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      Trump’s political fate may have been decided – by a Georgia grand jury

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      Trump’s political fate may have been decided – by a Georgia grand juryPanel that considered whether ex-president committed crimes in trying to overturn 2020 election defeat could recommend prosecution Even as Donald Trump prepares to dial up his campaign to take back the White House, the former US president’s political and personal fate may already have been decided by the secret workings of a grand jury in Georgia.The 23-member panel, convened to consider whether Trump and others committed crimes in trying to overturn his defeat in Georgia when it appeared the state might decide the outcome of the entire 2020 presidential election, was dissolved on Monday after submitting its conclusions and asking that they be made public.Two years on from the Capitol riot: the toxic legacy of Trump’s big lieRead moreIf the grand jury’s report recommends prosecution, a county district attorney in Atlanta, Fani Willis, will face the most consequential decision of her career – whether, for the first time in American history, to charge a former president with a criminal offence.That could result in Trump sitting behind bars in Georgia when he expects to be out on the campaign trail. Provided he is not already serving time as the result of a federal investigation into his attempts to pressure election officials in several other states to rig the vote and his part in the 6 January 2021 storming of the Capitol.A judge has scheduled a hearing later this month to consider arguments over whether the grand jury’s report should be made public while Willis, the Fulton county district attorney, scrutinises its findings.In November, the day before Trump announced he was again running for the White House, the Brookings Institution in Washington published a report that concluded he is “at substantial risk of prosecution” in Georgia including for improperly influencing government officials, forgery and criminal solicitation. The report said Trump may even be vulnerable to charges under anti-racketeering laws written to combat the mafia.Norman Eisen, the lead author of the Brookings report and former White House special counsel for ethics and government reform, said he thinks charges against Trump are “highly likely”.“The evidence is powerful and the law is very favourable to the prosecutors in Georgia,” he said. “I believe the [special grand jury] report very likely calls for the prosecution of Trump and his co-conspirators.”Eisen said that the federal case is not as far along but that the congressional committee investigating the events of January 6 laid out a “powerful case” for charges against Trump.He said that the prosecution of a former president would be “momentous”.“But, of course, so was Trump’s decision to lead an attempted coup. That was momentous in a very negative way. This is momentous as a defence of the rule of law and American democracy,” said Eisen.Georgia prosecutors have warned at least 18 other people that they are targets of the investigation and could be charged, including Trump’s close ally and lawyer, the former New York City mayor Rudolph Giuliani who has, among other things, been accused of spreading conspiracy theories in testimony to the Georgia legislature.Willis launched her investigation into “a multistate, coordinated plan by the Trump campaign to influence the results” just weeks after the former president left office. The investigation initially focused on a tape recording of Trump pressuring Georgia’s secretary of state, Brad Raffensperger, to conjure nearly 12,000 votes out of thin air in order to overturn Joe Biden’s win.Willis expanded the investigation as more evidence emerged of Trump and his allies attempting to manipulate the results, including the appointment of a sham slate of 16 electors to replace the state’s legitimate members of the electoral college. The fake electors included the chair of the Georgia Republican party, David Shafer, and Republican members of the state legislature who have been warned that they are at risk of prosecution.The Fulton county district attorney has told state officials that her office is investigating an array of crimes against Trump and others, including criminal solicitation to commit election fraud, intentional interference with the performance of election duties, conspiracy and racketeering. Convictions potentially carry significant prison sentences.Fulton superior court approved the appointment of the special grand jury last year at Willis’s request. She reflected on the consequence of investigating a former president as the jurors began their work.“I don’t want you to think I’m naive or I don’t get the gravity of the situation,” Willis told the Atlanta Journal-Constitution. “I get the gravity of it … But it’s just like every other case. You just have to do your due diligence.”Special grand juries are rare in Georgia. Unlike the regular kind, they cannot indict. But they can sit for much longer and have wider powers to subpoena. Willis recognised that if she was to build a case against such a divisive political figure as Trump, and convince a jury in a criminal trial, the evidence would have to be rock solid, and that would take time and depth.Willis used the grand jury’s powers to good effect. She called a parade of witness, including many of Trump’s closest allies and lawyers. Some fought their subpoenas including Senator Lindsey Graham who went all the way to the US supreme court in a failed attempt to avoid giving evidence.The star witness was Raffensperger, a Republican who voted for Trump and oversaw his state’s elections. When the numbers stacked up against the president in Georgia, Trump knew where to turn.Raffensperger spoke to the special grand jury for several hours in June. Georgia’s secretary of state has not commented publicly about his testimony but in his book, Integrity Counts, Raffensperger recounts receiving a call from Trump as he sat in his kitchen with his wife, Tricia, on 2 January 2021. He put the president on speakerphone.Raffensperger had an idea what to expect. Trump had already “tweeted insults and threats at me and Georgia governor Brian Kemp”. For an hour, the president tried to persuade Raffensperger to overturn the vote.“So, we’ve spent a lot of time on this and if we could just go over some of the numbers, I think it’s pretty clear that we won. We won very substantially in Georgia,” Trump said on the call.Raffensperger said he was tempted to interrupt and disagree but did not out of respect.Trump went on: “I just want to find 11,780 votes … because we won the state.”Raffensperger told the president he “could not do that because the data did not support it”.Trump tried to claim that the vote had been rigged by alleging that ballot boxes were stuffed and other irregularities. Then the president said: “All of this stuff is very dangerous stuff when you talk about no criminality. I think it’s very dangerous for you to say that.”Raffensperger saw that for what it was.“I felt then – and still believe today – that this was a threat,” he wrote. “Others obviously thought so, too, because some of Trump’s more radical followers have responded as if it was their duty to carry out this threat.”Raffensperger said he and his wife were subject to death threats.Willis had more than the witness’s word for it. Raffensperger recorded the call, providing powerful and indisputable evidence.The Fulton county district attorney brought a parade of other witnesses before the grand jury including the then White House chief of staff, Mark Meadows, and Graham, who placed calls to Raffensperger to suggest he should throw out some absentee ballots.Giuliani is likely to have been asked about false testimony he gave to Georgia legislators the month after the presidential election, including claims that voting machines were rigged and that thousands of teenagers below the voting age had cast ballots. A New York court suspended his licence to practice law last year over his “demonstrably false and misleading statements regarding the Georgia presidential election results”.Willis has also gathered evidence about attempts to pressure a Fulton county poll worker and her daughter to wrongly say they committed election fraud by ballot stuffing, the sudden resignation of a US attorney in Atlanta under pressure from Trump officials to more aggressively investigate alleged election fraud, and of an IT services company hired by one of Trump’s lawyers that illegally copied confidential voter data from voting machines.Those who have worked with Willis say she is unlikely to shy from prosecuting Trump if she deems it appropriate. She is known to be a fan of anti-racketeering laws, having used them to prosecute public school teachers who were part of a cheating scandal.If Willis decides to press ahead with the case, she will need to convene a regular grand jury which has the authority to hand down indictments.Trump has dismissed the threat to his freedom with his usual bluster. He described his conversation with Raffensperger as “perfect” and the hearings as a “witch-hunt”. He has called Willis’s investigation a “political prosecution” and “racist”, presumably because she is Black.TopicsDonald TrumpGeorgiaUS politicsUS elections 2020featuresReuse this content More

