Giuliani and Bill O’Reilly Still Have a Major Platform in New York
A popular radio station in Manhattan has become a haven where conservative hosts like Rudolph Giuliani can defend Donald Trump. More
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in ElectionsA popular radio station in Manhattan has become a haven where conservative hosts like Rudolph Giuliani can defend Donald Trump. More
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in Elections#masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutLatest UpdatesInside the SiegeVisual TimelineNotable ArrestsCapitol Police in CrisisAdvertisementContinue reading the main storySupported byContinue reading the main storyProminent Lawyers Want Giuliani’s Law License Suspended Over Trump WorkThe move by dozens of lawyers, including judges and former federal prosecutors, was the latest in a series of calls to censure him.Despite fierce criticism from the legal community, Rudolph W. Giuliani had doubled down on his baseless election fraud claims in recent weeks.Credit…Jim Watson/Agence France-Presse — Getty ImagesJan. 21, 2021Updated 7:08 p.m. ETDozens of prominent lawyers have signed a formal complaint seeking the suspension of Rudolph W. Giuliani’s law license — the latest and loudest in a series of calls to censure him for his actions as President Donald J. Trump’s personal attorney.The lawyers said Mr. Giuliani had trampled ethical boundaries as he helped Mr. Trump pursue false claims of election fraud, then gave an incendiary speech repeating those claims just before the riot at the Capitol on Jan. 6.A draft of the complaint to the Supreme Court of New York’s attorney grievance committee accuses Mr. Giuliani of knowingly making false claims about the election and urges an investigation into “conduct involving dishonesty, fraud, deceit or misrepresentation in or out of court.”Calls to discipline Mr. Giuliani have mounted in the weeks since the riot and are intensifying even now, after Mr. Trump has left office. The latest complaint, signed by a bipartisan who’s-who of legal luminaries from New York and beyond, represents perhaps the most serious condemnation of Mr. Giuliani’s conduct to date.The list included former acting U.S. Attorney General Stuart M. Gerson, former U.S. district judges H. Lee Sarokin and Fern M. Smith, and two former state attorneys general, Scott Harshbarger of Massachusetts and Grant Woods of Arizona. Also signing the complaint were prosecutors who worked in the same United States attorney’s office for the Southern District of New York that Mr. Giuliani led during the 1980s, including Christine H. Chung.Ms. Chung, a steering committee member of Lawyers Defending American Democracy, the organization that filed the complaint, said that the group had reviewed the work that Mr. Giuliani did on Mr. Trump’s behalf, and that it amounted to “a purposeful campaign to go to the American people with a lie about a stolen election.”“This is a man that once led the highest prosecuting offices in this nation, and he knows what fraud is, and what it’s not,” said Ms. Chung, who did not work for the U.S. attorney’s office during Mr. Giuliani’s tenure. She added, “For a lawyer to be attacking the rule of law is disallowed, and it’s dangerous.”Ms. Chung said that by Thursday evening more than 1,000 people had signed the complaint, which anyone can sign on Lawyers Defending American Democracy’s website, and that she expected “thousands” more to add their names.The complaint, which calls to suspend Mr. Giuliani’s license to practice law during an investigation into his conduct, is one of several that have been filed with the grievance board. It comes a week after New York State Senator Brad Hoylman, the chairman of the State Senate’s judiciary committee, called for the state court system to begin the formal process of stripping Mr. Giuliani of his license to practice law.Conducting the investigation and deciding on a fitting penalty could take months, or even years, largely because of procedural hurdles and the complexity of Mr. Giuliani’s case, said Stephen Gillers, a law professor at New York University and an expert on legal ethics.Mr. Gillers said that he hoped the court would conduct a thorough investigation and would suspend Mr. Giuliani’s license while it did so, because Mr. Giuliani had traded on his reputation as a lawyer to promulgate false accounts.“It’s a privilege and an honor to be a New York lawyer, and by investigating Giuliani and possibly sanctioning him for his behavior the courts reaffirm that fact,” Mr. Gillers said.Mr. Giuliani, who did not respond to requests for comment, discussed the complaint on his radio show on Thursday afternoon.