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      Wednesday briefing: Could the FBI search of Mar-a-Lago be a gamechanger?

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      Wednesday briefing: Could the FBI search of Mar-a-Lago be a gamechanger?In today’s newsletter: After Donald Trump’s Florida home is ‘raided’, legal experts weigh in on whether the documents retrieved could rule him out of a comeback in the 2024 presidential election

      Sign up here for our daily newsletter, First Edition
      Good morning – and apologies for the unfamiliar name in your inbox. With Archie away, they’ve given me a go at First Edition this morning. And where else to start but with Donald Trump and his run-in with the FBI.The Feds weren’t searching for the “love letters” from Kim Jong-un. Those had already been returned by Trump after a back-and-forth with the US National Archives. Nonetheless, when federal investigators raided the former US president’s Mar-a-Lago residence on Monday, they were still looking for documents related to his time in office.Trump has no shortage of legal troubles, but the FBI search was a sharp escalation in the investigation into Trump’s potentially unlawful removal and destruction of White House records after he left office in 2021. And it’s likely to have consequences for the 2024 presidential election – whether the FBI’s action produces criminal charges or not.But why is it happening now and is there actually a chance Trump could be prevented from running for office again? All that, after the headlines.Five big stories
      Cost of living | Boris Johnson has said he is “absolutely certain” his successor will offer help to households, as annual bills were forecast to top £4,200 by January. Tory leadership hopeful Liz Truss, meanwhile, rejects energy bill help as “Gordon Brown economics”.
      Sport | Serena Williams, one of the greatest athletes of all time and a 23-time grand slam singles champion, has announced that she is retiring from professional tennis.
      Climate crisis | The UK is braced for drought conditions until October, with rivers forecast to be low and exceptionally low in central and southern England, according to the UK Centre of Ecology and Hydrology.
      Russia | A Russian airbase in Crimea has been damaged by several large explosions, killing at least one person; it is unknown if it was the result of a long-range Ukrainian missile strike.
      Royal Mail | More than 115,000 UK postal workers are to stage a series of strikes in the coming weeks; the Communication Workers Union (CWU) said it would be the biggest strike of the summer so far to demand a “dignified, proper pay rise”.
      In depth: ‘You don’t start something you can’t finish’Of course, Trump reacted with trademark calm as the FBI marched through Mar-a-Lago. Actually, in a hyperbolic statement, he expressed his anger at the raid: “Such an assault could only take place in broken, Third-World Countries. Sadly, America has now become one of those Countries, corrupt at a level not seen before. They even broke into my safe!”Trump went on to compare the FBI search to Watergate, where individuals with ties to Richard Nixon’s re-election committee burgled the Democratic National Committee headquarters at the Watergate office building in Washington. The former president isn’t totally off to draw on that reference point: the raid took place on the anniversary of Nixon’s resignation in 1974; and Trump is suspected of breaking a law, the Presidential Records Act, brought in during the late 1970s to stop post-Nixon presidents tampering with presidential records.But it’s unlikely that Trump and I talk to the same legal experts.What happenedAgents at the FBI, the US federal crime agency, executed a search warrant at Trump’s home at the Mar-a-Lago resort, Florida, at about 9am on Monday. Sources familiar with the matter told the Guardian that the raid was part of an investigation into the former president’s removal and destruction of White House records after he left office in 2021.Trump was golfing in New Jersey when the search took place. Speaking to Fox News, Trump’s son Eric said he had told his father that the search was taking place and that it was related to presidential documents.This is not the first time that Trump’s treatment of official documents – which presidents are required to preserve – has made the news (see recent pictures of ripped-up notes in the bottom of toilet bowls, above). But it is a significant escalation in the affair.Why the raid took placeThe FBI had a search warrant, issued by a federal judge in Florida. The application for the warrant would have detailed why the bureau wanted access to the property and the type of evidence it expected to find. It also should have specified the items to look for and seize.“The Department of Justice knows that initiating an investigation of a past president, especially one who is still politically active, will be a powder keg,” says Christopher Slobogin, professor of law at Vanderbilt University. “It also knows that if no charges are forthcoming, the department will have major egg on its face given the high-profile nature of this case. You don’t start something like this you can’t finish. The federal judge who issued the warrant knows all of this. So I assume both the DOJ and the judge made absolutely sure they had crossed all their Ts and dotted all their Is before moving forward.”It is not clear whether that warrant was directly related to the apparent disappearance of evidence linked to the 6 January 2021 riot on Capitol Hill. Bob Woodward, of Watergate scoop fame, reported in March that call logs turned over to the House committee investigating the insurrection