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      Democrats plan defense as Republicans ramp up investigations into president and Hunter Biden – as it happened

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      Republicans on the House judiciary committee have announced their own investigation of the classified documents found at Joe Biden’s home and former office, sending a letter to the attorney general, Merrick Garland, demanding details of the inquiry.“We are conducting oversight of the Justice Department’s actions with respect to former Vice President Biden’s mishandling of classified documents, including the apparently unauthorized possession of classified material at a Washington, D.C. private office and in the garage of his Wilmington, Delaware residence. On January 12, 2023, you appointed Robert Hur as Special Counsel to investigate these matters. The circumstances of this appointment raise fundamental oversight questions that the Committee routinely examines. We expect your complete cooperation with our inquiry,” the committee’s chair Jim Jordan along with congressman Mike Johnson said in a letter.The letter notes that the documents were first discovered just before the midterm elections in November, and accuses the justice department of departing “from how it acted in similar circumstances,” notable the inquiry into government secrets found at Donald Trump’s Mar-a-Lago resort. The committee members demand Garland turn over an array of documents related to the Biden investigation by 27 January.The investigation is the second to be announced by the House GOP since reports of the documents’ discovery first emerged this week. The other is being pursued by James Comer of the oversight committee, who is playing a major role in the Republicans’ campaign of investigations against the White House.Donald Trump’s organization was fined $1.6m by a judge after being convicted of tax fraud charges, but the Manhattan district attorney hinted that’s not the end of his investigation into the former president’s businesses. Meanwhile in Washington, House Republicans demanded more information about the classified documents found at Joe Biden’s home and former office, while the top Senate Democrat said special counsel Robert Hur should be allowed to look into the matter without interference.Here’s what happened today:
      Biden doesn’t trust his Secret Service detail, according to a new book about his presidency.
      Treasury secretary Janet Yellen warned the US government will soon hit its debt limit, and could run out of money by June.
      Special counsel Jack Smith wants to talk to two people hired by Trump’s attorneys to look for any secret materials in his possession.
      Congress will convene for the annual State of the Union address on 7 February.
      Who is George Santos really? Two Daily Beast reporters try to get to the bottom of the fabulist congressman’s saga in an interview with the Guardian’s Politics Weekly America podcast.
      Last week, the much-talked-about George Santos of New York was sworn into the House. The Democrats and even some Republicans think he should have resigned after he admitted to lying about a lot of things during his campaign.So who is the real George Santos? How likely is it that he’ll see out his full term in office? And does his success tell us more about the state of US politics than it does an individual’s misgivings? Jonathan Freedland and Will Bredderman of the Daily Beast discuss the man behind the lies on the Guardian’s Politics Weekly America podcast:Politics Weekly AmericaCan George Santos outrun his lies? Politics Weekly AmericaSorry your browser does not support audio – but you can download here and listen https://audio.guim.co.uk/2020/05/05-61553-gnl.fw.200505.jf.ch7DW.mp300:00:0000:29:31Attorney general Merrick Garland has asked Robert Hur to handle the investigation into Biden’s classified documents, putting a justice department veteran whose most recent government service was as a Donald Trump-appointed US attorney in a role that could upend his presidency.Semafor reports that Democrats remember his work as US attorney for Maryland fondly. “He handled himself with real professionalism when he was U.S. attorney in Maryland,” the state’s Democratic senator Ben Cardin said, while Jamie Raskin, a House Democrat from the state and noted Trump foe, said Hur had a “good reputation.”Rod Rosenstein, who was deputy attorney general under Trump, said Hur was his “point person” for dealing with one of the men the former president liked least: Robert Mueller, the special counsel who led the investigation into Russia’s meddling in the 2016 election.The House armed services committee is also requesting details about the classified documents found in Joe Biden’s possession.The committee’s Republican chair Mike Rogers earlier this week wrote to two defense officials requesting details on what the documents contained, and how they had been handled.You can read the letter below:Read the full letter here ⬇️https://t.co/Y98CJppa8M pic.twitter.com/7Yz5uCZqdV— Armed Services GOP (@HASCRepublicans) January 12, 2023
      Needless to say, this is turning into a headache for Democrats in Congress.The party has been on a roll lately, doing much better in the November midterms than expected and then being gifted with Republican disarray in the House and a surprisingly quiet presidential campaign from Donald Trump.Now, they’re back to playing defense after Joe Biden was found to be doing something similar to what has gotten Trump into so much trouble: possessing classified documents. There are substantial differences to the two cases, but party leaders nonetheless are being called upon to answer for their president.“It’s much too early to tell,” Senate majority leader Chuck Schumer today replied on CNN, when asked if he believes Biden broke the law. “I think president Biden has handled this correctly. He’s fully cooperated with the prosecutors … it’s total contrast to president Trump, who stonewalled for a whole year.”With special prosecutors looking into both men’s cases, Schumer called for patience. “We should let it play out, we don’t have to push them in any direction or try to influence them,” he said. “Let the special prosecutors do their job,” Schumer said, adding that he supports the appointment of Robert Hur to that role in the Biden case.You can watch the full interview here:Republicans on the House judiciary committee have announced their own investigation of the classified documents found at Joe Biden’s home and former office, sending a letter to the attorney general, Merrick Garland, demanding details of the inquiry.“We are conducting oversight of the Justice Department’s actions with respect to former Vice President Biden’s mishandling of classified documents, including the apparently unauthorized possession of classified material at a Washington, D.C. private office and in the garage of his Wilmington, Delaware residence. On January 12, 2023, you appointed Robert Hur as Special Counsel to investigate these matters. The circumstances of this appointment raise fundamental oversight questions that the Committee routinely examines. We expect your complete cooperation with our inquiry,” the committee’s chair Jim Jordan along with congressman Mike Johnson said in a letter.The letter notes that the documents were first discovered just before the midterm elections in November, and accuses the justice department of departing “from how it acted in similar circumstances,” notable the inquiry into government secrets found at Donald Trump’s Mar-a-Lago resort. The committee members demand Garland turn over an array of documents related to the Biden investigation by 27 January.The investigation is the second to be announced by the House GOP since reports of the documents’ discovery first emerged this week. The other is being pursued by James Comer of the oversight committee, who is playing a major role in the Republicans’ campaign of investigations against the White House.Joe Biden will make the annual State of the Union speech on 7 February, after the president accepted a formal invitation from House speaker Kevin McCarthy:It is my solemn obligation to invite the president to speak before a Joint Session of Congress on February 7th so that he may fulfill his duty under the Constitution to report on the state of the union. pic.twitter.com/YBmzLxs3Iz— Kevin McCarthy (@SpeakerMcCarthy) January 13, 2023
