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    What is Fisa, and what does it mean for no-warrant spying?

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    Congress spent the past week in a fractious debate over a major government surveillance program that gives US authorities the ability to monitor vast swaths of emails, text messages and phone calls without a warrant. In a vote on Friday, lawmakers ultimately decided to keep that warrantless surveillance intact and passed a two-year reauthorization of the law, known as section 702 of the Foreign Intelligence Surveillance Act, or Fisa.The law has long been contentious among both progressives and libertarian-leaning conservatives who view it as a violation of privacy rights and civil liberties. Donald Trump has likewise lambasted it out of personal grievance. Its defenders, which include intelligence agencies and Joe Biden’s administration, argue that it is an important tool in stopping terrorist attacks, cybercrime and the international drug trade.What is section 702 of Fisa?Section 702 is a measure added in 2008 to the Foreign Intelligence Surveillance Act, first passed in 1978, which allows authorities, including government agencies such as the NSA and FBI, to collect and monitor communications. More specifically, it gives them the authority to surveil the messaging of foreign citizens outside US soil and to do so without requesting a warrant.Although section 702 was ostensibly intended to be used to monitor foreign terrorist groups and criminal organizations, law enforcement agencies have also used its authority to collect and surveil US citizens’ communications. This is because Americans messaging with people abroad are also liable to have their data accessed, which has led to improper use of the law and allegations from civil liberties groups that it gives authorities a backdoor into warrantless searches.The law emerged from the George W Bush administration’s post-9/11 surveillance policies, adding government oversight to a secret program that had been monitoring foreign communications for years without formalized congressional approval.Why is section 702 so divisive?Section 702 has opponents on both sides of the political spectrum, with its critics especially concerned over the law’s ability to conduct warrantless searches of American citizens’ communications and law enforcement’s tendency to improperly overreach in its use.Under section 702, authorities are only supposed to be able to search databases of communications for US citizens if they believe that the query could yield intelligence on malicious foreign actors or proof of a crime. But between 2020 and early 2021, the FBI improperly used section 702 almost 300,000 times in searches that targeted January 6 suspects, racial justice protesters and other American citizens, according to documents from Fisa court.That misuse gave new life to calls for reforming section 702, potentially including requiring authorities to get a warrant from a judge before accessing US citizens’ communications. Civil liberties groups demanded numerous revisions, including closing loopholes that allowed the government to purchase information on US citizens through third-party data brokers.Donald Trump’s campaign also reignited criticism of section 702, especially among far-right Republicans who tend to operate in lockstep with his pronouncements. The former president demanded that lawmakers “KILL FISA” in a post on Truth Social on Wednesday and accused authorities of using it to spy on his campaign – an apparent reference to an FBI investigation of a former campaign adviser of his that was unrelated to section 702.Defenders of the law argued that there were already adequate provisions for stopping its misuse, and that requiring warrants or killing section 702 entirely would severely limit authorities’ ability to stop terrorist attacks and other crimes. Administration officials and backers of the reauthorization cited numerous US adversaries, from Chinese government spying operations to Islamist extremist groups, as reasons that warrantless surveillance was necessary for stopping urgent threats.What happens to section 702 now?The reauthorization of Fisa on Friday means that the program and warrantless surveillance will be able to continue for at least another two years. An amendment that would have required authorities to get a warrant for searches of US citizens narrowly did not pass, with a House vote ending in a 212-212 tie that resulted in its failure.While the law was originally intended to be renewed for five years, Mike Johnson, the Republican speaker of the house, was forced to seek only a two-year reauthorization to mollify far-right GOP members who threatened to quash the bill entirely. More

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      Ex-FBI informant charged with lying about Bidens arrested again

