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    Trump’s coup continues. It will soon enter its fourth phase | Robert Reich

    Trump’s attempted coup against the US continues. We are now in phase three.Phase one was his refusal to concede the loss of the 2020 election and his big lie that the election was “stolen” from him, without any basis in fact.Trump’s actions in phase one were not illegal, but they were immoral. They violated the norms that every president before Trump had dutifully followed.Phase two was his plot to overturn the result of the 2020 election.Phase two was hatched even before election day. On 31 October 2020, Trump’s confidant Steve Bannon told associates that Trump planned to declare that he won and claim Joe Biden’s expected victory fraudulent. Audio footage recently available shows that two days before the election, Trump’s lieutenant Roger Stone was already planning for alternative slates of electors.Then came Trump’s efforts to strong-arm election officials in swing states to alter votes, persuade the vice-president Mike Pence to reject the certification of electors, get the justice department to find fraud in the election process, come up with slates of fake electors, persuade Republican members of Congress to reject the certification, defame and intimidate poll workers and invite supporters to Washington on the day of the certification – which led inexorably to the violent attack on the US Capitol on 6 January 2021.Phase two was illegal. It violated both statutory laws and the US constitution. Trump is only now starting to be held accountable for these violations, in federal court in Washington and in state court in Georgia.Phase three is his current attempt to discredit and undermine the criminal justice system that is seeking to hold him accountable for phase two.Trump is smearing presiding judges, excoriating prosecutors and harassing and intimidating potential witnesses and jurors.He’s telling another big lie: that prosecutors, grand juries, judges, potential jurors and witnesses who are prepared to try him are corrupt and partisan – engaged in a plot to prevent him from being re-elected. Like his original big lie, this one has no basis in fact.Trump’s efforts in phase three are illegal. By publicly threatening people who are or will soon be participating in his trials, he is violating the explicit terms of his release pending trial, which prohibited him from engaging in harassment or intimidation.In seeking to silence or intimidate judges, prosecutors, potential jurors and witnesses, Trump is attempting to obstruct justice.Whether Trump is held accountable for phase three of his attempted coup will be up to the judges and prosecutors now engaged in trying to hold him accountable for phase two.Which brings us to what is likely to be phase four of his attempted coup – his campaign for re-election.As his trials approach in the months ahead, Trump is likely to escalate his lies that the election system and the criminal justice system are both rigged against him, and therefore, against his supporters.It is too early to know what additional illegal or unconstitutional means he will employ in phase four, but there is no reason to believe Trump will treat the upcoming election any more respectfully than he treated the 2020 election or has treated efforts to hold him accountable for what he did then.Notwithstanding Trump’s ongoing attempted coup, the most recent New York Times/Siena poll shows Trump in a dead heat with Biden for the presidency. Last week’s Quinnipiac poll also shows Trump and Biden in a virtual tie.Polls are fallible, of course, and the election is 15 months away. But the closeness of the race should be of concern, especially given that Trump has now been indicted for seeking to overturn the 2020 election.Trump’s attempted coup continues. Since before the 2020 election, he has been engaged in a concerted attempt to undermine the institutions of the US government.Everyone who cares about American democracy should be prepared for phase four.
    Robert Reich, a former US secretary of labor, is professor of public policy at the University of California, Berkeley, and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com More

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    Trump lawyers ask judge to push January 6 trial to April 2026

