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    Ivanka Trump and Jared Kushner subpoenaed in January 6 investigation – report

    Ivanka Trump and Jared Kushner subpoenaed in January 6 investigation – reportSpecial counsel looking into Trump’s efforts to overturn 2020 election subpoenas former president’s daughter and son-in-law Former US president Donald Trump’s son-in-law Jared Kushner and daughter Ivanka Trump have been subpoenaed by the special counsel Jack Smith to testify before a federal grand jury regarding the January 6 attack on the Capitol, the New York Times reported on Wednesday, citing sources.Merrick Garland, the attorney general, appointed Smith in November last year to take over two investigations involving Trump, who is running for president in 2024.The first investigation involves Trump’s handling of highly sensitive classified documents he retained at his Florida resort after leaving the White House in January 2021.The second investigation is looking at efforts to overturn the 2020 presidential election’s results, including a plot to submit phony slates of electors to block Congress from certifying Democrat Joe Biden’s victory.Earlier this month, media outlets reported that the former US vice-president Mike Pence, the former national security adviser Robert O’Brien and Trump’s former chief of staff, Mark Meadows, were subpoenaed by Smith in his investigations.Grand juries in Washington have been hearing testimony in recent months for both investigations from former top Trump administration officials.Smith’s office and Kushner did not immediately respond to requests for comment on Wednesday. Ivanka Trump could not immediately be reached for comment.TopicsDonald TrumpJared KushnerIvanka TrumpUS politicsUS Capitol attacknewsReuse this content More

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    Trump’s environmental rollbacks in focus on visit to Ohio toxic train site

    Trump’s environmental rollbacks in focus on visit to Ohio toxic train siteFormer president criticizes Biden administration’s response to train derailment in East Palestine as he visits townDonald Trump’s record of rolling back environmental protections was highlighted by critics on Wednesday as the ex-president visited the town of East Palestine, Ohio, and called the federal response to the toxic train derailment there earlier this month a “betrayal” .Trump’s administration, which rolled back more than 100 environmental rules in total, watered down several regulations at the behest of the rail industry.‘We just need answers’: distrust grows in Ohio town after toxic train derailmentRead moreHe withdrew an Obama-era plan to require faster brakes on trains carrying highly flammable materials, shelved a rule that demanded at least two crew members on freight trains and dropped a ban on transporting liquified natural gas by rail, despite fears this could cause explosions.“His trip serves as a reminder that Trump and his administration made gutting transportation and environmental safety regulations a key priority of their Maga agenda,” the Democratic National Committee said in an email to reporters.Linking to a number of media reports of his transportation policies, it said, “Trump and his administration rolled back … transportation safety and environmental rules, including toxic chemical regulations,” and “Trump’s budget proposals slashed funding for investigating accidents, enforcing environmental rules, and prosecuting environmental crimes”.“I don’t know exactly what he’s planning to do there, especially since his administration was anti-regulation and pro-industry every step of the way,” Pete Buttigieg, the transportation secretary, told CBS the day before Trump’s visit.Buttigieg has been attacked by Republicans for failing so far to visit the site of the Ohio disaster, and the Department of Transportation said on Wednesday that he will visit the town on Thursday. The statement said: “As the secretary said, he would go when it is appropriate and wouldn’t detract from the emergency response efforts. The secretary is going now that the Environmental Protection Agency (EPA) has said it is moving out of the emergency response phase and transitioning to the long-term remediation phase.”The head of the National Transportation Safety Board – the lead agency investigating the crash – has said that the improved braking system wouldn’t have applied to the train that veered off its tracks in East Palestine, but environmental groups are pushing for the Biden administration to reinstate the rule anyway.There has been pressure from some Republicans to review safety rules, with Mike DeWine, the Ohio governor, saying it is “absurd” that the train could be marked as non-hazardous because it wasn’t exclusively carrying toxic material. But many other GOP figures have so far shied away from calling for tighter regulation of the rail industry, instead focusing on what they say has been a ponderous response from the Biden administration.Residents have expressed distrust at official statements that the water and air in the town is safe. In his visit on Wednesday, Trump, who is running for the White House again in 2024, said the community needs “answers and results”, not excuses. He spoke at a firehouse roughly half a mile from where more than three dozen freight cars – including 11 carrying hazardous materials – came off the tracks near the Pennsylvania state line.“In too many cases, your goodness and perseverance were met with indifference and betrayal,” Trump said. He appeared with Senator JD Vance, Mayor Trent Conaway and other state and local leaders.The former president and other Republicans have intensified criticism of the Biden administration’s handling of the 3 February derailment, which led to evacuations and fears of air and water contamination after a controlled burning of toxic chemicals aboard the rail cars.The Biden White House has defended its response to the derailment, saying officials from the EPA, National Transportation Safety Board and other agencies were at the rural site within hours of the derailment. The White House says it has also offered federal assistance and that the Federal Emergency Management Agency has been coordinating with the state emergency operations center and other partners.EPA administrator Michael Regan visited the site last week and earlier this week and tried to reassure skeptical residents of the town, which has a population of around 5,000, that the water was fit for drinking and the air safe to breathe.“I’m asking they trust the government,” Regan said. “I know that’s hard. We know there’s a lack of trust.” Officials are “testing for everything that was on that train”, he said.The Associated Press contributed reportingTopicsDonald TrumpOhio train derailmentOhioUS politicsPollutionnewsReuse this content More

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    Georgia grand jury foreperson’s remarks on Trump investigation could fuel legal challenges – as it happened