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      The former FBI informant who is charged with lying about a multimillion-dollar bribery scheme involving Joe Biden’s family was again taken into custody in Las Vegas, two days after a judge released him, his attorneys said.Alexander Smirnov was arrested during a meeting on Thursday morning at his lawyers’ offices in downtown Las Vegas. The arrest came after prosecutors appealed the judge’s ruling allowing 43-year-old Smirnov, who holds dual US-Israeli citizenship, to be released with a GPS monitor ahead of trial. He is charged with making a false statement and creating a false and fictitious record.Attorneys David Chesnoff and Richard Schonfeld said in a statement that they have requested an immediate hearing on his detention and will again push for his release. They said Smirnov, who claims to have links to Russian intelligence, was taken into custody on a warrant issued in California for the same charges.Smirnov was first arrested last week in Las Vegas, where he now lives, while returning from overseas. A spokesman for justice department special counsel David Weiss, who is prosecuting Smirnov, confirmed that Smirnov had been arrested again, but did not have additional comment.Prosecutors say Smirnov falsely told his FBI handler that executives from the Ukrainian energy company Burisma paid Joe and Hunter Biden $5m each around 2015. The claim became central to the Republican impeachment inquiry of President Biden in Congress.Smirnov has not entered a plea to the charges, but his lawyers have said their client is presumed innocent and they look forward to defending him at trial.As part of their push to keep him in custody, prosecutors said Smirnov told investigators after his arrest last week that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s self-reported contact with Russian officials was recent and extensive, and said he had planned to meet with foreign intelligence contacts during an upcoming trip abroad.US magistrate judge Daniel Albregts said on Tuesday that he was concerned about Smirnov’s access to money that prosecutors estimated to be around $6m, but noted that federal guidelines required him to fashion “the least restrictive conditions” ahead of trial. Smirnov was also ordered to stay in the area and surrender his passports.“Do not make a mockery out of me,” Albregts said to Smirnov, warning that he’d be placed back into the federal government’s custody if he violated any of his conditions. His lawyers say he had been “fully compliant” with his release conditions.Prosecutors quickly appealed to US district judge Otis D Wright in California.“The circumstances of the offenses charged – that Smirnov lied to his FBI handler after a 10-year relationship where the two spoke nearly every day – means that Smirnov cannot be trusted to provide truthful information to pretrial services,” prosecutors wrote in court documents.“The effects of Smirnov’s false statements and fabricated information continue to be felt to this day. Now the personal stakes for Smirnov are even higher. His freedom is on the line.”Smirnov had been an informant for more than a decade when he made the explosive allegations about the Bidens in June 2020, after “expressing bias” about Joe Biden as a presidential candidate, prosecutors said.But Smirnov had only routine business dealings with Burisma starting in 2017, according to court documents. No evidence has emerged that Joe Biden acted corruptly or accepted bribes in his current role or previous office as vice president.While his identity wasn’t publicly known before the indictment, Smirnov’s claims have played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Republicans pursuing investigations of the Bidens demanded the FBI release the unredacted form documenting the unverified allegations, though they acknowledged they couldn’t confirm if they were true.Democrats called for an end to the investigation after the Smirnov indictment came down last week, while Republicans distanced the inquiry from his claims and said they would continue to “follow the facts.”Smirnov’s lawyers say he has been living in Las Vegas for two years with his longtime girlfriend and requires treatment and daily medications for “significant medical issues related to his eyes”. He lived in California for 16 years prior to moving to Nevada. More

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      FBI informant charged with lying about Bidens’ role in Ukraine business

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      An FBI informant has been charged with lying to his handler about ties between Joe Biden, his son Hunter and a Ukrainian energy company.Alexander Smirnov falsely told FBI agents in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5m each in 2015 and 2016, prosecutors said on Thursday.Smirnov told the FBI that a Burisma executive had claimed to have hired Hunter Biden to “protect us, through his dad, from all kinds of problems”, prosecutors said in a statement.The allegations became a flashpoint in Congress over the summer as Republicans demanded the FBI release the unredacted form documenting the allegations as they pursued investigations of Biden and his family. They acknowledged at the time that it was unclear if the allegations were true.The new development sharply undermines the thrust of congressional Republicans’ corruption accusations that the US president was making money from his son Hunter’s business dealings in Ukraine.Smirnov, 43, was charged with making a false statement and creating a false and fictitious record. No attorney was immediately listed for him in court records.Smirnov appeared in court in Las Vegas briefly on Thursday after being charged with making a false statement and creating a false and fictitious record. He did not enter a plea. The judge ordered the courtroom cleared after federal public defender Margaret Wightman Lambrose requested a closed hearing for arguments about sealing court documents. She declined to comment on the case.The charges were filed by the justice department special counsel David Weiss, who has separately charged Hunter with firearm and tax violations.Hunter’s legal team did not immediately return a message seeking comment.The informant’s claims have been central to the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden.Prosecutors say Smirnov had contact with Burisma executives, but it was routine and actually took place in 2017, after Barack Obama, the US president, and Biden, his vice-president, had left office – when Biden would have had no ability to influence US policy.Smirnov “transformed his routine and unextraordinary business contacts with Burisma in 2017 and later into bribery allegations against public official 1, the presumptive nominee of one of the two major political parties for president, after expressing bias against public official 1 and his candidacy,” the indictment said.He repeated some of the false claims when he was interviewed by FBI agents in September last year and changed his story about others and “promoted a new false narrative after he said he met with Russian officials”, prosecutors said.If convicted, Smirnov faces a maximum penalty of 25 years in prison.The House oversight committee chairman James Comer, a Republican representing Kentucky, had subpoenaed the FBI last year for the so-called FD-1023 document as Republicans deepened their inquiries into the US president and Hunter ahead of the 2024 presidential election.Working alongside Comer, the Republican senator Chuck Grassley of Iowa released an unclassified document that Republicans at the time claimed was significant in their investigation of Hunter.It added to information that had been widely aired during Donald Trump’s first impeachment trial involving Trump attorney Rudy Giuliani’s efforts to dig up dirt on the Bidens ahead of the 2020 election. The White House said at the time that the claims had been debunked for years.The impeachment inquiry into Biden over his son’s business dealings has lagged in the House, but the panel is pushing ahead with its work. Hunter is expected to appear before the committee later this month for an interview.The Associated Press contributed reporting More

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      Pelosi condemned for suggesting pro-Palestinian activists have ties to Russia