“The whole purpose of this is to disbar me from my exercising my right of free speech and defending my client, because they can’t fathom the fact that maybe, just maybe, they may be wrong,” Mr. Giuliani said..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.He went on to detail what he described as evidence of his accusations of fraud, and to claim that all his statements were based in fact. He called the complainants “idiots,” “malicious left-wingers” and “irresponsible political hacks.”“You want to disbar me?” Mr. Giuliani asked. “I think I’m going to move to disbar you.”The slew of calls for disciplinary action underscores how much Mr. Giuliani’s reputation has changed from his years as a federal prosecutor known for taking on organized crime and his two terms as the mayor of New York City, during which he championed law enforcement and emphasized cleaning up the streets.At Mr. Trump’s rally on Jan. 6, not long before a violent mob stormed the Capitol, Mr. Giuliani called for a “trial by combat” to address discredited claims of voter fraud.“I’m willing to stake my reputation, the president is willing to stake his reputation, on the fact that we’re going to find criminality there,” Mr. Giuliani said.The complaint accuses Mr. Giuliani of sticking to his false accusations of widespread voter fraud as recently as Sunday, sacrificing his reputation in the process.“Other lawyers observed ethical obligations by stepping back from representing Mr. Trump and his campaign,” the complaint reads. “Mr. Giuliani not only lent his stature and status as a lawyer to the venture but shows no inclination to stop lying.”Earlier this week, a person close to Mr. Trump said that Mr. Giuliani would not participate in Mr. Trump’s defense during his second impeachment trial in the Senate.Azi Paybarah contributed reporting.AdvertisementContinue reading the main story More
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in Elections#masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesTrump ImpeachedHow the House VotedRepublican SupportKey QuotesAdvertisementContinue reading the main storySupported byContinue reading the main storyAfter 2 Impeachments, Giuliani Vows to Continue His Fervor for TrumpWhite House officials are universally angry with Rudolph W. Giuliani and blame him for both of President Trump’s impeachments. But he remains one of few people still willing to join Mr. Trump in the foxhole.Rudolph W. Giuliani spoke at the Trump rally on Jan. 6, before a mob stormed the Capitol. Credit…Brendan Smialowski/Agence France-Presse — Getty ImagesKatie Rogers and Jan. 14, 2021Updated 8:47 p.m. ETWASHINGTON — When Rudolph W. Giuliani was treating his efforts to carry out President Trump’s wishes to overturn the results of the 2020 presidential election as a payment opportunity — he proposed a daily retainer of $20,000 for his legal services from the burgeoning Trump campaign legal fund — the president dismissed it and responded by demanding to personally approve each expense.Nine weeks and another impeachment later, Mr. Trump began the day on Thursday by asking aides to erase any sign of a rift. Stripped of his Twitter account, Mr. Trump conveyed his praise through an adviser, Jason Miller, who tweeted: “Just spoke with President Trump, and he told me that @RudyGiuliani is a great guy and a Patriot who devoted his services to the country! We all love America’s Mayor!”White House officials are universally angry with Mr. Giuliani and blame him for both of Mr. Trump’s impeachments. But the president is another story.Even as he complains about Mr. Giuliani’s latest efforts as fruitless, the president remains unusually deferential to him in public and in private. “Don’t underestimate him,” Mr. Trump has told advisers.But only up to a point. While Mr. Trump and his advisers balked at the $20,000 request weeks ago, it is unclear whether the president will sign off on Mr. Giuliani being paid anything other than expenses.The on-again, off-again tensions are a feature of a decades-long, mutually beneficial relationship between the former New York City mayor from Brooklyn and the former real estate developer from Queens. Although the two were never particularly close in New York, Mr. Trump enjoyed having the former mayor as his personal legal pit bull during the special counsel investigation into his campaign’s ties to Russia.In return, Mr. Giuliani, who failed at his own bid for the presidency in 2008, got