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      FBI finds no classified papers in search of Biden’s Delaware beach home

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      FBI finds no classified papers in search of Biden’s Delaware beach homeBiden’s lawyer says planned search has concluded with FBI taking some materials from his time as vice-president The FBI found no classified-marked documents during a planned search of Joe Biden’s vacation home in Rehoboth Beach, Delaware, on Wednesday, a person familiar with the matter said, as federal investigators continued to look into the potential mishandling of classified information.FBI searches Biden’s Delaware beach home in documents investigation – live updatesRead moreThe search was consensual and performed with the cooperation of Biden and his legal team, who previously searched the property and found no marked documents.The FBI took some materials and handwritten notes from Biden’s time as vice-president.In a statement earlier on Wednesday announcing the search, Biden’s personal lawyer, Bob Bauer, said: “Today, with the president’s full support and cooperation, the Department of Justice is conducting a planned search of his home in Rehoboth, Delaware.“Under DoJ’s standard procedures, in the interests of operational security and integrity, it sought to do this work without advance public notice, and we agreed to cooperate.”Biden has voluntarily allowed the justice department to search his properties in recent weeks, as investigators seek to determine how classified-marked documents from Biden’s time as vice-president and senator ended up in private office space and inside his residence.The department opened an investigation after the 2 November discovery by Biden’s personal lawyers of classified-marked documents in his office at the University of Pennsylvania Biden Center in Washington, a thinktank where he was an honorary professor until 2019.Biden’s lawyers found additional documents at his residence in Wilmington, Delaware. The FBI searched the Penn Biden Center in mid-November, as well as Biden’s Wilmington home on 20 January, when agents took possession of more documents and some handwritten notes.On Wednesday, a spokesperson for the justice department declined to comment on the FBI action.On conclusion of the search, Bauer said the “planned search of the president’s Rehoboth residences, conducted in coordination and cooperation with the president’s attorneys, has concluded. The search was conducted from 8.30am to noon. No documents with classified markings were found.“Consistent with the process in Wilmington, the DoJ took for further review some materials and handwritten notes that appear to relate to [Biden’s] time as vice-president.”The president’s cooperative stance as the investigation has progressed – and as the attorney general, Merrick Garland, appointed a Trump justice department official, Robert Hur, as special counsel – stands in stark contrast to the parallel investigation into Donald Trump.Trump remains the subject of an investigation overseen by another special counsel, Jack Smith, the former head of the justice department public integrity section, who is examining possible unauthorised retention of national security materials and obstruction of justice.The department has indicated a particular focus on obstruction, noting that Trump and his lawyers did not fully comply with a grand jury subpoena last May, seeking the return of all classified-marked documents that led to an FBI search of Mar-a-Lago in August.The FBI seized around 100 documents bearing classification markings, which the justice department has contended should have been returned to the government under the subpoena, which sought all such marked papers regardless of whether they had been declassified, as Trump has suggested they were.For months, Trump also resisted conducting a search for any classified documents the department suspected were still in his possession, even after the FBI seized classified materials. That second search turned up at least two more classified documents.By contrast, the classified documents found last year at the Biden office in Washington were returned to the National Archives as soon as they were discovered, as the office was being closed down.Trump’s vice-president, Mike Pence, was recently discovered to have classified-marked documents at his home in Indiana. Pence’s lawyer immediately alerted authorities and returned the materials to the government.TopicsJoe BidenUS politicsFBInewsReuse this content More

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      FBI’s opposition to release Leonard Peltier driven by vendetta, says ex-agent

