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      in Elections

      Redrawing the Map in New York

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      Sydney Harper and Soraya Shockley and M.J. Davis Lin and Listen and follow The DailyApple Podcasts | Spotify | StitcherAfter the 2020 census, New York, like many other states, is using population data to redraw congressional and legislative districts.With the midterm elections just a year away, the outcome of the reconfiguring could be crucial in determining which party takes control of the House of Representatives — which Democrats currently hold by a thin margin.Clearly aware of the stakes, New York Democrats are considering a tactic that is usually a preserve of the Republican Party: gerrymandering.On today’s episodeNicholas Fandos, a political correspondent for The New York Times.The State Legislature in Albany this month. Republicans and Democrats on the redistricting commission can’t agree on a set of maps for legislative districts.Cindy Schultz for The New York TimesBackground readingA bipartisan commission will examine two competing proposals for the redistricting of New York State. The failure to compromise may pave the way for Democrats to step in and knock out Republican congressional seats.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Nicholas Fandos contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Annie Brown, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Wendy Dorr, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Austin Mitchell, Neena Pathak, Dan Powell, Dave Shaw, Sydney Harper, Daniel Guillemette, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Kaitlin Roberts, Rachelle Bonja, Diana Nguyen, Marion Lozano, Soraya Shockley, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop and Chelsea Daniel.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Theo Balcomb, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Nora Keller, Sofia Milan, Desiree Ibekwe, Erica Futterman, Wendy Dorr and Elizabeth Davis-Moorer. More

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      in US Politics

      Biden announces US will donate another 500m vaccine doses at Covid summit – live

      by

      Key events

      Show

      5.38pm EDT
      17:38

      Federal Reserve hints it will end pandemic stimulus programs

      5.00pm EDT
      17:00

      Today so far

      4.29pm EDT
      16:29

      Biden to consider ‘potential further executive actions’ after police reform talks fail

      1.53pm EDT
      13:53

      Police reform negotiations come to a formal close, Bass says

      12.54pm EDT
      12:54

      France to send ambassador back to US after Macron-Biden call

      12.03pm EDT
      12:03

      Today so far

      11.00am EDT
      11:00

      Biden to announce US will donate another 500m vaccine doses to other countries

      Live feed

      Show

      5.44pm EDT
      17:44

      Dominic Rushe

      The latest Fed statement also showed that more members of the Fed committee now believe that interest rates should rise in the near future. Nine of the 18 officials expect to raise interest rates by the end of 2022, up from seven officials in June when a majority said they thought rates would rise in 2023.
      US stock markets reacted favorably to the news, which suggests the economy is still recovering from the pandemic, albeit with uncertainties remaining. Investors have been spooked in recent days by news that troubled Chinese property developer Evergrande could default on its $300bn debts. The company’s woes could drag in investors worldwide, but on Tuesday the company said it would be able to meet some of its obligations.
      Powell said the situation “seems particular to China which has very high debt for an emerging market economy.
      “In terms of the implications for us, there is not a lot of direct United States exposure,” he said.

      5.38pm EDT
      17:38

      Federal Reserve hints it will end pandemic stimulus programs

      Dominic Rushe

      The Federal Reserve signaled on Wednesday that it may start cutting its enormous pandemic stimulus programs as soon as November and could raise interest rates next year.
      The US central bank left interest rates unchanged at near zero after its latest meeting. Rates were cut in March 2020 as the US economy reeled from the impact of the pandemic. But the Fed also indicated it may soon start pulling back on the $120bn in monthly asset purchases program that it started when the coronavirus hit the US.
      “If progress continues broadly as expected, the Committee judges that a moderation in the pace of asset purchases may soon be warranted,” the Fed’s post-meeting statement said.
      At a press conference Fed chair Jerome Powell said the jobs market was “very strong” and that while the central bank was trimming its forecasts for economic growth it still foresees “rapid growth” in the economy.
      Powell said the pandemic was still having an impact and that bottlenecks and shortages were driving price inflation but he expected that situation to ease as long as the coronavirus pandemic is contained. “The path of the economy still continues to depend on the course of the virus,” he said.
      Read more:

      5.17pm EDT
      17:17

      Florida’s surgeon general Joseph Ladapo has issued a new emergency rule that parents can decide whether or not their children should quarantine after being exposed to someone who tested positive for Covid-19.
      Governor Ron DeSantis announced that Lapado, who has been skeptical of research-backed public health measures like mask-wearing, lockdowns and vaccines to curb the spread of coronavirus, would be the state’s new surgeon general on Tuesday. The Republican governor has tried to ban schools from enforcing mask mandates.
      The new rule states that parents rather than school administrations, must be the ones to decide asymptomatic kids who have been exposed to the virus should quarantine.
      It was “important to respect the rights of parents”, Ladapo said.
      The new emergency rule will replace a previous rule requiring students to quarantine for four days after being exposed.