had an unexplained gap of seven hours and 37 minutes covering the period when the violence was unfolding.But we do know that in February the US chief archivist wrote to Congress. In that letter, he confirmed that the National Archives and Records Administration (Nara), which looks after presidential documents and records, had found classified documents in 15 boxes of materials taken to – and then returned from – Mar-a-Lago. It had then informed the justice department. “Because Nara identified classified information in the boxes, Nara staff has been in communication with the Department of Justice,” wrote the chief archivist, David Ferriero.The oversight committee at the House of Representatives has also opened a separate investigation that noted “removing or concealing government records is a criminal offense”.Christina Bobb, a Trump lawyer and TV host, said she had seen the contents of the search warrant and that the agents were looking for presidential records or classified material. She added that agents seized around a dozen boxes during the raid. The warrant stating the grounds for the search would have been left at Mar-a-Lago when the FBI gained access to the property.In terms of what happens next, Slobogin adds: “The DOJ will look over what it finds, combine it with what it already has, perhaps conduct other searches or seek subpoenas, and then decide whether it wants to proceed to a grand jury, which will decide whether formal criminal charges, in the form of an indictment, should be brought.”What is the Presidential Records Act?Trump has Richard Nixon to thank for the PRA. Congress moved to stop the disgraced ex-president – I’m referring to Nixon here, btw – from destroying his records by passing the Presidential Recordings and Materials Preservation Act.Its descendant is the 1978 Presidential Records Act, which requires presidents and vice-presidents to preserve their records. Those records include everything from official documents to handwritten notes, phone logs, tapes and emails. Destruction of a document requires the archivists’ permission.The purpose of the act, among other things, is to help congress and law enforcement investigate wrongdoing, to keep a record of presidential history and help subsequent incumbents in the White House understand what their predecessors had been up to. The Washington Post reported that Trump was warned about the act early on in his presidency, when his first two chiefs of staff expressed concern about documents being ripped up.On Monday, photographic evidence emerged of wads of paper in White House toilets, embellished with what appeared to be Trump’s telltale handwriting and inscribed with his favourite type of pen: a Sharpie. The photographs were released by the Axios news site in advance of the publication of Confidence Man, a book by the New York Times journalist Maggie Haberman.What it means for Trump and re-electionIt is worth taking a look at US federal law, specifically section 2071 of title 18 of the United States Code. Whoever “wilfully and unlawfully conceals, removes, mutilates, obliterates, or destroys” a government record or document faces a fine or a three-year jail sentence.But here’s the kicker: if you’re convicted, you shall be “disqualified from holding any office under the United States”.This where the raid could be a gamechanger, according to Marc Elias, who was the top lawyer for Hillary Clinton’s 2016 presidential campaign. On Twitter, he flagged the disqualification provision in section 2071 and called the search a “potential blockbuster in American politics”. So could Trump be ruled out of a comeback in the 2024 presidential election?Don’t punch the air just yet. Trump would have to be convicted first and, even then, there are strong legal arguments that the US constitution, not criminal law, sets eligibility criteria for the highest office in the land. Elias admitted later that an attempt to disqualify Trump would be challenged on that basis – it’s a question that could go all the way to the supreme court (which has three Trump appointees on it). Still, he adds, get the popcorn out.What Republicans thinkAs you would expect, Trump’s base has been energised by this. Congresswoman Marjorie Taylor Greene, the extreme rightwing Republican who doesn’t do civic discourse, variously tweeted “DEFUND THE FBI” and “Save America STOP COMMUNISM! Impeach Joe Biden!!”Accusations of a politically motivated stitch-up flew immediately, with the chairwoman of the Republican National Committee, Ronna McDaniel, describing the raid as an “abuse of power”.She added: “Absolute power corrupts absolutely. Countless times we have examples of Democrats flouting the law and abusing power with no recourse. Democrats continually weaponize the bureaucracy against Republicans …”Such language helps position Trump, once again, as an anti-establishment figure being denied a rightful crack at the presidency by those bad people at the Department of Justice and elsewhere. Hours after fulminating at the search, he posted a campaign video on his Truth Social network. It was filmed before the search but contained lines that will be an obvious narrative for a presidential run.