to hang out with the president in the Oval Office and used his new connections to pursue lucrative contracts.Mr. Trump deployed Mr. Giuliani on politically ruinous missions that led to his impeachment — twice. Now, isolated and stripped of his usual political megaphones, the president faces the devastation of his business and political affairs for his part in encouraging a pro-Trump mob that went on to attack the Capitol on Jan. 6.Mr. Giuliani — who, for his part, encouraged a group of the president’s supporters that day to carry out “trial by combat” — is one of few people still willing and eager to join Mr. Trump in the foxhole. While most lawyers are reluctant to represent the president in a second Senate impeachment trial, Trump advisers said Mr. Giuliani remained the likeliest to be involved. Despite President-elect Joseph R. Biden Jr.’s certification as the winner, Mr. Giuliani has continued to push unproven theories about the election results and falsely attributed the violence to anarchists on the left.A podcast hosted by Stephen K. Bannon, Mr. Trump’s former chief strategist, was taken down on Thursday because of an interview in which Mr. Giuliani repeated false claims about the election. During the interview, Mr. Bannon pleaded with Mr. Giuliani to move on to a new topic.“I don’t mind being shut down for my craziness,” Mr. Bannon told Mr. Giuliani, according to Alexander Panetta, a reporter for CBC News who listened to the podcast before it was removed. “I’m not going to be shut down for yours.”Mr. Trump has always had an abundance of yes men and women around him, but Mr. Giuliani occupies a unique space in his orbit. Few people have had such durability with the president, and few have been so willing to say and do things for him that others will not.“Your typical role as legal counselor is to tell your client the hard truth and walk them away from risk,” Matthew Sanderson, a Republican political lawyer based in Washington, said in an interview. “Rudy instead seems to tell his client exactly what he wants to hear and walk him toward risk like they’re both moths to a flame.”That journey has left him looking worse for wear. Days after the election, Mr. Giuliani hit the road, challenging the results in a much maligned news conference in front of a Pennsylvania landscaping company. In another appearance that month, Mr. Giuliani was on camera with black liquid, apparently hair dye, streaming down his face as he railed against the election outcome.Few have been so willing to defend the president, and, paradoxically, few have been so damaging to his legacy..css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-1sjr751{-webkit-text-decoration:none;text-decoration:none;}.css-1sjr751 a:hover{border-bottom:1px solid #dcdcdc;}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1cs27wo{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;}@media (min-width:740px){.css-1cs27wo{padding:20px;}}.css-1cs27wo:focus{outline:1px solid #e2e2e2;}.css-1cs27wo[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1cs27wo[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1cs27wo[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1cs27wo[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}The Trump Impeachment ›Answers to your questions about the impeachment process:The current impeachment proceedings are testing the bounds of the process, raising questions never contemplated before. Here’s what we know.How does the impeachment process work? Members of the House consider whether to impeach the president — the equivalent of an indictment in a criminal case — and members of the Senate consider whether to remove him, holding a trial in which senators act as the jury. The test, as set by the Constitution, is whether the president has committed “treason, bribery, or other high crimes and misdemeanors.” The House vote required only a simple majority of lawmakers to agree that the president has, in fact, committed high crimes and misdemeanors; the Senate vote requires a two-thirds majority.Does impeaching Trump disqualify him from holding office again? Conviction in an impeachment trial does not automatically disqualify Mr. Trump from future public office. But if the Senate were to convict him, the Constitution allows a subsequent vote to bar an official from holding “any office of honor, trust or profit under the United States.” That vote would require only a simple majority of senators. There is no precedent, however, for disqualifying a president from future office, and the issue could end up before the Supreme