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      Supporters of a ceasefire in Gaza condemned comments made by the former House speaker Nancy Pelosi as “downright authoritarian” after the California Democrat suggested, without offering evidence, that pro-Palestinian activists may have ties to Russia and president Vladimir Putin.In an interview on Sunday, Pelosi called on the FBI to investigate protesters involved in the progressive movement pressuring the Biden administration to support a ceasefire in Gaza.“For them to call for a ceasefire is Mr Putin’s message,” Pelosi said during an interview on CNN’s State of the Union on Sunday. “Make no mistake, this is directly connected to what he would like to see. Same thing with Ukraine. It’s about Putin’s message. I think some of these protesters are spontaneous and organic and sincere. Some, I think, are connected to Russia.”Pressed for clarity on whether she believed the activists were “Russian plants”, Pelosi replied: “Seeds or plants. I think some financing should be investigated. And I want to ask the FBI to investigate that.”The interview sparked a furious backlash among activists and anti-war protesters, who pointed to polling that shows strong shares of Democrats support calls for a ceasefire in Gaza and agree with the claim that Israel is committing a “genocide” against the Palestinian people.Nihad Awad, national executive director of the Council on American-Islamic Relations, called the remarks an “unsubstantiated smear” that “echo a time in our nation when opponents of the Vietnam war were accused of being communist sympathizers and subjected to FBI harassment”.“Her comments once again show the negative impact of decades of dehumanization of the Palestinian people by those supporting Israeli apartheid,” Awad said in a statement. “Instead of baselessly smearing those Americans as Russian collaborators, former House Speaker Pelosi and other political leaders should respect the will of the American people by calling for an end to the Netanyahu government’s genocidal war on the people of Gaza.”Since the outbreak of war in October, Joe Biden has faced a groundswell of opposition to his policy in Gaza. Prominent Jewish, progressive and anti-war groups are among the many organizations involved in the ceasefire movement. In recent weeks, activists have interrupted major campaign events, including a speech on reproductive rights in Virginia where he was interrupted at least a dozen times.Biden has resisted calls to back an immediate ceasefire, even as his administration works to secure a temporary pause to the bloodshed in exchange for the release of nearly 100 hostages taken in the 7 October attack on Israel. The mounting Palestinian death toll, now estimated to have surpassed 26,000, and widespread suffering in Gaza, have infuriated key parts of his Democratic base.Democratic strategist Waleed Shahid, who supports a ceasefire and has been closely monitoring the US response to the war in Gaza, said Pelosi’s remarks amounted to an “unacceptable disinformation being spread by the most powerful Democratic party leaders”.“Democrats are most successful when they represent a broad coalition, but the party leadership has sabotaged itself by vigorously attacking the majority of their own Democratic voters who oppose the war,” he said.Pelosi, who led House Democrats for 20 years and served twice as House speaker, is apparently the first and most high profile US official to publicly accuse Russia of supporting pro-Palestinian activists in an effort to exacerbate divisions among Democrats over Israel’s war in Gaza.Pelosi made the comments in response to a question about whether opposition to Biden’s handling of the conflict could hurt the president’s re-election prospects in November.In a statement following Pelosi’s appearance on CNN, a spokesperson emphasized that the former speaker believes the “focus” should remain on strategies to end the suffering of the people in Gaza and secure release of the hostages held by Hamas.skip past newsletter promotionafter newsletter promotionThe spokesperson continued: “Speaker Pelosi has always supported and defended the right of all Americans to make their views known through peaceful protest. Informed by three decades on the House Intelligence Committee, Speaker Pelosi is acutely aware of how foreign adversaries meddle in American politics to sow division and impact our elections, and she wants to see further investigation ahead of the 2024 election.”Brianna Wu, who created a pac to support progressive candidates called Rebellion, wrote on social media that Pelosi’s comments were inartful, but tracked with recent efforts by Russia to interfere in a US election.“Information warfare doesn’t invent new divisions. It finds existing divisions and exacerbates them,” Wu wrote. “Since Putin wants Trump to win, he will obviously be funding efforts to split the Democratic Party. Israel/Palestine is proving to be very effective at this.”Democrats in Michigan have warned the White House that dissatisfaction with Biden’s approach to the Israel-Gaza war may jeopardize his support among Arab Americans in a swing state that could determine the outcome of the 2024 presidential election.Abdullah Hammoud, the Democratic mayor of Dearborn, Michigan, a city with a sizable Arab American population that helped seal Biden’s 2020 victory in the state, shared the results of a November poll that showed broad support for a permanent ceasefire and de-escalation of violence in Gaza.“So, based on Nancy Pelosi’s remarks, 76% of Democrats / 49% of Republicans / 61% of Americans are potentially paid operatives of Russia who are pushing Putin’s message of calling for a ceasefire??” he wrote.Hammoud, who last week joined a group of Arab and Muslim leaders in refusing to meet with Biden’s reelection campaign manager to discuss the administration’s approach to the war, concluded: “The Democratic party leadership is in disarray.” More

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      Two dead after vehicle explosion at US-Canada border checkpoint