“We’re a nation that has weaponized its law enforcement against the opposing political party like never before. We’ve never seen anything like this. We’re a nation that no longer has a free and fair press. Fake news is about all you get. We are a nation where free speech is no longer allowed.”Barack Obama’s former strategy guru, David Axelrod, knows a thing or two about when a political narrative is being shaped. “This is why Trump is going to run. He wants to portray any criminal probe or prosecution as a plot to prevent him from once again becoming Potus. Many of his followers will believe it – as they did his lies about the last election.”Our Washington DC bureau chief, David Smith, says the FBI action already seems to have galvanised Trump and the Republican party. “The general rule with Trump is, what does not kill him makes him stronger. In the hours since news of the FBI raid emerged, it’s been unnerving to see the Republican party rally around him. Even foes such as Mitch McConnell, the Senate minority leader, and Mike Pence, the former vice-president who split with Trump over the January 6 insurrection, have expressed concern over the FBI’s actions and demanded answers.“Potential rivals for the 2024 Republican nomination such as Florida governor Ron DeSantis have done likewise, asserting without evidence that it’s political persecution by the ‘deep state’ – the word of the day has been ‘weaponisation’. They realise they have to stay in lockstep with the Make America Great Again base,” says Smith. “And Trump and other Republicans are fundraising off the raid. It’s been galvanising for him and increases the likelihood of him running for president again – unless, of course, he is prosecuted, charged and put on trial.”Perhaps the search could end up being to Trump’s benefit.What else we’ve been reading
      Steve Jobs’s favourite designer and king of micro-pleating, Issey Miyake, died yesterday. I learned much about him in this warm tribute in Esquire. Hannah J Davies, deputy editor, newsletters
      Shaun Walker spoke with Ukrainian refugees in Warsaw and Budapest – many of them women, children and elderly people – about their anguish at being away from home and their new lives in safe houses and shelters. Craille Maguire Gillies, production editor, newsletters
      I am a lifelong lover of the humble spud – fried, roasted or otherwise. Nigel Slater’s recipe for warm potato salad with smoked salmon is everything that I love about his cooking: classy comfort food that makes life feel better and, says Slater, “sumptuous” in a wrap. Hannah
      Saudi crown prince Mohammed bin Salman’s insatiable ambition is put in chilling context by the Economist in its Editor’s Picks podcast, a weekly selection of stories from the magazine. Craille
      The Guardian’s chief culture writer Charlotte Higgins writes entertainingly about seeing her 2013 book Under Another Sky: Journeys in Roman Britain reimagined on stage – as a romcom. Hannah
      SportAthletics | Jessica Ennis-Hill’s former coach Toni Minichiello has been banned for life from training athletes after an investigation found he had engaged in sexually inappropriate behaviour, emotional abuse and bullying.Football | Rangers have reached the Champions League play-off with a thrilling 3-0 win over Union Saint-Gilloise to go through on a 3-2 aggregate.Tennis | Tumaini Carayol pays tribute to one of the greatest athletes ever, after Serena Williams announced her decision to retire from sport: “Over her 27‑year career, Williams set the marker that matters for all who follow her, no asterisks needed.” The front pagesThe Guardian’s lead today is “Johnson: new PM ‘certain’ to bail out households over cost of living”. The Metro has “Wake up zombies” as Martin Lewis the “consumer champ” calls for the government to act over energy bills. The i says “Truss softens on ‘handouts’ for cost of living” while the Express offers its endorsement – “In Liz we trust” – leading with a comment piece to that effect by Leo McKinstry. The Times has “Universities blacklist ‘harmful’ literature”. The Telegraph has “Inflation stealth tax of £30bn looms” – it says millions of people face being dragged into higher tax bands. The Financial Times reports “New powers to override City regulators win Truss backing”, which it calls a “Rare show of policy unity with Sunak”. The Mail’s splash is “Minority of babies now born to married couples”. The Mirror’s front-page lead concerns ex-footballer Ryan Giggs, who is on trial in Manchester on charges of assault and coercive and controlling behaviour, which he denies. “‘Giggs cheated on me with 8 women’” is their headline, while the Sun has “He came at me & headbutted me. I could taste blood”. The trial is expected to last two weeks.Today in FocusThe UK’s energy-bill crisis explainedBig oil companies are making record profits while consumer energy bills soar. Finance reporter Jasper Jolly explains why.Cartoon of the day | Martin RowsonThe UpsideA bit of good news to remind you that the world’s not all badCBeebies is taking on Shakespeare – and the premise is not as daft as you might think. They’ve tackled the Proms and, for the last few years, a shortened Shakespeare, all of which is performed on stage and then broadcast later. This year it is partnering with London’s Globe theatre on a new production of As You Like It for the under-sixes – with some non-binary casting, but minus the melancholy subplots – which will run until tonight and be screened next year. Catherine Shoard has entertaining conversations with the Globe director Michelle Terry – who’s on a mission to demystify Shakespeare, “the earlier the better” – and CBeebies actors including Steven Kynman: “You cannot fool children. They will see through you. They’re like sniffer dogs for insincerity.”Sign up here for a weekly roundup of The Upside, sent to you every SundayBored at work?And finally, the Guardian’s crosswords to keep you entertained throughout the day – with plenty more on the Guardian’s Puzzles app for iOS and Android. Until tomorrow.
      Quick crossword
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      TopicsDonald TrumpFirst EditionUS politicsFloridaFBIJanuary 6 hearingsUS CongressRepublicansnewslettersReuse this content More

