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    DoJ seeking to hold Trump team in contempt of court over classified documents

    DoJ seeking to hold Trump team in contempt of court over classified documentsTrump office did not comply with subpoena issued in May demanding the return of all classified documents, a source says The US justice department is seeking a top federal judge to hold Donald Trump’s political office in contempt of court for not fully complying with a grand jury subpoena issued in May demanding the return of all classified documents in its possession, according to a source familiar with the matter.The department in recent weeks asked the chief US district court judge for the District of Columbia, Beryl Howell, to hold Trump’s office in contempt after prosecutors were unable to get the former president’s lawyers to designate a custodian of records to certify all records were returned.Howell has not ruled on the matter, which remains under seal. But the move, earlier reported by the Washington Post, significantly raises the stakes for Trump as he stares down a criminal investigation into unauthorized retention of national security information and obstruction of justice.The issue is to do with the Trump legal team’s reluctance to designate a custodian of records to certify that Trump is no longer in possession of any documents marked classified and thus in compliance with the subpoena that demanded the return of all such government records, the source said.If the Trump legal team could not find someone to certify under oath that all documents bearing classified markings had been returned, the department is said to have communicated, it would seek a judicial sanction.The contempt action is understood to be focused on Trump’s office because the subpoena, issued on 11 May, sought the return of all documents and writings “in the custody of Donald J Trump and/or the Office of Donald J Trump” bearing classification markings.In response to the subpoena, the Trump lawyer Evan Corcoran conducted a search of the former president’s Mar-a-Lago resort in Florida and identified a number of pertinent documents, and got another Trump lawyer Christina Bobb to sign a caveated certification certifying all records were returned.The certification letter, though, was heavily caveated and Bobb insisted on changes to the letter drafted by Corcoran so that it ultimately read she was making the attestation “based on the information provided to me” and “to the best of my knowledge”, the Guardian previously reported.In the weeks after the FBI seized 103 documents marked classified when officials searched Mar-a-Lago on 8 August, the justice department told Trump’s lawyers that they believed Trump was still in possession of additional documents, and sought a second assurance that no documents were left.The department never got a second attestation and recently moved to have Trump’s office held in contempt, catching by surprise Trump’s legal team which had decided to take a more cooperative approach with federal prosecutors after initially trying an aggressive approach, the source said.That appears to have deeply frustrated the government, which told Trump’s lawyers that if they refused to designate a custodian of records to sign a sworn statement attesting that all documents marked classified had been returned, it would formally seek to hold them in contempt.Should Howell hold Trump’s office in contempt – a closed-door hearing is scheduled at the US district court for the District of Columbia for Friday – it would likely be subject to some form of sanction until the former president’s office is deemed to be in compliance with the May subpoena.“Contempt is used as a coercive tactic,” said Barbara McQuade, former US attorney and University of Michigan Law School professor. “When it’s an entity, it’s often a monetary fine.”The impending court battle between the justice department and Trump’s lawyers comes after it emerged that a search of a storage unit in Florida holding boxes of material belonging to Trump turned up two more documents marked classified, in addition to the 103 found at Mar-a-Lago by the FBI.It was not clear whether the department initiated the contempt proceeding before or after the two additional documents were found. The Trump legal team is understood to have turned over the two new documents as soon as they were discovered, the source said.TopicsDonald TrumpUS politicsFBIMar-a-LagonewsReuse this content More

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    Trump lawyers find two more classified documents at Florida storage unit