Court.Can the Senate hold a trial after Biden becomes president? The Senate could hold a trial for Mr. Trump even after he has left office, though there is no precedent for it. Democrats who control the House can choose when to send their article of impeachment to the Senate, at which point that chamber would have to immediately move to begin the trial. But even if the House immediately transmitted the charge to the other side of the Capitol, an agreement between Republican and Democratic leaders in the Senate would be needed to take it up before Jan. 19, a day before Mr. Biden is inaugurated. Senator Mitch McConnell of Kentucky, the Republican leader, said on Wednesday that he would not agree to such an agreement. Given that timetable, the trial probably will not start until after Mr. Biden is president.Mr. Giuliani stepped into the president’s legal affairs in April 2018. His eagerness to attack Robert S. Mueller III, the special counsel, impressed Mr. Trump, who was constantly making changes to his legal team. Most Trump advisers came to see Mr. Giuliani’s efforts with Mr. Mueller as a success.“There was never a moment when Rudy wasn’t willing to go lower, and that’s what Trump requires,” the Trump biographer Michael D’Antonio said. “He proved that actually delivering for Donald was not as important as continuing to try.”In addition to his work with Mr. Trump, Mr. Giuliani pursued side projects with the added cachet of being the president’s personal lawyer. Free of ethics laws that restrict government employees, Mr. Giuliani pursued lucrative deals even in the midst of the special counsel investigation.And then came the impeachments. When the history of the Trump presidency is written, Mr. Giuliani will be a central figure, first by pursuing a pressure campaign against the Ukrainian government to investigate Mr. Biden’s family members, and then by traveling the country in efforts to overturn Mr. Biden’s victory.Mr. Giuliani’s own legal problems have mounted alongside those of the president. As Mr. Giuliani pursued separate business opportunities in Ukraine, intelligence agencies warned that he could have been used by Russian intelligence officers seeking to spread disinformation about the election — reports that Mr. Trump shrugged off. Mr. Giuliani’s work in Ukraine continues to be a matter of interest in a continuing investigation by federal prosecutors in New York. And his remarks to Trump supporters before the Capitol riot are now the subject of an effort by the New York State Bar Association to expel him.Mr. Giuliani appears undeterred.In a 37-minute video published Wednesday evening, Mr. Giuliani tried to rewrite the history of the Capitol riot. Although Mr. Trump incited his supporters to march to the building and “show strength,” Mr. Giuliani suggested in the video that antifa activists had been involved, a repeatedly debunked theory that has proliferated in pro-Trump circles online.“The rally ended up to some extent being used as a fulcrum in order to create something else totally different that the president had nothing to do with,” Mr. Giuliani said.Now his calls to the president are sometimes blocked at the orders of White House officials. Advisers say that Jared Kushner, Mr. Trump’s son-in-law, holds Mr. Giuliani partly responsible for the mess currently embroiling the White House.But Mr. Giuliani hangs on in the shrinking circle around Mr. Trump.“He’s not alone,” Alan Marcus, a former Trump Organization consultant, said of the president. “He’s abandoned. Rudy’s just the last in a whole group of people.”AdvertisementContinue reading the main story More
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in ElectionsAdvertisementContinue reading the main storySupported byContinue reading the main storyU.S. Imposes Sanctions on Ukrainians Linked to Giuliani for Election DisinformationThe Treasury Department accused seven Ukrainians of working with a Russian agent “to spread misleading and unsubstantiated allegations” about President-elect Joseph R. Biden Jr.During the 2020 campaign, Rudolph W. Giuliani arranged meetings with Ukrainians claiming to have damaging information about the Bidens.Credit…Erin Schaff/The New York TimesKenneth P. Vogel and Jan. 11, 2021Updated 5:31 p.m. ETWASHINGTON — The Trump administration imposed sanctions on Monday against seven Ukrainians — including two who assisted President Trump’s personal lawyer Rudolph W. Giuliani — for being part of what it called “a Russia-linked foreign influence network” that spread “fraudulent and unsubstantiated allegations” about