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      Congressman and Trump ally Scott Perry says FBI seized his cellphone

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      Congressman and Trump ally Scott Perry says FBI seized his cellphoneRepublican’s phone could be relevant to bid to overturn 2020 election and mishandling of official records Federal investigators seized the cellphone of the Republican congressman Scott Perry on Tuesday, his office said, suggesting the justice department is examining the communications of a close ally of Donald Trump and person of interest to the House January 6 select committee.The move by the FBI to take Perry’s phone came a day after federal agents executed a search warrant on Trump’s Mar-a-Lago residence and seized boxes of documents, though it was not clear whether the two events were connected.Perry, the prominent Republican from Pennsylvania who is also the chair of the ultra-conservative House Freedom Caucus and has been subpoenaed by the select committee, confirmed that his phone was taken by federal investigators in a statement earlier reported by Fox News.“This morning, while traveling with my family, 3 FBI agents visited me and seized my cell phone. They made no attempt to contact my lawyer, who would have made arrangements for them to have my phone if that was their wish,” Perry said in the statement.“My phone contains info about my legislative and political activities, and personal/private discussions with my wife, family, constituents, and friends. None of this is the government’s business.”The congressman – one of Trump’s most vociferous defenders on Capitol Hill – compared the seizure of his phone to the FBI’s search of Trump’s Palm Beach resort, claiming, without evidence, that the moves were politically motivated overreach by the Biden administration.“As with President Trump last night, DoJ chose this unnecessary and aggressive action instead of simply contacting my attorneys. These kinds of banana republic tactics should concern every citizen,” Perry said of the court-approved warrant used by the FBI.FBI raid of Trump’s estate prompts Republican anger and 2024 speculationRead moreThe circumstances surrounding the seizure of Perry’s phone could not immediately be established, and a spokesman for Perry did not respond to questions about the nature of the criminal investigation under which the FBI took his device.But Perry has come under increased scrutiny in recent months over Trump’s efforts to overturn the 2020 election results, with respect to his roles in objecting to the certification of Joe Biden’s election win and in seeking to remove top justice department officials.The congressman has refused to testify to the select committee to answer questions about those issues, despite the subpoena. His lawyer, John Rowley – also representing Trump himself – has said Perry did “nothing improper” with respect to the Capitol attack.Still, the seizure of his phone appears to suggest that Perry’s communications have become ensnared in a criminal investigation. According to the select committee, Perry is also among several House Republicans who sought a pre-emptive pardon from Trump after the January 6 insurrection.TopicsFBIRepublicansUS politicsDonald TrumpUS CongressHouse of RepresentativesnewsReuse this content More

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      FBI raid of Trump’s estate prompts Republican anger and 2024 speculation