    Trump lawyers find two more classified documents at Florida storage unitDiscovery appears to confirm DoJ’s suspicions that former president possessed additional government records, sources say Donald Trump’s lawyers found at least two more documents bearing classification markings inside boxes at a storage unit in Florida when they searched through items that were brought from the White House at the end of his administration, one source familiar with the matter said on Tuesday.The new discovery could exacerbate the former president’s legal exposure after the FBI seized 103 documents marked classified at his Mar-a-Lago resort in August as part of the justice department’s criminal investigation into the possible unauthorized retention of national security information and obstruction of justice.The presence of documents marked classified in a second location beyond Mar-a-Lago, earlier reported by the Washington Post, appears to confirm the justice department’s suspicions, communicated to Trump’s lawyers in October, that Trump possessed additional government records.Trump’s lawyers found the documents after the former president retained an outside firm to search four locations after a federal judge ordered his legal team to conduct a more thorough search to make sure all documents marked classified had been returned to the government.The outside firm ended up searching a number of Trump’s properties, according to another source, including Trump Tower in New York, Trump Bedminster golf club in New Jersey, the Mar-a-Lago resort and the external storage unit in West Palm Beach, Florida, which has been understood to have been controlled by a federal agency.According to emails released by the General Services Administration, a government agency that assists in presidential transitions, Trump used a storage facility in West Palm Beach to hold some materials that were packed up from the White House and had been temporarily held in Virginia.That storage facility was used to hold at least three pallets of boxes that had been packed up by Trump White House staffers and the GSA initially transported to an office space in Virginia before sending them to Florida in September 2021, the emails show.The contents of the boxes in the pallets do not appear to have ever been catalogued, the second source said. It was not clear whether the storage facility referenced in the emails was the same storage unit where the new documents were found – but it was the place from where Trump’s lawyers sent two dozen boxes to the National Archives earlier this year.The justice department declined to comment. A Trump spokesman did not immediately respond to a request for comment.Trump’s lawyers were ordered in recent weeks to conduct a more thorough search of items in the former president’s possession by Beryl Howell, the chief US district court judge for the District of Columbia, in a sealed order issued as part of a closed-door court battle.The order capped a weeks-long process that started after the justice department expressed concern that Trump still had additional documents marked classified in his possession, potentially at other properties, after the FBI seized thousands of materials at Mar-a-Lago on 8 August.Trump was served with a grand jury subpoena in May demanding the return of all government records – bearing classification markings or otherwise – in the possession of the “45 Office”, to which his lawyers responded by turning over a double-taped folder containing responsive documents.The double-taped folder contained documents found by Trump attorney Evan Corcoran in a basement storage room at Mar-a-Lago, the second source told the Guardian, and got another Trump attorney Christina Bobb to sign a caveated attestation certifying compliance with the subpoena.But in the following months, the justice department developed evidence that other sensitive materials remained at Mar-a-Lago, and the FBI retrieved 103 documents marked classified in Trump’s office and in the basement storage room, according to the unsealed search warrant affidavit.The justice department then developed suspicions that Trump potentially was in possession of still more government records he should no longer have access to, and eventually asked Howell to intervene and order a second search of Trump’s belongings, the second source said.Former Florida solicitor general Christopher Kise, who had by then been added to Trump’s legal team, had suggested retaining an outside firm to conduct another search even before the court order, though that idea was initially rejected by some of the more bullish Trump lawyers on the team.But when the court order necessitated a more thorough search, Trump engaged the outside firm. The FBI is understood to have been invited to observe the search of at least one of the properties, but declined the offer, as is typical for searches not done by law enforcement, the source said.TopicsDonald TrumpFloridaFBIUS politicsnewsReuse this content More

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    More classified documents reportedly found on Trump property – as it happened