President-elect Joseph R. Biden Jr. during the 2020 campaign.Mr. Giuliani relied on two of the Ukrainians who were penalized — Andrii Telizhenko and Kostiantyn H. Kulyk — as he sought to gather damaging information and force government investigations into Mr. Biden and his son, Hunter Biden, related to Ukraine. That effort, which had the president’s backing, led to Mr. Trump’s impeachment in 2019 by the House of Representatives.The sanctions announced on Monday stemmed from the Ukrainians’ work with Andriy Derkach, a member of the Ukrainian Parliament, who was the target of sanctions by the Treasury Department last year and was accused of being a Russian agent and spreading disinformation about Mr. Biden. Mr. Derkach had met with Mr. Giuliani in 2019.The Ukrainians penalized on Monday were accused in a statement released by the Treasury Department of helping Mr. Derkach “spread misleading and unsubstantiated allegations that current and former U.S. officials engaged in corruption, money laundering and unlawful political influence in Ukraine.”The targets of the sanctions also included four media companies that the Treasury Department said were affiliated with Mr. Derkach and were involved in his efforts to spread disinformation.The sanctions are the latest in a series of steps taken by the Treasury Department over the past few years to punish people and groups that it accused of involvement in Russia-linked election interference, even as Mr. Trump, an intended beneficiary of the interference, has continued to downplay Russia’s role.“Russian disinformation campaigns targeting American citizens are a threat to our democracy,” Steven T. Mnuchin, the Treasury secretary, said in the statement. “The United States will continue to aggressively defend the integrity of our election systems and processes.”Kostiantyn H. Kulyk was sanctioned by the Treasury Department on Monday.Credit…Viacheslav Ratynskyi/ReutersMr. Kulyk had worked in the office of Ukraine’s national prosecutor, where he helped lead an investigation into a Ukrainian oligarch who owned a gas company that had paid Hunter Biden as a board member when his father was serving as vice president and overseeing American relations with Ukraine. Mr. Kulyk discussed the subject with Mr. Giuliani, who was pushing the Ukrainian government to announce an investigation into the Bidens to damage the former vice president’s presidential campaign.Mr. Kulyk, who has since been fired from the prosecutors’ office, was accused by the Treasury Department on Monday of forming “an alliance with Derkach to spread false accusations of international corruption.”Mr. Telizhenko, a political consultant and former official in the Ukrainian Embassy in Washington, provided information to Senate Republicans for a report on the Bidens’ work in Ukraine, which was released weeks before Election Day in an apparent effort to damage the Biden campaign. The report found no evidence of improper influence or wrongdoing by the former vice president.Mr. Telizhenko assisted Mr. Giuliani during the 2020 campaign, arranging meetings with Ukrainians claiming to have damaging information about the Bidens. Mr. Telizhenko helped plan a trip for Mr. Giuliani to Kyiv, the Ukrainian capital, in December 2019, during which Mr. Giuliani met with Mr. Derkach and recorded interviews with him and others that aired on Mr. Giuliani’s podcast and a special on the pro-Trump cable channel One America News Network.The Treasury Department seemed to allude to this trip in explaining its sanctions of Mr. Telizhenko, noting in its statement that he “orchestrated meetings between Derkach and U.S. persons to help propagate false claims concerning corruption in Ukraine.” The statement did not explicitly name Mr. Giuliani or the Bidens, but it asserted that the sanctioned Ukrainians “leveraged U.S. media, U.S.-based social media platforms and influential U.S. persons” in their efforts to spread damaging allegations.”I will continue to fight for the truth no matter what lies are spread against me, as God is where the truth is,” Mr. Telizhenko said in an emailed statement on Monday. “I stood and will stand with President Donald J. Trump.”Mr. Giuliani did not respond to a request for comment on Monday.After the sanctions against Mr. Derkach were announced in September, Mr. Giuliani said in an interview that he “didn’t do much investigation” of Mr. Derkach but had “no reason to believe he is a Russian agent.”Andrii Telizhenko and Mr. Giuliani, President Trump’s personal lawyer, posed for a photograph during a meeting in Ukraine in