      In a statement confirming his attendance, White House press secretary Karine Jean-Pierre struck a bipartisan tone. “The President is grateful for and accepts Speaker McCarthy’s prompt invitation to address the peoples’ representatives in Congress,” she said. “He looks forward to speaking with Republicans, Democrats, and the country about how we can work together to continue building an economy that works from the bottom up and the middle out, keep boosting our competitiveness in the world, keep the American people safe, and bring the country together.”Looping back to Donald Trump’s legal troubles, here’s a little more about the situation in New York and beyond.The Trump Organization’s sentencing doesn’t end Trump’s battle with Manhattan district attorney Alvin Bragg, who said the sentencing “closes this important chapter of our ongoing investigation into the former president and his businesses. We now move on to the next chapter,” the Associated Press writes.Bragg, in office for little more than a year, inherited the Trump Organization case and the investigation into the former president from his predecessor, Cyrus Vance Jr.At the same time, New York attorney general Letitia James is suing Trump and the Trump Organization, alleging they misled banks and others about the value of its many assets, including golf courses and skyscrapers – a practice she dubbed the “art of the steal” – a parody of Trump’s long-ago bestselling ghostwritten book about getting rich The Art of the Deal.James, a Democrat, is asking a court to ban Trump and his three eldest children from running any New York-based company and is seeking to fine them at least $250 million. A judge has set an October trial date and appointed a monitor for the company while the case is pending.Trump faces several other legal challenges as he ramps up his presidential campaign.A special grand jury in Atlanta has investigated whether Trump and his allies committed any crimes while trying to overturn his 2020 election loss in Georgia.Last month, the House January 6 committee voted to make a criminal referral to the Justice Department for Trump’s role in sparking the violent insurrection at the US Capitol. The FBI is also investigating Trump’s storage of classified documents.During last year’s Trump Org trial, assistant district attorney Joshua Steinglass told jurors that Trump himself had a role in the fraud scheme, showing them a lease that the Republican signed himself for now-convicted finance chief Allen Weisselberg’s perk apartment that was kept off the tax books.“Mr Trump is explicitly sanctioning tax fraud,” Steinglass argued.Joe Biden this weekend will become the first sitting US president to speak at a Sunday service at Ebenezer Baptist church in Atlanta, Georgia, where civil rights leader Martin Luther King Jr was a pastor.Biden is expected to address the ongoing struggle to protect voting rights in the US, despite his failure a year ago to persuade Congress to pass key related legislation, to the exasperation of activists and organizers, especially in Georgia and the south.At the White House press briefing ongoing now, former Atlanta mayor Keisha Lance Bottoms, now senior adviser for public engagement at the White House, talked of the importance of the president’s visit this Sunday, ahead of Martin Luther King Day, the federal holiday that marks the birthday of the assassinated icon.She said that there was “more work to do” to protect democracy and acknowledged that the Biden administration’s two pieces of voting rights legislation have not made it through Congress.She noted that Biden has been invited to the church by Georgia’s recently re-elected Democratic senator Raphael Warnock, who is a pastor at the Ebenezer Baptist church. The church was also regularly attended by the late congressman and lifelong civil rights activist John Lewis.Biden will meet members of King’s family and leaders of the civil rights movement in Atlanta during his visit on Sunday and Monday.Lance Bottoms joined White House press secretary Karine Jean-Pierre, who pointed out that she and the former mayor are examples of “Black women who have broken barriers” on the shoulders of the civil rights movement.Donald Trump’s organization was fined $1.6m by a judge after being convicted of tax fraud charges, but the Manhattan district attorney hinted that’s not the end of his investigation into the former president’s businesses. Meanwhile in Washington, the Treasury secretary warned the US government will hit its legal borrowing limit on Thursday and could default in the summer, unless Congress acts to increase it. Republicans controlling the House have said they won’t cooperate unless government spending is cut, ensuring this is going to turn into a big fight at some point.Here’s what else has happened today so far:
      Joe Biden doesn’t trust his Secret Service detail, according to a new book about his presidency.
      The top House Republican government watchdog is trying to link his investigation into Hunter Biden’s business dealings with the inquiry into classified documents found at the president’s properties.
      Special counsel Jack Smith wants to talk to two people hired by Trump’s attorneys to look for any secret materials in his possession.
      The US government will hit the legal limit on how much debt it can carry on 19 January, but it should have enough money to operate until at least early June, Treasury secretary Janet Yellen said Friday.“I am writing to inform you that beginning on Thursday, January 19, 2023, the outstanding debt of the United States is projected to reach the statutory limit. Once the limit is reached, Treasury will need to start taking certain extraordinary measures to prevent the United States from defaulting on its obligations,” the secretary wrote in a letter to Republican House speaker Kevin McCarthy.“While Treasury is not currently able to provide an estimate of how long extraordinary measures will enable us to continue to pay the government’s obligations, it is unlikely that cash and extraordinary measures will be exhausted before early June.”Republicans in the House have signaled they won’t agree to increase the debt ceiling unless the Biden administration and its Democratic allies in Congress agree to reduce spending, though it remains unclear what areas of the budget the GOP wants to cut. Raising the borrowing limit is one of the few pieces of leverage House Republicans have over the Democrats, but the strategy is not without risks. A failure to increase the ceiling could lead to the United States defaulting on its debt for the first time in its history, likely with serious consequences for the economy.The Republican-controlled House Oversight Committee is attempting to make two alleged scandals into one: the investigation of classified materials found at Joe Biden’s properties, and their inquiry into his son Hunter Biden’s business activities.The committee’s chair James Comer has sent the White House a new demand for information about whether Hunter had access to the garage at Joe Biden’s Delaware residence where it was revealed yesterday some classified material was found:🚨 @RepJamesComer presses the White House about classified docs stashed at Biden’s Wilmington home.We have docs revealing this address appeared on Hunter’s driver’s license as recently as 2018, the same time he was cutting deals with foreign adversaries.Time for answers. pic.twitter.com/663qG3REm4— Oversight Committee (@GOPoversight) January 13, 2023
      Even before Biden took office, Republicans have been trying to find evidence of corruption in Hunter Biden’s business dealings, and of his father’s involvement. They have had mixed results in doing that, but this week’s revelations that classified materials were found at Biden’s residence and an office he once used in Washington DC have given them new material to attack his administration. Yesterday, the justice department appointed a special counsel to look into the matter.The trial of members of the Proud Boys militia group over their involvement in the January 6 insurrection is continuing in Washington DC, today with testimony from a Capitol police officer.Thomas Loyd’s testimony contains fresh reminders of the violence that day, as Politico reports:Radio transmissions show Capiotl Police leaders pleading with officers to get off the inaugural stage scaffolding, worried it was going to collapse. “If they’re going to lock the capitol down, we can’t be up here when they breach,” someone yells.— Kyle Cheney (@kyledcheney) January 13, 2023
      “They’re coming and we can’t stop them from breaching,” someone else says on the radio, as police were overwhelmed near the lower west terrace. There were repeated concerns about lack of “hard gear” for officers to defend themselves.— Kyle Cheney (@kyledcheney) January 13, 2023
      Joe Biden doesn’t trust his Secret Service detail, fearing that some of them remain loyal to Donald Trump, Vox reports, citing a new book about his presidency.“The Fight of His Life” by Chris Whipple chronicles the past two years of Biden’s presidency from a positive perspective, according to Vox, and in particular shows the degree to which he loathes his predecessor. Biden, for instance, believes the White House’s Resolute desk was “tainted” by Trump’s use and unsuccessfully asked to swap it out for one used by Democratic icon Franklin D Roosevelt.When it comes to the Secret Service, he minds what he says around them, believing that agents harbor sympathies for the former president. He also thinks they lied about an incident where his dog Major bit an agent. Reached by Vox, the White House wouldn’t comment directly on the book’s content. More