    Lawyer for Republican officials who a special grand jury in Georgia may have recommended for indictment over their effort to meddle in the 2020 election could use the grand jury foreperson’s public statements to challenge any charges, CBS News reports:News: CBS News has learned that lawyers close to several GOP witnesses in Fulton Co. investigation are preparing to move to quash any possible indictments by DA based on the public statements by the forewoman of the special grand jury, per two people familiar with the discussions— Robert Costa (@costareports) February 22, 2023
    Emily Kohrs, the foreperson of the special grand jury empaneled in the Atlanta area to investigate the effort by Donald Trump and his allies to overturn Joe Biden’s election win in Georgia, has in recent days spoken publicly about the panel’s work. While she hasn’t named names, she confirmed that the panel did recommend indictments, and when it comes to the former president, “You’re not going to be shocked. It’s not rocket science.”Donald Trump traveled to East Palestine, Ohio, where he took the opportunity to criticize the Biden administration’s response to the derailment and toxic waste spill earlier this month. Two can play at that game, however, and Democrats have seized on his trip to remind voters of his administration’s friendliness to the rail industry, and argue it set the stage for the derailment. We may hear more about that tomorrow, when transportation secretary Pete Buttigieg pays his own visit to the village.Here’s what else happened today:
    The foreperson of the special grand jury investigating Trump’s election meddling campaign in Georgia has been making the rounds of news outlets, and that might not be helpful for prosecutors.
    Democrats got some good news in their quest to hold the Senate after next year, when Montana’s Jon Tester announced he’d stand for re-election. However, West Virginia’s Joe Manchin remains non-committal on another term.
    House Republicans want to learn everything they can about American support to Ukraine.
    Joe Biden is taking a page out of Trump’s book with new restrictions meant to dramatically crack down on asylum seekers arriving at the border with Mexico.
    “Serious vulnerabilities” in Arizona’s election systems? Apparently not.
    One of the most under-the-radar political stories of the year is happening in Wisconsin, where voters yesterday cast ballots in a primary election that could set the stage for a change in the ideological balance on the state supreme court. That won’t just affect Wisconsinites, but particularly all Americans, since the Badger state is crucial to any victorious presidential campaign. Here’s more on that from the Guardian’s Sam Levine:Wisconsin voters on Tuesday chose one liberal and one conservative candidate to face off in a race to determine control of the state supreme court in what is likely the most important election of 2023.Janet Protasiewicz, a liberal Milwaukee circuit court judge, will be on the ballot against Daniel Kelly, a conservative former supreme court justice, in the state’s 4 April general election. Protasiewicz, who received 46% of the statewide vote, and Kelly, who received 24% of the statewide vote, advanced from a four-member field that included Everett Mitchell, a liberal judge in Dane county, and Jennifer Dorow, a conservative judge in Waukesha county.Conservatives currently have a 4-3 majority on the court, but if Protasiewicz wins, the balance of the court would flip.That would have enormous impact in Wisconsin, one of the most politically competitive states in America that often determines the outcome of the presidential election. The court is expected to have a say in the near future on a range of major voting rights and abortion decisions.Wisconsin judicial race: contenders chosen in pivotal election for 2023Read moreAmong the news outlets Emily Kohrs, foreperson of the Georgia special grand jury investigating the 2020 election meddling campaign, spoke to was CNN.Their legal analyst Elie Honig, a former assistant US attorney, was not impressed by her disclosures. Here’s what he had to say:Emily Kohrs (and other jurors in Trump investigations, or any investigations for that matter), if you’re listening:“It’s a prosecutor’s nightmare.”Former federal and state prosecutor @eliehonig with @andersoncooper discussing effects of grand jury members speaking publicly. pic.twitter.com/s11guYp3Ef— Ryan Goodman (@rgoodlaw) February 22, 2023
    Legal experts who spoke to the Washington Post say the Georgia special grand jury foreperson’s media blitz won’t be helpful to prosecutors looking to hold Donald Trump’s allies to account, but aren’t necessarily fatal to their case.“What the forewoman said in this case was nothing more than hearsay, and in theory isn’t damaging. But her statements could allow for stalling and delaying on the part of those facing indictment who might question the impartiality of the proceedings,” Jeffrey Fagan, a law professor at Columbia University, told the Post.Washington University in St. Louis law professor Peter A. Joy said her comments could be fodder for future investigations.“It could lead to an investigation into the grand jury itself and the possibility that anyone indicted may be able to obtain a copy of the transcript of the grand jury proceedings, which would be helpful to the defense,” he said.Clark D. Cunningham of Georgia State University summed it up best: It is “speculative and maybe alarmist to say that her media appearances will be a problem for the prosecution. But the adverse effect on public confidence, I think, is clear.”Lawyer for Republican officials who a special grand jury in Georgia may have recommended for indictment over their effort to meddle in the 2020 election could use the grand jury foreperson’s public statements to challenge any charges, CBS News reports:News: CBS News has learned that lawyers close to several GOP witnesses in Fulton Co. investigation are preparing to move to quash any possible indictments by DA based on the public statements by the forewoman of the special grand jury, per two people familiar with the discussions— Robert Costa (@costareports) February 22, 2023
    Emily Kohrs, the foreperson of the special grand jury empaneled in the Atlanta area to investigate the effort by Donald Trump and his allies to overturn Joe Biden’s election win in Georgia, has in recent days spoken publicly about the panel’s work. While she hasn’t named names, she confirmed that the panel did recommend indictments, and when it comes to the former president, “You’re not going to be shocked. It’s not rocket science.”Joe Biden, a devout Catholic, marked Ash Wednesday in Warsaw today.This is Facebook’s translation from the Polish of what the attending priest, Wieslaw Dawidowski, had to say:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Today is Ash Wednesday. Also the greats of this world accept the ashes – if they belong to the Catholic tradition. I had the honor to put ashes on the head of the President of the United States himself Mr Joe Biden.