      Updated
      at 5.33pm EDT

      5.00pm EDT
      17:00

      Today so far

      That’s it from me today. My west coast colleague, Maanvi Singh, will take over the blog for the next few hours.
      Here’s where the day stands so far:

      Joe Biden announced the US will donate another 500 million Pfizer coronavirus vaccine doses to other countries. The announcement means the Biden administration has now committed to sending more than 1.1 billion vaccine doses abroad. “Put another way, for every one shot we’ve administered to date in America, we have now committed to do three shots to the rest of the world,” Biden said at a virtual Covid summit today.
      Emmanuel Macron is sending the French ambassador to the US back to Washington, after he and Biden had a conversation today about France’s outrage over the Aukus defense deal. The French president also plans to meet with Biden in Europe next month.
      Bipartisan talks over a police reform bill have officially collapsed, after months of back-and-back between the negotiators. Democratic congresswoman Karen Bass blamed the failure on Republicans involved in the negotiations, saying in a statement, “Every time, more was demanded to the point that there would be no progress made in the bill that we were left discussing.” Biden said he would consider “potential further executive actions” to address police reform after the talks collapsed.
      House Democrats passed their spending bill to keep the government funded and suspend the debt ceiling until December. However, the legislation faces bleak prospects in the evenly divided Senate, where Republican leader Mitch McConnell has pledged to oppose any effort to raise the debt ceiling.
      The select committee investigating the Capitol insurrection is considering issuing a number of subpoenas to former Trump administration officials. Former White House chief of staff Mark Meadows, deputy chief of staff Dan Scavino and former Trump campaign manager Brad Parscale are among those who are likely to get subpoenaed by the committee.

      Maanvi will have more coming up, so stay tuned.

      4.44pm EDT
      16:44

      House speaker Nancy Pelosi said the chamber is “on schedule” to hold a vote on the bipartisan infrastructure bill on Monday.
      Asked whether the House will also be ready to vote on the reconciliation package by Monday, as progressive lawmakers have demanded, Pelosi did not give a concrete answer.

      Zak Hudak
      (@cbszak)
      “We’re on schedule, let’s put it that way,” Speaker Pelosi says of the bipartisan infrastructure deal slated to reach the floor next wk. She wouldn’t say when the reconciliation package would be considered but said, “We’re calm and everybody’s good.” pic.twitter.com/H6hZa8sigz

      September 22, 2021

      “We’re calm, and everybody’s good, and our work’s almost done,” Pelosi told reporters on Capitol Hill.
      The Democratic speaker met with Joe Biden at the White House this afternoon, as progressives threaten to block the infrastructure bill over their concerns about the reconciliation package.

      4.29pm EDT
      16:29

      Biden to consider ‘potential further executive actions’ after police reform talks fail

      Joe Biden said he will consider “potential further executive actions” to address police reform after the bipartisan team of congressional negotiators failed to reach a deal on a bill.
      “The murder of George Floyd is a stain on the soul of America,” the president said in a new statement addressing the collapse of the negotiations. “It spurred the nation to collectively demand justice, and we will be remembered for how we responded to the call.”
      Biden said he was “deeply grateful” to congresswoman Karen Bass and Senator Cory Booker for working to reach an agreement over the past several months.
      “Regrettably, Senate Republicans rejected enacting modest reforms, which even the previous president had supported, while refusing to take action on key issues that many in law enforcement were willing to address,” Biden said.
      The president noted he still hoped to sign police reform legislation, but he said he would soon explore additional steps to determine what executive action he may be able to take on the issue.
      “In the coming weeks, we will continue to work with Senator Booker, Congresswoman Bass, and other members of Congress who are serious about meaningful police reform,” Biden said.
      “The White House will continue to consult with the civil rights and law enforcement and civil rights communities, as well as victims’ families to define a path forward, including through potential further executive actions I can take to advance our efforts to live up to the American ideal of equal justice under law.”

      4.11pm EDT
      16:11

      The White House shared a photo from Joe Biden’s phone call with French President Emmanuel Macron earlier today.
      “Today I spoke with President Emmanuel Macron of France, and reaffirmed the importance of French and European engagement in the Indo-Pacific region,” Biden said in a tweet that included the photo.
      “I look forward to a process of in-depth consultations and to meeting with him in October.”