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      Trump to ramp up efforts to secure 2024 Republican nomination after slow start

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      Trump to ramp up efforts to secure 2024 Republican nomination after slow startEvents aim at giving ex-president a narrative reset after being criticized for his ‘low energy’ and inactivity, sources say Donald Trump is scheduled to venture out of his Mar-a-Lago resort and conduct a swing of presidential campaign events later this month, ramping up efforts to secure the Republican nomination after facing hefty criticism around the slow start to his 2024 White House bid, according to sources familiar with the matter.The former US president is expected to travel to a number of early voting states for the Republican nomination – the specific states have not been finalized – around the final weekend of January, the sources said, where he is slated to announce his state level teams.The move comes after a slow start to the campaign and an announcement speech at Mar-a-Lago that has been widely panned as “low energy” and inactive in terms of events, further knocking Trump’s political image after key Senate candidates he endorsed in November’s midterms faced embarrassing defeats.That has apparently given enough confidence for a host of Republicans to prepare their own White House runs and though Trump says he believes a wide field will be beneficial, he seems set to face possible candidates including Florida governor Ron DeSantis and ex-cabinet officials like Nikki Haley.Trump’s quick blitz of travel on his private plane is aimed at giving him something of a narrative reset, the sources said, as well as conveying a sense of swagger and the insurgency feel of his 2016 presidential campaign that he has told advisers in recent weeks he is determined to recapture.The campaign has otherwise planned for Trump to gradually increase the number of political events this year, while it first spends time building out the wider political operation with the aim of starting to peak in activity at the start of election year.The idea, the sources said, is to do the less glamorous but operationally necessary groundwork now, when Trump remains the only declared candidate for the presidency, to build as large of a head start as possible for when DeSantis or others formally enter the 2024 fray.In the weeks since Trump announced his candidacy at Mar-a-Lago last November, the campaign appears to have spent the majority of its time building its fund-raising operation based off small-donor lists that his political action committees have amassed since 2016.Trump has historically had among the best lists in politics and the team has started to transfer the rich data of names, email address, phone numbers and contributions histories over to the campaign.The snag has been that the lists are technically owned by his Pacs, and the campaign has needed to find workarounds to access the data; for instance, Trump has raised money through another Pac that shares proceeds between an entity like Trump’s Save America Pac and the 2024 campaign.The campaign has also focused on expanding the pool of potential donors, one source familiar with the matter said. In recent weeks, it has stepped up efforts to identify moderate Republican voters who have supported Trump politically but have not made contributions for possible ad targeting.Trump has endorsed this strategy of completing the groundwork while he remains the only declared candidate for 2024, people close to the campaign said, and has largely shrugged off his initial anger at having the launch derided as “low energy” after a disappointing midterms for the GOP.Still, Trump has remained attuned to criticism that the campaign had a slow start and appears to have taken steps to make the leadership team for his latest bid for the White House similar to the 2016 team, which featured a group of core aides and advisers.The campaign is being helmed by Susie Wiles, the top political adviser to Trump for the past two years who helped him win Florida in his previous two presidential bids, and Chris LaCivita, a veteran strategist and former political director for the National Republican Senatorial Committee.Both Wiles and LaCivita are considered seasoned political operatives who know how to run successful campaigns but Wiles in particular is expected to be an asset for 2024 as Florida governor Ron DeSantis considers a presidential run, given she previously worked as a top adviser for DeSantis.The group of top aides also includes former White House political director Brian Jack, former Trump 2016 campaign rapid response director Steven Cheung serving as the senior adviser for communications, Justin Caporale who helped create some of the most memorable Trump rallies in the past, and Trump’s in-house counsel Boris Epshteyn.But even as Trump assembles what Republican operatives consider the gold standard for a presidential campaign team, whether he heeds their advice over the long term remains an issue.The former president invariably turns to informal advisers on all topics and over the objections of his professional team, particularly when he finds people who might be willing to affirm his own ideas and impulses, or find him convenient exits to otherwise uncomfortable realities.To be sure, part of the reason for Trump’s early 2024 campaign announcement was his own eagerness to begin a new campaign. But it was also a result of advice that declaring his candidacy might make the justice department less inclined to pursue criminal investigations or indictments against him.That theory did not pan out, and the 2024 campaign launch led the Attorney General Merrick Garland to appoint a special counsel whose prosecutors have in fact been even more aggressive and escalatory than before Trump announced his third bid for the White House, the Guardian has previously reported.The legal blowback underscores how Trump at times has demonstrated a remarkable ability for self-sabotage, such as when he was waived off taking a meeting with the disgraced rapper Kanye West but did it anyway, and ended up also having dinner with white supremacist Nick Fuentes.Advisers have also wrestled with Trump’s impulses for airing grievances about the 2020 election, even when the topic was shown to be a loser in the midterm elections. But even at his campaign launch, Trump could not help himself, and discussed it at length in his speech.TopicsDonald TrumpUS elections 2024US politicsRepublicansnewsReuse this content More

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      Classified documents: how do the Trump and Biden cases differ?