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      FBI’s opposition to release Leonard Peltier driven by vendetta, says ex-agentExclusive: retired FBI agent Coleen Rowley calls for clemency for Indigenous activist who has been in prison for nearly 50 years The FBI’s repeated opposition to the release of Leonard Peltier is driven by vindictiveness and misplaced loyalties, according to a former senior agent close to the case who is the first agency insider to call for clemency for the Indigenous rights activist who has been held in US maximum security prisons for almost five decades.Coleen Rowley, a retired FBI special agent whose career included 14 years as legal counsel in the Minneapolis division where she worked with prosecutors and agents directly involved in the Peltier case, has written to Joe Biden making a case for Peltier’s release.“Retribution seems to have emerged as the primary if not sole reason for continuing what looks from the outside to have become an emotion-driven “FBI Family” vendetta,” said Rowley in the letter sent to the US president in December and shared exclusively with the Guardian.Rowley added: “The focus of my two cents leading to my joining the call for clemency is based on Peltier’s inordinately long prison sentence and an ever more compelling need for simple mercy due to his advanced age and deteriorating health.”“Enough is enough. Leonard Peltier should now be allowed to go home.”Peltier, an enrolled member of the Turtle Mountain Chippewa tribe and of Lakota and Dakota descent, was convicted of murdering two FBI agents during a shootout on the Pine Ridge reservation in South Dakota in June 1975. Peltier was a leader of the American Indian Movement (AIM), an Indigenous civil rights movement founded in Minneapolis that was infiltrated and repressed by the FBI.Rowley refers to the historical context in which the shooting took place as “…the long-standing horribly wrongful oppressive treatment of Indians in the U.S. [which] played a key role in putting both the agents and Peltier in the wrong place at the wrong time.”The 1977 murder trial – and subsequent parole hearings – were rife with irregularities and due process violations including evidence that the FBI had coerced witnesses, withheld and falsified evidence.Peltier, now 78, has been held in maximum security prisons for 46 of the past 47 years. He has always denied shooting the agents. Last year, UN experts called for Peltier’s immediate release after concluding that his prolonged imprisonment amounted to arbitrary detention.In an exclusive interview with the Guardian about her intervention, Rowley, who retired in 2004, said that for years new agents were “indoctrinated” with the FBI’s version of events.“The facts are murky, and I’m not going to say either narrative is correct. I wasn’t there. But I do know that if you really care about justice, then the real issue now is mercy, truth and reconciliation. To keep this going for almost 50 years really shows the level of vindictiveness the organisation has for Leonard Peltier.”“The bottom line is there are all kinds of problems in the intelligence service which by and large never get corrected for the same reasons: group conformity, pride, and an unwillingness to admit mistakes so systemic problems are covered up and never fixed,” said Rowley, a 9/11 whistleblower who testified to the senate about FBI failures in the terrorist attacks.Nick Estes, an assistant professor of American Indian studies at the University of Minnesota, said Rowley’s support of Peltier’s clemency was “historic”.“She is trying to dispel a myth that is deeply embedded into the culture of the FBI… handed down through indoctrinating young recruits such as Rowley about Peltier’s unquestionable guilt and the FBI’s supposed blamelessness during the reign of terror on the Pine Ridge Indian reservation,” said Estes, a volunteer with the International Leonard Peltier Defense Committee.Rowley wrote to Biden in response to a letter by the intelligence agency’s current director vehemently opposing Peltier’s release on behalf of the “entire FBI family” – which was recently published online by the Society of Former Special Agents of the FBI.Christopher Wray described Peltier as a “remorseless killer who brutally murdered two of our own – special agents Jack R Coler and Ronald A Williams”. Commutation of Peltier’s sentence would be “shattering to the victims’ loved ones and an affront to the rule of law”, according to Wray’s letter to the justice department’s pardon attorney dated March 2022.FBI has successfully opposed every clemency application with emotive Op-Eds, letters and marches on Washington.But the time served on most murder sentences ranges between 11 and 18 years, while Mark Putnam, the first FBI agent convicted of homicide – for strangling his female informant – was released after serving just 10 years of a 16-year sentence. Peltier was sentenced to two consecutive life sentences, and a parole officer who recommended his release after acknowledging that there was not enough evidence to sustain the conviction, was demoted.“The disparate nature of Peltier being held for nearly a half century behind bars is striking,” said Rowley, who in the 1990s helped pen an Op-Ed by the head of the Minneapolis division opposing Peltier’s release. “The facts are everything, not loyalty to the FBI family, not them versus us, not good guys versus bad guys.”Peltier supporters hope that Rowley’s intervention will count.“Rowley speaks with authority and is saying that nothing justifies him being in prison, just vindictiveness, so ignoring her means turning a blind eye to what’s happening,” said Kevin Sharp, Peltier’s attorney who submitted the most recent clemency application 18 months ago. “Rowley knows the case. She knows the FBI and supervised some of those directly involved. She knows Indian Country, so understands the context which is really important.”Peltier is currently being held in a maximum security prison in Coleman, Florida, where his health has significantly deteriorated since contracting Covid-19, according to Sharp, who visited in December. Multiple recommendations by the facility to lower Peltier’s classification, so that he can be transferred to a less restrictive prison closer to his family, have been rejected.“This is a little old man with a walker. It’s not just the FBI that’s vindictive,” added Sharp, a former federal judge appointed by Obama who stepped down from the bench in protest of minimum mandatory sentence. He took on Peltier’s case in 2018 after successfully obtaining a pardon from Donald Trump for a young Black man he had been forced to imprison.According to Sharp, Peltier’s clemency was still on the table until Trump’s last day in office but didn’t make it onto the final list of presidential pardons which was mostly former associates and white collar criminals.He added: “This is not about a 10 minute shootout. It’s about hundreds of years of what had gone before and the decades of what’s gone on afterwards. That’s why Leonard Peltier was convicted, and that’s why he’s still in jail.”TopicsNative AmericansFBIUS politicsJoe BidennewsReuse this content More