    Lawyers for Donald Trump asked the judge in Washington DC overseeing his federal election interference trial to push back the start date to April 2026, almost 18 months after the next presidential election and more than two years from the trial date proposed by the US government.The former president’s legal team filed the request to the US district court judge Tanya Chutkan, after Trump was indicted earlier this month on charges that he conspired to defraud the United States, conspired to obstruct an official proceeding, obstructed an official proceeding and engaged in a conspiracy against rights.Federal prosecutors in the office of the special counsel Jack Smith had proposed to schedule the trial for the start of January 2024, saying there was a significant public interest in expediting the prosecution.“A January 2 trial date would vindicate the public’s strong interest in a speedy trial,” prosecutors wrote, adding: “It is difficult to imagine a public interest stronger than the one in this case in which the defendant – the former president of the United States – is charged with three criminal conspiracies.”In their court filing on Thursday, Trump’s attorneys argued a years-long delay was necessary due to the “massive” amount of information they will have to review and because of scheduling conflicts with the other criminal cases Trump is facing.“If we were to print and stack 11.5 million pages of documents, with no gap between pages, at 200 pages per inch, the result would be a tower of paper stretching nearly 5,000 feet into the sky. That is taller than the Washington Monument stacked on top of itself eight times, with nearly a million pages to spare,” Trump’s team wrote.In their 16-page filing, the lawyers also argued that putting Trump, who is a candidate for the 2024 Republican nomination in a bid to reclaim the White House, on trial this coming January would mark a “rush to trial”.They argue that would violate his constitutional rights and be “flatly impossible”, adding: “The government’s objective is clear: to deny President Trump and his counsel a fair ability to prepare for trial.”Chutkan has said she wants to set a trial date at her next scheduled hearing on 28 August.Twice impeached and now indicted in four cases, Trump faces criminal charges in New York, Florida, Washington DC and Georgia over a hush-money scheme during the 2016 election, his alleged mishandling of classified documents and his efforts to overturn the results of the 2020 election.He also faces a civil trial beginning this October in the investigation into his business interests led by the New York attorney general, Letitia James.And on Friday, the New York judge Lewis Kaplan declared that Trump had filed a “frivolous” appeal against his decision not to dismiss the first of writer E Jean Carroll’s two defamation lawsuits against him. She is seeking $10m and a jury in May found him liable for sexual abuse and defamation of Carroll in 1996, awarding her $5m in damages. More

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    US hails ‘new era’ of Asia Pacific relations as Biden hosts historic summit with Japan and South Korea – live