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      ExplainerClassified documents: how do the Trump and Biden cases differ?The president and his predecessor have each retained secret papers but what do we know and what happens next? The discovery of documents from the Biden-Obama administration in at least two locations linked to Joe Biden has been greeted with dismay by Democrats and glee by Republicans, given the extensive legal troubles that Donald Trump faces for taking classified papers to his Florida resort.More classified documents found in garage at Biden’s Delaware homeRead moreRepublicans believe the incident shows that Biden has committed the same transgression as the former president, and argue that the FBI raid on Mar-a-Lago and subsequent investigation were politically motivated point-scoring.But Democrats insist the two incidents are different legally, while acknowledging that they present a political problem for Biden that allows Republicans to go on the offensive.So what is the real situation? Here are the key points to know:What actually has happened?The FBI search at Mar-a-Lago last summer discovered more than 11,000 documents and photos from the Trump administration. They reportedly included highly classified intelligence material as well as more mundane papers. Subsequently more documents were also found.With Biden, the papers are much smaller in number and hail from his time as vice-president to Barack Obama. The first batch was found at a Washington thinktank linked to Biden, and more documents, including some marked classified, were found by lawyers in a garage and storage room during a search of Biden’s home in Wilmington, Delaware.Legally, how serious is this for Trump and Biden?Both situations are being investigated by the US Department of Justice, which will look into the behavior and possible motivations for taking the documents.Trump appears to have willfully obstructed efforts to recover them, leading to the FBI raid, and the decision by the attorney general, Merrick Garland, to launch a criminal inquiry and appoint a special counsel to weigh charges on the issue as part of a broader brief looking at investigations into Trump.With Biden, his team said they cooperated fully and immediately returned the documents to the National Archives as soon as they were discovered. Garland has asked John Lausch, a Trump appointee as US attorney for the northern district of Illinois, to conduct a review, but has initially resisted Republican calls for a criminal investigation or special counsel.What’s in the documents?In neither case is that entirely clear, although the Trump documents are reported to have included an unidentified foreign power’s nuclear secrets and other military capabilities.The Biden documents also reportedly contained classified papers commingled with non-classified materials, with the subjects and content yet unknown.Notably, however, the Trump papers included some dated after his presidency, suggesting he had them while no longer authorized. All of Biden’s seem to be dated while he was in office as vice-president.What’s the political fallout?The Mar-a-Lago raid had mixed impact for Trump. Many Republicans despaired at having to defend the former president, while others backed his claims that he was being unfairly targeted.The Trump team will attempt to exploit Biden’s misfortunes as he pursues his 2024 run to recapture the presidency, while the new Republican majority in the House can, if it wishes, launch its own investigation into the Biden documents.For Democrats, the discovery of the documents is an unexpected and unwanted political headache. It dilutes their outrage at Trump’s possession of classified papers and hands Republicans an easy talking point on what had previously been a thorny issue.What are the Trump and Biden camps saying?The White House issued a statement on Thursday from Richard Sauber, special counsel to the president, conceding “a small number” of documents with classified markings were found among personal and political papers at Biden’s Wilmington home, but didn’t say when. It stressed the president’s lawyers were “fully cooperating with the National Archives and Department of Justice”.Trump, in a predictable response on his Truth Social network, demanded to know when the FBI would “raid the many homes of Joe Biden, perhaps even the White House”.TopicsDonald TrumpJoe BidenUS politicsexplainersReuse this content More

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      Exclusive: more than 70 US and Brazilian lawmakers condemn Trump-Bolsonaro alliance

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      Exclusive: more than 70 US and Brazilian lawmakers condemn Trump-Bolsonaro allianceCongresswoman Ilhan Omar leads joint statement focused on Sunday’s riots in Brasília and January 6 insurrection

      Brazil’s failed coup is the poison flower of the Trump-Bolsonaro symbiosis
      More than 70 progressive US and Brazilian lawmakers have condemned the collaboration between the Bolsonaro family and Trumpists in the US aimed at overturning elections in both countries, and called for those involved to be held to account.“As lawmakers in Brazil and the United States, we stand united against the efforts by authoritarian, anti-democratic far right actors to overturn legitimate election results and overthrow our democracies,” said the joint statement, led by Democratic congresswoman Ilhan Omar.The statement, released on Wednesday evening, cited both Sunday’s attack by supporters of former president Jair Bolsonaro on government institutions in Brasília, and the very similar 6 January 2021 insurrection in Washington by Donald Trump supporters.“It is no secret that ultra-right agitators in Brazil and the United States are coordinating efforts,” the legislators, including 36 US Democrats and 35 Brazilian progressives, said.Security tightened in Brazil amid fears of new attacks by Bolsonaro supportersRead moreThey pointed out that after the 30 October Brazilian elections, won by President Luiz Inácio Lula da Silva, the defeated president’s son and Brazilian congressman, Eduardo Bolsonaro, flew to Florida and met Trump and his former aides, Jason Miller and Steve Bannon, who “encouraged Bolsonaro to contest the election results in Brazil”.“Soon after the meetings, Bolsonaro’s party sought to invalidate thousands of votes,” the statement said. “All involved must be held accountable.”The lawmakers also drew attention to the fact that Bannon has been convicted for failing to comply with a subpoena to appear before congressional hearings or provide relevant documents on his role in the January 6 insurrection two years ago.03:49Jair Bolsonaro flew to Florida on 30 December, the day before his presidency came to an end. The Biden administration has not directly commented on his immigration status, but it pointed out that an A-1 visa, reserved for foreign leaders, would expire 30 days after the holder ceased to hold high office, implying that if Bolsonaro entered the country on such a visa, he would have to leave by the end of this month. The administration has also said it would treat any Brazilian government request for extradition “seriously”.Bolsonaro’s former justice minister Anderson Torres, who was the official responsible for security in Brasília, flew to Orlando, Florida, where the former Brazilian president is staying, on the weekend of the insurrection, instead of making any preparations to defend government buildings from the protests. Torres has been fired, his house has been searched and a warrant has been issued for his arrest. He said he was ready to return to Brazil to present himself to the authorities.An inquiry is under way in Brazil to determine the extent and sophistication of the planning behind Sunday’s riots, and whether they were a part of a coordinated coup attempt.“Democracies rely on the peaceful transfer of power,” the lawmakers’ statement said. “Just as far-right extremists are coordinating their efforts to undermine democracy, we must stand united in our efforts to protect it.”TopicsJair BolsonaroUS politicsBrazilDonald TrumpIlhan OmarUS CongressnewsReuse this content More

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      In the case of the classified documents, it’s more serious for Trump than Biden