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      FBI raid of Trump’s estate prompts Republican anger and 2024 speculationTrump is believed to be pursuing a presidential run in 2024, and many calculate the Mar-a-Lago raid would benefit him politically Shockwaves spread across America in response to the news that the FBI had searched the private Florida residence of Donald Trump, a dramatic and unprecedented move that prompted threats of retaliation from the former US president and his allies.It also brought calls for accountability from his opponents and inspired speculation about what it could mean for Trump’s plans to run for the White House again in 2024, as some suggested it may prompt him to announce a candidacy before vital midterm elections in November.The court-authorized raid on Trump’s Mar-a-Lago estate appeared to be related to a long-running investigation into whether he mishandled classified government documents when he left the White House in 2021.In the hours after Trump announced on Monday evening that his “beautiful home, Mar-A-Lago in Palm Beach, Florida, is currently under siege, raided, and occupied by a large group of FBI agents”, top Republicans rallied to his defense, as America’s already divided politics roiled with reaction.Kevin McCarthy, the House minority leader, threatened to investigate the justice department if his party wins control of the chamber next year, which forecasts suggest is probable.“I’ve seen enough,” the California Republican wrote in a statement that he posted online. “The Department of Justice has reached an intolerable state of weaponized politicization.”He went further, hinting that should he wield the gavel next year, House Republicans would open a congressional investigation into the attorney general, Merrick Garland. “Attorney General Garland, preserve your documents and clear your calendar,” he wrote.Democrats, who have pushed the department to bring criminal charges against the former president for his role in the January 6 attack on the US Capitol, welcomed the raid.“It is a horrible precedent for the Department of Justice to investigate a former president of the United States,” said congressman Ted Lieu, a Democrat from California who was a manager during Trump’s second impeachment trial. “The only worse precedent would be for @TheJusticeDept not to investigate because the person happens to be a former President. No one is above the law.”Democrats also accused Republicans of hypocrisy after years of calling for the prosecution of Hillary Clinton, Trump’s 2016 Democratic rival in the presidential race, over questions of whether she mishandled classified information by using a private email server. Trump sought to exploit the investigation and encouraged chants of “lock her up” during campaign rallies.Referring to McCarthy, Congressman Don Beyer, a Democrat from Virginia, said: “This man and his fellow bootlickers hid under a rock rather than respond every time Donald Trump called for persecution, investigation, imprisonment or violence against his political opponents.“These same people talk about Trump like he’s above the law. He’s not above the law.”The FBI’s presence at Mar-a-Lago in Palm Beach on Monday was reportedly related to its investigation into whether Trump unlawfully took classified documents from the White House to his Florida residence rather than turn them over to the National Archives. Some Democrats have gleefully pointed out that a possible, albeit unlikely, punishment for mishandling sensitive government documents is disqualification from holding future federal office.What exactly federal investigators were looking for remains unclear. But to obtain the search warrant, investigators would have had to show a judge that they had probable cause of a crime and that there was relevant evidence located at Mar-a-Lago. Trump, who disclosed the search in a furious statement, said investigators had entered his home and opened a safe.Given its unprecedented and political nature, legal experts speculated that investigators would probably have sought authorization from the highest levels of the justice department.Many also noted that Trump would have been shown a copy of the warrant, but has chosen not to make that information public.In an interview on Fox News on Monday night, Trump’s son, Eric Trump, said that the search happened because “the National Archives wanted to corroborate whether or not Donald Trump had any documents in his possession”.Lashing out at the FBI, the younger Trump said he believed the raid was an attempt to prevent his father from running again in 2024.“Honestly, I hope – and I’m saying this for the first time – I hope he goes out and beats these guys again because honestly, this country can’t survive this nonsense,” he said. “It can’t.”Trump is widely believed to be pursuing a presidential run in 2024, and many speculated that the raid would benefit him politically. Some suggested that it would fuel his supporters’ suspicion of federal law enforcement officials, whom Trump and his allies have long disparaged as corrupt and biased and part of an anti-Trump conspiracy they call the “deep state” – although former aide Steve Bannon has dismissed the concept of the deep state. It also served to rally his allies and potential 2024 Republican rivals to his side.Ron DeSantis, the Florida governor viewed as a possible contender in 2024, said the search of Trump’s beachside property was “another escalation in the weaponization of federal agencies against the Regime’s political opponents”.Despite insinuations by Republicans that Biden was behind the raid, the White House said it was unaware of the search before it happened.“The president and the White House learned about this FBI search from public reports,” the White House press secretary, Karine Jean-Pierre, said on Tuesday. “We did not have advance notice of this activity.” She added that as president, Biden vowed to restore the independence of the justice department after years of Trump’s efforts to pressure his attorneys general to advance his agenda.The Florida search is far from the only legal trouble facing the former president, all of which he has cast as political witch-hunts.The justice department is also investigating the January 6 riot and efforts to overturn the 2020 presidential election that Trump groundlessly claimed was stolen. It remains unclear whether Trump is a target of the inquiry.In Georgia, a prosecutor in Atlanta is looking into a phone call Trump made to the state’s secretary of state in which he pressured him to “find” just enough votes to reverse Biden’s 2020 victory in the state. And in New York, the state attorney general, Letitia James, is leading an investigation into Trump’s family business.In another blow, the DC circuit court of appeals ruled on Tuesday that the House ways and means committee can obtain Trump’s tax returns from the Internal Revenue Service, a decision the House speaker, Nancy Pelosi, hailed as a “victory for the rule of law”.As news of the Mar-a-Lago search reverberated across the country, a crowd swelled outside Trump’s upmarket private resort club and residence, where supporters waved American flags and some showcased campaign signs with Mike Pence’s name crossed out.Online, far-right Trump supporters raged against the FBI’s search of Mar-a-Lago. In the hours after the disclosure, references to “civil war” spiked on Twitter while Maga and QAnon forums lit up with violent rhetoric and threats of civil unrest, alarmingly similar, analysts and reporters said, to the kind of activity observed on these platforms in the lead-up to the January 6 insurrection. The top comment ​​on a pro-Trump message board was “Lock and load.”TopicsMar-a-LagoDonald TrumpFBIRepublicansUS politicsnewsReuse this content More

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      The Guardian view on the FBI search of Trump’s Mar-a-Lago: what’s past is prologue | Editorial