    From 40m agoJoe Biden will welcome his South Korean counterpart, Yoon Suk Yeol, and Japanese prime minister, Fumio Kishida, to Camp David for the first-ever trilateral summit with the three countries amid a recent thaw in ties between Japan and Korea.The US has promised to usher in a “new era” in relations with its most important allies in Asia, as the region struggles to address the threat posed by an increasingly assertive China and a nuclear-armed North Korea.Washington’s ties with Tokyo and Seoul are “stronger than they have been at any point in modern memory”, national security adviser Jake Sullivan said at a Friday briefing, as he confirmed the US will announce “significant steps to enhance trilateral security cooperation” including new collaborations on missile defence and technology when the three leaders meet for their first standalone summit.The leaders are also expected to detail plans to invest in technology for a three-way crisis hotline and offer an update on the progress the countries have made in sharing early-warning data on missile launches.Kishida, before departing Tokyo for Washington on Thursday, called the summit a “historic occasion to bolster trilateral strategic cooperation based on our stronger-than-ever bilateral relations with the United States and South Korea”.US officials are confident that its two main allies in the region, Japan and South Korea, share Washington’s view on most global issues, although a joint statement is expected to stop short of directly referring to China to reflect South Korean reservations about openly criticising Beijing.“Japan and South Korea are core allies – not just in the region, but around the world,” the US secretary of state, Antony Blinken, said this week, adding that Biden’s summit would “mark what we believe is a new era in trilateral cooperation”.Blinken said he expected a continued focus on North Korea “given the endless provocation it’s taken” but added that the meeting would address a “much more expansive agenda”.China has denounced the summit, saying it “opposes relevant countries forming various cliques and their practices of exacerbating confrontation and jeopardising other countries’ strategic security.”Foreign ministry spokesperson Wang Wenbin said this week:
    We hope the countries concerned will go with the trend of the times and do something conducive to regional peace, stability and prosperity.
    A standalone summit bringing together the leaders of Japan and South Korea would have been almost unthinkable just over a year ago, when the north-east Asian neighbours were embroiled in disputes over their bitter wartime legacy.Bilateral ties were at a low point before the South Korean president, Yoon Suk Yeol, took office in May 2022, due to compensation claims by Koreans over Japan’s use of forced labour during its 1910-1945 colonial rule of the Korean peninsula, and the longstanding controversy over Korean women who were coerced into working in Japanese military brothels.Yoon, a conservative, and the Japanese prime minister, Fumio Kishida, appear to have resolved the forced labour dispute and established a warm relationship that has included a joint visit to a memorial to Korean victims of the Hiroshima atomic bombing when the city hosted the G7 summit in May.This week, Yoon described Japan as a “partner” with shared values and interests, as his county marked the 78th anniversary of its liberation from 35 years of Japanese colonial rule.The thaw in ties has been greeted with relief in Washington as it attempts to present a united regional front against Chinese military activity near Taiwan and North Korea’s development of more powerful weapons of mass destruction in defiance of UN-led sanctions.“Suffice it to say, this is a big deal,” National security adviser Jake Sullivan told reporters on Friday shortly before the formal start of the daylong summit.
    It is a historic event, and it sets the conditions for a more peaceful and prosperous Indo-Pacific, and a stronger and more secure United States of America.
    Friday’s summit will be the first time Joe Biden has used Camp David to host international leaders.Joe Biden will welcome his South Korean counterpart, Yoon Suk Yeol, and Japanese prime minister, Fumio Kishida, to Camp David for the first-ever trilateral summit with the three countries amid a recent thaw in ties between Japan and Korea.The US has promised to usher in a “new era” in relations with its most important allies in Asia, as the region struggles to address the threat posed by an increasingly assertive China and a nuclear-armed North Korea.Washington’s ties with Tokyo and Seoul are “stronger than they have been at any point in modern memory”, national security adviser Jake Sullivan said at a Friday briefing, as he confirmed the US will announce “significant steps to enhance trilateral security cooperation” including new collaborations on missile defence and technology when the three leaders meet for their first standalone summit.The leaders are also expected to detail plans to invest in technology for a three-way crisis hotline and offer an update on the progress the countries have made in sharing early-warning data on missile launches.Kishida, before departing Tokyo for Washington on Thursday, called the summit a “historic occasion to bolster trilateral strategic cooperation based on our stronger-than-ever bilateral relations with the United States and South Korea”.The US justice department is seeking 33 years in prison for Enrique Tarrio, the former Proud Boys leader convicted of seditious conspiracy in one of the most serious cases to emerge from the attack on the US Capitol to block the transfer of presidential power in the hopes of keeping Donald Trump in the White House after he lost the 2020 election, according to court documents.The sentence, if imposed, would be by far the longest punishment that has been handed down in the massive prosecution of the riot on 6 January 2021. The Oath Keepers founder Stewart Rhodes, who was convicted of seditious conspiracy in a separate case, has received the longest sentence to date – 18 years.Tarrio, who was not at the Capitol riot itself, was a top target of what has become the largest justice department investigation in American history. He led the neo-fascist group – known for street fights with leftwing activists – when Trump infamously told the Proud Boys to “stand back and stand by” during his first election debate with Democrat Joe Biden.During the months-long trial, prosecutors argued that the Proud Boys viewed themselves as foot soldiers fighting for Trump as the Republican spread lies that Democrats stole the election from him, and were prepared to go to war to keep their preferred leader in power.“They unleashed a force on the Capitol that was calculated to exert their political will on elected officials by force and to undo the results of a democratic election,” prosecutors wrote in their filing on Thursday.