    Attorneys for Donald Trump discovered two classified items among materials retrieved from a Florida storage unit rented for the former president, the Washington Post reports.Trump hired an outside firm to search his properties for any classified items, in order to comply with a federal grand jury subpoena issued in May. The former president is under investigation for unlawfully retaining secret material after leaving the White House last year, which led to the FBI’s search of his Mar-a-Lago property in August.Besides the storage unit in West Palm Beach, Florida housing materials that had been moved from a northern Virginia office after his presidency, the outside firm also searched Trump-owned golf course in New Jersey and Trump Tower in New York.Here’s more from the Post’s report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The ultimate significance of the classified material in the storage unit is not immediately clear, but its presence there indicates Mar-a-Lago was not the only place where Trump kept classified material. It also provides further evidence that Trump and his team did not fully comply with a May grand jury subpoena that sought all documents marked classified still in possession of the post-presidential office.
    In addition to the storage unit, the team hired an outside firm to carry out the search of his golf club in Bedminster, N.J., and, more recently, Trump Tower in New York, according to people familiar with the matter. The outside team also searched at least one other property.
    The team also offered the FBI the opportunity to observe the search, but the offer was declined, the people said. It would be unusual for federal agents to monitor a search of someone’s property conducted by anyone other than another law enforcement agency.
    Trump’s lawyers have told the Justice Department that the outside team did not turn up any new classified information during their search of Bedminster and Trump Tower, according to people familiar with the process, and have said they utilized a firm that had expertise in searching for documents.Classified material keeps turning up at Donald Trump’s properties, as the former president faces heat from a federal investigation into whether he unlawfully held on to government secrets after leaving the White House. Meanwhile, Democrats were relishing Raphael Warnock’s victory in Georgia’s Senate race, capping a historic midterm election in which they stemmed their losses in the House and managed to get all of their senators re-elected.Here’s a look back at what happened today:
    The Congressional Black Caucus wants lawmakers to pass a long-stalled voting rights measure before the end of the year as Democrats try to make the most of their finals weeks controlling the House and Senate.
    Sean Spicer, a former press secretary in Trump’s White House, is being roasted for mistaking today for the anniversary of D-day – when it is, in fact, the anniversary of the attack on Pearl Harbor.
    The supreme court sounds skeptical of making a ruling in favor of Republican-backed state legislatures that could have a major impact on voting rights.
    Second gentleman Doug Emhoff spoke out forcefully against antisemitism, warning of “an epidemic of hate facing our country”.
    Republicans were playing the blame game after their poor midterm showing.
    But what does Raphael Warnock think of the Trump question?CNN caught up with the newly re-elected Democratic senator to ask him whether he thought the former president made a difference in his race. Here’s what he had to say:Asked how much he benefited from Trump’s involvement in selecting his foe, Raphael Warnock told me: “I think the people of Georgia deserve a great deal of credit for seeing the differences between me and my opponent. I look forward to working on their behalf the next six years.”— Manu Raju (@mkraju) December 7, 2022
    In a speech today, second gentleman Doug Emhoff spoke out against antisemitism, warning that there’s “an epidemic of hate facing our country”:.@SecondGentleman: “There’s no both-sides-ism on this one. There’s only one side…ALL OF US must be against antisemitism.” pic.twitter.com/V9SKEOiS53— Herbie Ziskend (@HerbieZiskend46) December 7, 2022
    Emhoff is the husband of Kamala Harris and the first Jewish spouse of a vice president. His speech came after Donald Trump sparked outrage by meeting with Nick Fuentes, a noted antisemite.Well this is awkward.The below video is of Indiana’s Republican senator Mike Braun decrying the quality of the party’s candidates in the midterms. Behind him stands Rick Scott, another senator who is chair of the National Republican Senatorial Committee – which was tasked with retaking control of the chamber. He did not succeed:Sen. Mike Braun (R-IN) blasts Republican strategy after Herschel Walker’s loss, with NRSC Chairman Rick Scott (R-FL) standing right behind him:“Candidate quality does count … We are basically for nothing … and then say, ‘Well, maybe we’ll tell you after we’re elected.’” pic.twitter.com/pZ04zE3e4W— The Recount (@therecount) December 7, 2022
    The Congressional Black Caucus’ last-minute push to get voting rights legislation passed may already be making waves.The lawmakers want the long-delayed bill attached to a year-end Pentagon funding proposal, and the House was this afternoon expected to vote on the rules for debate of the legislation. That vote has now been postponed:The House is in recess subject to the call of the Chair.— House Press Gallery (@HouseDailyPress) December 7, 2022
    “Members are advised that further information will be provided later today,” the office of Democratic majority leader Steny Hoyer said.In other Mar-a-Lago shenanigans, ABC News reports that Liz Crokin, a well-known promoter of the QAnon and “pizzagate” conspiracy theories, turned up at an event at Donald Trump’s south Florida property.Crokin was there to attend a documentary on sex trafficking, which ABC says is a major subject of concern for QAnon adherents. She managed to snag a photo with the former president, who is under fire for his recent dinner with rapper Ye and far-right activist Nick Fuentes, both of whom have made antisemitic remarks.Here’s more from ABC’s report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Videos and photos posted to social media appear to show Liz Crokin, a prominent promoter of QAnon and pro-Trump conspiracies theories, speaking at an event at Mar-a-Lago and later posing for photos with Trump. In one photo, the duo make a “thumbs up” sign together.
    According to social media posts, the event was billed as a fundraiser in support of a “documentary” on sex trafficking — one of the pillars of the QAnon conspiracy theory. The website for the film, which includes multiple falsehoods and claims of mass sex-trafficking in Hollywood, boasts that it is “Banned by YouTube, Facebook, Instagram, Twitter, and PayPal.”
    Mar-a-Lago often hosts events for outside groups.
    “You are incredible people, you are doing unbelievable work, and we just appreciate you being here and we hope you’re going to be back,” Trump said in remarks to the crowd, according to a video of his speech.
    A representative for the Trump campaign did not respond to ABC News’ request for comment.With Congress in the midst of a flurry of bill-passing before the year ends and newly elected lawmakers take their seats, Punchbowl News reports that the Congressional Black Caucus is making a last-ditch attempt to get a major voting rights bill passed.The John Lewis Voting Rights Advancement Act has been stalled since its August 2021 passaged in the House, after it failed to get enough support to make it through the Senate. Punchbowl reports that the caucus representing African-American lawmakers in both chambers wants the legislation attached to the annual defense spending bill, which is considered a priority for both Democratic and Republican lawmakers.A key test of whether their strategy will go anywhere may come this afternoon, when the House is set to vote on the rules for debate of the spending bill, according to Punchbowl.CNN has been going around the Capitol, polling Republicans senators on whether they think Donald Trump is to blame for their candidates’ weak showing during the midterms.While not an out-and-out break with the most recent White House occupant from their party, several acknowledged that Trump wasn’t much help in last month’s election. Here’s John Thune, the number-two Senate Republican:Thune added: “The Dems were in many cases able to turn it into a choice election because of Trump’s presence out there – so was he a factor? I don’t think there’s any question about that.”— Manu Raju (@mkraju) December 7, 2022