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

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

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      Trump lawyers find two more classified documents at Florida storage unit

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

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      US is failing to address ‘persistent and lethal threat’ of domestic terrorism, report finds

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      US is failing to address ‘persistent and lethal threat’ of domestic terrorism, report findsFederal government has continued to focus ‘disproportionately’ on international terrorist threats despite spate of racist shootings The FBI and the US Department of Homeland Security (DHS) are failing to properly address the threat of domestic terrorism, predominantly from white supremacist and anti-government extremists, according to a Senate committee report released on Monday.The Senate homeland security and governmental affairs committee spent three years investigating domestic terrorism and the federal response.Biden vows to combat ‘venom and violence’ of white supremacy Read moreIt found that the FBI and the DHS have “failed to systematically track and report data on domestic terrorism” and have not allocated sufficient resources to countering the threat.The report comes after a spate of racist shootings in 2022. On Monday, a white man who shot 10 Black people to death in a Buffalo grocery store in May pleaded guilty to murder and hate-crime charges.Both the FBI and the DHS have identified domestic terrorism, in particular white supremacist violence, as the “most persistent and lethal terrorist threat” to the US, the committee said.But the federal government has continued to focus “disproportionately” on international terrorist threats, it found.“Despite this acknowledgement and multiple analyses, plans, and national strategies across multiple administrations, this investigation found that the federal government has continued to allocate resources disproportionately aligned to international terrorist threats over domestic terrorist threats,” the report said.The report added that the federal government “still fails to comprehensively track and report data on domestic terrorism despite a requirement from Congress to do so”.According to the Anti-Defamation League there have been 333 “right-wing extremist-related killings” in the last 10 years, with 73% of those at the hands of white supremacists.Black Americans have increasingly found themselves the target of hate crimes. Between 2019 and 2020, hate crimes against Black Americans rose by 46%, the New York Times reported. Earlier this year, 57 historically Black colleges and houses of worship were targeted by bomb threats.The Senate committee report cites a 2021 study by the Center for Strategic and International Studies, which found there were 110 domestic terrorist plots and attacks in 2020, compared with 65 such cases in 2019 and 70 in 2017 – the previous high.The report found that the FBI and DHS have “different definitions for ‘domestic terrorism’, which could lead to the two agencies categorizing the same event as different types of terrorism”.It said that in 2019 the FBI changed its reporting procedures to combine all forms of racially motivated extremism, including the pre-existing category of “white supremacist violence”, into one category called “racially motivated violent extremists”.“This change obscures the full scope of white supremacist terrorist attacks, and it has prevented the federal government from accurately measuring domestic terrorism threats,” the report said.TopicsUS newsUS politicsRaceUS crimeFBInewsReuse this content More

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      FBI arrests two alleged far-right Boogaloo Boys group members

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      FBI arrests two alleged far-right Boogaloo Boys group members The arrests come amid concerns about the potential for violence around next week’s US midterm elections The FBI has arrested two alleged members of the far-right anti-government group the Boogaloo Boys, as authorities express increasing concern about the potential for violence around next week’s US midterm elections.Timothy Teagan was expected to appear on Wednesday in federal court in Detroit, where charges against him would be unsealed, an FBI spokesperson said.In a criminal complaint filed on Monday, the FBI said there was enough evidence to charge Aron McKillips, of Sandusky, Ohio, with illegal possession of a machine gun and the interstate communication of threats. The complaint said McKillips was a member of the Boogaloo Boys and was believed to be in a militia group called the Sons of Liberty.Penn State students outraged over invitation to far-right Proud Boys founderRead moreMcKillips’s lawyer, Neil McElroy, said he had asked for McKillips to be released pending a 9 November detention hearing in Toledo.Teagan’s arrest on Tuesday came a week before election day. Election workers have been targeted by threats and harassment since the 2020 election, which Donald Trump has refused to admit he lost.Federal authorities have charged at least five people already this year. Election officials are concerned about conspiracy theorists signing up to work as poll watchers. Some groups that have trafficked in lies about the 2020 election are recruiting and training watchers.In Phoenix on Tuesday, a federal judge agreed to put limits on a group monitoring outdoor ballot drop boxes in Arizona.The US district court judge, Michael Liburdi, said he would issue a temporary restraining order against Clean Elections USA and also the Lions of Liberty and the Yavapai County Preparedness team, which are associated with the far-right anti-government Oath Keepers group.Those groups or anyone working with them will be barred from filming or following anyone within 75ft (23 metres) of a ballot drop box or the entrance to a building that houses one. They cannot speak to or yell at individuals within that perimeter unless spoken to first. It is the standard distance maintained around polling sites under Arizona law, but it has typically never applied to drop boxes.The order also prohibited members of the groups or agents working on their behalf from carrying firearms or wearing body armor within 250ft (76 metres) of a drop box.In Michigan, Teagan was among a dozen or so people who openly carried guns while demonstrating in January 2021 outside the state capitol in Lansing. Some promoted the “boogaloo” movement, a slang term that refers to a second US civil war.Teagan told reporters the purpose of the demonstration was “to urge a message of peace and unity to the left and right, to the members of [Black Lives Matter], to Trump supporters to Three Percenter militias to antifa”.Some boogaloo promoters insist they aren’t genuinely advocating for violence. But the movement has been linked to domestic terrorism plots.In the criminal complaint against McKillips, the FBI alleges that he made online threats including one to kill a police officer and another to kill anyone he determined to be a federal informant. The FBI also contends that McKillips provided equipment to convert rifles into machine guns.“I literally handed out machine guns in Michigan,” McKillips said in a recording, the complaint states.In September 2021, he said in a private chat group: “Ain’t got a federal badge off a corpse yet, so my time here ain’t near done yet lol.”In May this year, McKillips and another user in the Signal messaging system threatened to kill a different user in the belief the person was an informant for the FBI or Bureau of Alcohol, Tobacco, Firearms and Explosives, the complaint says.In July, McKillips threatened in a Signal group to “smoke a hog”, meaning kill a police officer, if conditions worsened following a fatal police shooting in Akron, it says.McKillips frequently advocated violence against police officers, federal agents, government buildings and stores like Walmart and Target, and even threatened to blow up Facebook headquarters, the complaint says.TopicsFBIThe far rightDetroitMichiganOhioUS elections 2020US midterm elections 2022newsReuse this content More

