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    US Capitol attack committee plans April hearings to show how Trump broke law

    US Capitol attack committee plans April hearings to show how Trump broke lawCourt filing says public hearings will address ‘in detail’ Trump’s legal culpability for obstructing Congress and defrauding the US The House select committee investigating the Capitol attack is hoping to show through public hearings in April how it believes Donald Trump came to violate federal laws in his efforts to overturn the 2020 US election results, the panel has indicated in court documents.The hearings are set to be a major and historical political event in America as the panel seeks to publicly show the extent of its investigations so far into the shocking events that saw a pro-Trump mob invade the Capitol in an attempt to stop the certification of the election of Joe Biden by Congress.Keyword list for Trump lawyer hints at focus of US Capitol attack investigationRead moreThe panel alleged in a court filing on Wednesday that Trump and his associates obstructed Congress and conspired to defraud the United States on 6 January, arguing it meant the former Trump lawyer John Eastman could not shield thousands of emails from the inquiry.But the public hearings – which are likely to come late next month, the chair of the select committee, Bennie Thompson, told the Guardian – will address just how Trump came to interfere with the joint session of Congress through rhetoric he knew to be false or unlawful.“The president’s rhetoric persuaded thousands of Americans to travel to Washington for January 6, some of whom marched on the Capitol, breached security, and took other illegal actions. The select committee’s hearings will address those issues in detail,” the filing said.The panel also said in its court submission that the public hearings would address how Trump appeared to lay the groundwork for his rhetoric inciting the Capitol attack by promoting claims of election fraud in the 2020 election that he had been told were without merit.“Despite being repeatedly told his allegations of campaign fraud were false, the President continued to feature those same false allegations in ads seen by millions,” the filing said. “The select committee will address these issues in detail in hearings this year.”The select committee indicated the public hearings would serve as the opportunity to cast a light on Trump’s secret efforts to overturn the election, from his attempts to pressure the then vice-president, Mike Pence, to return him to office, to abuse of the justice department.“We want to paint a picture as clear as possible as to what occurred,” Thompson told reporters on Capitol Hill on Thursday. “The public needs to know what to think. We just have to show clearly what happened on January 6.”Thompson said that the select committee has witnesses who have volunteered to testify before the panel in public hearings, though he did not specify whether they included former Trump administration officials or Capitol attack rioters who had been charged.The clues as to what the panel will address in the much-anticipated public hearings, which will precede an interim report of its findings, came in a filing in which the select committee said for the first time they believed Trump had engaged in criminal activity.The Guardian first broke the news earlier this year that the select committee was investigating whether Trump oversaw a criminal conspiracy that connected the “political elements” of his scheme to return himself to office with the violence perpetrated by far-right militias.The fact that the panel said it had evidence of criminality does not mean House investigators will ultimately refer Trump to the justice department for prosecution. But its inclusion in the brief suggested the panel thinks it has sufficient materials to convince a judge.TopicsUS Capitol attackDonald TrumpHouse of RepresentativesUS politicsnewsReuse this content More

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    Trump participated in potential crimes to overturn 2020 election, Capitol attack panel claims