December 2019.Credit…Andrii Telizhenko/ReutersIn the interview, Mr. Giuliani said he knew Mr. Telizhenko “a lot better than I know Derkach,” adding he “looked into” Mr. Telizhenko “very carefully. I mean, look, I’m not a genius, but I would be shocked if he’s anything like a Russian agent.” He added: “I would vouch for very few Ukrainians. I’d come pretty close to vouching for him. I’m not sure I would completely vouch for him, but pretty close.”The sanctions against Mr. Derkach stemmed from his release of audio recordings of Mr. Biden talking to Petro O. Poroshenko, the former president of Ukraine. Mr. Trump promoted some of the material released by Mr. Derkach, who claimed the recordings revealed corruption, though the conversations were mostly unremarkable.Other Ukrainians targeted on Monday were accused of assisting in the efforts related to the recordings.Oleksandr Onyshchenko, a former Ukrainian lawmaker and ally of Mr. Poroshenko, was accused by the Treasury Department of providing the recordings to Mr. Derkach. Mr. Onyshchenko fled Ukraine in 2016 after being accused of fraud and money laundering.Oleksandr Dubinsky, a current member of the Ukrainian Parliament, was designated by the Treasury Department for joining Mr. Derkach in news conferences that highlighted the recordings. The Treasury Department said the news conferences were “designed to perpetuate” false narratives against “U.S. presidential candidates and their families.”Secretary of State Mike Pompeo said in a statement on Monday that the Ukrainian officials facing sanctions “have made repeated public statements advancing malicious narratives that U.S. government officials have engaged in corrupt dealings in Ukraine.” He added, “These efforts and narratives are consistent with or in support of Derkach’s objectives to influence the 2020 U.S. presidential election.”Two of the media companies that were punished — including NabuLeaks, which posted the recordings of Mr. Biden and Mr. Poroshenko — are owned or controlled by Mr. Derkach. The other two, Only News and Skeptik TOV, are owned by Mr. Derkach’s media manager Petro Zhuravel, who was also penalized by the Treasury Department on Monday.A number of Mr. Derkach’s allies were also targeted. They include Dmytro Kovalchuk, a member of his media team, and Anton Simonenko, a close associate who helped Mr. Derkach hide financial assets, according to the Treasury Department.AdvertisementContinue reading the main story More
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in ElectionsAdvertisementContinue reading the main storySupported byContinue reading the main storyThe ‘Red Slime’ Lawsuit That Could Sink Right-Wing MediaVoting machine companies threaten “highly dangerous” cases against Fox, Newsmax and OAN, says Floyd Abrams.Last week, a lawyer for Antonio Mugica sent scathing letters to Fox, Newsmax and OAN demanding that they immediately, forcefully clear his company’s name.Credit…Niklas Hallen/Getty ImagesDec. 20, 2020Updated 9:43 p.m. ETAntonio Mugica was in Boca Raton when an American presidential election really melted down in 2000, and he watched with shocked fascination as local government officials argued over hanging chads and butterfly ballots.It was so bad, so incompetent, that Mr. Mugica, a young Venezuelan software engineer, decided to shift the focus of his digital security company, Smartmatic, which had been working for banks. It would offer its services to what would obviously be a growth industry: electronic voting machines. He began building a global company that ultimately provided voting machinery and software for elections from Brazil to Belgium and his native Venezuela. He even acquired an American company, then called Sequoia.Last month, Mr. Mugica initially took it in stride when his company’s name started popping up in grief-addled Trump supporters’ wild conspiracy theories about the election.“Of course I was surprised, but at the same time, it was pretty clear that these people were trying to discredit the election and they were throwing out 25 conspiracy theories in parallel,” he told me in an interview last week from Barbados, where his company has an office. “I thought it was so absurd that it was not going to have legs.”But by Nov. 14, he knew he had a problem. That’s when Rudy Giuliani, serving as the president’s lawyer, suggested that one voting company, Dominion Voting Systems, had a sinister connection to vote counts in “Michigan, Arizona and Georgia and other states.” Mr. Giuliani declared on Twitter that the company “was a front for SMARTMATIC, who was really doing the computing. Look up SMARTMATIC and tweet me what you think?”Soon his company, and a competitor, Dominion — which sells its services to about 1,900 of the county governments that administer elections across America — were at the center of Mr. Giuliani’s and Sidney Powell’s theories, and on the tongues of commentators on Fox News and its farther-right rivals, Newsmax and One America News.