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      The Guardian view on the FBI search of Trump’s Mar-a-Lago: what’s past is prologue EditorialThe seizure of documents on Monday relates to records of Donald Trump’s presidency, but may help to shape the political future The FBI’s search of and seizure of documents from Donald Trump’s Mar-a-Lago resort in Florida is not only dramatic and serious, but unprecedented: no other former president has faced such an action. Yet Mr Trump’s ability to survive and thrive politically on similar moments is also without precedent. Even when damaging evidence emerges, he has walked away largely unscathed in the eyes of his base, while the US itself has been diminished. Nor has he yet experienced legal consequences for his actions in office.Monday’s search was reportedly part of the ongoing investigation examining his potentially unlawful removal and destruction of White House documents. Accurately recording the actions of a country’s executive is part of democratic accountability. But this investigation will also help to determine the future: first, and most importantly, because upholding standards maintains the difference between honest and transparent systems and dishonest and unaccountable ones, and second, through its electoral impact.Mr Trump has long been known for extreme carelessness at best regarding records. Earlier this year, a senior official said that “he never stopped ripping things up”, and a new book will report that White House staff believed he clogged toilets by attempting to flush away wads of paper. In February, 15 boxes of documents and other items were retrieved from Mar-a-Lago by the National Archives. The legal requirements for a search such as Monday’s are substantial, and the likely fallout such that it was almost certainly approved by the attorney general, Merrick Garland, who is known for his caution. It is hard to imagine that mementoes of office were all that was at stake.Moreover, this is only one of multiple investigations involving Mr Trump, and not the most important. The Department of Justice has expanded its investigation into the storming of the Capitol on 6 January 2021 to cover his statements and behaviour, as well as requesting evidence from the House select committee’s inquiries.The search comes on top of a welcome streak of good news for Joe Biden, albeit not yet enough to provide the kind of shift in polling that Democrats need before November’s midterms. Yet Mr Trump has prospered by weaponising such moments. (It is typical that he should invoke Watergate, thinking not of presidential wrongdoing, but the illegal break-in at Democratic headquarters.) Just as worryingly, senior Republicans have again rallied to him as a Maga martyr pursued by a “witch-hunt”, with no shame about their desire to “lock her up” when the FBI investigated Hillary Clinton over her use of a private email server as secretary of state. Beyond that, 6 January was horrifying evidence of the peril of deep political divides mutating into outright violence and attacks upon democratic institutions.It is surely not narcissism alone which impels the former president to signal that he wants to run again. A campaign would not prevent him being prosecuted (and it is far from clear that conviction under the law on removing official records would bar him from office, as some hoped). But it would raise the political stakes, and might lead to him enjoying presidential immunity again. If he believes he is in a race with investigators, he may be prompted to make an early announcement.Nonetheless, pursuing Mr Trump over serious allegations is essential. To simply ignore potential crimes because the investigations might be exploited politically would amount to granting de facto immunity to those who stir up the most turmoil. Worse, if action is not taken now, it could become impossible in a second Trump term, under a president and aides who have already shown their eagerness to eradicate the country’s checks and balances, and who will have learned better how to do so.TopicsDonald TrumpOpinionUS politicsFBIeditorialsReuse this content More

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      Finally, Donald Trump's misdeeds are catching up with him | Richard Wolffe