    Everything happened in great secret but now I can say: in an improvised house chapel just next to the president’s apartment, we held a Holy Mass with the intention of peace, the conversion of Russia and the light of the Holy Spirit for the president.Dawidowski’s post included pictures of presidential challenge coins and of the priest and president together, ash on the president’s forehead.Democrats and immigration advocates have harshly criticized Joe Biden over a new proposal that could stop migrants claiming asylum at the US-Mexico border. One advocate said the move would cause “unnecessary human suffering”.The pushback came after the Biden administration unveiled the proposal that would deny asylum to migrants who arrive without first seeking it in one of the countries they pass through.There are exceptions for children, people with medical emergencies and those facing imminent threats but if enacted the proposal could stop tens of thousands of people claiming asylum in the US.The move prompted comparisons to Donald Trump’s attempts to limit asylum, attempts repeatedly struck down by federal courts. As a presidential candidate, Biden pledged to reverse those policies.The proposal “represents a blatant embrace of hateful and illegal anti-asylum policies, which will lead to unnecessary human suffering”, said Marisa Limón Garza, executive director of Las Americas Immigrant Advocacy Center.“Time after time, President Biden has broken his campaign promises to end restrictions on asylum seekers traveling through other countries.“These are mothers, fathers, aunts, uncles and thousands of children who are simply looking for a fair chance for their case to be heard. We urge the Biden administration to abandon policy initiatives that further the inhumane and ineffective agenda of the Trump administration.”The proposed rule was posted in the Federal Register this week, with 30 days for public comment.Mary Meg McCarthy, executive director of the National Justice Immigration Center, said the brief comment period “suggests that the president already knows that this policy is a betrayal of his campaign promises”.Full story:Biden’s proposal denying asylum at border would cause ‘unnecessary suffering’, say criticsRead moreJon Tester has announced a run for re-election – good news for Democrats facing a tough map in their quest to hold the Senate in 2024.In a statement earlier today, the Montanan, for three terms an increasingly rare blue (Democratic) senator from a very red (Republican) state, said: “I know that people in Washington don’t understand what a hard day’s work looks like or the challenges working families are facing in Montana.“I am running for re-election so I can keep fighting for Montanans and demand that Washington stand up for our veterans and lower costs.”Politico reports an unusually cross Republican response, in the form of a statement from Steve Daines, the other Montana senator.“Jon Tester just made the same mistake Steve Bullock did in 2020. Both should have ended their political careers on their terms. Instead, they each will have their careers ended by Montana voters.”Bullock, a former Montana governor, ran against Daines in 2020 … and was soundly beaten.As Politico puts it, “it’s rare for an intra-state senator … to hammer someone on the record like this. Part of the history here is that Tester helped recruit Bullock to run against Daines”.An interesting report from Politico says Joe Biden’s failure to say whether he will run for re-election or not has created a creeping “sense of doubt” among Democratic operatives.Most expect Biden to announce a run for a second term in April and thereby answer those who say he is too old for the office, the report says, “but even that target is less than definitive”.Politico adds: “According to four people familiar with the president’s thinking, a final call has been pushed aside as real-world events intervene.”One such event, of course, was the president’s visit to Ukraine and Poland this week.Nonetheless, “some potential presidential aspirants and scores of major donors” are reportedly “strategising and even developing a Plan B while trying to remain respectful and publicly supportive of the 80-year-old president”.Among possible candidates should Biden not run, the site names three governors – JB Pritzker (Illinois), Gavin Newsom (California) and Phil Murphy (New Jersey) – and some of the usual suspects in Congress, including senators Amy Klobuchar (Minnesota) and Bernie Sanders (Vermont), who it says are keeping the door open, just in case.Sanders, of course, is a year older than Biden. Here’s what he says about those who say 80, or indeed 81, is too old to run for president: Bernie Sanders: Nikki Haley’s demand for mental tests is ageist and ‘absurd’Read moreA former Arizona attorney general omitted key context from investigators when he publicly said his office had discovered “serious vulnerabilities” in state election systems, according to new documents obtained by the Washington Post.The documents provide new insight into how Mark Brnovich, a Republican who left office last year, investigated allegations of fraud in his state. The investigation took 10,000 hours and had the participation of all of the office’s 60 investigators at one point or another.In April last year, Brnovich released an interim report saying there were issues with the handling and verification of mail-in ballots. The documents obtained by the Post show that in a draft report, Brnovich’s staff wrote: “We did not uncover any criminality or fraud having been committed in this area during the 2020 general election.”Brnovich’s interim report also suggested that Maricopa county, the largest in the state, had not turned over information, making the investigation more difficult. In a draft report, staff wrote that investigators collectively believed the county “was cooperative and responsive to our requests”.The Post documents also show that top Arizona Republicans who claimed widespread fraud in the 2020 election could not substantiate their claims when they met investigators and were subject to criminal penalties if they lied.When Mark Finchem, a prominent election denier who unsuccessfully ran for secretary of state last year, met investigators, he did not have much to show, “specifically stating he did not have any evidence of fraud and that he did not wish to take up our time”. He offered four ballots that had not been opened nor counted, the Post said.Sonny Borrelli, another GOP lawmaker, only provided the name of one voter he believed to be deceased. The voter turned out to be alive.The Department of Transportation has sent out a statement, from “a spokesperson”, about why Pete Buttigieg has announced his own visit to East Palestine, Ohio, site of the toxic Norfolk Southern rail spill, tomorrow.It’s basically an outline of the how and why of the federal response, which crosses jurisdictions and departments, in answer to Republican attacks on Buttigieg (and Joe Biden) for not visiting the disaster site sooner.The statement says: “As the secretary said, he would go when it is appropriate and wouldn’t detract from the emergency response efforts. The secretary is going now that the Environmental Protection Agency has said it is moving out of the emergency response phase and transitioning to the long-term remediation phase.“His visit also coincides with the National Transportation Safety Board issuing its factual findings of the investigation into the cause of the derailment and will allow the secretary to hear from [department] investigators who were on the ground within hours of the derailment to support the NTSB’s investigation.”The statement says the EPA is leading federal efforts to hold Norfolk Southern accountable “and make the company clean up its mess”, because “that is how it works in response to a chemical spill”.The statement also takes a veiled shot at Republicans, including Donald Trump, due in East Palestine today, for weakening federal safety regulations applicable to companies like Norfolk Southern and businesses like transporting dangerous chemicals.“The [department] will continue to do its part by helping get to the bottom of what caused the derailment and implementing rail safety measures, and we hope this sudden bipartisan support for rail safety will result in meaningful changes in Congress.”Donald Trump is expected in East Palestine, Ohio later today, where he’ll undoubtedly take every opportunity to criticize the Biden administration’s response to the derailment and toxic waste spill in the community earlier this month. Two can play at that game, however, and Democrats have seized on his trip to remind voters of his administration’s friendliness to the rail industry, and argue it set the stage for the derailment. We may hear more about that tomorrow, when transportation secretary Pete Buttigieg pays his own visit to the community.Here’s what else has happened so far today:
    Democrats got some good news in their quest to hold the Senate after next year, when Montana’s Jon Tester announced he’d stand for re-election. However, West Virginia’s Joe Manchin remains non-committal on another term.
    House Republicans want to learn everything they can about American support to Ukraine.
    Joe Biden is taking a page out of Trump’s book with new restrictions meant to dramatically crack down on asylum seekers arriving at the border with Mexico. More