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      A speeding car crashed in flames on the bridge linking New York state and Ontario at Niagara Falls on Wednesday, killing two people in the vehicle and sparking a security scare that closed four US-Canadian border crossings.Hours later, federal and state authorities said investigators had found no evidence of an act of terrorism, though circumstances surrounding the crash on the Rainbow Bridge remained murky, leaving it to be determined whether it was accidental or intentional.Kathy Hochul, the governor of New York, said there was “no indication of a terrorist attack” in the explosion which happened on the US side of the Rainbow Bridge, which connects the two countries across the Niagara River.“Based on what we know at this moment,” she said, “there is no sign of terrorist activity in this crash.”The FBI said in a statement it had concluded its investigation. “A search of the scene revealed no explosive materials, and no terrorism nexus was identified,” the FBI said in a post on X, formerly known as Twitter.Video of the crash caught on security camera and posted online by the US Customs and Border Protection (CBP) agency showed the car traveling from the U.S. side at high speed, then hitting an object and flying into the air before crashing to the ground and exploding in flames. A CBP officer suffered minor injuries in the incident. He was treated at a hospital and released, an agency official said later.Chuck Schumer, the senior senator from New York, tweeted: “I was just briefed by the FBI on the incident at Rainbow Bridge. Initial reports indicate the two people killed were in the car but nothing’s been determined on their identity or motive. They continue to investigate – law enforcement remains on heightened alert over Thanksgiving,” he wrote.Justin Trudeau excused himself from question period in Canada’s House of Commons to be briefed further, saying: “This is obviously a very serious situation in Niagara Falls.”“We are taking this extraordinarily seriously,” the Canadian prime minister added.The Rainbow bridge and three other crossings at Lewiston, Whirlpool and Peace Bridge – were closed soon after the blast, although the other three were reopened later on Wednesday.The White House said it was “closely monitoring the situation at the US-Canada border crossing”, and that law enforcement officials were on the scene and investigating.Photos and video taken by news organizations and posted on social media showed a security booth that had been singed by flames.Videos showed the fire was in a US Customs and Border Protection area just east of the main vehicle checkpoint.Speaking to WGRZ-TV, Mike Guenther said he saw a vehicle speeding toward the crossing from the US side of the border when it swerved to avoid another car, crashed into a fence and exploded.“All of a sudden he went up in the air and then it was a ball of fire like 30 or 40ft high,” Guenther told the station. “I never saw anything like it.”Ivan Vitalii, a Ukrainian visiting Niagara Falls, told the Niagara Gazette that he and a friend were near the bridge when they “heard something smash”.“We saw fire and big black smoke,” he told the newspaper.From inside Niagara Falls state park, Melissa Raffalow said she saw “a huge plume of black smoke” rise up over the border crossing, roughly 50 yards (45m) away from the popular tourist destination. Raffalow told AP in a message that police arrived soon after, urging visitors to disperse as they began cordoning off the street.Doug Ford, the premier of Ontario, which borders New York state, said: “Our provincial law enforcement is actively engaged in assessing the situation. They are working with local law enforcement and are providing support as required.”About 6,000 vehicles cross the Rainbow Bridge each day, according to the US Federal Highway Administration’s National Bridge Inventory. About 5% is truck traffic, according to the federal data.With Reuters More

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      Phones and iPad of New York mayor Eric Adams were seized by FBI, report says

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      Electronic devices including at least two mobile phones belonging to New York City mayor Eric Adams were seized by the FBI as the agency escalated a corruption investigation into his victorious 2021 campaign, the New York Times reported Friday.It follows an FBI raid earlier this month on the home of Brianna Suggs, Adams’s leading campaign fundraiser, in which agents reportedly confiscated two laptop computers and three cellphones.Previous reports said Adams and his campaign team repeatedly refused regulators’ request to divulge the source of about $300,000 in donations, although it was not clear whether a violation of campaign finance rules was part of the inquiry.According to the Times, FBI agents earlier this week took “at least two cellphones and an iPad” belonging to Adams, days after the 2 November raid on Suggs’s Brooklyn residence.Sources told the newspaper that agents approached Adams in the street and asked his security detail to step away while they entered his vehicle and seized the devices under the authorization of a court-issued warrant.The paper added all the equipment was returned to him “within a matter of days”, noting that the warrant allowed the FBI to copy data contained on the devices.In a statement issued through a spokesperson on Friday afternoon, Adams, a former New York police department captain, said he had been fully cooperative.“As a former member of law enforcement, I expect all members of my staff to follow the law and fully cooperate with any sort of investigation, and I will continue to do that,” he said. “I have nothing to hide.”His campaign attorney, Boyd Johnson, said in his own statement: “The mayor has not been accused of any wrongdoing and continues to cooperate with the investigation.“After learning of the federal investigation, it was discovered that an individual had recently acted improperly. In the spirit of transparency and cooperation, this behavior was immediately and proactively reported to investigators.”Johnson did not elaborate on who the person was or what they were found to have done.The FBI investigation, the two sources told the Times, is looking into whether Adams’s 2021 campaign “conspired with the Turkish government and others to funnel money into its coffers”.The warrant, it said, sought records about donations from Bay Atlantic University, a Washington DC college whose founder is Turkish and is affiliated with a school Adams is said to have visited when he went to Turkey as Brooklyn borough president in 2015.The donations previously reported to be in question came from about 500 different donors, the local New York City news publication the City said.Adams’s campaign counsel, Vito Pitta, said at the time: “The campaign has responded to every notice from [the campaign finance board] as appropriate.”The New York Times said the FBI and the US attorney’s office for the southern district of New York declined comment Friday.Immediately after the raid on the home of Suggs, Adams returned to New York from Washington DC, where he had scheduled meetings with White House and congressional leaders to talk about immigration.He said he did so out of compassion for Suggs, a 25-year-old former intern promoted to be his chief fundraiser.“Although I am mayor, I have not stopped being a man and a human,” he said. More

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      Trump suggests he would use FBI to go after political rivals if elected in 2024