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      Finally, Donald Trump’s misdeeds are catching up with himRichard WolffeThe FBI Mar-a-Lago search suggests that the former president is no longer living in a protective bubble For a party that loves to stand on the thin blue line, Donald Trump is a curiously crooked leader. Here is a party, a grand old one, that is merrily revving up the old scare machine about crime in time for November’s congressional elections. Yet its likely presidential nominee finds the whole notion of laws and law enforcement an entirely alien concept – intended literally for aliens.Never mind that he may have broken multiple laws in taking classified materials to his private residence after leaving office. Never mind that he apparently flushed papers down the presidential toilet in breach of record retention laws, if not the plumbing protocol of half of the country.Trump is most outraged by the obviously criminal gang of people pretending to catch criminals, otherwise known as the Federal Bureau of Investigation. “Such an assault could only take place in broken, third world countries,” he said, elevating such countries from the shithole status he previously conferred on them.FBI seizes documents at Donald Trump’s Mar-a-Lago home – live reactionRead more“They even broke into my safe! What is the difference between this and Watergate, where operatives broke into the Democrat National Committee? Here, in reverse, Democrats broke into the home of the 45th President of the United States.”Well, Mr President, that’s quite an interesting question.Watergate was a criminal act ordered by an almost-impeached president, whereas Mar-a-Lago is the home of a twice-impeached president. Easy to confuse the two, obviously. Watergate is the tasteless home of ageing has-beens who hanker after the 1970s and 1980s. Mar-a-Lago is a spiritual twin.Sources close to the FBI (normally the secret code for the FBI press office) say that Monday’s raid was concerned with finding any more of those rogue records that mysteriously accompanied Trump to Florida. Trump somehow purloined 15 boxes of materials requested by the National Archives.In the hands of any other president, these records might have helped with the writing of those all-important presidential memoirs. But in the tiny hands of Donald Trump, they are unlikely to be intended for book-writing purposes. After all, his ghostwriter Tony Schwartz famously doubted that Trump had ever read an entire book in his adult life – not even the ones published under his name.That leads us to speculate what kind of probable cause the FBI has to seek a warrant to bust open Trump’s safe. The pressing needs of the National Archives are almost certainly not the foundation for this particular exercise of law enforcement powers.We obviously could speculate about the kind of papers the FBI might be looking for. There has been a singular tear in the time-space continuum around the person of Donald Trump on January 6 last year. Secret service texts have disappeared down digital wormholes, along with Pentagon records. Presidential call logs appear mysteriously blank.Perhaps the entire contents of the phone of Alex Jones might have prompted some new lines of inquiry. Or perhaps it was the sight of Trump’s fine profile at the Saudi-funded golfing boondoggle at his very own country club turned cemetery.Ours is not to question the motive or the conduct of the fine boys and girls who stand between us and the criminal elements destroying our civilization.Just listen to Trump’s own home-state senator, “Little” Marco Rubio, who just entertained the Senate with a rousing speech against the climate change bill that might stop Florida from disappearing into the ocean. In between talking about his cancelled flight and a Cuban bakery he loved, Rubio said he overheard a few regular people complaining about inflation, immigration and – worst of all – rampant crime.“I’m telling you that what the people by the millions, registered to vote, people that voted for Biden, people that voted for Trump, I’m telling you what they are worried about is the fact that the streets and many cities in this country have been turned over to criminals,” he claimed. “There are prosecutors funded by Soros who refuse to put people in jail. They won’t do it. Entire categories of crime they won’t even prosecute.”Well thank goodness the United States Department of Justice is not funded by the great boogeyman of antisemites the world over. Thank goodness it has finally recognized the entire category of crime known as the corrupt and seditious acts of a former president called Trump.FBI searches Donald Trump’s Mar-a-Lago home and seizes documentsRead moreBecause, seriously, we were getting worried that there was some kind of protective bubble that allowed all sorts of stuff to happen in Mar-a-Lago. A bit like international sports organizations in Switzerland.This latest turn of the screw leaves Trump’s cultish lackeys – sorry, Republican leaders – in a bit of a pickle. Given a choice between following the rule of law or the whims of a sociopathic narcissist with no scruples, the choice is obvious for the party of law and order.Almost the entire body of elected Republican officials in the nation’s capital, with a tiny handful of notable exceptions, find it impossible to muster a single word to condemn the ringleader of the brutal attack on the police who protected their lives and limbs on January 6.“These are dark times for our nation, as my beautiful home, Mar-a-Lago in Palm Beach, Florida, is currently under siege, raided, and occupied by a large group of FBI agents,” Trump said, helpfully distinguishing his own residence from an identically named bungalow in Boise, Idaho.“Nothing like this has ever happened to a President of the United States before,” he added, before bleating on about Hillary Clinton’s emails.Who wants to tell him that his presidency vanished almost 18 months ago, along with a justice department that could not prosecute him, a white nationalist mob intent on murdering his vice-president, and a bunch of fake electors ready to commit treason?Trump is a unique figure in our lifetime of American presidents. The clear and present danger is that he might not be the last.
      Richard Wolffe is a Guardian US columnist
      TopicsUS politicsOpinionDonald TrumpMar-a-LagoFBIcommentReuse this content More

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      in US Politics

      US disrupts global ‘botnet’ controlled by Russian military intelligence, DoJ says