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    ‘A big freaking deal’: the grand jury that investigated Trump election pressure

    ‘A big freaking deal’: the grand jury that investigated Trump election pressureForeperson Emily Kohrs gives insight into process usually cloaked in secrecy, after portions of grand jury report released last weekAsked if the grand jury she led recommended indicting Donald Trump over his election subversion in Georgia, the foreperson of the jury said: “You’re not going to be shocked. It’s not rocket science.”Ron DeSantis gives Donald Trump kid-glove treatment in new bookRead moreShe also said sitting on the jury was “a big freaking deal”.Emily Kohrs, 30, spoke to the New York Times and outlets including the Associated Press and NBC News on Tuesday. She was authorised to speak but not to discuss details of the grand jury report, most of which remains secret after a judge disclosed portions last week.Those portions showed jurors saw possible evidence of perjury by “one or more witnesses”. Trump did not testify. His personal attorney, Rudy Giuliani, who advanced Trump’s lie about voter fraud in his 2020 defeat by Joe Biden, was among those who did.The grand jury was requested by Fani Willis, the Fulton county district attorney. Speaking to the AP, Kohrs described how, last May, jurors were led into a garage beneath an Atlanta courthouse, where officers with guns waited. Ushered into vans with heavily tinted windows, jurors were driven to their cars under police escort.“That was the first indication that this was a big freaking deal,” Kohrs said.Kohrs found herself at the center of one of the most significant legal proceedings in US history. She would become foreperson of the panel investigating whether the then president and associates illegally meddled in Georgia election results.The case is one of Trump’s most glaring legal vulnerabilities as he mounts a third presidential run, in part because he was recorded asking officials to “find 11,780 votes” and overturn Biden’s win.Jurors heard from 75 witnesses, from prominent Trump allies to local election workers. A judge, Robert McBurney, advised jurors on what they could and could not share publicly. Kohrs provided insight into a process typically cloaked in secrecy.She told the Times Giuliani, who was mayor of New York at the time of the 9/11 attacks, when she was 11, was “almost like a myth figure in my head”, leaving her “intimidated” in his presence.She told NBC the list of recommended indictments was “not short”, involving more than a dozen people, and that Trump “might” be among them.She told the Times the report would not offer “some giant plot twist. You probably have a fair idea of what may be in there. I’m trying very hard to say that delicately”.Her remarks met with criticism in some quarters.Elie Honig, a federal prosecutor turned CNN analyst, said: “This is a very serious prospect. Indicting any person, you’re talking about potentially taking away that person’s liberty. We’re talking about potentially [indicting] a former president for the first time … she does not seem to be taking that very seriously.”Trump’s lawyers might seek to dismiss any indictment based on grand jury impropriety, Honig said.Trump was the first Republican to lose Georgia since George HW Bush lost to Bill Clinton in 1992. Attempts to overturn Trump’s defeat included the famous call to Brad Raffensperger, the secretary of state, in which he asked his fellow Republican to “find 11,780 votes, which is one more than we have” to get to win.Kohrs told the Times the jury “definitely started with the first phone call, the call to Secretary Raffensperger that was so publicised”.She told the AP Raffensperger was “a really geeky kind of funny”. She said the South Carolina senator Lindsey Graham, who fought not to testify, joked with jurors while Brian Kemp, the Republican governor of Georgia, seemed unhappy to be there.Looking to other parts of Trump’s attempt to overturn his defeat, she said the jury “definitely talked about the alternate electors a fair amount” and “talked a lot about December and things that happened in the Georgia legislature”.What does the release of Georgia’s grand jury report mean for Trump?Read moreKohrs told the AP she was fascinated by an explainer by a former Dominion Voting Systems executive. She said the jury studied the “concept of vote fraud in Georgia”, finding “unanimously that there was no evidence of vote fraud in Fulton county in the 2020 election”, which they “wanted to make sure we put in” the final report, “because somehow that’s still a question”.Trump and his supporters still claim the 2020 election was stolen.Kohrs sketched witnesses. When jurors’ notes were taken for shredding, she managed to salvage two sketches, of Graham and Marc Short, who was chief of staff to former vice-president Mike Pence, because there were no notes on those pages.Kohrs said she enjoyed learning about the White House from Cassidy Hutchinson, who was much more forthcoming than the former chief of staff Mark Meadows.Several witnesses have immunity deals. Trump’s attorneys have said he was not asked to testify. Kohrs said the jury didn’t think he would offer meaningful testimony.“Trump was not a battle we picked to fight,” she said.Kohrs told the AP she didn’t vote in 2020 and at the time did not know the specifics of Trump’s allegations of widespread election fraud or efforts to reverse his loss. She said she did not identify with any political party, and did not feel political pressure.“I fully stand by our report as our decision and our conclusion,” she said.
    Associated Press contributed reporting
    TopicsUS elections 2020Donald TrumpUS politicsGeorgianewsReuse this content More