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      Two Chinese spies charged with trying to obstruct US Huawei investigation, Garland says – as it happened

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      Two Chinese intelligence agents have been charged with attempting to disrupt the prosecution of a Chinese telecommunications firm, US attorney general Merrick Garland has announced.While he did not name the company, the Associated Press reports it is likely Huawei, the giant Chinese manufacturer of cellphones, routers and other communications devices.“Over the past week, the justice department has taken several actions to disrupt criminal activity by individuals working on behalf of the government of the People’s Republic of China,” Garland said in a speech.He announced charges against “two PRC intelligence officers with attempting to obstruct influence and impede a criminal prosecution of a PRC-based telecommunications company.”Here’s more on the case from the AP:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The two men, Guochun He and Zheng Wang, are accused of trying to direct a person with the U.S. government whom they believed was a cooperator to provide confidential information about the Justice Department’s investigation, including about witnesses, trial evidence and potential new charges. One of the defendants paid about $61,000 for the information, the Justice Department said.
      The person the men reached out to began working as a double agent for the U.S government, and his contact with the defendants was overseen by the FBI.
      The company is not named in the charging documents, though the references make clear that it’s Huawei, which was charged in 2019 with bank fraud and again the following year with new charges of racketeering conspiracy and a plot to steal trade secrets. The justice department announced charges in three cases alleging Chinese intelligence officers attempted to steal technology, pressured a naturalized US citizen to return to the country and interfered with the prosecution of telecommunications giant Huawei, while warning Beijing against continued wrongdoing in the United States. Meanwhile, a prominent journalist who interviewed Trump 20 times warned he wasn’t only dangerous for democracy, he was also incompetent.Here’s what else happened today:
      Polls show tight races for Senate in Ohio and Wisconsin, and a Democrat in the lead in Pennsylvania as the party hopes to maintain its majority in Congress’ upper chamber.
      Supreme court justice Samuel Alito told a top Democratic senator he considered Roe v Wade settled law during his confirmation hearing in 2005 – then voted to overturn it 17 years later.
      Areas represented in Congress by 2020 election deniers tend to have seen their white population share decline, and be less well off and well educated than elsewhere, a New York Times analysis found.
      Republican senator Lindsey Graham’s subpoena compelling his appearance before a special grand jury investigating the campaign to meddle with Georgia’s election results two years ago is on hold thanks to conservative supreme court justice Clarence Thomas.
      Almost 17 years before he wrote the supreme court’s opinion overturning Roe v Wade, Samuel Alito told a prominent Democratic senator he considered the case guaranteeing abortion access nationwide settled law, The New York Times reports.“I am a believer in precedents”, Alito, then a federal judge, told Edward Kennedy. In a reference to one of the core justifications for the original Roe decision, he told Kennedy, “I recognize there is a right to privacy,” and “I think it’s settled.”The new details were taken from Kennedy’s private diary, portions of which will be published in the book “Ted Kennedy: A Life” set for release Tuesday, and reported by the Times. The senator was skeptical of Alito’s repeated statements indicating he wouldn’t try to overturn Roe, and also didn’t buy Alito’s explanation that he had written a memo outlining his opposition to Roe because he was seeking a promotion while working as a lawyer in the administration of Republican president Ronald Reagan. Kennedy voted against confirming Alito to the supreme court, and died in 2009. Last June, Alito helmed the five-justice majority that overturned Roe, and allowed states to ban abortion completely – in an apparent contradiction of what he told Kennedy.The state department has responded to the letter from progressive lawmakers urging the Biden administration to redouble efforts to find a negotiated solution to the war in Ukraine.According to CNN, the department’s spokesman Ned Price said Ukraine would be willing to engage in dialogue with Russia, but Moscow appears unwilling. Here’s more from his briefing:State Dept spokesperson Ned Price’s response to this today: “In order for diplomacy to take place, there have to be parties ready and willing to engage in diplomacy. Right now, we have heard from our Ukrainian partners repeatedly that this war will only end through diplomacy… https://t.co/jRkkGqtRcd— Natasha Bertrand (@NatashaBertrand) October 24, 2022
      …and dialogue. We have not heard any reciprocal statement or refrain from Moscow that they are ready in good faith to engage in that diplomacy and dialogue.”— Natasha Bertrand (@NatashaBertrand) October 24, 2022