    Pat Toomey is the retiring senator from Pennsylvania, who is being replaced by Democrat John Fetterman in a major loss for the GOP:Pat Toomey: “It’s just one more data point in an overwhelming body of data that the Trump obsession is very bad for Republicans but normal Republicans are doing extremely well”Graham to me: “I think we’re losing close elections, not because of Donald Trump,” citing D fundraising— Manu Raju (@mkraju) December 7, 2022
    Lindsey Graham is one of Trump’s biggest allies in Congress’s upper chamber. Here’s what he had to say:Lindsey Graham to me on Trump: “I think what he’s gonna have to do is establish to Republicans he can win in 2024. He’s still very popular in the party. People appreciate his presidency. They appreciate his fighting spirit. But there’s beginning to be a sense, ‘Can he win?’”— Manu Raju (@mkraju) December 7, 2022
    Attorneys for Donald Trump discovered two classified items among materials retrieved from a Florida storage unit rented for the former president, the Washington Post reports.Trump hired an outside firm to search his properties for any classified items, in order to comply with a federal grand jury subpoena issued in May. The former president is under investigation for unlawfully retaining secret material after leaving the White House last year, which led to the FBI’s search of his Mar-a-Lago property in August.Besides the storage unit in West Palm Beach, Florida housing materials that had been moved from a northern Virginia office after his presidency, the outside firm also searched Trump-owned golf course in New Jersey and Trump Tower in New York.Here’s more from the Post’s report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The ultimate significance of the classified material in the storage unit is not immediately clear, but its presence there indicates Mar-a-Lago was not the only place where Trump kept classified material. It also provides further evidence that Trump and his team did not fully comply with a May grand jury subpoena that sought all documents marked classified still in possession of the post-presidential office.
    In addition to the storage unit, the team hired an outside firm to carry out the search of his golf club in Bedminster, N.J., and, more recently, Trump Tower in New York, according to people familiar with the matter. The outside team also searched at least one other property.
    The team also offered the FBI the opportunity to observe the search, but the offer was declined, the people said. It would be unusual for federal agents to monitor a search of someone’s property conducted by anyone other than another law enforcement agency.
    Trump’s lawyers have told the Justice Department that the outside team did not turn up any new classified information during their search of Bedminster and Trump Tower, according to people familiar with the process, and have said they utilized a firm that had expertise in searching for documents.Democrats are relishing Raphael Warnock’s victory in Georgia’s Senate race, which caps a historic midterm election where they stemmed their losses in the House and managed to get all of their senators re-elected. The GOP’s underwhelming showing has several Republicans pointing their fingers at Donald Trump, saying candidates he’d handpicked for the election underperformed.Here’s a look back at what has happened so far today:
    Trump has hired an outside firm to look for classified documents at two of his properties to comply with a grand jury subpoena, the Washington Post reports.
    Sean Spicer, a former press secretary in Trump’s White House, is being roasted for mistaking today for the anniversary of D-day – when it is in fact the anniversary of the attack on Pearl Harbor.
    The supreme court sounds skeptical of making a ruling in favor of Republican-backed state legislatures that could have a major impact on voting rights.
    The White House has announced that Joe Biden will speak this evening, at St Mark’s Episcopal Church in Washington, host to the 10th Annual National Vigil for All Victims of Gun Violence.A White House update says the vigil is “a service of mourning and loving remembrance for all who have fallen victim to the ongoing epidemic of gun violence in America”. The 10th anniversary of the Sandy Hook elementary school shooting, in which 20 young children and six adults were killed, falls a week from today.Biden, as vice-president, saw attempts for meaningful gun reform fail, even after that massacre in Connecticut. But Chris Murphy, the Democratic senator from the north-eastern state, has campaigned for reform ever since.He is now optimistic that more will soon be done. Last week, he told the Guardian: “Ten years ago, it would have been unthinkable for a gun safety bill to pass the Senate with NRA opposition. Now, a whole bunch of Republican senators know that the NRA does not even represent gun owners any longer. And thus, they’re not paying as much attention.”More:Senator Chris Murphy: ‘victory after victory’ is coming for US gun safetyRead moreFrom Washington, the Associated Press reports that “at least six supreme court justices sound skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency”.Here’s more on the case in hand, also from the AP:US supreme court hears case that could radically reshape electionsRead moreSean Spicer, Donald Trump’s first White House press secretary and a Harvard politics fellow, has come under fire for a tweet in which he said today, 7 December, was D-Day.Spicer wrote: “Today is Dday [sic]. It only lives in infamy if we remember and share the story of sacrifice with the next generation. #DDay.”7 December is indeed an important second world war anniversary – that of the Japanese attack on Pearl Harbor which brought the US into the war. It has been called many things, including, most famously and lastingly and by the then president, Franklin Delano Roosevelt, “a date which will live in infamy”.But not D-Day. That was 6 June 1944, when allied navies sent forces ashore in France, at the start of the end of the war against Nazi Germany.Pearl Harbor was primarily an attack on the US navy. According to US government figures, 2,008 members of the navy were killed, along with 218 members of the army, 109 marines and 68 civilians. Three US ships were destroyed and 16 damaged.According to his own website, Spicer “holds a master’s degree in national security and strategic studies from the US Naval War College [and] has served over 20 years in the US Navy Reserve and is currently a commander”. He specialises in public affairs.Amid a minor PR nightmare and Twitter storm, Spicer deleted his D-Day tweet and said: “Sorry. Apologies.”Undeleted, a tweet from 2021 in which Spicer showed he knew when D-Day was and was happy to use that knowledge to attack Joe Biden, writing: “Yesterday was the anniversary of #DDay – no mention of it from the president. The White House press secretary says he might get around to it.”Biden was widely attacked from the right for not formally marking D-Day last year. But as the fact-checking website Snopes put it: “While neither Biden himself nor the White House, as such, publicly commemorated the 77th anniversary of D-Day in 2021, Vice-President Kamala Harris and first lady Jill Biden both did.”Furthermore, “in his speech at Arlington National Cemetery on Memorial Day, 31 May, Biden briefly alluded to the D-Day landings, saying: ‘Here in Arlington lie heroes who gave what President Lincoln called ‘the last full measure of devotion’. They did not only die at Gettysburg or in Flanders Field or on the beaches of Normandy, but in the mountains of Afghanistan, the deserts of Iraq in the last 20 years.’” More