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    How Dominion Voting Systems filing proves Fox News was ‘deliberately lying’

    AnalysisHow Dominion Voting Systems filing proves Fox News was ‘deliberately lying’Charles Kaiser in New York Document makes clear senior Fox News figures knew after 2020 election voter fraud claims were false – and it’s likely a landmark caseThe Harvard law professor Laurence Tribe said Dominion Voting Systems’ brief requesting summary judgment against Fox News for defamation – and $1.6bn – is “likely to succeed and likely to be a landmark” in the history of freedom of speech and freedom of the press.Fox News hosts thought Trump’s election fraud claims were ‘total BS’, court filings showRead more“I have never seen a defamation case with such overwhelming proof that the defendant admitted in writing that it was making up fake information in order to increase its viewership and its revenues,” Tribe told the Guardian. “Fox and its producers and performers were lying as part of their business model.”The case concerns Fox News’s repetition of Donald Trump’s lie that his 2020 defeat by Joe Biden was the result of electoral fraud, including claims about Dominion voting machines.Tribe said the filing “establishes that Fox was not only reckless” but also that producers, owners and personalities were “deliberately lying and knew they were lying about the nature of Dominion’s machines and the supposed way they could be manipulated”.Filed last week, the 192-page document makes it clear that senior figures at Fox News from Rupert Murdoch down knew immediately after the election that claims of voter fraud, in particular those aimed at Dominion, were false.Tucker Carlson called the charges “ludicrous” and “off the rails”. Sean Hannity texted about “F’ing lunatics”. A senior network vice-president called one of the stories “MIND BLOWINGLY NUTS”.But none of this knowledge prevented hosts from repeating lies about everything from imaginary algorithms shaving votes from Dominion machines to non-existent ties between the company and Venezuela.Tribe was one of several first amendment experts to call the filing nearly unprecedented.“This is the most remarkable discovery filing I’ve ever read in a commercial litigation,” said Scott Horton, a Columbia Law School lecturer, Harper’s Magazine contributing editor and litigator with clients including CBS and the Associated Press.“A summary judgment motion by a plaintiff in this kind of case is almost unheard of. These suits usually fail because you can’t prove the company you’re suing knew they were spreading falsehoods. That you would have evidence they knew it was a lie is almost unheard of … in this case the sheer volume of all the email and text messages is staggering.”Horton said Dominion’s case gets “huge benefit” from the way Fox employees “express themselves with a huge measure of hyperbole about absolutely everything”.Tribe agreed: “This is one of the first defamation cases in which it is possible to rule for the plaintiff on summary judgment. This is not a request to go to trial. There is no genuinely disputed fact. The defendants were deliberately lying in a manner that was per se libelous and they clearly knew it.”When the Dominion filing was first reported, Fox News said it “mischaracterized the record, cherry-picked quotes stripped of key context and spilled considerable ink on facts that are irrelevant under black-letter principles of defamation law”.Lawyers for Fox News claim everything their anchors said was protected by the first amendment.Other lawyers are skeptical.“You may have a first amendment right to report on what the president said but you have no right to validate a statement that you know to be false,” said Steven Shapiro, former legal director of the American Civil Liberties Union and counsel or co-counsel on more than 200 supreme court briefs.David Korzenik is a leading libel lawyer whose clients include the Guardian. He said the Dominion case shows it “possible to prove actual malice. If particular people are shown to have believed something to be false, or to have been highly aware of its probable falsehood, and at the same time they made statements endorsing it on air, they are in play.“You’re allowed to be biased … you’re allowed to try to make money. And people should be able to disagree with each other in a newsroom. But if Fox anchors say they don’t believe X and then turn around and endorse X on air after expressing manifest disbelief in it, they have a real problem.“The actual malice standard is very high and it’s supposed to be … it’s a burden that can be overcome in limited but appropriate circumstances.”The biggest irony revealed by the Dominion filing is that Carlson and colleagues quickly decided the greatest threat to their network was one of the only times it reported an accurate scoop: that Arizona had gone for Biden, at 11.20pm on election night.Four days later, another Murdoch property, the New York Post, asked Trump to stop the stolen election claim. Rupert Murdoch thanked the Fox News chief executive, Suzanne Scott, for making sure the editorial got wide distribution, according to the Dominion filing.But later that day, as Fox executives realized they were losing viewers, the tide began to shift.“Getting creamed by CNN!” Murdoch messaged Scott.In a message to his producer, Carlson sounded terrified: “Do the executives understand how much credibility and trust we’ve lost with our audience? We’re playing with fire, for real an alternative like Newsmax could be devastating to us.”And so on 8 November Maria Bartiromo featured the Trump adviser Sidney Powell and said: “I know that there were voting irregularities. Tell me about that.”That alternate reality would be repeated for months. Perhaps most devastating of all is Dominion’s account of what happened on 12 November, after the reporter Jaqui Heinrich “correctly factchecked [a Trump] tweet, pointing out that top election infrastructure officials said that there is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”Carlson was incensed. He messaged Hannity: “Please get her fired. Seriously what the fuck? Actually shocked. It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down.”Hannity complained to Scott, who said Heinrich had “serious nerve doing this and if this gets picked up, viewers are going to be further disgusted”.By the next morning, Heinrich had deleted her tweet.TopicsFox NewsUS elections 2020Donald TrumpUS politicsUS televisionUS television industryTV newsanalysisReuse this content More