      Hugo Lowell was at Merrick Garland’s press conference in Washington earlier and is filing updates to his Guardian report, which you can find here. Hugo’s report begins…Two Chinese intelligence officers tried to bribe a US law enforcement official as part of an effort to obtain inside information about a criminal case against the Chinese telecommunications company Huawei, federal prosecutors alleged in an indictment unsealed on Monday.The move to unmask the espionage operation – and charge the two agents with obstruction of justice – amounts to an escalation by the US justice department after it accused Huawei in February 2020 of conducting racketeering and conspiracy to steal trade secrets.“This was an egregious attempt by PRC intelligence officers to shield a PRC-based company from accountability and to undermine the integrity of our judicial system,” the attorney general Merrick Garland said at a news conference unveiling the indictment.The report in full:US accuses Chinese spies of plot to steal secrets in Huawei investigationRead moreIssue One Action, a “nonpartisan advocacy organization dedicated to uniting Republicans, Democrats and independents in the fight to fix our broken political system”, has released a report in which it names “the nine most dangerous anti-democracy candidates running to administer US elections”.Included are Jim Marchant of Nevada, running for secretary of state; Mark Finchem of Arizona, running for secretary of state; and Doug Mastriano of Pennsylvania, running for governor.For a story published by Guardian US today, Adam Gabbatt went to Pennsylvania to look at Mastriano’s campaign. He writes:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Mastriano is, by most measures, an extremist.
      As a state senator in Pennsylvania, he said women who violated a proposed six-week abortion ban should be charged with murder. Mastriano frequently attacks trans people, and has said gay marriage should be illegal, and that same-sex couples should not be allowed to adopt children.
      At an event this summer, organized by a pair of self-described prophets, Mastriano told his supporters: “We have the power of God with us.” He added that Jesus Christ is “guiding and directing our steps”. While working at the Army War College, an academy for military members, Mastriano posed for a faculty photo wearing a Confederate uniform.
      And as a key schemer in Trump’s bid to overturn the presidential election, Mastriano spent thousands of dollars chartering buses to Washington DC on January 6, where images showed him close to the violence as Trump supporters stormed the US Capitol.
      None of this stopped Mastriano, who was endorsed by Trump, from winning the Republican nomination for governor in May.Here’s Adam’s full piece:Doug Mastriano: is the Trump-backed election denier too extreme to win?Read moreSwitching focus for a moment from China to Ukraine, 30 liberal Democrats in Congress have signed a letter to Joe Biden, in which they call for Joe Biden to change course on the matter of the Russian invasion, to couple current economic and military support for Kyiv with a “proactive diplomatic push, redoubling efforts to seek a realistic framework for a ceasefire”.The lawmakers continue:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}This is consistent with your recognition that ‘there’s going to have to be a negotiated settlement here’, and your concern that Vladimir Putin ‘doesn’t have a way out right now, and I’m trying to figure out what we do about that.’ .css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}We are under no illusions regarding the difficulties involved in engaging Russia given its outrageous and illegal invasion of Ukraine and its decision to make additional illegal annexations of Ukrainian territory. However, if there is a way to end the war while preserving a free and independent Ukraine, it is America’s responsibility to pursue every diplomatic avenue to support such a solution that is acceptable to the people of Ukraine.The signatories are led by Pramila Jayapal, the chair of the Congressional Progressive Caucus, and prominent progressives including Cori Bush, Ro Khanna, Ilhan Omar, Ayanna Pressley, Rashida Tlaib, Alexandria Ocasio-Cortez and Jamie Raskin.As the Washington Post points out, “the appeal for a shift in strategy comes amid some of the most significant US-Russian diplomatic engagement in some time, as Defense Secretary Lloyd Austin recently talked with his Russian counterpart, Sergei Shoigu, for the first time in months. The two spoke by phone Friday and again on Sunday at Shoigu’s request, Austin wrote on Twitter.”Austin said he “rejected any pretext for Russian escalation & reaffirmed the value of continued communication amid Russia’s unlawful & unjustified war against Ukraine”.The Chinese government’s alleged misdeeds go beyond attempts to counter the prosecution of Huawei. Garland announced charges in two other cases – one involving technology theft and intimidation, and the other involving a pressure campaign to get a naturalized US citizen to return to China against his will.In the first, federal prosecutors in New Jersey indicted four people, including three Chinese intelligence officers, with using “the cover of a purported Chinese academic institute to target, co-opt and direct individuals in the United States to further the PRC intelligence mission” over 10 years from 2008, Garland said.They also attempted “to procure technology and equipment from the United States and to have it shipped to China,” and “stop protected First Amendment activities, protests here in the United States, which would have been embarrassing for the Chinese government,” Garland said.The second case involves seven people charged with undertaking “a multi-year campaign of threats and harassment to force a US resident to return to China,” Garland said. Two of the individuals indicted in the eastern district of New York were arrested yesterday, he said.“Defendants threatened the victim saying that, ‘coming back and turning herself in is the only way out,’” Garland said. “They showed up at the home of the victim’s son in New York. They filed frivolous lawsuits against the victim and his son and said it would be ‘endless misery for the defendant and son to defend themselves.’ And they made clear that their harassment would not stop until the victim returned to China.”“These cases demonstrate the government of China sought to interfere with the rights and freedoms of individuals in the United States and to undermine our judicial system that protects those rights,” Garland said. “The Justice Department will not tolerate attempts by any foreign power to undermine the rule of law upon which our democracy is based.”Two Chinese intelligence agents have been charged with attempting to disrupt the prosecution of a Chinese telecommunications firm, US attorney general Merrick Garland has announced.While he did not name the company, the Associated Press reports it is likely Huawei, the giant Chinese manufacturer of cellphones, routers and other communications devices.