    The foot soldiers of the right aimed to keep their leader in power. They failed. They are not heroes; they are criminals.
    A judge declared Donald Trump had filed a “frivolous” appeal from his decision not to dismiss the first of writer E Jean Carroll’s two defamation lawsuits against him.US district judge Lewis Kaplan criticized the former president’s “delay” tactics, writing in a 17-page ruling:
    This case was largely stalled for years due in large part to Mr Trump’s repeated efforts to delay, which are chronicled in the Court’s prior decisions.
    Donald Trump said he had canceled a press conference scheduled for next week in which he claimed he would release a report containing new “evidence” of fraud in the state of Georgia during the 2020 presidential election.The former president, who was charged in Georgia last week with conspiring to overturn the state’s 2020 election results, said on Thursday that his lawyers would prefer putting his allegations in court filings instead.Trump, posting on his social media platform, Truth Social, wrote:
    Rather than releasing the Report on the Rigged & Stolen Georgia 2020 Presidential Election on Monday, my lawyers would prefer putting this, I believe, Irrefutable & Overwhelming evidence of Election Fraud & Irregularities in formal Legal Filings.
    Trump had claimed on Tuesday that he would publish a 100-page report at the event, which was due to be held on Monday in Bedminister, New Jersey, that would exonerate him.No compelling evidence of wide-scale fraud has emerged in the two-and-a-half years since the election in Georgia or elsewhere, despite Trump’s baseless claims.Twice impeached and now indicted in four cases: Donald Trump faces serious criminal charges in New York, Florida, Washington and Georgia over a hush-money scheme during the 2016 election, his alleged mishandling of classified documents and his efforts to overturn the results of the 2020 election.As Trump prepares for those cases to go to trial, the former president is also confronting a verdict that found him liable for sexual abuse and defamation of the writer E Jean Carroll. A New York jury awarded Carroll, who accused Trump of assaulting her in 1996, $5m in damages.Here is where each case against Trump stands:Lawyers for Donald Trump asked the judge overseeing his federal election interference trial to push back the start date to April 2026, nearly 18 months after the next presidential election.The lawyers filed the request to US district court judge Tanya Chutkan, after Trump was indicted earlier this month on charges that he conspired to defraud the United States, conspired to obstruct an official proceeding, obstructed an official proceeding and engaged in a conspiracy against rights.Federal prosecutors in the office of special counsel Jack Smith had proposed to schedule the trial for the start of January 2024, saying there was a significant public interest in expediting the prosecution.“A January 2 trial date would vindicate the public’s strong interest in a speedy trial,” prosecutors wrote.
    It is difficult to imagine a public interest stronger than the one in this case in which the defendant – the former president of the United States – is charged with three criminal conspiracies.
    In their court filing on Thursday, Trump’s attorneys argued a years-long delay was necessary due to the “massive” amount of information they will have to review and because of scheduling conflicts with the other criminal cases Trump is facing.
    If we were to print and stack 11.5 million pages of documents, with no gap between pages, at 200 pages per inch, the result would be a tower of paper stretching nearly 5,000 feet into the sky. That is taller than the Washington Monument, stacked on top of itself eight times, with nearly a million pages to spare.
    Good morning, US politics blog readers. Lawyers for former president Donald Trump asked the judge presiding over his federal 2020 election interference case to schedule his trial for April 2026 – more than two and a half years from now.In a 16-page filing on Thursday, the lawyers argued that putting Trump on trial this coming January – as federal prosecutors have requested – would mark a “rush to trial” that would violate his constitutional rights and be “flatly impossible” given the extraordinary volume of discovery evidence they will have to sort through. Trump’s lawyers wrote:
    The government’s objective is clear: to deny President Trump and his counsel a fair ability to prepare for trial.
    Special counsel Jack Smith is expected to oppose the April 2026 start date, which would put the trial long after the 2024 presidential election, in which Trump is the current frontrunner for the Republican nomination. US district court judge Tanya Chutkan has said she wants to set a trial date at her next scheduled hearing on 28 August.Meanwhile, Joe Biden will welcome his South Korean counterpart, Yoon Suk Yeol, and Japanese prime minister, Fumio Kishida, to Camp David today for the first-ever trilateral summit with the three countries, as the US hopes to cement ties with its two most important allies in Asia amid an increasingly assertive China and a nuclear-armed North Korea.Washington’s ties with Tokyo and Seoul are “stronger than they have been at any point in modern memory”, national security adviser Jake Sullivan said at a Friday briefing, as he confirmed the US will announce “significant steps to enhance trilateral security cooperation” including new collaborations on missile defence and technology when the three leaders meet for their first standalone summit.Here’s what else we’re watching today:
    11am: Joe Biden will welcome the South Korean president, Yoon Suk Yeol, and Japan’s prime minister, Fumio Kishida, to Camp David for a trilateral summit.
    3pm: Biden, Yoon and Kishida will hold a joint press conference.
    6pm: Biden will leave Camp David for Andrews, where he will fly to Reno
    The House and Senate are out. More