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      AnalysisIn the case of the classified documents, it’s more serious for Trump than BidenHugo Lowell in WashingtonThe former president’s retention of papers at Mar-a-Lago appears to satisfy more criteria for prosecution than the find at Biden’s institute Donald Trump’s retention of documents marked classified at his Mar-a-Lago resort has aggravating factors that might support his criminal prosecution unlike the discovery of some documents also marked classified stored at Joe Biden’s former institute from his time as vice-president, legal experts said.The US justice department has clear criteria for prosecuting people who intentionally mishandle highly sensitive government documents, and the facts of the Trump documents case appear to satisfy more elements than in the Biden documents case.Broadly, the Department of Justice has typically pursued prosecutions when cases have involved a combination of four factors: wilful mishandling of classified information, vast quantities of classified information to support an inference of misconduct, disloyalty to the United States and obstruction.The criminal investigation into Trump touches on at least two of those elements – obstruction, where a person conceals documents with an intent to impede a government agency, and the volume of classified materials at Mar-a-Lago – unlike the Biden case, which appears to touch on none.The obstruction applies particularly to Trump because of his repeated refusal to fully surrender classified documents, including when he only partially complied with a grand jury subpoena issued in May demanding any classified materials, that led to the FBI search of Mar-a-Lago last August.And Trump for months also resisted conducting a search for any classified documents that the justice department suspected were still in his possession even after the FBI seized hundreds of classified materials, only for that second search to turn up at least two more classified documents.By contrast, the classified documents found last year at the University of Pennsylvania’s Biden Center for Diplomacy in Washington, where he was an honorary professor until 2019, were returned to the National Archives as soon as they were discovered when the office was being closed down.The Trump documents case also significantly differs from the Biden documents case over the sheer quantity and scattered nature of classified materials that were potentially exposed in such a way as to support an inference of intentional misconduct, the legal experts noted.Trump had kept hundreds of classified documents across his office and a storage room at Mar-a-Lago, as well as a separate storage unit in Palm Beach, Florida, compared with 10 classified documents found at the UPenn Biden Center in downtown Washington.Taken together, the aggravating factors of Trump’s partial compliance with the grand jury subpoena – that led the justice department to believe Trump was actively concealing documents – and the number of classified materials at Mar-a-Lago make his case more perilous, the legal experts said.“These cases typically are charged criminally only when an aggravating factor is present,” former US attorney Barb McQuade said of classified documents investigations. “The key difference with Trump is that two of the four are well met, and that is willful violation and obstruction of justice.“The two factors that are present for Trump do not appear to be present in the Biden case, and so for that reason, I would say that these cases are very different,” McQuade said, adding that if she was the US attorney reviewing the Biden case, she would decline to prosecute the current president.The two cases do share a notable similarity: both the Trump classified documents and the Biden classified documents were found commingled with other, non-classified materials, which can be an indicator of when a defendant would have been aware of their presence.For Trump, the commingled non-classified materials were dated after the end of his presidency, suggesting he had access to the classified documents when he was no longer authorized. For Biden, the commingled materials were dated no more recently than 2016, when he was still the vice-president.TopicsDonald TrumpJoe BidenMar-a-LagoUS politicsanalysisReuse this content More

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      Lawyers who enabled Trump in election plot face heightened risk of charges