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      Donald Trump has suggested he would use the FBI and justice department to go after political rivals should he return to the White House next year in a move which will further stoke fears of what a second period of office for Trump could mean.Trump made the comments during an interview with the Spanish-language television network Univision. The host Enrique Acevedo asked him about his flood of legal problems saying: “You say they’ve weaponized the justice department, they weaponized the FBI. Would you do the same if you’re re-elected?”“They’ve already done it, but if they want to follow through on this, yeah, it could certainly happen in reverse,” Trump replied. “They’ve released the genie out of the box.“When you’re president and you’ve done a good job and you’re popular, you don’t go after them so you can win an election. They’ve done indictments in order to win an election. They call it weaponization,” Trump added. “But yeah they have done something that allows the next party, I mean if somebody, if I happen to be president and I see somebody who’s doing well and beating me very badly, I say go down and indict them, mostly they would be out of business. They’d be out. They’d be out of the election.”Prosecuting political rivals is a hallmark of authoritarian regimes and Trump’s remarks are the most candid public revelations so far of the anti-democratic power he would bring to a second term as president.The former New Jersey governor Chris Christie, who is challenging Trump but has lagged in the polls, said the remarks were alarming. “This is outrageous,” he said on CNN on Thursday evening.He also warned that unlike Trump’s first presidential term, there would not be lawyers and other officials around Trump to stop his most authoritarian pushes. Trump allies are already preparing an effort to install far-right attorneys in the federal government who can back up Trump’s fringe ideas.“You had good folks like Bill Barr who were keeping him on the rails and stopping him from doing stuff like this at the justice department,” Christie said. “Nobody as good and decent and honest as Bill Barr is gonna agree to be Donald Trump’s attorney general if he ever becomes president again.”The comments also drew rebuke from a CNN panel on Friday morning, which implored Americans not to shrug off Trump’s remarks.Even before Trump’s Univision interview aired on Thursday, the former secretary of state Hillary Clinton said Trump was clearly telegraphing an authoritarian agenda if he returns to the White House and compared him to Adolf Hitler.“Trump is telling us what he intends to do. Take him at his word,” she said on ABC’s The View.“Those aren’t flippant ‘ha-ha funny’ remarks,” Phil Mattingly, CNN’s chief White House correspondent said on air on Friday. “That’s insane.” Elie Honig, the network’s chief legal analyst, agreed and said Americans should “take him at his word”. “If he says he’s gonna do this, I believe him.”Trump is the overwhelming frontrunner in the Republican race for the 2024 nomination and no rival has yet emerged to seriously challenge him. In recent national polls against Joe Biden, Trump has also frequently been shown to be ahead – unnerving many Democrats.He faces a suite of lawsuits in key swing states, including Colorado, Minnesota and Michigan, seeking to bar him from running because of his responsibility for the January 6 attack on the Capitol. The suits argue that section 3 of the 14th amendment bars anyone who previously took an oath to the United States from holding office if they have engaged in insurrection or rebellion against the US constitution.The Minnesota supreme court ruled this week that the state could not block him from appearing on the primary ballot, but left the door open to future challenges.Part of the reason the challengers are bringing these cases is because of the threat a second Trump presidency poses to the US constitution.“The dangers are not merely theoretical. We saw what happened on January 6 2021 and if he’s allowed back into power that might be child’s play compared to what he’ll do in the future,” Ron Fein, the legal director for Free Speech for People, a left-leaning group behind several of the challenges, told the Guardian last week.The Washington Post reported earlier this month that Trump and his allies were already discussing how to use the justice department to prosecute and exact revenge against people who have spoken out against Trump, including former attorney general Bill Barr and his former chief of staff John Kelly.He is also reportedly considering invoking the Insurrection Act on his first day in office, should he win, which would allow him to deploy the military against domestic protesters.Trump faces four separate criminal cases, including two different federal ones dealing with his handling of classified documents and his efforts to overturn the election. Both of those cases were brought by Jack Smith, a justice department special counsel appointed by the attorney general, Merrick Garland, to insulate the cases from political pressure.If Trump wins the election, he would almost certainly fire Smith if the investigation is still ongoing, or pardon himself if he has been convicted. More

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      Sedition Hunters: how ordinary Americans helped track down the Capitol rioters