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    Georgia takes on Trump and his allies | podcast

    Until five months ago, no former US president had ever faced criminal charges. As of Monday evening, Donald Trump is facing 91 felony counts. The 97-page indictment handed down by a Fulton county grand jury in Georgia includes 41 criminal counts, 13 of them against Trump. This case may represent the biggest legal peril for Trump to date and it could see him behind bars, no matter who wins the presidential election next year.
    Joan E Greve and Sam Levine discuss every possible outcome

    How to listen to podcasts: everything you need to know More

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    Names and addresses of Georgia grand jurors posted on rightwing websites

    Law enforcement officials in Georgia say they are investigating threats targeting members of the grand jury that indicted former President Donald Trump and 18 of his allies, after private information about jurors was published online.On Thursday, the Fulton county sheriff’s office announced that it was “aware that personal information of members of the Fulton county grand jury is being shared on various platforms”.On Monday the Fulton county grand jury returned a 41-count indictment charging Trump and others with illegally conspiring to overturn his 2020 election loss in Georgia.According to the Independent, several users on Trump’s rightwing social media platform Truth Social posted the names of the jurors, with one user writing, “Someone needs to look into all of these grand jurors. I can guarantee that everyone of them has a BIG FAT D by their name!”Another user wrote: “I’m looking forward to the fun some will have with the list of leaked grand jurors …,” the outlet reported.Meanwhile, CNN reported that in addition to names, photos, social media profiles and even home addresses appearing to belong to the jurors have been shared online on various platforms including pro-Trump forums and websites that have been linked to extremist attacks.In Thursday’s announcement, the sheriff’s office said that its investigators were working closely with local, state and federal law enforcement agencies to track down the origins of the threats in Fulton county and other jurisdictions.“We take this matter very seriously and are coordinating with our law enforcement partners to respond quickly to any credible threat and to ensure the safety of those individuals who carried out their civic duty. If anyone becomes aware of a threat, please call 911 immediately or contact your local police department,” the sheriff’s office added.Though the grand jury proceedings were secret, the unredacted names of the grand jury members were included in the indictment. That is standard practice in Georgia, in part because it gives criminal defendants a chance to challenge the composition of the grand jury. The indictment itself is a public record.The American Bar Association condemned any threats as well as the sharing of other personal information about the grand jurors online.“The civic-minded members of the Georgia grand jury performed their duty to support our democracy,” the association’s statement said. “It is unconscionable that their lives should be upended and safety threatened for being good citizens.”Since the Fulton county district attorney, Fani Willis, delivered the 41-count indictment, Willis, who is African American, has faced a wave of racist abuse online including from Trump, who, using a thinly veiled play on the N-word, wrote on Truth Social: “They never went after those that Rigged the Election … They only went after those that fought to find the RIGGERS!”As Trump prepares for his fourth arraignment, authorities remain concerned over the spike in political violence across the country. This week, a Texas woman was arrested and charged with threatening to kill Tanya Chutkan, the federal judge overseeing the criminal case against Trump in Washington DC.skip past newsletter promotionafter newsletter promotionThe woman, identified as Abigail Jo Shry of Texas, also threatened to kill Sheila Jackson Lee, a Texas Democratic representative, according to court documents reviewed by the Associated Press.Meanwhile, Trump himself has also made threats to authorities and his rivals amid his mounting legal woes, writing on social media: “If you go after me, I’m coming after you.” More

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    Georgia Republican lawmaker moves to impeach Trump prosecutor Fani Willis