“Over the past week, the justice department has taken several actions to disrupt criminal activity by individuals working on behalf of the government of the People’s Republic of China,” Garland said in a speech.He announced charges against “two PRC intelligence officers with attempting to obstruct influence and impede a criminal prosecution of a PRC-based telecommunications company.”Here’s more on the case from the AP:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The two men, Guochun He and Zheng Wang, are accused of trying to direct a person with the U.S. government whom they believed was a cooperator to provide confidential information about the Justice Department’s investigation, including about witnesses, trial evidence and potential new charges. One of the defendants paid about $61,000 for the information, the Justice Department said.
      The person the men reached out to began working as a double agent for the U.S government, and his contact with the defendants was overseen by the FBI.
      The company is not named in the charging documents, though the references make clear that it’s Huawei, which was charged in 2019 with bank fraud and again the following year with new charges of racketeering conspiracy and a plot to steal trade secrets. President Joe Biden is right now speaking at Democratic National Committee headquarters in Washington, where he’s warning about the consequences of a Republican takeover of Congress.Here’s the latest from Politico’s reporter on the scene:Fifteen days before the midterms, President Biden visits DNC headquarters in Washington and acknowledges that his party is running “against the tide” and casts doubt on the polls – but predicts a final surge for the Democrats pic.twitter.com/cMr6efUqi4— Jonathan Lemire (@JonLemire) October 24, 2022
      More Biden at DNC, about Republicans:”They’ll shut down the government, they say, and send the nation into default, which raises the price for everyone if we do not cut social security and Medicare. *dramatically whispers*”I ain’t going to do it.”— Jonathan Lemire (@JonLemire) October 24, 2022
      There’s a reason why Biden and the Democrats are quick to mention Social Security and Medicare. The two programs are relied by older Americans, who tend to be reliable voters, and any changes to them are considered politically perilous.Six years ago, liberal documentary filmmaker Michael Moore correctly predicted Donald Trump’s election win. Today, he’s calling the upcoming midterms for the Democrats, and explains why in an interview with The Guardian’s Edward Helmore:For the past month, Academy Award-winning documentary maker Michael Moore has been emailing out a daily missive “Mike’s Midterm Tsunami of Truth” on why he believes Democrats will win big in America’s midterm elections next month.Moore calls it “a brief honest daily dose of the truth – and the real optimism these truths offer us”. It also – at this moment in time – flies in the face of most political punditry, which sees a Republican win on the cards.Making predictions is a risky undertaking in any election cycle, but especially in this round with Democrats banking they can hitch Republican candidates to an unpopular supreme court decision to overturn federal guarantees of a woman’s right to abortion. Republicans, meanwhile, are laser-focused on high inflation rates, economic troubles and fears over crime rates.But political forecasting has become Moore’s business since he correctly called that Donald Trump would win the national elections in 2016 against common judgment of the media and pollsters businesses.The thrust of his reasoning that this will be “Roe-vember” is amplified daily in the emails. In missive #21 (Don’t Believe It) on Tuesday, he addressed the issue of political fatalism, specifically the media narrative that the party in power necessarily does poorly in midterm elections.“The effect of this kind of reporting can be jarring – it can get inside the average American’s head and scramble it,” Moore wrote. “You can start to feel deflated. You want to quit. You start believing that we liberals are a bunch of losers. And by thinking of ourselves this way, if you’re not careful, you begin to manifest the old narrative into existence.”‘I’m deadly serious’: why film-maker Michael Moore is confident of a Democratic midterm winRead moreWe’re awaiting an announcement from attorney general Merrick Garland about a “significant national security matter” that could involve another country. He’s set to speak alongside FBI director Christopher Wray at a press conference beginning at 1:30 pm eastern time.Here’s what else has happened today:
      Polls show tight races for Senate in Ohio and Wisconsin, and a Democrat in the lead in Pennsylvania as the party hopes to maintain its majority in Congress’ upper chamber.
      Areas represented in Congress by 2020 election deniers tend to have seen their white population decline, and be less well-off and well educated than elsewhere, a New York Times analysis found.
      Republican senator Lindsey Graham’s subpoena compelling his appearance before a special grand jury investigating the campaign to meddle with Georgia’s election results two years ago is on hold thanks to conservative supreme court justice Clarence Thomas.
      Rightwing supreme court justice Clarence Thomas has placed a temporary hold on a Georgia grand jury’s subpoena compelling the testimony of Republican senator Lindsey Graham as part of its investigation into efforts by Donald Trump’s allies to meddle in the state’s election results:BREAKING: Justice Clarence Thomas, acting unilaterally, issues a “shadow docket” ruling for Sen. Lindsey Graham, agreeing to temporarily halt Graham from testifying in probe of pro-Trump election interference in Georgia— John Kruzel (@johnkruzel) October 24, 2022