    Trump participated in potential crimes to overturn 2020 election, Capitol attack panel claimsIn a major filing, the House committee says it believes the former president was obstructing Congress and defrauding the US The House select committee investigating the January 6 Capitol attack said in a major filing on Wednesday that it believed that Donald Trump violated multiple federal laws to overturn the 2020 election, including obstructing Congress and defrauding the United States.The revelations came as part of a filing that intended to force John Eastman, Trump’s former lawyer, to turn over thousands of emails and records since his participation in potential crimes destroyed his arguments for attorney-client privilege protections.Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelRead moreThe House counsel Douglas Letter said in the 61-page filing that the select committee had a basis for concluding Trump violated the law by obstructing or attempting to obstruct an official proceeding and defrauded the United States by interfering with lawful government functions.The former president knew he had not won enough electoral college votes to win the 2020 election, yet nevertheless sought to have the then vice-president, Mike Pence, to manipulate the results in his favor, the filing said about Trump’s obstruction.Had the effort to pressure Pence into returning Trump to power succeeded, the certification of Joe Biden’s win would have been impeded. “There is no genuine question that the president and plaintiff attempted to accomplish this specific illegal result,” the filing said.The select committee said in the court submission that it believed Trump defrauded the United States by interfering in the certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results.House investigators also said there was evidence to suggest that the conspiracy to defraud extended to the Capitol attack, arguing it was plausible to argue Trump entered a conspiracy with the rioters to disrupt Biden’s certification on 6 January.The Guardian first broke the news earlier this year that the select committee was investigating whether Trump oversaw a criminal conspiracy that connected the “political elements” of his scheme to return himself to office with the violence perpetrated by far-right militias.Letter also said in the filing that the select committee believed Trump and his associates appeared to have violated the law by engaging in common law fraud as they sought to overturn the results of the 2020 election.The select committee’s findings came as part of a 16-part court submission to persuade a federal judge to force Eastman, a central figure in Trump’s scheme to return himself to office, to at least allow the panel to confidentially review his records. Eastman helped lead a team of lawyers at a Trump “war room” at the Willard hotel in Washington DC, which Trump called from the White House the night before the Capitol attack to discuss ways to stop Biden’s certification from taking place, the Guardian has reported.He has so far turned over about 8,000 pages of emails and documents from 4-7 January to the panel, but has withheld an additional 11,000 documents on the basis that they are protected by attorney-client privilege or constitute confidential attorney work product.The panel also said in the filing that Eastman’s attorney-client privilege claims were undercut by his inability to show he had been formally retained as Trump’s lawyer. An “engagement letter” that Eastman produced last week was unsigned.Through Letter’s submission, the select committee added Eastman could not claim to assert attorney-client privilege over emails he sent on his Chapman university email server, and those messages were not protected by the attorney work product protection.House investigators said the evidence against Trump – and Eastman’s role in counselling Trump to engage in potentially criminal activity – meant that Eastman’s claims of attorney-client privilege were destroyed by the so-called “crime-fraud exception”, among other arguments.“The attorney-client privilege does not shield participants in a crime from an investigation into a crime,” select committee member Jamie Raskin told the Guardian. “If it did, then all you would have to do to rob a bank is bring a lawyer with you and be asking for advice.”The select committee said that in the first instance, it simply wanted to examine Eastman’s records “in camera” – a process that takes place when a reasonable person would agree a review of the materials may help establish whether the crime-fraud exception applies.TopicsUS Capitol attackDonald TrumpUS politicsHouse of RepresentativesnewsReuse this content More

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    Jan. 6 Committee Lays Out Potential Criminal Charges Against Trump

    In a court filing, the panel said there was enough evidence to suggest that the former president might have engaged in a criminal conspiracy as he fought to remain in office.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol said on Wednesday that there was enough evidence to conclude that former President Donald J. Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.In a court filing in a civil case in California, the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had accumulated evidence demonstrating that Mr. Trump, the conservative lawyer John Eastman and other allies could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.The filing also said the men might have broken a common law statute against fraud through Mr. Trump’s repeated lies that the election had been stolen.The filing disclosed only limited new evidence, and the committee asked the judge in the civil case to review the relevant material behind closed doors. In asserting the potential for criminality, the committee largely relied on the extensive and detailed accounts already made public of the actions Mr. Trump and his allies took to keep him in office after his defeat.The committee added information from its more than 550 interviews with state officials, Justice Department officials and top aides to Mr. Trump, among others. It said, for example, that Jason Miller, Mr. Trump’s senior campaign adviser, had said in a deposition to the committee that Mr. Trump had been told soon after Election Day by a campaign data expert “in pretty blunt terms” that he was going to lose, suggesting that Mr. Trump was well aware that his months of assertions about a stolen election were false.The evidence gathered by the committee “provides, at minimum, a good-faith basis for concluding that President Trump has violated” the obstruction count, the filing, written by Douglas N. Letter, the general counsel of the House, states, adding: “The select committee also has a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the United States.”The filing said that a “review of the materials may reveal that the president and members of his campaign engaged in common law fraud in connection with their efforts to overturn the 2020 election results.”Representatives of Mr. Trump and Mr. Eastman did not immediately respond to requests for comment.The panel, which is controlled by Democrats, is a legislative committee and has no authority to charge the former president — or anyone else — with a crime.But the filing contains the clearest indication yet about the committee’s direction as it weighs making a criminal referral to the Justice Department against Mr. Trump and his allies, a step that could put pressure on Attorney General Merrick Garland to take up the case. The Justice Department has so far said little of substance about whether it might ultimately pursue a case.The filing laid out a sweeping if by now well-established account of the plot to overturn the election, which included false claims of election fraud, plans to put forward pro-Trump “alternate” electors, pressure various federal agencies to find irregularities and ultimately push Vice President Mike Pence and Congress to exploit the Electoral Count Act to keep a losing president in power.“As the president and his associates propagated dangerous misinformation to the public,” the filing said, Mr. Eastman “was a leader in a related effort to persuade state officials to alter their election results based on these same fraudulent claims.”The court filing stemmed from a lawsuit filed by Mr. Eastman, who is trying to persuade a judge to block the committee’s subpoena for documents in his possession, claiming “a highly partisan” invasion of his privacy. The committee issued a subpoena to Mr. Eastman in January, citing a memo he wrote laying out how Mr. Trump could use the vice president and Congress to try to invalidate the 2020 election results.As part of the suit, Mr. Eastman sought to shield from release documents he said were covered by attorney-client privilege. In response, the committee argued — under the legal theory known as the crime-fraud exception — that the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Mr. Eastman then argued the committee had offered “no evidence” of the existence of a crime-fraud exception, prompting the committee’s latest filing.“The evidence supports an inference that President Trump, plaintiff and several others entered into an agreement to defraud the United States by interfering with the election certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results and federal officials to assist in that effort,” the filing states.It also made reference to a recent ruling in a civil suit in Washington, D.C., in which Judge Amit P. Mehta of the Federal District Court found that it was “plausible to believe that the president entered into a conspiracy with the rioters on Jan. 6, 2021.”“In addition to the legal effort to delay the certification, there is also evidence that the conspiracy extended to the rioters engaged in acts of violence at the Capitol,” the filing said.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Subpoenaed lawyers. More