“Sidney Powell is out there saying that states like Texas, they turned away from Dominion machines, because really there’s only one reason why you buy a Dominion machine and you buy this Smartmatic software, so you can easily change votes,” the Newsmax host Chris Salcedo said in one typical mash-up on Nov. 18. Maria Bartiromo of Fox Business reported on Nov. 15 that “one source says that the key point to understand is that the Smartmatic system has a backdoor.”The Fox Business host Maria Bartiromo.Credit…Monica Schipper/Getty ImagesHere’s the thing: Smartmatic wasn’t even used in the contested states. The company, now a major global player with over 300 employees, pulled out of the United States in 2007 after a controversy over its founders’ Venezuelan roots, and its only involvement this November was with a contract to help Los Angeles County run its election.In an era of brazen political lies, Mr. Mugica has emerged as an unlikely figure with the power to put the genie back in the bottle. Last week, his lawyer sent scathing letters to the Fox News Channel, Newsmax and OAN demanding that they immediately, forcefully clear his company’s name — and that they retain documents for a planned defamation lawsuit. He has, legal experts say, an unusually strong case. And his new lawyer is J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, at least $177 million, for a beef producer whose “lean finely textured beef” was described by ABC News as “pink slime.”Now, Mr. Connolly’s target is a kind of red slime, the stream of preposterous lies coming from the White House and Republican officials around the country.“We’ve gotten to this point where there’s so much falsity that is being spread on certain platforms, and you may need an occasion where you send a message, and that’s what punitive damages can do in a case like this,” Mr. Connolly said.Mr. Mugica isn’t the only potential plaintiff. Dominion Voting Systems has hired another high-powered libel lawyer, Tom Clare, who has threatened legal action against Ms. Powell and the Trump campaign. Mr. Clare said in an emailed statement that “we are moving forward on the basis that she will not retract those false statements and that it will be necessary for Dominion to take aggressive legal action, both against Ms. Powell and the many others who have enabled and amplified her campaign of defamation by spreading damaging falsehoods about Dominion.”These are legal threats any company, even a giant like Fox Corporation, would take seriously. And they could be fatal to the dream of a new “Trump TV,” a giant new media company in the president’s image, and perhaps contributing to his bottom line. Newsmax and OAN would each like to become that, and are both burning money to steal ratings from Fox, executives from both companies have acknowledged. They will need to raise significantly more money, or to sell quickly to investors, to build a Fox-style multibillion-dollar empire. But outstanding litigation with the potential of an enormous verdict will be enough to scare away most buyers.And so Newsmax and OAN appear likely to face the same fate as so many of President Trump’s sycophants, who have watched him lie with impunity and imitated him — only to find that he’s the only one who can really get away with it. Mr. Trump benefits from presidential immunity, but also he has an experienced fabulist’s sense of where the legal red lines are, something his allies often lack. Three of his close aides were convicted of lying, and Michael Cohen served more than a year in prison. (Trump pardoned Michael Flynn and commuted the sentence of Roger Stone.)OAN and Newsmax have been avidly hyping Mr. Trump’s bogus election claims. OAN has even been trying to get to Newsmax’s right, by continuing to reject Joe Biden’s status as president-elect. But their own roles in propagating that lie could destroy their businesses if Mr. Mugica sues.The letters written by lawyers for Smartmatic and Dominion are “extremely powerful,” said Floyd Abrams, one of the country’s most prominent First Amendment lawyers, in an email to The New York Times. “The repeated accusations against both companies are plainly defamatory and surely have done enormous reputational and financial harm to both.”Mr. Abrams noted that “truth is always a defense” and that, failing that, the networks may defend themselves by saying they didn’t know the charges were false, while Ms. Powell may say she was simply describing legal filings.