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    Georgia’s runoff was a resounding rebuke of Trumpism. Will Republicans hear it? | Lloyd Green

    Georgia’s runoff was a resounding rebuke of Trumpism. Will Republicans hear it?Lloyd GreenCome January, Mitch McConnell and his Republican colleagues will face a 51-49 Senate Democratic majority – making Biden’s job a little easier Tuesday delivered a spate of bad news for Donald Trump and the Republican party. First, Bennie Thompson, chairman of the January 6 committee, announced that criminal referrals to the US Department of Justice would be forthcoming. A few hours later, a Manhattan jury convicted the Trump Organization on 17 counts of tax fraud, conspiracy and falsification. According to prosecutors, the former president was complicit.And now, the incumbent Senator Raphael Warnock has prevailed in a hard-fought runoff. Georgia again rejected Herschel Walker and Donald Trump, his patron.Come January, Mitch McConnell and his Republican colleagues in the US Senate will be staring at an actual 51-49 Democratic majority. The president’s nominees will have an easier time winning confirmation. In the end, the minority leader and his caucus will bear a portion of the cost of those abortions Walker reportedly paid for.The ex-University of Georgia football great now joins the ranks of other Trump-endorsed casualties: Pennsylvania’s Dr Oz and Doug Mastriano; Arizona’s Kari Lake and Blake Masters; Michigan’s Tudor Dixon. Unfortunately for them, swing-state America yearned for normal.Trump’s big lie emerged as a turn-off. His recent call for the US constitution to be scrapped injured himself and Walker.By the numbers, “three in 10 strong Trump supporters accept or are indifferent to white supremacist views,” according to a Washington Post/ABC News poll taken in the aftermath of the hate-fest in Charlottesville.The Republican party is its own twilight zone. But Georgia is no longer Trump country.He lost the Peach state to Biden two years ago. On the eve of the January 2021 insurrection, both of his picks finished second in the state’s Senate run-offs. Walker’s flame-out is part of the continuum.In contrast to Walker, Governor Brian Kemp, Georgia’s Republican incumbent, threaded the political needle. On election day last month, he won despite defying Trump.Most notably, the governor and his posse refused to nullify the 2020 election. Kemp even testified before a Fulton county, Georgia, grand jury, which may yet indict “45” and his hangers-on. Rudy Giuliani is officially a target in the inquiry. Jeopardy is in the air.In hindsight, helping preserve democracy from Trump’s onslaught proved itself to be smart politics. This past May, Kemp, Georgia’s attorney general Chris Carr, and Brad Raffensperger, Trump’s bête noire and Georgia’s secretary of state, all survived primary challenges. Courage can come with an upside.On that note, Jay Walker, a Kemp adviser, repeatedly told deep-pocketed donors that the governor was ready to gut his primary challenger, David Perdue, Trump’s pick and a defeated former US senator. “We’re going to go fucking scorched-earth,” Walker supposedly said.Most recently, Kemp took aim at Trump for his dinner with Ye, the antisemitic recording artist formerly known as Kanye West, and Nick Fuentes, his white supremacist, Holocaust-denying sidekick. “Racism, antisemitism, and denial of the Holocaust have no place in the Republican Party and are completely un-American,” Kemp told the Atlanta Journal-Constitution.Sadly, he stands out as an exception within the Republican party. Once upon a time, Trump and his legal minions brayed against tyranny. Not any more.With Trump in office it was hello, praetorian. These days, it’s crickets and spinelessness.Take Jay Sekulow, Trump’s personal lawyer. In an April 2016 brief to the US supreme court, Sekulow attacked Obama as a despot.Warnock’s win in Georgia is a bad omen for Trump – but there’s no room for complacencyRead moreEchoing James Madison, founding father and fourth president, Sekulow thundered that the “accumulation of all powers, legislative, executive and judiciary, in the same hands … may justly be pronounced the very definition of tyranny”.Likewise, McConnell and 44 of his Republican colleagues accused Obama of seeking to “usurp” their powers when it came to recess appointments. To be sure, McConnell has remained silent in the face of ethnic slurs hurled at his wife by Trump.Fittingly, the family of Capitol police officer Brian Sicknick, who died in the aftermath of the January 6 insurrection, refused to shake hands with McConnell and the Trump toady Kevin McCarthy at a Congressional Gold Medal ceremony. Ken Sicknick, the late officer’s brother, told CBS News that the Republican leaders “have no idea what integrity is”.In 2016, Paul LePage, then governor of Maine, actually treated Trump’s bubbling authoritarianism as a plus. “Our constitution is not only broken,” he declared. “We need a Donald Trump to show some authoritarian power in our country.”LePage’s dream is the Republicans’ reality – and democracy’s nightmare. “When someone tells you they want to abolish the constitution … and they’re a wannabe dictator, believe them,” Olivia Troye, Mike Pence’s national security adviser, tweeted. “And when Republicans refuse to condemn it, believe what that means as well.”The question facing Kemp and the rest of the Republican leadership is whether they confront their Caesar. One thing is certain: if elected, Walker would have willingly rolled over. And he is far from alone.“The real question is what does the base of the party think,” Senator Mitt Romney recently acknowledged. “And they’re still firmly behind him.”
    Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992
    TopicsUS politicsOpinionGeorgiaUS midterm elections 2022Donald TrumpUS SenatecommentReuse this content More