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    Trump violated federal laws in bid to overturn election, Capitol attack panel claims

    Trump violated federal laws in bid to overturn election, Capitol attack panel claimsIn a major filing, the House committee says the former president was obstructing Congress and defrauding the United States The House select committee investigating the January 6 Capitol attack said in a major filing on Wednesday that it believed that Donald Trump violated multiple federal laws to overturn the 2020 election, including obstructing Congress and defrauding the United States.The revelations came as part of a filing that intended to force John Eastman, Trump’s former lawyer, to turn over thousands of emails and records since his participation in potential crimes destroyed his arguments for attorney-client privilege protections.Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelRead moreHouse counsel Douglas Letter said in the 61-page filing that the select committee had a basis for concluding Trump violated the law by obstructing or attempting to obstruct an official proceeding and defrauded the United States by interfering with lawful government functions.Eastman has so far turned over about 8,000 pages of emails and documents from 4-7 January to the panel, but has withheld an additional 11,000 documents on the basis that they are protected by attorney-client privilege or constitute confidential attorney work product.The select committee has previously disputed his privilege claims by arguing that he has not demonstrated he had been formally retained as a lawyer for Trump, the White House or the Trump campaign. An ‘engagement letter’ that Eastman produced last week was unsigned.Eastman was a central figure to Trump’s efforts to overturn the 2020 election, and helped lead a “war room” at the Willard hotel in Washington that orchestrated a scheme to have then-vice-president Mike Pence return Trump to office.TopicsUS Capitol attackDonald TrumpUS politicsHouse of RepresentativesnewsReuse this content More

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    Keyword list for Trump lawyer hints at focus of US Capitol attack investigation