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    Larry Hogan: splitting anti-Trump vote ‘pretty good reason’ not to run in 2024

    Larry Hogan: splitting anti-Trump vote ‘pretty good reason’ not to run in 2024Ex-Maryland governor tells Meet the Press: ‘I care about making sure we have a future for the Republican party’ The danger of splitting anti-Trump Republicans and helping the former president win the nomination again “would be a pretty good reason to consider not running” for the White House in 2024, the former Maryland governor Larry Hogan said. Bernie Sanders: Nikki Haley’s demand for mental tests is ageist and ‘absurd’Read more“I don’t care that much about my future in the Republican party,” Hogan told NBC’s Meet the Press on Sunday. “I care about making sure we have a future for the Republican party.“And if we can stop Donald Trump and elect a great Republican common-sense conservative leader, that certainly would be a factor.”A relative moderate in a GOP marched far right, Hogan has long been thought likely to run. He told NBC he would decide whether to do so, as “a small government common-sense conservative”, in a “relatively short period of time”, most likely this spring.Trump and the former South Carolina governor Nikki Haley are the only two declared candidates so far. Polling has shown Haley splitting a non-Trump vote dominated by Ron DeSantis, the governor of Florida, and thereby handing Trump the win.Trump did not win a majority of voters in 2016, when he first captured the nomination. Hogan barely registers in polling regarding 2024.On NBC, Hogan was asked about culture war issues, chiefly around education and LGBTQ+ issues, on which DeSantis has based much of his appeal to voters.Hogan said: “I was a Republican governor in the bluest state in America and got things done, working across the aisle with Democrats. So I can tell you, it’s not what everyone’s talking about.“But I think some people are making the calculation that base primary voters in the Trump lane, that’s what they want to hear about. And so a lot of candidates are focusing on that. You can’t dismiss it, but I don’t think it should be the only thing we’re talking about.”Haley said this week DeSantis’s so-called “don’t say gay” law, restricting how gender and sexual orientation are taught in elementary schools, did not go “far enough”.She has refused to comment about other Republican candidates, Trump in particular, claiming only to be interested in attacking Joe Biden.Hogan was asked about Republican attempts to have candidates commit to supporting the eventual nominee.Election denier Kristina Karamo chosen to lead Michigan Republican partyRead more“I think it’s kind of silly because it’s not going to happen,” he said. “We already know President Trump has said numerous times he refuses to” do so.“If they say you’re not going to be on the debate stage if you won’t commit to support the nominee, then President Trump won’t be on the debate stage. And I don’t think anybody believes that’s going to happen.”Looking to Michigan, an electoral battleground where on Saturday a supporter of Trump’s election fraud lie became head of the state party, Hogan said: “There’s a lot of misinformation out there. And I am concerned about some of the parties.“And people are taking over that are believing conspiracy theories. And I think we’ve got to get back to a bigger-tent party that can appeal to more people, otherwise we’re going to keep losing elections.”In 2020, while still in office, Hogan publicly refused to support Trump. He did not vote for Biden, however, writing in “Ronald Reagan” instead.On Sunday, Hogan said he wanted “to support the nominee of the party, whoever that is. However, I’ve said before I didn’t support Trump, I wouldn’t support Trump. I put the country ahead of party and not somebody [who] should not be the president.”TopicsRepublicansUS politicsDonald TrumpUS elections 2024newsReuse this content More

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    Trump claims he will ‘never call’ Ron DeSantis ‘Meatball Ron’