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      US disrupts global ‘botnet’ controlled by Russian military intelligence, DoJ saysAttorney general also announces charges against Russian oligarch Konstantin Malofeyev for sanctions violations The US has disrupted a global “botnet” controlled by Russia’s military intelligence agency, Attorney General Merrick Garland announced on Wednesday.A botnet is a network of hijacked computers used to carry out cyberattacks. “The Russian government has recently used similar infrastructure to attack Ukrainian targets,” Garland told reporters at the justice department.“Fortunately, we were able to disrupt this botnet before it could be used. Thanks to our close work with international partners, we were able to detect the infection of thousands of network hardware devices.“We were then able to disable the GRU’s [the military intelligence agency] control over those devices before the botnet could be weaponised.”The attorney general also announced charges against Russian oligarch Konstantin Malofeyev for sanctions violations. He said the billionaire had been previously identified as a source of financing for Russians promoting separatism in Crimea and providing support for the so-called Donetsk People’s Republic in eastern Ukraine.“After being sanctioned by the United States, Malofeyev attempted to evade the sanctions by using co-conspirators to surreptitiously acquire and run media outlets across Europe,” Garland said.The indictment is the first of a Russian oligarch in the US since the Russian invasion of Ukraine.In a related move, a federal court in the southern district of New York unsealed a criminal indictment against TV producer John Hanick, 71, a US citizen charged with violations of sanctions and false statements because of his work for Malofeyev over several years.Matthew Olsen, assistant attorney general of the justice department’s national security division, said: “The defendant Hanick knowingly chose to help Malofeyev spread his destabilizing messages by establishing, or attempting to establish, TV networks in Russia, Bulgaria and Greece, in violation of those sanctions.”Last month Garland, who is America’s top law enforcement official, announced the launch of Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions against Russia over its invasion of Ukraine.He vowed on Wednesday: “Our message to those who continue to enable the Russian regime through their criminal conduct is this: it does not matter how far you sail your yacht, it does not matter how well you conceal your assets, it does not matter how cleverly you write your malware or hide your online activity.“The justice department will use every available tool to find you, disrupt your plots and hold you accountable.”Garland, whose grandparents fled antisemitism at the border of western Russia and eastern Europe more than a century ago, acknowledged horrific images that emerged from Bucha in Ukraine his week. “We have seen the dead bodies of civilians, some with bound hands, scattered in the streets. We have seen the mass graves. We have seen the bombed hospital, theatre and residential apartment buildings.“The world sees what is happening in Ukraine. The justice department sees what is happening in Ukraine. This department has a long history of helping to hold accountable those who perpetrate war crimes.”He noted that one of his predecessors, Attorney General Robert Jackson, later served as a chief American prosecutor at the Nuremberg trials after the second world war. “Today, we are assisting international efforts to identify and hold accountable those responsible for atrocities in Ukraine and we will continue to do so.”TopicsMerrick GarlandFBIRussiaUkraineEuropeUS politicsnewsReuse this content More

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      in Elections

      Threats against US lawmakers rose ahead of 6 January anniversary, agency says

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      Threats against US lawmakers rose ahead of 6 January anniversary, agency saysFBI and DHS flagged content that could ‘inspire violence by lone offenders against government officials’ The US Department of Homeland Security (DHS) has warned of an increase in extremist content and threats against US lawmakers in the days leading up to the anniversary of the 6 January insurrection, according to a memo obtained by the Guardian.Historians mark 6 January with urgent warning on threats to US democracyRead moreThe memo, sent on Thursday to state and local law enforcement, said that DHS had no indication of a specific and credible plot, but that the agency and the FBI had “identified new content online that could inspire violence, particularly by lone offenders, and could be directed against political and other government officials, including members of Congress, state and local officials, and high-profile members of political parties, including in locations outside of [Washington DC]”.John Cohen, the head of DHS’s office of intelligence and analysis, outlined a range of content on “extremist related platforms” that was concerning.In one instance, an “unknown individual” posted a video online listing 95 members of Congress who, the video claimed, were involved in voting to certify the “fraudulent” presidential election, echoing far-right misinformation that has spread since last year. The video called for the Congress members to be hanged in front of the White House and was posted on a forum that hosts QAnon conspiracy theories and was reposted by Telegram users and on blogs.The video was viewed more than 60,000 times across platforms, the memo said. Cohen also warned of a separate posting that referenced 6 January “as an appropriate day to conduct assassinations against named Democratic political figures, including [the president], because of the perceived fraudulent election”.The US Secret Service, the Capitol Police and the DC Metropolitan Police agencies were aware of the online activity and have initiated investigations “as appropriate”, Cohen wrote in the memo, adding that the Federal Protective Service had also expanded patrols in and around federal facilities across the US. The memo comes amid reports of a sharp rise in threats against lawmakers over the last year.DHS had recently warned that the US was facing a heightened threat environment across the country, as threat actors “continue to exploit online forums to influence and spread violent extremist narratives and promote violent activity”. The agency said it would continue to monitor the uptick in threats in the coming days.After federal authorities were criticized last year for failing to act on warning signs on social media before the 6 January attack, DHS established a new domestic terrorism branch in its intelligence office, which has been focused on expanded tracking of online threats.Earlier on Thursday, Joe Biden denounced Donald Trump for spreading a “web of lies” about the 2020 election and accused Trump and his allies of holding a “dagger at the throat of American democracy”.TopicsUS Capitol attackFBISecret ServiceThe far rightUS politicsnewsReuse this content More