    Keyword list for Trump lawyer hints at focus of US Capitol attack investigationHouse committee tells John Eastman to prioritize terms linked with possible conspiracy in complying with documents subpoena The House select committee investigating the January 6 attack on the US Capitol is asking the former Trump lawyer John Eastman to prioritize turning over records with certain keywords as he complies with his subpoena – a list of terms that reveal the panel’s focus as it investigates a potential conspiracy.The keywords include a Gmail address used by Donald Trump’s former chief of staff Mark Meadows and the names of various individuals involved in the effort to overturn the 2020 election, from top Trump aides to Republican members of Congress to the former justice department official Jeffrey Clark.Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelRead moreThe search terms list – which the select committee transmitted to Eastman – provides a glimpse of what House investigators suspect might be contained among the thousands of emails and documents that Eastman is being forced to review to comply with his subpoena.But the keywords also reveal the current investigative focus of the panel and the role Eastman played as one of the leading members of the Trump “war room” at the Willard hotel in Washington that coordinated Trump’s plan to return himself to office on 6 January 2021.The list is intended to act as a dragnet to catch his records from 4 to 7 January about efforts to overturn the 2020 election results between Eastman and individuals in different “centres of gravity”, according to a source with direct knowledge of the investigation.One focus for the select committee is Eastman’s records concerning Donald Trump, former vice-president Mike Pence and top Trump officials, where keywords include items as simple as “Trump”, or “EOP”, the government acronym for the executive office of the president.The select committee is examining Eastman’s records about Republican members of Congress including Andy Biggs, Mo Brooks, Ted Cruz, Louie Gohmert, Paul Gosar, Josh Hawley, Cindy Hyde-Smith, Jim Jordan, Cynthia Lummis, Roger Marshall, Doug Mastriano, Scott Perry and Tommy Tuberville.Another priority for the panel is messages between Eastman and those he communicated with across the federal government. The list includes the domains “usdoj.gov” and “justice.gov” for the justice department, “senate.gov” for the Senate, and “house.gov” for the House.The select committee’s addition of “congressnc@gmail.com” – a sometime email address used by Meadows, who was a House Republican representing North Carolina before he became Trump’s final chief of staff – indicates it also wants messages not in official email records.The keywords also account for typos. In seeking Eastman’s messages with former Trump White House counsel Pat Cipollone, for instance, the panel included misspellings of his name they have found in other documents, from “Cippolone” to “Cippollone”.The list of terms is speculative insofar as it amounts only to what the select committee hopes are among Eastman’s most sensitive records and messages. But the keywords are there because the panel has reason to believe such communications exist, the source said.Taken together, the source said, the keywords reflect the panel’s suspicion that Eastman was at the heart of what could amount to an unlawful conspiracy between the Trump White House, GOP members of Congress and Trump loyalists at DoJ to obstruct Congress on 6 January.A spokesperson for the panel declined to comment. Eastman did not respond to a request for comment ahead of a hearing next week where he will attempt to withhold from the select committee documents he believes are protected by executive and attorney-client privilege.The list of keywords for Eastman also reflects the new urgency that has gripped the panel in recent weeks as it races to complete the evidence-gathering phase of the investigation.The panel is cognizant of how its investigators have managed to upend Washington with aggressive subpoena tactics more commonly seen in criminal prosecutions than congressional inquiries.For witnesses that might prove problematic, the chairman of the panel, Bennie Thompson, has moved to issue automatic subpoenas compelling documents and testimony, often before committee counsel has taken the customary step of first requesting voluntary cooperation.At the same time, the select committee has taken a broad view of its mandate: to investigate whether there was any coordination between the “political elements” of Trump’s plan to obstruct the certification of Biden’s election win in addition to the Capitol attack itself.That has increased the panel’s workload and pushed back the timeline, Thompson told the Guardian on Monday, though he said he still hoped for public hearings in April. “We keep adding to the list of people we need to talk to. That’s grown the body of work,” he said.TopicsUS Capitol attackHouse of RepresentativesDonald TrumpUS politicsnewsReuse this content More

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    Takeaways From Texas's 2022 Primary Elections