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    Warnock’s win in Georgia is a bad omen for Trump – but there’s no room for complacency

    AnalysisWarnock’s win in Georgia is a bad omen for Trump – but there’s no room for complacencyDavid Smith Washington bureau chiefWalker’s Senate runoff loss might be viewed as the last nail in Trump’s political coffin, but 2024 will reveal the rebirth or the death of Trumpism Sanity strikes again.Raphael Warnock’s victory over Herschel Walker in the Georgia Senate runoff caps an election season in which the normal, the sensible and the fans of fact regained their voice and gave hope that, after long years in which American democracy was feared to be at death’s door, the patient is rallying.Georgia runoff election: Raphael Warnock wins crucial Senate race – follow liveRead moreIn simple mathematics, the win gives Democrats 51 seats to Republicans’ 49 in the Senate, speeding up confirmation of Joe Biden’s administrative and judicial nominees and starving the conservative West Virginia Democrat Joe Manchin of some of the oxygen he enjoys as the swing vote.But more philosophically, it serves as another corrective to the notion that all America suddenly went mad on 8 November 2016, the day Donald Trump was elected instead of Hillary Clinton. Looking back, it’s pertinent to recall that Trump lost the popular vote by nearly three million and benefited from a unique cocktail of circumstances that included entrenched misogyny and running against the ultimate establishment politician.Since then, election after election has demonstrated that Trump’s brand was never what the majority of Americans wanted. Admittedly he improved his vote total in 2020, but he still lost to Joe Biden by seven million. The rout of Trump-endorsed election deniers in last month’s midterms has made even some Republicans understand that the man who despises “losers” is the biggest loser of all.In a normal political universe, then, Walker’s defeat on Tuesday would be the final nail in Trump’s political coffin. The former American football star was the ultimate Trumpian candidate: a political neophyte famous for something entirely unrelated to politics; braggadocious claims of business acumen; scandals over abusive behaviour towards women and hypocrisy over abortion; weird and wild statements on random topics.Visiting Georgia while Biden and Trump stayed away, Barack Obama observed: “Since the last time I was here, Mr Walker has been talking about issues that are of great importance to the people of Georgia. Like whether it’s better to be a vampire or a werewolf. This is a debate that I must confess I once had myself. When I was seven. Then I grew up.”In the Trump era it has become a commonplace that “nothing matters”. Tuesday’s result suggests that some things do matter after all. In particular, candidate quality still matters.This explains why, even though Republicans won every statewide election in Georgia last month, Biden beat Trump here in 2020 and Democrats won both Senate seats in 2021 thanks to Warnock and Jon Ossoff. (When primaries are thrown in, Warnock has now won six elections in just two years.)Raphael Warnock wins Georgia runoff, bolstering Democratic Senate majorityRead moreCandidate quality is a two-way street. Walker did not just lose the election. Warnock won it, outworking and outraising his opponent, touting his work on issues such as maternal mortality, highlighting his record in helping propel Biden’s legislative agenda through the Senate and deftly choosing when to ignore Walker and when to put the boot in.At a rally at a church in Gainesville on Sunday, Warnock asked: “How do you tell your children to tell the truth – and vote for Herschel Walker, who won’t tell you the truth about the basic facts of his life? I’m in church, so that’s all I’m going to say about that.”Warnock, 53, the first Black senator from Georgia, has now secured a full six-year term and a place among the Democrats’ rising stars. Every candidate needs a story and he has one, telling how his octogenarian mother used her “hands that once picked somebody else’s cotton” to “cast a ballot for her youngest son to be a United States senator”, adding: “Only in America is my story possible.”He is also a powerful orator, a skill honed as senior minister of Atlanta’s Ebenezer Baptist church, where Martin Luther King Jr used to preach, and joins faith-driven liberals such as Pete Buttigieg and the Rev William Barber in challenging the Christian right’s dominance of the moral agenda. Warnock is fond of saying: “I’m not a senator that used to be a pastor. I’m a pastor who happens to serve in the Senate.”Even so, after Thursday it is still a case, as EM Forster put it, of two cheers for democracy rather than three. Trump arguably remains the favourite for the Republican nomination in 2024. His party has just regained a majority in the House of Representatives and is teeing up partisan investigations aplenty. In more ordinary times, it would have seemed unthinkable that a candidate such as Walker could come anywhere close to a runoff in the first place.Which means there is no room for complacency and everything to play for. The next election could spell the rebirth or the death of Trumpism. And nowhere will do more to tip the scales towards hope or despair than Georgia.TopicsGeorgiaUS politicsDemocratsRepublicansDonald TrumpanalysisReuse this content More