    A Republican state senator in Georgia has moved to impeach the Fulton county district attorney, Fani Willis.The move comes in the wake of Willis’s delivery of a 41-count indictment against the former president Donald Trump and his operatives on state racketeering and conspiracy charges over efforts to reverse Trump’s 2020 presidential election loss in the state.On Thursday, Colton Moore wrote a letter to Governor Brian Kemp in which he called for an emergency review of Willis’s actions.“We, the undersigned … hereby certify to you … that in our opinion an emergency exists in the affairs of the state, requiring a special session to be convened … for all purposes, to include, without limitation, the review and response to the actions of Fani Willis,” Moore wrote.Moore, who represents senate district 53, posted his letter on Twitter alongside the caption: “As a Georgia state senator, I am officially calling for an emergency session to review the actions of Fani Willis.“America is under attack. I’m not going to sit back and watch as radical left prosecutors politically TARGET political opponents,” he added.In a statement reported by the rightwing media outlet Breitbart, Moore said: “We must strip all funding and, if appropriate, impeach Fani Willis.”Moore appears to have also launched a website for the official petition of Willis.“Corrupt district attorney Fani Willis is potentially abusing her position of power by pursuing former president Donald J Trump, and I am calling on my colleagues in the Georgia legislature to join me in calling for an emergency session to investigate and review her actions and determine if they warrant impeachment.“The politically motivated weaponization of our justice system at the expense of taxpayers will not be tolerated. I am demanding that we defund her office until we find out what the hell is going on. We cannot stand idly by as corrupt prosecutors choose to target their political opposition,” the website read underneath a headline of “God. Guns. Liberty. Leadership.”Moore’s announcement triggered praise from several conservatives online, with one person writing: “Finally a Republican with courage. So refreshing to see someone FIGHT instead of sit back and say ‘there’s nothing we can do.’”Another user wrote: “Finally, a Republican with a backbone.”“Republicans who walk the walk are my kind of Republicans,” someone else wrote.Following Willis’s delivery of the 41-count indictment, the Fulton county district attorney, who is African American, has faced a wave of racist abuse online including from Trump, who, using a thinly veiled play on the N-word, wrote on Truth Social: “They never went after those that Rigged the Election … They only went after those that fought to find the RIGGERS!” More

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    Giuliani visited Mar-a-Lago seeking help paying ‘ballooning’ legal fees – report

    The New York mayor turned Trump attorney Rudy Giuliani made a largely fruitless visit to Mar-a-Lago to plead for help paying “ballooning” legal fees arising from work for the former president, CNN reported.Citing unnamed sources, the network said Giuliani met Donald Trump at his Florida resort in April. Trump, “who is notoriously strict about dipping into his own coffers, didn’t seem very interested” and only “verbally agreed” to help pay some bills and to support fundraisers for his ally, according to CNN.One source said “Trump only agreed to cover a small fee from a data vendor hosting Giuliani’s records”, a payment CNN said was made.Giuliani may have had reason to hope for more. Last year, a biographer, Andrew Kirtzman, reported that when Giuliani experienced problems with drinking and depression stoked by his failed presidential run in 2008, Trump gave him refuge at Mar-a-Lago, including the use of private tunnels to avoid press attention.Giuliani now faces proliferating legal difficulties and expenses arising from work including searching for dirt on Trump’s political enemies, which stoked Trump’s first impeachment, and challenging election results in states lost to Joe Biden.Giuliani’s own attorney, Adam Katz, this week told a judge in a case brought by a voting machines company, Smartmatic: “These are a lot of bills that he’s not paying. I think this is very humbling for Mr Giuliani.” The former mayor has put his New York apartment up for sale.In Georgia on Monday, Giuliani was indicted on 13 counts, including under anti-racketeering “Rico” laws he memorably used to target mobsters when he was the top federal prosecutor in Manhattan.Speaking to Newsmax, Giuliani lamented “a ridiculous application of the racketeering statute”, saying: “There’s probably no one that knows it better than I do.”Ken Frydman, a former Giuliani press secretary, told the New York Post: “You couldn’t invent such irony.” But plenty of observers were happy to delight in it in public.Under the headline “Wiseguys Rejoice at Seeing NYC Mafia Buster Rudy Giuliani Indicted on Trump Rico Charge”, the Messenger spoke to lawyers who have represented figures in organised crime.Murray Richman, a “veteran mob lawyer”, said he had discussed Giuliani’s charge with “several of my clients”.“You can quote me to say, ‘They’re fucking thrilled,’” Richman said.skip past newsletter promotionafter newsletter promotionJeffrey Lichtman, who represented John Gotti Jr, said: “All of my clients who had the misfortune of being prosecuted by him are laughing now. As am I … It’s not just an ironic result but it’s a just result. He was a horribly dishonest prosecutor and the wheel of karma is about to crush him.”Ron Kuby, who represented Stephen “Sigmund the Sea Monster” Sergio, said: “It is just delightful to watch the guy who expanded Rico prosecutions well beyond their original intent, and did so grasping for the biggest headlines … be indicted by the very law that he championed.”Speaking to CNN, an unnamed source noted that Trump’s reluctance to help Giuliani may prove unwise.“It’s not a smart idea,” the source said, noting how Trump’s relationship with a previous lawyer, Michael Cohen, deteriorated to the point that Cohen “flipped”, testifying against Trump in Congress and in court.On social media, Cohen told Giuliani: “I wouldn’t hold my breath if I was you. He didn’t pay you for your previous services (not that you accomplished anything other than make an asshole out of yourself). You have a better chance to raise the money from your ex-wives. I warned you!!!” More