    Trump claims he will ‘never call’ Ron DeSantis ‘Meatball Ron’Ex-president tests new nickname for Florida governor, chief rival in 2024 polls, by saying he would not use it Donald Trump road-tested a new nickname for his chief rival for the Republican presidential nomination by claiming he would not use it, saying he would “never call” Ron DeSantis, the governor of Florida, “Meatball Ron”.How Florida’s Republican supermajority handed Ron DeSantis unfettered powerRead moreNo less an authority than the New York Times has reported that Trump has been floating the nickname for the only Republican who challenges him in polling regarding the forming field for 2024.Trump is one of two declared candidates so far. Nikki Haley, the former governor of South Carolina and UN ambassador, announced her campaign this week. DeSantis is expected to run.In his surge to the White House in 2016, Trump made hay by coining nicknames for Republican opponents he relentlessly belittled at rallies and in debates.In a late-night post to his Truth Social platform on Saturday, the former president used an extant nickname when he wrote: “I will never call Ron DeSanctimonious ‘Meatball’ Ron, as the Fake News is insisting I will.”Trump linked DeSantis to two Republican establishment figures, “lightweight” Paul Ryan, the former House speaker and Trump critic, and “Low Energy” Jeb Bush, the former Florida governor who Trump beat easily in 2016.Trump also took a crack at DeSantis’s initial response to the Covid pandemic in 2020, a strict slate of measures the governor is now trying to place in the rearview mirror, as he courts a Republican base hostile to vaccine mandates and other public health rules.“His loyalty skills are really weak,” Trump wrote. “It would be totally inappropriate to use the word ‘meatball’ as a moniker for Ron!”Earlier this month, Maggie Haberman and Michael Bender of the Times, two of the best connected reporters on Trump, reported on the former president’s preparations for an expected DeSantis challenge.According to Bender and Haberman, Trump recently “insulted Mr DeSantis in casual conversations, describing him as ‘Meatball Ron’, an apparent dig at his appearance, or ‘Shutdown Ron’, a reference to restrictions the governor put in place at the beginning of the coronavirus pandemic”.They also said Trump advisers were “amassing data about Mr DeSantis’s actions in response to the pandemic, in part to try to depict him as a phony”.DeSantis has largely avoided responding to Trump’s attacks. In an interview published on Saturday by the New York Post, he remembered “bad words” being used in nicknames in his high-school baseball days but said no one called him DeSanctimonious then.“No,” he said. “There weren’t enough letters to be able to do that. I don’t know if anyone even can spell that.”Elsewhere this week, Stephen Colbert, host of the Late Show on CBS, gleefully picked up on the Times “Meatball Ron” report.“Ooooh, I do not like how much I love that,” Colbert said in a monologue this week, calling the “Meatball Ron” nickname “so dumb and accurate”.Trump, Colbert said, was “never gonna do better than the crystallized genius that is ‘Meatball Ron’”.The host proceeded to sing “Meatball Ron” to the tune of Uptown Girl by Billy Joel, a song peppered with references to culture war policies including DeSantis’s “don’t say gay” law about teaching sexuality and gender in elementary schools and his focus on critical race theory, or CRT, as a way to fire up Republican voters.“Meatball Ron/ He’s a walking talking beef baton / And he tells you that you can’t say gay / And that Covid will just go away / That’s not OK.“Meatball Ron / Marinara is his big turn on / Very scared of CRT / Loves to roll around in spaghetti / With extra cheese.”TopicsDonald TrumpRon DeSantisUS elections 2024US politicsRepublicansnewsReuse this content More

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    Gerontocracy: the exceptionally old political class that governs the US