      Thomas is one of the court’s most conservative justices, but the move is not unusual, according to CNN supreme court analyst Steve Vladeck:To be clear, Justice Thomas issued an “administrative stay,” which blocks the Eleventh Circuit ruling only temporarily while the full Court decides whether to block it pending appeal.Such a ruling is *not* predictive of how the full Court (or even Thomas) will vote on the stay. https://t.co/CSrBaDg9JP— Steve Vladeck (@steve_vladeck) October 24, 2022
      Indeed, there are lots of recent examples of the Circuit Justice issuing such a temporary ruling and then the full Court *declining* to make it permanent.Folks will surely overreact anyway, but this isn’t a big deal — yet.— Steve Vladeck (@steve_vladeck) October 24, 2022
      Appeals court pauses order for Graham to testify before Atlanta grand juryRead moreThe Democrats’ two best hopes for stemming their losses in the Senate or even expanding their majority are in Pennsylvania and Wisconsin, and CNN has just released a poll indicating tight races in both.The states are home to the perhaps two best pick up opportunities for Democrats this year, with Republican senator Ron Johnson defending his seat in Wisconsin, while Pennsylvania’s is vacant after GOP senator Pat Toomey opted to retire.CNN’s new poll indicates Johnson has a slight edge over Democrat Mandela Barnes in Wisconsin, where 50% of voters back his candidacy against 49% for his challenger.In Pennsylvania, Democratic lieutenant governor John Fetterman is at 51% support against Republican Mehmet Oz, who was polling at 45%.The poll otherwise confirmed dynamics that have become well-known this election cycle. The economy is far and away voters’ top issue, with abortion a distant second. President Joe Biden is also unpopular with voters in both states, the survey finds.Districts whose congressional representatives have embraced conspiracy theories about the 2020 election tend to be poorer, less educated and have experienced declines in their white population, according to an analysis published by The New York Times today.The report suggests that racial anxiety is a major factor in voters’ willingness to embrace Donald Trump’s baseless claims of fraud in Joe Biden’s election win, in addition to economic stagnation and social maladies like the opioid epidemic. The report is a sprawling look at corners of the country that have grown so alienated they’re willing to support lawmakers who object to the certification of the 2020 election, despite fears the campaign poses a mortal threat to American democracy.Here’s more from the Times:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}When Representative Troy Nehls of Texas voted last year to reject Donald J. Trump’s electoral defeat, many of his constituents back home in Fort Bend County were thrilled.
      Like the former president, they have been unhappy with the changes unfolding around them. Crime and sprawl from Houston, the big city next door, have been spilling over into their once bucolic towns. (“Build a wall,” Mr. Nehls likes to say, and make Houston pay.) The county in recent years has become one of the nation’s most diverse, where the former white majority has fallen to just 30 percent of the population.
      Don Demel, a 61-year-old salesman who turned out last month to pick up a signed copy of a book by Mr. Nehls about the supposedly stolen election, said his parents had raised him “colorblind.” But the reason for the discontent was clear: Other white people in Fort Bend “did not like certain people coming here,” he said. “It’s race. They are old-school.”
      A shrinking white share of the population is a hallmark of the congressional districts held by the House Republicans who voted to challenge Mr. Trump’s defeat, a New York Times analysis found — a pattern political scientists say shows how white fear of losing status shaped the movement to keep him in power.
      The portion of white residents dropped about 35 percent more over the last three decades in those districts than in territory represented by other Republicans, the analysis found, and constituents also lagged behind in income and education. Rates of so-called deaths of despair, such as suicide, drug overdose and alcohol-related liver failure, were notably higher as well.The January 6 committee is likely finished with its public hearings into the deadly attack on the Capitol, and The Guardian’s Tom Ambrose surveyed readers about whether the committee’s work changed their mind about what happened that day, and Trump’s role in it. Here’s what one had to say:I think that hearings solidified what most people thought already: that Donald Trump and his allies coordinated to assault the foundations of democracy on January 6 because they were unhappy with the result of the 2020 election. The juxtaposing of previously aired and unaired video clips helped provide clearer and fuller picture of the chaos that unfolded that day.I believe that anyone who tuned into the hearings with an open mind saw January 6 for what it was: a disgraceful attack on American democracy that amounts to treason. I believe the committee was convincing in their effort to show premeditation by the president and his followers.I am worried that those who believe January 6 was justified will use this committee as an example as of how “the Democrats/liberals” are out to get the president and his followers. They demonstrate this belief daily as they continue to call for violence against elected officials and refuse to believe the truth that Joe Biden won the 2020 election.It feels like that their position is: either we won, or we were cheated. I fear that the upcoming elections in November will only be a taste of what kinds of vitriol await during the 2024 election. Patrick, 29, public school teacher from Chicago‘Trump should be held accountable’: Guardian readers on the Capitol attack hearingsRead more More