    Republicans’ turnout swamped Democrats’, while progressives claimed wins in the first elections of the 2022 midterms.For nearly a decade, the refrain from Texas Democrats has been that they are on the verge of making their state competitive, even though no Democrat has won a statewide race since 1994.Tuesday’s primary results illustrated that Democrats still have a long way to go.With more than three-quarters of the votes counted, nearly 800,000 more Republicans than Democrats voted for a candidate for governor — a gap far larger than the one in 2018, the last midterm primary election in Texas.To be sure, Republicans had a more competitive primary than Democrats. Gov. Greg Abbott’s contest against Republican challengers from his right may have been more of a draw than Beto O’Rourke’s glide path to the Democratic nomination. And Democrats will be quick to note that primary turnout is not always a predictor of big turnout in November.Still, Republicans demonstrated they are energized — even when divided between far-right and mainstream factions — and hardly ceding their hold on the state.Abbott’s right turn paid off.Before this year, Mr. Abbott had never faced a competitive Republican primary in his 25-year political career. But in a moment of conservative energy, with Republicans furious about the 2020 election and President Biden’s immigration policies, a field of Republicans bet that Mr. Abbott would be vulnerable to a challenger from his right.Turns out they were wrong.Armed with a $60 million war chest, Mr. Abbott easily dispatched seven Republicans, taking more than two-thirds of the vote. It was a win that was a year in the making. Mr. Abbott has spent much of last year placating the state’s conservative base by passing new restrictions on abortion, easing gun laws and enacting new limits on how Texas schools teach about the history of racism. Days before the primary, Mr. Abbott directed state health agencies to classify medical treatments commonly provided to transgender adolescents as “child abuse.”Mr. Abbott’s record was a striking demonstration of how a primary threat can help the right wing of the Republican Party drive the agenda, even in a state that has been trending toward Democrats.A Guide to the 2022 Midterm ElectionsPrimaries Begin: The Texas primaries officially opened the midterm election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering.Governors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.In the general election, Mr. Abbott will again be a heavy favorite, this time against Mr. O’Rourke, the Democrat and former congressman who narrowly lost a 2018 race to Senator Ted Cruz and then flopped in the 2020 presidential primary.Mr. Abbott has been said to have presidential ambitions himself, if Mr. Trump does not run again in 2024. The next step on that journey for him will require a decisive victory in November. In a year when Republicans are expected to do well, he will need a show of strength in Texas to make a case he can appeal to voters nationwide.Beto O’Rourke in Fort Worth after winning his primary.LM Otero/Associated PressBeto O’Rourke put up a big number.Four years ago when he ran for the Senate, Mr. O’Rourke took just 61 percent of the 2018 Senate primary vote even though he was running against little-known, poorly funded candidates.Now, after Mr. O’Rourke has become the best-known figure in Texas Democratic politics, he easily dominated a field of four Democratic primary opponents.Mr. O’Rourke took more than 90 percent of the primary vote, carrying nearly all of the 254 counties in Texas after losing 76 of them four years ago.Mr. O’Rourke’s broad win was a reminder that he enters this race as a far different candidate than the plucky underdog who became a national star in 2018. Now running for governor, Mr. O’Rourke has name recognition and the state’s largest fund-raising network, but also baggage from his previous races. His call for government confiscation of some firearms will continue to appear in Republican attacks against him, and he also has to overcome significant G.O.P. advantages in the state.Trump picked (easy) winners.As the first primary contest of 2022, Texas previewed what will be a dominant theme of the primary season: Can Donald J. Trump play kingmaker?Mr. Trump’s record was mixed. The former president endorsed 33 Texas Republicans ahead of their primaries, but virtually all of them were widely expected to win before receiving the Trump seal of approval. As of early Wednesday morning, all of Mr. Trump’s picks for Congress were on pace to win their nominations.But other races raised doubts that Mr. Trump’s approval alone could secure a victory. Attorney General Ken Paxton, who was endorsed by Mr. Trump, and Dawn Buckingham, Mr. Trump’s choice for land commissioner, were both headed to runoffs in May, after failing to get more than 50 percent of the vote.“Big night in Texas!” Mr. Trump said late Tuesday. “All 33 candidates that were Trump endorsed have either won their primary election or are substantially leading in the case of a runoff.”There were also signs that it can be perilous for Republicans to cross Mr. Trump. Representative Van Taylor, a two-term incumbent from the Dallas exurbs who voted to confirm the 2020 election results and for a commission to investigate the Jan. 6 attack on the United States Capitol, was in danger of being forced into a runoff as votes were still being tallied early Wednesday. Mr. Taylor outspent his competitors nearly 10 to 1.That figure may put a scare into Republican incumbents facing more significant tests from Trump-backed challengers in the coming months. Representative Liz Cheney of Wyoming, Senator Lisa Murkowski of Alaska and Republicans who voted for impeachment from Michigan, South Carolina and Washington State are all vulnerable and the subject of Mr. Trump’s obsession.Greg Casar in Austin after winning his primary.Ilana Panich-Linsman for The New York TimesThe Squad may get reinforcements.Progressives frustrated by Mr. Biden’s stalled social policy agenda were looking for a boost in Texas and got one — possibly three.Greg Casar, a former Austin city councilman, won easily Tuesday night and appears poised to come to Washington next year from his safely Democratic district. Another progressive contender, Jessica Cisneros, forced a runoff with Representative Henry Cuellar, a moderate who narrowly defeated her in the 2020 primary but is now under investigation by the F.B.I.Jasmine Crockett, a state lawmaker who was among the ringleaders of Texas Democrats’ flight to Washington to delay new Republican voting laws last summer, has a large lead but appears bound for a runoff in a Dallas-area district. Ms. Crockett was endorsed by Representative Eddie Bernice Johnson, who has represented the district for 35 years. Ms. Crockett leaned into the endorsement: Her campaign slogan was “passing the torch, fueling the fire.”Together, Mr. Casar, Ms. Cisneros and Ms. Crockett would bring new energy to the liberal wing of the House and to “the Squad” of progressive Democrats. Last month, Representative Alexandria Ocasio-Cortez of New York came to Texas to campaign for Mr. Casar and Ms. Cisneros. More