      President Biden
      (@POTUS)
      Today I spoke with President Emmanuel Macron of France, and reaffirmed the importance of French and European engagement in the Indo-Pacific region. I look forward to a process of in-depth consultations and to meeting with him in October. pic.twitter.com/MouVMCBgDR

      September 22, 2021

      Asked about the two leaders’ conversation during the White House press briefing, Jen Psaki said the call was “friendly” and lasted around 30 minutes.
      “It was one where we’re hopeful and the president is hopeful this is a step in returning to normal,” Psaki said of the phone call.
      Psaki did not explicitly say whether Biden apologized to Macron for failing to give him advance notice about the Aukus defense deal, instead telling reporters, “He acknowledged that there could have been greater consultation.”

      3.55pm EDT
      15:55

      Civil rights attorneys Ben Crump and Antonio Romanucci, who have represented the family of George Floyd, expressed “extreme disappointment” over the collapse of police reform talks in Congress.
      “In the last year and a half, we have witnessed hundreds of thousands of Americans urging lawmakers to bring desperately needed change to policing in this country so there can be greater accountability, transparency, and ultimately trust in policing,” the lawyers said in a statement.
      “We can not let this be a tragic, lost opportunity to regain trust between citizens and police.”
      Crump and Romanucci urged Senate Democrats to bring the George Floyd Justice in Policing Act, which passed the House in March, to the floor “so Americans can see who is looking out for their communities’ best interests”.

      3.39pm EDT
      15:39

      In his own statement on the collapse of the police reform negotiations, Democratic Senator Cory Booker said the talks failed because there was “too wide a gulf with our negotiating partners”.
      “We made it clear from the beginning of our negotiations that a bill must ensure true accountability, transparency, and the policing standards necessary to bring an end to horrific incidents of violence Americans are routinely seeing — like the murder of George Floyd,” Booker said.
      “After months of exhausting every possible pathway to a bipartisan deal, it remains out of reach right now, even after working collaboratively with and securing the support of policing groups like the Fraternal Order of Police and International Association of Chiefs of Police for our proposals.”
      Echoing fellow Democratic negotiator Karen Bass, Booker said the time had come to “explore all other options to achieve meaningful and common sense policing reform”.
      “I will not stop fighting until we achieve change that keeps our communities and police officers safe,” Booker concluded.

      3.20pm EDT
      15:20

      Jen Psaki said Joe Biden was “disappointed” that the bipartisan negotiations over the police reform bill collapsed without a deal today.
      “Unfortunately, Republicans rejected reforms that even the previous president had supported and refused to engage on key issues that many in law enforcement were willing to address,” Psaki said.
      The press secretary noted Biden was “greatly appreciative” for congresswoman Karen Bass and senator Cory Booker’s efforts in the negotiations.
      Psaki said Biden would be meeting with members of Congress, law enforcement groups and civil rights advocates in the weeks to come to discuss a path forward, “including potential executive actions” that he can take on police reform.

      3.03pm EDT
      15:03

      Jen Psaki said the White House is “certainly” concerned about the possibility of the government shutting down next week if a funding bill is not approved.
      “Until a [continuing resolution] has passed that funds the government, we’ll certainly have a concern,” the White House press secretary said. “But our goal and our focus is on preventing that from happening.”
      Noting that the House has already passed a bill to fund the government and suspend the debt ceiling until December, the press secretary expressed hope of the situation being resolved soon.
      However, the House-passed bill faces dim prospects in the evenly divided Senate, where Republican leader Mitch McConnell has vowed to block any effort to raise the debt ceiling.

      2.48pm EDT
      14:48

      Jen Psaki was asked about Joe Biden’s meetings today with members of Congress to discuss the bipartisan infrastructure bill and the $3.5tn reconciliation package.
      One reporter pressed Psaki on whether this marks a “make or break” moment for the two bills, which encompass much of the president’s economic agenda.
      The press secretary declined to characterize the meetings in that way, instead saying, “This is an important moment. We are in a pivotal period in our negotiations and discussions.”

      2.32pm EDT
      14:32

      One reporter asked Jen Psaki whether Joe Biden apologized to Emmanuel Macron for how the Aukus deal was announced.
      “He acknowledged that there could have been greater consultation,” the White House press secretary said. “There was agreement that we wanted to move forward in our relationship.”

      Asked if Biden held national security adviser Jake Sullivan responsible for the dust-up with France, Psaki replied, “He holds himself responsible.”