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    Trump Organization guilty of tax fraud, New York jury finds

    Trump Organization guilty of tax fraud, New York jury findsTwelve-person jury returns guilty verdict against former president’s company after being sent out on Monday to deliberate A jury in New York has convicted the Trump Organization of criminal tax fraud in a major blow for the former president.Although Donald Trump was not personally on trial, prosecutors insisted he was fully aware of the 15-year scheme in which they said executives were enriched by off-the-books perks to make up for lower salaries, reducing the company’s tax liabilities.The 12-person jury in New York’s state court was sent out to deliberate on Monday morning after a six-week trial in which Trump Organization lawyers pinned blame for the fraud solely on the greed of longtime chief financial officer Allen Weisselberg.The former close ally of Trump accepted a plea deal earlier this year admitting fraud in exchange for a five-month prison sentence. Prosecutors laid out a case heavily reliant on Weisselberg’s testimony.The verdict represents a serious blow to Trump and his family who rose to fame as property moguls in New York but whose business practices have long shadowed in secrecy with rumors of ill-doing.It is also the latest in a raft of legal troubles that surround Trump, including several investigations related to his attempts to overturn the 2020 election victory of Joe Biden and his apparent removal of sensitive White House documents to his Florida resort of Mar-a-Lago.The monthlong trial featured testimony from seven witnesses, including Weisselberg and senior vice-president and controller Jeffrey McConney. An outside accountant who spent years preparing tax returns for Trump and the company also testified.Earlier jurors had zeroed in on the last count listed on the verdict sheet: falsifying business records.Jurors sent notes twice Tuesday asking for clarity on the falsifying business records charge and a reading of related testimony.Weisselberg testified that he ordered accounts payable supervisor Deborah Tarasoff to delete “per Allen Weisselberg” notations from entries in Trump’s personal general ledger reflecting that Trump personally paid private school tuition for Weisselberg’s grandchildren.First, jurors asked the judge to reread the charge and the elements they are required to find for a guilty verdict. Later, they asked to again hear Tarasoff’s testimony. Tarasoff, a Trump Organization veteran, testified that Weisselberg called her into his office and told her, “Go in and take my name off it” in September 2016.After resuming deliberations Tuesday, jurors sent a note asking the judge to reread three counts of falsifying business records pertaining to the creation of false W2 tax forms for Weisselberg for 2015, 2016 and 2017.The legal woes have to a large extent over-shadowed Trump’s recent announcement of a 2024 run to return to the White House.Though Trump’s campaign was launched with great fanfare from Mar-a-Lago, it has not set the political world alight after high profile Trump-backed candidates were largely defeated in November’s midterm elections.Numerous rivals to Trump are now starting to emerge in the Republican party, especially Florida governor Ron DeSantis.TopicsDonald TrumpUS politicsnewsReuse this content More

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    House January 6 panel to issue criminal referrals to DoJ as tensions heighten

    House January 6 panel to issue criminal referrals to DoJ as tensions heightenTargets and details of referrals in investigation of Capitol attack were not immediately clear but could follow two tracks The House January 6 select committee will make criminal referrals to the US justice department in connection with its investigation into the Capitol attack, the chairman of the panel said Tuesday, heightening tensions ahead of the release of its final report expected to come later this month.The targets and details about the referrals were not immediately clear, and the panel’s chairman Bennie Thompson affirmed to reporters only that the panel would issue citations.January 6 report expected to focus on Trump’s role and potential culpabilityRead moreBut the decision to move forward with referrals comes days after a special four-member subcommittee established to consider the issue recommended that the full committee seek prosecution from the justice department for a number of individuals connected to January 6, two sources said.The referrals could follow two tracks: citations for things that Congress can request prosecution by statute, such as perjury or witness tampering, or wider-ranging recommendations such as making the case that Donald Trump obstructed an official proceeding on 6 January.At issue is the value of making referrals when the justice department could now be in a better position to asses potential crimes.The department in recent months has intensified its own parallel, criminal investigations into the Capitol attack and Trump’s efforts to overturn the results of the 2020 election, subpoenaing dozens of Trump advisors and January 6 rally organizers to testify before at least two federal grand juries in Washington.The select committee might have once argued that it made sense to issue referrals for instance for lying to Congress because it alone could determine whether witnesses had made false statements to investigators.But with the panel committed to releasing all of its evidence and transcripts alongside the final report, the department might now be best placed to identify false or contradictory statements to Congress, given how federal prosecutors have now interviewed many of the same witnesses.The justice department has also previously issued charges even when Congress did not make overt referrals; Trump confidante Roger Stone was indicted and convicted in 2019 for lying to Congress, witness tampering and obstructing a House investigation when he appeared before the House intelligence committee.The four-member subcommittee led by Congressman Jamie Raskin and the other members with legal backgrounds – the vice-chair Liz Cheney, Adam Schiff and Zoe Lofgren – made its recommendations about referrals and subpoena noncompliance by Republican members of Congress privately on Friday.The move is likely to lead to intense speculation as the committee puts the finishing touches on its report into the insurrection at the Capitol and those who took part in it and the build up to the attack.The committee held a series of often dramatic public hearings over the summer where it presented some of its evidence and testimony from the many witnesses it called. The picture the committee painted was one of a plot to foil the certification of Joe Biden’s 2020 election win that was orchestrated by Donald Trump and some of his key allies in his White House. “The committee has determined that referrals to outside entities should be considered as a final part of its work. The committee will make decisions about specifics in the days ahead,” a spokesman for the panel said in a statement.The work of the committee has been the target of often baseless attacks by Trump and many others in the Republican party, who have sought to portray it as a partisan effort, despite the prominence of two rebel Republicans on the panel. But the narrow victory in the House by Republicans in last month’s midterm elections means it will now certainly be wound up as the party takes control of the lower chamber of Congress.TopicsJanuary 6 hearingsUS politicsDonald TrumpUS Capitol attacknewsReuse this content More