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    Trump’s indictment can’t solve the real threat: our undemocratic electoral system | Lawrence Douglas

    Read the indictment handed down by a Fulton county, Georgia, grand jury: weighing in at 98 pages, it is a breathtaking document, granular in its description of a coordinated criminal enterprise that brazenly broke numerous Georgia state laws.The 19 persons named in the racketeering charges are not, however, members of some sleazy organized crime syndicate; rather, they include the former president of the United States, his chief of staff, a former mayor of New York, a former law school dean and a former official in the US Department of Justice. Together they stand accused of knowingly and willfully joining a conspiracy to subvert the outcome of a fair, democratic election.Placed alongside Trump’s other three indictments, the Georgia case bears the greatest similarity to the federal charges, filed earlier this month, accusing Trump of criminal acts that culminated in the January 6 insurrection at the US Capitol. Still, the Georgia matter carries different risks and rewards.Georgia’s racketeering statute is a more flexible instrument than its federal counterpart, and so empowers the prosecution to craft a broad narrative linking Trump’s lying to the state’s officials, his intimidating and defaming its election officers, and his sanctioning a slate of false Georgian electors for his nationwide efforts to overturn Biden’s victory. And as the constitution’s pardon power only extends to federal matters, a state conviction would deny Trump the opportunity to pardon himself (itself an act of dubious constitutionality).In declaring that she intends to try all 19 co-conspirators in a single trial, however, Fulton county district attorney Fani Willis risks turning the proceeding into a long and unfocused affair, marred by the grandstanding of multiple lawyers for the defense. Add to this the fact that while federal trials cannot be televised, this case arguably could be, raising the concern that a solemn proceeding could turn into a media circus.There is, of course, another deeper source of alarm. Much as we might hope that the criminal justice system will put an end to the clear and present danger that Trump poses to our constitutional democracy, the prospect remains that the ultimate judgment on Trump will be passed by the voters in November 2024. And this reminds us why Trump trained his lies on the result in Georgia in 2020.Biden defeated Trump by nearly 8m votes in 2020, a substantial if not overwhelming margin of victory. Matters were very different in the electoral college. A combined total of 44,000 votes handed Biden victory in the swing states of Arizona, Wisconsin and Georgia.Had Trump succeeded in “finding” 45,000 more votes in these three states, the 2020 election would have resulted in an electoral college tie, an unseemly result that, by the terms of the constitution, hands the task of electing the president to the House of Representatives. In a travesty of democratic rule, when the House elects the president, each state delegation, and not each representative, gets a single vote, and while Democrats still controlled the House after the 2020 election, Republicans actually enjoyed a majority of state delegations. Trump would have won.While it is hard to imagine Trump defeating Biden in the popular vote in 2024, the electoral college remains another matter. Polls already predict another tight electoral race. Maga zealots and election deniers continue to target and attack independent election officials in the key swing states. Add to the mix the possibility of a third-party candidate, who, like Ralph Nader in 2000, would have no prospect of winning but could peel away votes in these crucial states, and the perils magnify.Generations of Americans have recognized the defects in the way we elect our president. The first serious effort to eliminate the system came in 1816 and hundreds have followed, all failing given the extreme difficulty of amending our constitution. It is a grotesque fact that a candidate who has made clear his hostility to democratic governance could only be returned to office through an antiquated, dysfunctional and anti-democratic electoral system.
    Lawrence Douglas is the author, most recently, of Will He Go? Trump and the Looming Election Meltdown in 2020. He is a contributing opinion writer for the Guardian US and teaches at Amherst College More