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      Lawyers who enabled Trump in election plot face heightened risk of charges House panel refers John Eastman, Jeff Clark, Rudy Giuliani and Kenneth Chesebro to DoJ for offering Trump bogus legal coverFour lawyers who gave Donald Trump erroneous legal advice that aided his drive to overturn the 2020 US election now face heightened prospects of criminal charges after a House panel released an exhaustive report on the January 6 insurrection, and referred the lawyers for possible prosecution to the justice department, say ex-federal prosecutors.Brazil’s failed coup is the poison flower of the Trump-Bolsonaro symbiosisRead moreJohn Eastman, Jeff Clark, Rudy Giuliani and Kenneth Chesebro played overlapping roles, offering Trump bogus legal cover that included promoting a fake electors ploy to replace electors Joe Biden won with ones for Trump, in an effort to block Congress from certifying Biden on 6 January.The lawyers’ actions and schemes were cited in an 845-page report last month by the House select committee investing the events of 6 January, and in the referrals to the justice department, for giving various types of legal support to Trump that enabled parts of his attempted coup.The report accused Trump of criminally engaging in “a multi-part conspiracy”, and cited four criminal offenses: making false statements, obstruction of an official proceeding, conspiracy to defraud the United States, and aiding or comforting insurrection, all of which were referred to the DoJ for prosecution.The specific referrals to the DoJ differ somewhat for the four lawyers. All of them were referred for conspiring to defraud the United States. Except for Giuliani, the other three were referred for conspiring to obstruct an official proceeding, a reference to Congress certifying Biden’s win on 6 January.Several legal schemes devised by the lawyers to further Trump’s botched coup were detailed in the referrals and in the panel’s exhaustive report. For instance, Eastman, a law professor in California, authored a “coup memo” that suggested avenues the former vice-president Mike Pence could take to help Trump reverse his election loss, including unilaterally throwing out certain state electoral college votes.Along with Giuliani, Eastman also addressed the “Stop the Steal” rally immediately before the Capitol attack, where he floated a baseless conspiracy theory about “secret folders” in voting machines that helped cast votes for Democrats.The panel’s report and referrals noted, too, that Clark, who was acting head of the DoJ’s civil division, “stands out as a participant in the conspiracy” to defraud the United States. The report cited evidence that Clark drafted a letter with false information urging some state officials to name new slates of electors, as part of a plan that involved Trump installing Clark as acting attorney general at the DoJ.Last summer, Clark and Eastman had their cellphones seized by federal agents, in an early indication of the serious scrutiny prosecutors were affording them.Giuliani, who served as Trump’s personal attorney and pushed his false claims about widespread election fraud, was subpoenaed by the US attorney in DC in November to testify and provide documents about his payments from Trump and his campaign, according to a Reuters report this week.Although the House panel’s referrals to the DoJ are only recommendations and do not require filing charges against the lawyers, former prosecutors said the extensive evidence that they conspired with Trump to stop Biden from taking office could help spur DoJ legal action against them.“The corrupt involvement of lawyers in various aspects of the January 6 insurrection is surely one of the low points in the history of the legal profession in America,” said former DoJ inspector general Michael Bromwich.“From filing bogus lawsuits, to trying to hijack the justice department, to devising the fake electors scheme – lawyers were at the center of the illegitimate attempts to keep Donald Trump in power. Any lawyer who cares about the reputation of the profession should be disgusted at their behavior, and hope they will be held accountable by the very legal system they abused.”Other former prosecutors offered scathing views about Trump’s legal loyalists.“While professional status often shields lawyers from criminal liability, I would expect prosecutors to use it as a sword here: this crew knew congressional procedures and concocted an attack on the weak spots, drawing in many others who knew far less,” said Daniel Richman, a former federal prosecutor who is now a professor at Columbia law school.“While there may be prudential reasons not to make Trump a criminal defendant, those don’t argue against charging this group with a conspiracy to defraud the United States. The broad title of that offense doesn’t often capture the conduct of defendants charged with it, but it certainly does here, And a full factual presentation of this conspiracy might also reveal Trump’s own role.”Similarly, Michael Zeldin, an ex-DoJ prosecutor, said: “The Jan 6 committee’s referrals to the DoJ regarding the role Trump-aligned attorneys played in the run-up to the assault on the Capitol laid out a compelling case.”