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      For one rioter at the US Capitol on 6 January 2021, wearing a Caterpillar hoodie proved a bad fashion choice. Admittedly, with an American flag-patterned cap and some shades, the garment helped shield his identity as he manhandled a police officer. Yet it came back to haunt him. Investigators used an app and facial-recognition technology to zero in and eventually got their man: Logan Barnhart, a construction worker in Michigan with a passion for fitness. His résumé included bodybuilding and modeling for romance novel covers. While hitting a punching bag in a workout video, he wore some familiar attire: a Caterpillar sweatshirt. Cue the Dragnet music.There was something else remarkable about this investigation: the sleuths were ordinary Americans, part of a spontaneously formed citizen network volunteering their time to track down Capitol rioters. Now their story is shared in a book that takes its name from the movement, Sedition Hunters: How January 6 Broke the Justice System, by Ryan J Reilly, an NBC News justice reporter.“They were really just random Americans who got together and decided they wanted to do something about what happened on January 6,” Reilly says.Those random Americans did not just identify Barnhart. They sought and found other rioters who stormed the Capitol after Donald Trump refused to accept his 2020 election loss to Joe Biden and invited supporters to rally in Washington on the day Congress was to certify the results. Now, one of the Sedition Hunters, Forrest Rogers, is using his talents to siphon out misinformation of a different sort – as a journalist reporting on the conflict between Israel and Hamas for Neue Zürcher Zeitung, a newspaper based in Zurich.In the wake of January 6, the citizen sleuths proved invaluable to the FBI, which Reilly describes as reeling from the fallout of the riots and overwhelmed by the subsequent federal investigation, the largest in American history, as an initial estimate of 800 rioters entering the Capitol ballooned to more than 3,000.While the FBI approached the task with antiquated technology, the Sedition Hunters had all the latest tools, including the app that helped catch Barnhart, which was designed in a garage by one particular sleuth, known only as Alex in Reilly’s book. Many others did such critical work. Like Alex, “Joan” used an article of clothing to pin down a suspect. In her case, it was a blue-and-white sweatshirt from a school in her home town, Hershey, Pennsylvania, worn by a Capitol window-smasher. Its wearer had also been seen inside but all she had was a nickname: “Zeeker.” Joan searched the school’s Facebook page. Zeeker turned out to be Leo Brent Bozell IV, scion of a conservative dynasty.By the time of Bozell’s arrest, two other people had identified him to authorities. Both knew him. Although there are occasional mentions in the book of people who turned in rioters they knew, the Sedition Hunters focused on tracking down hard-to-find individuals who they had never met.“It was easy to get the person virtually if they posted their own crime, built their own case on a social media post,” Reilly says. “Some of them were making efforts to hide their identity in some way.”In his hoodie, baseball cap and sunglasses, one of many faces in a mob, Barnhart was tough to identify. Alex’s app proved a gamechanger. It created a virtual library of images of the attack collected by the Sedition Hunters, which they could now search to unmask the culprit. Each suspect was given a relevant nickname: Barnhart was “CatSweat”, for his Caterpillar garb. Ironically, an image from the rightwing social media platform Parler delivered the coup de grace. Facial recognition technology confirmed CatSweat as Barnhart. His social media accounts yielded further confirmation: a hat he wore in one photo matched his headgear on January 6. On Twitter, he promised Trump he would “be there” at the Capitol that day.Asked if any of the Sedition Hunters were secretly FBI agents, Reilly discounts the possibility with a quip: “They were way too skilled.” More seriously, he adds: “I think that really is what they brought to bear.”The Sedition Hunters sometimes outperformed their professional counterparts. The FBI made some wrong hits. John Richter, a Biden campaign worker, shared his name with a rioter who reached the Senate floor. Guess who was apprehended first? Although the Democratic Richter convinced them they had the wrong guy, with help from his puppy, two years would pass before the feds arrested the actual rioter.“This guy worked for Joe Biden, got him elected,” Reilly says. “He was probably not the man to look for … Stopping the election of a man he worked for did not make a lot of sense.”Reilly also notes that conservative elements within the FBI supported Trump and were lukewarm on investigating those who rioted for him.“Despite what we heard the past seven or eight years from Donald Trump, at its core, it’s a conservative organization,” Reilly says. “A lot of people generally lean conservative. It does not mean they’re all Trump supporters, but there was a lot of whataboutism in the FBI after the Capitol attacks.”skip past newsletter promotionafter newsletter promotionReilly does provide many examples of FBI personnel acting on tips from the Sedition Hunters. After Joan made her initial identification of Zeeker as Bozell and communicated this to the bureau, she kept scanning images from the riots for that blue-and-white sweatshirt. This uncovered further evidence of his violent actions, which she also transmitted. A special agent thanked her, promised to update prosecutors and made good on that vow, an additional charge against Bozell being brought within 24 hours.Reilly is mindful of some developments still on the horizon. There is a five-year statute of limitations for Capitol rioters – 6 January 2026 – so the window to bring remaining fugitives to justice is about two and a half years wide. There’s a wild card too: what happens if Trump wins the presidency again and decides to issue pardons?“I think it’s very real,” Reilly says of that possibility. “He said he’s going to. To me, it really depends on what the extent is going to be … You can easily see him pardoning everybody who committed misdemeanors, something like that.”Of more serious charges, he adds: “I don’t know across the board.”Who knows what will happen. For now, readers can savor the unheralded work of the Sedition Hunters, best summed up in Joan’s reflection about helping bring Bozell to justice: “He probably would’ve gotten away with it, if it weren’t for those meddling sleuths.”
      Sedition Hunters is published in the US by PublicAffairs More

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      Latest E Jean Carroll lawsuit against Trump limited to damages in victory for writer – live