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    Trump Pac reportedly paid legal bills of Mar-a-Lago witnesses

    Trump Pac reportedly paid legal bills of Mar-a-Lago witnessesPolitical action committee paid bills of former Trump adviser Kash Patel and valet Walt Naud, who told FBI agents he moved boxes at Trump’s direction A report published by the Washington Post claims that money from Donald Trump’s political action committee paid the legal bills of some witnesses involved in the US justice department’s criminal inquiry into the former president’s improper handling of classified documents.They include the former Trump adviser Kash Patel, who was granted immunity last month for his grand jury testimony, the newspaper says, citing anonymous sources said to be familiar with the matter.Another is the valet Walt Nauda, who told FBI agents that he had moved boxes at Trump’s direction around his Mar-a-Lago resort in Florida while the government was trying to retrieve documents and records that should have been preserved in Washington DC, according to the Post.The payment of witnesses’ legal fees by a political group whose purse strings Trump controls, while not illegal, raises ethical concerns and poses a conflict, the Post says.It quotes former federal prosecutor Jim Walden, who questioned if the payments to witnesses’ lawyers by the Trump fund influenced their testimony or level of cooperation.“It looks like the Trump political action committee is either paying for the silence of these witnesses, for them to take the fifth [amendment] or for favorable testimony,” he said, referring to the constitutional protection against self-incrimination.“These circumstances should look very suspicious to the justice department, and there’s a judicial mechanism for them to get court oversight if there’s a conflict.”Federal investigators are already looking into Trump Save America Pac, and in September subpoenaed two of the former president’s advisers, senior aide Stephen Miller and ex-director of White House political affairs Brian Jack, over fundraising for efforts to reverse his 2020 election defeat.The Guardian has reported previously how Trump retained documents bearing classification markings, along with communications from after his presidency, at his Florida resort following his departure from the White House in January 2021.FBI agents raided Trump’s private members’ club in August and uncovered thousands of documents, including hundreds marked classified, that his legal team insisted had already been returned to government archives. Nauda, the valet, told FBI investigators that Trump directed him to move boxes of documents around the property.The justice department’s criminal investigation is looking into whether Trump mishandled national security information, including whether he destroyed documents.Patel, who has already appeared before a grand jury in the case, is a key witness for his knowledge of the final days of the Trump administration and whether the ousted president, as he has insisted, moved to declassify documents he took with him to Florida.A judge granted immunity to Patel, who served in several lower-level positions in the Trump government, last month, ruling that the offer was the only way to guarantee his testimony. The Post report appears to cast doubt on the authenticity of that evidence.The report says Patel and Nauta are represented by the Washington DC attorneys Brand Woodward Law, which according to its website has experience in “white-collar defense” and “government and congressional investigations”.Public records show Trump’s Pac paid more than $120,000 to the firm. Stan Brand, the firm’s leading lawyer, told the Post there was “nothing improper” about the payments.“There’s no bar against third parties paying for legal fees as long as it’s disclosed to the client. The ethical obligation of the lawyer is to the client,” Brand said.“This is a tempest in a teapot and another cheap shot at these people because of who they work for.”The justice department investigation has ramped up in recent weeks, with the attorney general, Merrick Garland, appointing an independent special counsel last month to oversee its pace and direction. The veteran prosecutor and former justice department official Jack Smith will also supervise a parallel inquiry into Trump’s efforts to subvert the 2020 election.The former president suffered a significant blow last week in his attempt to delay the documents inquiry when a federal appeals court removed a special master previously appointed to review the seized papers.It paved the way for the justice department to regain access to the entirety of the materials for use in the criminal investigation.TopicsDonald TrumpUS politicsnewsReuse this content More