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      Jury acquits Russian analyst of lying to FBI in Trump dossier case

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      Jury acquits Russian analyst of lying to FBI in Trump dossier caseThis was the third case brought by special counsel John Durham in FBI’s own investigation into Russian collusion claims A jury on Tuesday acquitted a thinktank analyst accused of lying to the FBI about his role in the creation of a discredited dossier about Donald Trump.The case against Igor Danchenko was the third and possibly final case brought by the special counsel John Durham as part of his investigation into how the FBI conducted its own inquiry into allegations of collusion between the 2016 Trump campaign and the Kremlin.Sources in Russian analyst’s Trump dossier fabricated, prosecutors argueRead moreThe first two cases ended in an acquittal and a guilty plea with a sentence of probation.Danchenko betrayed no emotion as the verdict was read. His wife wiped away tears after the clerk read the final “not guilty” to the four counts he faced.The jury reached its verdict after roughly nine hours of deliberations over two days.The acquittal marked a significant setback for Durham. Despite hopes among Trump supporters that the prosecutor would uncover a sweeping conspiracy within the FBI and other agencies to derail his candidacy, the three-year investigation failed to produce evidence that met those expectations.The Danchenko case was the first of the three to delve deeply into the origins of the “Steele dossier”, a compendium of allegations that Trump’s 2016 presidential campaign was colluding with the Kremlin.Most famously, it alleged that the Russians could have blackmail material on Trump for his supposed interactions with prostitutes in a Moscow hotel. Trump derided the dossier as fake news and a political witch-hunt when it became public in 2017.Danchenko, by his own admission, was responsible for 80% of the raw intelligence in the dossier and half of the accompanying analysis, though trial testimony indicated that Danchenko was shocked and dismayed about how Steele presented the material and portrayed it as factual when Danchenko considered it more to be rumor and speculation.Prosecutors said that if Danchenko had been more honest about his sources, the FBI might not have treated the dossier so credulously. As it turned out, the FBI used material from the dossier to support applications for warrantless surveillance of a Trump campaign official, Carter Page, even though the FBI never was able to corroborate a single allegation in the dossier.Prosecutors said Danchenko lied about the identity of his own sources for the material he gave to Steele.The jury began deliberations Monday afternoon after hearing closing arguments on four counts. On Friday, the US district judge Anthony Trenga threw out a fifth count, saying prosecutors had failed to prove it as a matter of law.Trenga nearly threw out all of the charges before the trial began, citing the legal strength of Danchenko’s defense, but allowed the case to proceed in what he described as “an extremely close call”.TopicsFBIDonald TrumpUS elections 2016US politicsnewsReuse this content More