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      From 1h agoThe judge presiding over E Jean Carroll’s second civil defamation case against Donald Trump said a forthcoming trial will only determine the damages she is to receive from the former president, in a major victory for the writer.Politico obtained a copy of the judgment:Earlier this year, Carroll prevailed in her first lawsuit against Trump when a jury found him liable for sexually abusing her, and ordered him to pay $5m in damages. According to Reuters, the second suit Carroll filed accused Trump of defaming her by denying in 2019 that he had raped her in the mid-1990s.Because of the jury’s finding earlier this year, New York-based federal judge Lewis Kaplan found that Trump made his 2019 statements with “actual malice”, and a jury will only need to decide how much in damages he should pay.Last month, the same judge dismissed a counterclaim filed by Trump against Carroll, an advice columnist.Opening arguments are starting today in the trial of a former White House aide to Donald Trump who is accused of contempt of Congress for defying subpoenas from the January 6 committee, the Guardian’s Hugo Lowell reports:Federal prosecutors are expected to present the case on Wednesday that former Trump White House official Peter Navarro should be convicted of contempt of Congress because he wilfully ignored a subpoena issued last year by the House January 6 committee during the investigation into the Capitol attack.The only standard that prosecutors will have to reach is that Navarro’s failure to comply with the subpoena was deliberate and intentional – and Navarro will not be able to argue in defense that he blew off the subpoena because he thought Donald Trump had asserted executive privilege.Navarro is about to face his contempt of Congress trial without what he had hoped would be his strongest defense, after the presiding US district court judge Amit Mehta ruled last week Navarro had failed to prove Trump had actually asserted executive privilege to block his cooperation.In an added twist, prosecutors also said the day before trial that they intend to argue that Navarro’s claim of executive privilege was actually self-incriminating because it reinforced his failure to comply with the subpoena was calculated and deliberate, according to court documents.That sets the stage for a trial in federal court in Washington which could end in a quick defeat for Navarro given his lack of defenses, though the consequential nature of the case could also mean it immediately becomes tied up for months on appeal.E Jean Carroll’s defamation suit is not the only instance where Donald Trump’s words are getting him into trouble. As the Guardian’s Sam Levine reports, attorneys for special counsel Jack Smith are complaining about the former president’s constant public comments as the federal case against him for trying to overturn his election loss moves forward:Donald Trump is making “daily extrajudicial statements that threaten to prejudice the jury pool” in the federal criminal case dealing with his efforts to overturn the 2020 election, attorneys for special counsel Jack Smith said in a court filing.Trump has not hesitated to criticize the US district judge Tanya Chutkan, who is overseeing the case. He has called her “highly partisan” and “VERY BIASED & UNFAIR,” pointing to her comments sentencing one of the January 6 rioters. Trump has also attacked Smith, calling him “deranged” and someone with “unchecked and insane aggression”.Chutkan has warned Trump’s attorneys about his comments. She has also imposed a protective order in the case, limiting what documents and other materials can be made with the public.“I caution you and your client to take special care in your public statements about this case,” she said to John Lauro, one of his lawyers, during a hearing in August. “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”Here’s more from Reuters on E Jean Carroll’s latest lawsuit against Donald Trump, which seeks damages based on allegations that he raped her in the 1990s, then lied about it two decades later:A federal judge on Tuesday said E Jean Carroll, the New York writer who last month won a $5m jury verdict against Donald Trump for sexual abuse and defamation, can pursue a related $10m defamation case against the former US president.US district judge Lewis Kaplan in Manhattan ruled in favor of the former Elle magazine columnist, after Trump had argued that the defamation case must be dismissed because the jury had concluded he never raped her.Kaplan said he may explain his reasoning later.Through a spokeswoman, Trump’s lawyer Alina Habba maintained that Carroll should not be allowed to change her legal theory supporting the defamation case “at the 11th hour” to conform to the jury verdict.Habba was in Miami, where Trump pleaded not guilty in a separate case to federal criminal charges that he mishandled classified files.Carroll’s lawyer Roberta Kaplan, who is not related to Judge Kaplan, said: “We look forward to moving ahead expeditiously on E Jean Carroll’s remaining claims.”Both of Carroll’s civil lawsuits arose from Trump’s denials that he had raped her in a Bergdorf Goodman department store dressing room in Manhattan in the mid-1990s.On 9 May, a Manhattan jury ordered Trump to pay Carroll $2m for battery and $3m for defamation over Trump’s October 2022 denial.The judge presiding over E Jean Carroll’s second civil defamation case against Donald Trump said a forthcoming trial will only determine the damages she is to receive from the former president, in a major victory for the writer.Politico obtained a copy of the judgment:Earlier this year, Carroll prevailed in her first lawsuit against Trump when a jury found him liable for sexually abusing her, and ordered him to pay $5m in damages. According to Reuters, the second suit Carroll filed accused Trump of defaming her by denying in 2019 that he had raped her in the mid-1990s.Because of the jury’s finding earlier this year, New York-based federal judge Lewis Kaplan found that Trump made his 2019 statements with “actual malice”, and a jury will only need to decide how much in damages he should pay.Last month, the same judge dismissed a counterclaim filed by Trump against Carroll, an advice columnist.In an interview with the Associated Press, Kamala Harris broke the White House’s relative silence on the prosecutions of Donald Trump and others for trying to overturn the 2020 election, and said those responsible for the campaign should be held accountable.“Let the evidence, the facts, take it where it may,” the vice-president in an interview held during a trip to Indonesia, where she is attending a summit of the Association of Southeast Asian Nations.“I spent the majority of my career as a prosecutor,” said Harris, a former attorney general of California. “I believe that people should be held accountable under the law. And when they break the law, there should be accountability.”Biden and other top White House officials have generally stayed mum as prosecutors have indicted Trump for the Mar-a-Lago documents and his campaign to overturn the 2020 election. Two of the cases Trump is facing were brought by Jack Smith, a special counsel appointed by the US attorney general, Merrick Garland, whom Biden nominated for the job.People typically hire lawyers to give them advice on how to handle legal matters. But as ABC News’s report this morning on Evan Corcoran’s recollections of his time representing Donald Trump shows, the former president was not immediately interested in his advice on handling a grand jury subpoena to return whatever classified documents he had at Mar-a-Lago:
      Corcoran and another Trump attorney, Jennifer Little, flew to Florida to meet with Trump. “The next step was to speak with the former president about complying with that subpoena,” Corcoran recalled in a voice memo the next day.
      But while sitting together in Trump’s office, in front of a Norman Rockwell-style painting depicting Ronald Reagan, Gerald Ford, Bill Clinton and Trump playing poker, Trump, according to Corcoran’s notes, wanted to discuss something else first: how he was being unfairly targeted.
      As Corcoran later recalled in his recordings, Trump continuously wandered off to topics unrelated to the subpoena — Hillary Clinton, “the great things” he’s done for the country, and his big lead in the polls in the run-up to the 2024 Republican presidential primary race that Trump would officially join in November. But Corcoran and Little “kept returning to the boxes,” according to the transcripts.
      Corcoran wanted Trump to understand “we were there to discuss responding to the subpoena,” Corcoran said in the memos.
      …
      As Corcoran described it in his recordings, he explained to Trump during that meeting what the former president was facing. “We’ve got a grand jury subpoena and the alternative is if you don’t comply with the grand jury subpoena you could be held in contempt,” Corcoran recalled telling Trump.
      Trump responded with a line included in the indictment against him, asking, “what happens if we just don’t respond at all or don’t play ball with them?”
      The transcripts reviewed by ABC News reveal what Corcoran says he then told Trump. “Well, there’s a prospect that they could go to a judge and get a search warrant, and that they could arrive here,” Corcoran recalled warning the former president as they sat at Mar-a-Lago.
      According to CNN, investigators from special counsel Jack Smith’s office are asking witnesses about fundraising done by Donald Trump’s former lawyer Sidney Powell, and whether it was used to fund efforts to breach voting systems in four swing states:
      According to sources, witnesses interviewed by Smith’s prosecutors in recent weeks were asked about Powell’s role in the hunt for evidence of voter fraud after the 2020 election, including how her nonprofit group, Defending the Republic, provided money to fund those efforts.
      Powell promoted Defending the Republic as a non-profit focused on funding post-election legal challenges by Trump’s team as it disputed results in key states Biden had won. Those challenges and fundraising efforts underpinning them were all based on the premise that evidence of widespread voter fraud was already in hand.
      But according to documents reviewed by CNN and witness testimony obtained by the House select committee that investigated January, 6, 2021, the group was used to fund a desperate search to retroactively back-up baseless claims that Trump’s lawyers had already put forward in failed lawsuits challenging the results in several states.
      A series of invoices and communications obtained by election integrity groups including The Coalition for Good Governance and American Oversight show Defending the Republic contributed millions of dollars toward the push to access voting equipment in key states.
      In a court filing after her indictment in Georgia, Powell denied involvement in the Coffee County breach but acknowledged that “a non-profit she founded” paid the forensics firm hired to examine voting systems there.
      Powell did not respond to CNN’s request for comment.
      Smith’s investigators have also dived deep into the bewildering conspiracy theories that Trump allies pedaled following his election loss to try to convince his supporters that the polls were rigged:
      Smith’s team has specifically asked witnesses about certain conspiracy theories pushed by Powell including that Dominion Voting Systems had ties to former Venezuelan President Hugo Chavez and featured software he used to rig his own election. The software company, Smartmatic, has previously said the turnout in those Venezuelan elections, not the voting system, was manipulated.
      Both Dominion and Smartmatic have said that they are competitors with no corporate links, knocking down the claim pushed by Powell.
      One witness who met with Smith’s team earlier last month, former NYPD Commissioner Bernie Kerik, spoke at length about how Trump allies accessed voting systems in Antrim County, Michigan, shortly after Election Day. Kerik also discussed the origins of a theory that voting machines could switch votes from one candidate to another, according to his lawyer Tim Parlatore.
      Kerik also acknowledged the breach of voting systems in Coffee County during his interview with federal prosecutors, Parlatore told CNN, adding that while his client raised the topic, the conversation did not delve into specifics.
      Kerik and another witness who met with Smith’s team in recent weeks were both asked if Powell was ever able to back-up her various claims of fraud, including conspiracy theories that foreign countries had hacked voting equipment.
      Both were also asked about Defending the Republic and how it was used as a source of funding efforts to find evidence of voter fraud, sources told CNN.
      Good morning, US politics blog readers. New reports have emerged in recent days that offer more details of the legal peril that Donald Trump has found himself in. Weeks after he indicted Trump for trying to overturn the 2020 election, CNN reports that special counsel Jack Smith is continuing his investigation, focusing in particular on attorney Sidney Powell’s activities in Georgia. Powell was last month among the 19 people – Trump included – who were charged by Atlanta-area district attorney Fani Willis in a racketeering indictment over the campaign to block Joe Biden from winning the state’s electoral votes.Separately, ABC News reports this morning that another attorney for Trump, Evan Corcoran, specifically warned the president that if he did not comply with the government’s efforts to retrieve classified documents from Mar-a-Lago, the FBI could search the property. But then another attorney for the former president warned Corcoran that if he continued to press him, Trump is “going to go ballistic”. In June of this year, Smith indicted Trump and his aides on charges related to the documents hidden at the resort.Here’s what’s happening today:
      Officials from border security agencies will appear before a Senate Homeland Security subcommittee to testify about the touchy subject of asylum law at 2.30pm eastern time.
      Secretary of state Antony Blinken snuck away to Kyiv for a surprise visit. Follow our live blog for all the latest news from Ukraine.
      White House press secretary Karine Jean-Pierre briefs reporters at 1pm. More