“It is far too early to predict how the cases, if commenced, will end,” he said. “But it is not too early to say that they would be highly dangerous to those sued.”Lawyers said they expected that the right-wing networks, if sued, would argue that Smartmatic and Dominion should be considered “public figures” — which would require the companies to prove that its critics were malicious or wildly reckless, not just wrong.Mr. Connolly said he would argue that Smartmatic was not a public figure, a legal status whose exact meaning varies depending on whether Mr. Mugica files suit in Florida, New York or another state.“They have a very good case,” another First Amendment lawyer who isn’t connected to the litigation, the University of Florida professor Clay Calvert, said of Smartmatic. “If these statements are false and we are taking them as factual statements, that’s why we have defamation law.”Fox News and Fox Business, which have mentioned Dominion 792 times and Smartmatic 118 times between them, according to a search of the service TVEyes, appear to be taking the threat seriously. Over the weekend, they broadcast one of the strangest three-minute segments I’ve ever seen on television, with a disembodied and anonymous voice flatly asking a series of factual questions about Smartmatic of an expert on voting machines, Eddie Perez, who debunks a series of false claims. The segment, which appeared scripted to persuade a very literal-minded judge or jury that the network was being fair, aired over the weekend on the shows hosted by Lou Dobbs, Jeanine Pirro and Maria Bartiromo, where Mr. Giuliani and Ms. Powell had made their most outlandish claims.Newsmax said in an emailed statement that the channel “has never made a claim of impropriety about Smartmatic, its ownership or software” and that the company was merely providing a “forum for public concerns and discussion.” An OAN spokeswoman didn’t respond to an inquiry.I’m reluctant to cheer on a defamation case against news organizations, even networks that appear to be amplifying dangerous lies. Companies and politicians often exploit libel law to threaten and silence journalists, and at the very least subject them to expensive and draining litigation.And defamation cases can also collide with subjects of genuine public interest, as in the most prominent case I’ve been involved in, when a businessman sued me and my colleagues at BuzzFeed News for publishing the Steele Dossier, while acknowledging that it was unverified. There, a judge ruled that the document was an official record that BuzzFeed was entitled to publish.In this controversy, even the voting companies’ worst critics find the coverage wildly distorted.“They’ve been mining every paper I’ve ever written and any deposition I’ve ever given and it’s nonsense,” said Douglas W. Jones, an associate professor of computer science at the University of Iowa who has long argued that voting software isn’t as secure as its vendors claim. He said Ms. Powell’s cybersecurity expert, Navid Keshavarz-Nia, called him on Nov. 15, apparently seeing him as a potential ally, and spent an hour going point-by-point over claims that would wind up in a deposition. “He seemed sane, but every time I would ask him for evidence that would support one of these allegations he would squirm off to a different allegation,” Mr. Jones said.As the conversation wore on, he wondered, “Was someone trying to pull a ‘Borat’ on me?”But the allegations are no joke for Smartmatic and Dominion. Mr. Mugica said he had taken worried calls from governments and politicians all over the world, concerned that Mr. Trump’s poison will seep into their politics and turn a Smartmatic contract into a liability.“This potentially could destroy it all,” he said.Mr. Mugica wouldn’t say whether he has made up his mind to sue. Mr. Connolly said that he has “a lot of people watching a lot of videos right now,” and that he’s researching whether to file in New York, Florida or elsewhere. I asked Mr. Mugica if he’d settle for an apology.“Is the apology going to reverse the false belief of tens of millions of people who believe in these lies?” he asked. “Then I could be satisfied.”AdvertisementContinue reading the main story More
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