    Gerontocracy: the exceptionally old political class that governs the USJoe Biden and members of Congress are increasingly long in the tooth – and more and more out of step with a much younger US public It is the year of the octogenarian. American TV viewers can find Patrick Stewart, 82, boldly going in a new series of Star Trek: Picard and 80-year-old Harrison Ford starring in two shows plus a trailer for the fifth installment of Indiana Jones.And a switch to the news is likely to serve up Joe Biden, at 80 the oldest president in US history, or Mitch McConnell, the Republican leader in the Senate, who turns 81 on Monday. But while action heroes are evergreen, the political class is facing demands for generational change.California senator Dianne Feinstein, 89, announces she will not seek re-electionRead more“America is not past our prime – it’s just that our politicians are past theirs,” Nikki Haley, 51, told a crowd of several hundred people in Charleston, South Carolina, as she launched her candidacy for president in 2024.It was a shot across the bow of not only Biden but former US president Donald Trump, who leads most opinion polls for the Republican nomination but is 76 years old. Haley, notably, mentioned Trump’s name only once and avoided criticisms of him or his administration, in which she served as UN ambassador.Instead, the former South Carolina governor called for a “new generation” of leaders and said she would support a “mandatory mental competency test for politicians over 75 years old”. It was a clue that in a party long shaped in Trump’s image, where ideological differences are likely to be slight, his senior status could offer primary election rivals a line of attack.Lanhee Chen, a fellow at the Hoover Institution thinktank at Stanford University in Palo Alto, California, said: “She said what a lot of people are thinking, or are maybe afraid to say, and for that she deserves a lot of credit. The basic foundation of her argument, which is that we need to turn the page and find a new generation of leadership, is 100% right.”Gerontocracy crept up on Washington slowly but inexorably. Biden, elected to the Senate in 1972, has been a public figure for half a century and, if re-elected as president, would be 86 at the end of his second term. At a recent commemorative event at the White House he hosted Bill Clinton, who was president three decades ago – but is four years his junior.The octogenarian McConnell is the longest-serving leader in the history of the Senate and has offered no hint of retirement. Chuck Schumer, Democratic majority leader in the same chamber, is 72. Senator Bernie Sanders, standard bearer of the left in the past two Democratic primaries, is 81.But there are finally signs of erosion in the grey wall. Last month Patrick Leahy, 82, a Democrat from Vermont, stepped down after 48 years in the Senate. Last week Senator Dianne Feinstein of California announced her retirement at 89 after months of difficult debate about her mental fitness.Most profoundly, last month saw Democrats’ top three leaders in the House – Nancy Pelosi, 82, Steny Hoyer, 83, and 82-year-old Jim Clyburn – make way for a new generation in Hakeem Jeffries, 52, Katherine Clark, 59, and 43-year-old Peter Aguilar, as well as the arrival of Maxwell Frost, now 26, hailed as the first Gen Z congressman.Presidential candidates on both sides of the aisle may now seek to harness this hunger for change in the contest for the world’s most stressful job in 2024. A CNBC All-America Economic Survey in December found that 70% of Americans do not want Biden to run for re-election, giving his age as the principal reason.Chen, who ran unsuccessfully as a Republican candidate for California state controller last year, commented: “He has exhibited some of the manifestations of somebody who probably has seen better days and that’s hard to hide on the campaign trail. There’s a big difference between running for president at 70 or 75 – and what was possible in the 2020 election when Covid was still raging and a lot of the interactions were different – than running in 2024. I do think his age is going to be an issue.”Biden typically brushes off such talk with the simple refrain: “Watch me.” The president underwent a routine medical checkup this week and Dr Kevin O’Connor, his personal physician since 2009, concluded that Biden “remains a healthy, vigorous 80-year-old male, who is fit to successfully execute the duties of the presidency”.Karine Jean-Pierre, 48, the White House press secretary, said: “If you watch him, you’ll see that he has a grueling schedule that he keeps up with, that sometimes some of us are not able to keep up with.”Noting Biden’s string of legislative achievements, she added: “It is surprising that we get this question when you look at this record of this president and what he has been able to do and deliver for the American people.”After a strong performance in the midterm elections, a serious challenge to Biden from within the Democratic party still looks unlikely. Defenders say the obsession with his age merely illustrates his lack of other vulnerabilities after two years in which he has done much to win over moderates and progressives.Tara Setmayer, a former Republican communications director on Capitol Hill, asked: “Did anybody watch the State of the Union? Joe Biden is fully capable of executing his job as president of the United States. He’s in better shape in some people half of his age. So they need to start focusing on the positives because repetition creates reality: perception is reality in politics.“It’s a distraction and it undercuts the successes that Joe Biden actually has as president of the United States. There is much more concern over Donald Trump’s mental acuity and physical presence than Joe Biden. Joe Biden can run circles around Donald Trump.”A White House doctor once memorably proclaimed that Trump has “incredible genes” and could have lived to 200 years old if only he had been on a better diet. But on the Republican side he could face challenges not only from Haley but Florida governor Ron DeSantis, 44, former secretary of state Mike Pompeo, 59, former vice-president Mike Pence, 63, and 57-year-old Senator Tim Scott.Each has previously endorsed Trump’s “Make America great again” mantra and may now struggle to disavow it. No-holds-barred attacks on Trump himself risk alienating his fervent base. But as Haley showed this week, the promise of generational change might serve as a coded rebuke in party that is no stranger to dog whistles.Drexel Heard, 36, who was the youngest executive director of the biggest Democratic party in the country (Los Angeles county), said: “Hypocrisy is a weird thing in American politics. It’s going to be interesting to see if Nikki Haley only talks about Joe Biden’s age and doesn’t talk about Donald Trump’s age and how the media calls her out on that. She’s going to say things like: ‘Well, you know, I’m just saying that we need generational change.’ She’s never going to call Donald Trump out.”Trump will not be the first Republican candidate to face questions over his age. At a debate in 1984, the moderator reminded Ronald Reagan that he was already the oldest president in history at that time. Reagan, 73, replied: “I want you to know that also I will not make age an issue of this campaign. I am not going to exploit, for political purposes, my opponent’s youth and inexperience.” Even his Democratic opponent, Walter Mondale, laughed at the line. Reagan won re-election in a landslide.Trump, for his part, will have an opportunity to silence Republican doubters at his raucous campaign rallies. Bill Galston, a former policy adviser to Clinton, said: “If he can’t do that, if he seems older and less energetic, then I can imagine the generational appeal sticking. But if his juices start flowing and he is able to do what he did seven years ago, then the generational appeal will be likely to fall somewhat flat.”Galston, a senior fellow at the Brookings Institution thinktank in Washington, and a 77-year-old grandfather, added that it is not the “consensus view” among Republicans than Trump is too old to move back into the White House. “There’s a lot more support inside the Democratic party for the proposition that Biden is too old than there is inside the Republican party for the parallel proposition that Trump is too old,” he said.Of all the Congresses since 1789, the current one has the second oldest Senate (average age 63.9) and third oldest House of Representatives (average age 57.5). Critics say the backup of talent puts it out of step with the American public, whose average age is 38. One example is around the tech sector and social media as members of Congress have often struggled to keep pace with rapid change and its implications for society.Larry Sabato, director of the Center for Politics at the University of Virginia, said: “I’m 70, so I have great sympathy for these people: 80 is looking a lot younger than it used to, as far as I’m concerned. But no, it’s ridiculous. We’ve got to get back to electing people in their 50s and early 60s.”“That’s the right time for president. You have a good chance of remaining reasonably healthy for eight years if you get a second term. Everybody knows that makes more sense but here we are. What can you say? This was the option we were given in 2020 and we’re going to get essentially the same one in 2024.”TopicsUS newsUS politicsAgeingUS CongressUS SenateHouse of RepresentativesJoe BidenfeaturesReuse this content More