“[The] DoJ now has to test that evidence against a standard of guilt beyond a reasonable doubt to determine whether indictments are warranted,” he added.Eastman and the other lawyers accused in the House panel’s referrals to DoJ have all denied improper conduct. But well before the panel’s referrals and report, evidence was mounting about the sizable roles Eastman and the other lawyers played in promoting Trump’s conspiracy to block Biden from taking office.Federal judge David Carter last March in a key ruling involving Eastman, stated that Trump “more likely than not” broke the law in his weeks-long drive to stop Biden from taking office.“Dr Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history,” Carter wrote in a civil case that led to an order for Eastman to release over 100 emails he had withheld from the House panel.The panel last year also heard stunning testimony from Greg Jacob, Mike Pence’s counsel. Jacob testified that Eastman acknowledged to him that he was aware that his efforts to get Pence to reject Biden’s winning electoral college count would violate the Electoral Count Act, and that Trump, too, was informed it would be unlawful for Pence to block Biden’s certification.Clark’s role in trying to help Trump promote false claims of election fraud also prompted strong condemnation at a House panel hearing last year. Former acting deputy attorney general Richard Donoghue was scathing in recounting Trump’s efforts to replace the acting attorney general, Jeffrey Rosen, with Clark in late December 2020, to increase pressure on state legislators to reject Biden electors by pushing baseless charges of widespread fraud.Donoghue testified that he warned Trump at a bizarre 3 January White House meeting that drew Rosen, Trump White House counsel Pat Cipollone and other top lawyers. Elevating Clark to be acting AG would spark mass resignations, and Clark would be “left leading a graveyard”, at the DoJ, Donoghue saidCipollone, who testified before a federal grand jury last fall, also threatened to resign if Trump replaced Rosen with Clark.Former Georgia US attorney Michael Moore said he believes the panel assembled a “substantial” case against some of Trump’s leading lawyer loyalists, who “were actually involved in an unprecedented and unlawful effort to overturn the election, providing fallacious legal arguments as part of the conspiracy”.“A lawyer who tells his client how to crack open the vault is just as guilty as the robber who enters the bank,” Moore added.Still, Richman cautioned that DoJ prosecutors face challenges before charging any of the lawyers.“I suspect prosecutors would want to more clearly nail down the degree to which these lawyers were truly aware that their theories lacked the slightest factual support or legal basis. It helps, but may not be enough, that many around them were saying that.”Regardless of whether or not the DoJ charges some of the lawyers, they all should suffer professionally for scheming with Trump, Bromwich stressed.“Although it’s not yet clear which of the lawyers can be proven guilty beyond a reasonable doubt in criminal prosecutions, they all should become outcasts in their chosen profession, and at a minimum never practice law again.”TopicsUS Capitol attackJanuary 6 hearingsUS politicsRudy GiulianiDonald TrumpnewsReuse this content More

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      Headlocked: inside the 13 January Guardian Weekly

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      Headlocked: inside the 13 January Guardian WeeklyWhat’s the matter with the US Republican party? Plus: Britain’s battle royal
      Get the magazine delivered to your home address Two years after the Capitol riot, the toxic legacy of Donald Trump’s big election lie has been fully evident this week, not just in the US but also in Brazil.In Washington, the new Republican majority in the House of Representatives took 15 attempts just to fulfil its primary duty of appointing a speaker. Kevin McCarthy eventually squeaked through by four votes, after quelling a days-long revolt from a bloc of far-right conservatives. But, with a wafer-thin majority, and few powers, Nancy Pelosi’s successor looks set to be one of the weakest speakers in history.For our big story, Washington bureau chief David Smith examines the chaos within Republican ranks and what it means for the party. It’s a theme picked up for this week’s cover by illustrator Justin Metz, who took the traditionally harmless-looking motif of the Republican elephant and turned it into something altogether more confrontational.In Brazil, meanwhile, supporters of the former president Jair Bolsonaro stormed congress buildings in scenes eerily reminiscent of Washington on 6 January 2021. Latin America correspondent Tom Phillips reports on a dark day for Brazilian democracy, while Richard Lapper considers the potential fallout for the new president, Luiz Inácio Lula da Silva, and a deeply fractured nation.There’s a feast of great writing elsewhere in this week’s magazine. British food writer Jack Monroe, who taught us how to eat well on a shoestring, opens up to Simon Hattenstone about her struggles with addiction.And Chris Stringer, who has received a CBE for his work on human evolution, tells how his remarkable quest as a young researcher transformed understanding of our species.Get the magazine delivered to your home addressTopicsRepublicansInside Guardian WeeklyUS CongressUS politicsKevin McCarthyDonald TrumpBrazilReuse this content More