      Updated
      at 4.38pm EDT More

    • 188 Shares199 Views

      in US Politics

      House Democrats are scared to tax billionaires – that’s a costly mistake | Robert Reich

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      OpinionUS taxationHouse Democrats are scared to tax billionaires – that’s a costly mistakeRobert ReichPolitical cowardice means those funding Joe Biden’s ambitious social policy plan want to leave the mega-rich unscathed Sun 19 Sep 2021 01.00 EDTLast modified on Sun 19 Sep 2021 05.30 EDTThis week, House Democrats released their proposed tax increases to fund Joe Biden’s $3.5tn social policy plan.‘Medium is the message’: AOC defends ‘tax the rich’ dress worn to Met GalaRead moreThe biggest surprise: they didn’t go after the huge accumulations of wealth at the top – representing the largest share of the economy in more than a century.You might have thought Democrats would be eager to tax America’s 660 billionaires whose fortunes have increased by $1.8bn since the start of the pandemic, an amount that could fund half of Biden’s plan and still leave the billionaires as rich as they were before the pandemic began.Elon Musk’s $138bn in pandemic gains, for example, could cover the cost of tuition for 5.5 million community college students and feed 29 million low-income public-school kids, while still leaving Musk $4bn richer than he was before Covid.But senior House Democrats decided to raise revenue the traditional way, taxing annual income rather than giant wealth. They aim to raise the highest income tax rate and apply a 3% surtax to incomes over $5m.The dirty little secret is the ultrarich don’t live off their paychecks.Jeff Bezos’s salary from Amazon was $81,840 last year, yet he rakes in some $149,353 every minute from the soaring value of his Amazon stocks, which is how he affords five mansions, including one in Washington DC which has 25 bathrooms.House Democrats won’t even close the gaping “stepped-up basis at death” loophole, which allows the heirs of the ultrarich to value their stocks, bonds, mansions and other assets at current market prices – avoiding capital gains taxes on the entire increase in value from when they were purchased.This loophole allows family dynasties to transfer ever larger amounts of wealth to future generations without it ever being taxed. Talk about an American aristocracy.Biden wanted to close this loophole but House Democrats balked.You might also have assumed Democrats would target America’s biggest corporations, awash in cash but paying a pittance in taxes. Thirty-nine of the S&P 500 or Fortune 500 paid no federal income tax at all from 2018 to 2020 while reporting a combined $122bn in profits to their shareholders.But remarkably, House Democrats have decided to set corporate tax rates below the level they were at when Barack Obama was in the White House. Democrats even kept scaled-back versions of infamous corporate loopholes such as private equity’s “carried interest”. And they retained special tax breaks for oil and gas companies.What’s going on? It’s not that Democrats lack the power. They’re in one of those rare trifectas when they hold the presidency and majorities, albeit small, in the House and Senate.It’s not the economics. Americans have been subject to decades of Republican “trickle-down” nonsense and know full well nothing trickles down. Billionaires hardly need to have their fortunes grow $100,000 a minute to be innovative. And as I’ve stressed, there’s more money at the top, relative to anywhere else, than at any time in the last century.Besides, Democrats need the revenue to finance their ambitious plan to invest in childcare, education, paid family leave, healthcare and the climate.So what’s holding them back?Put simply, Democrats are reluctant to tax the record-breaking wealth of the rich and big corporations because of … the wealth of the rich and big corporations.Many Democrats rely on that wealth to bankroll their campaigns. They also dread becoming targets of well-financed ad campaigns accusing them of voting for “job-killing” taxes.Republicans sold their souls to the moneyed interests long ago, but the timidity of House Democrats shows just how loudly big money speaks these days even in the party of Franklin D Roosevelt.US’s wealthiest 1% are failing to pay $160bn a year in taxes, report findsRead moreThat’s because there’s far less of it on the other side. Through the first half of 2021, business groups and corporations spent nearly $1.5bn on lobbying, compared to roughly $22m spent by labor unions and $81m by public interest groups, according to OpenSecrets.org.Progressive House Democrats will still have a say. Senate Democrats haven’t weighed in. But there’s reason for concern.The looming debate over taxes is really a debate over the allocation of wealth and power. As that allocation becomes ever more grotesquely imbalanced, this debate will loom ever larger over American politics.Behind it will be this simple but important question: Which party represents average working people and which shills for the rich? Democrats, take note.
      Robert Reich, a former US secretary of labor, is professor of public policy at the University of California at Berkeley and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com
      TopicsUS taxationOpinionUS domestic policyUS politicsBiden administrationDemocratsUS CongressHouse of RepresentativescommentReuse this content More

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      in Elections

      Debunking the Pro-Trump Right’s Claims About the Jan. 6 Riot

      by

      A rally scheduled for Saturday in Washington is intended to continue a Republican effort to rewrite the narrative of the assault on the Capitol. The facts undercut their assertions.In the eight months since a pro-Trump mob stormed the Capitol, some Republicans have tried to build a case — belied by the facts — that the vast federal investigation of the riot has been essentially unfair, its targets the victims of political persecution.The people charged in the Jan. 6 attack are “being persecuted so unfairly,” former President Donald J. Trump said in a statement on Thursday.That sentiment is the organizing principle behind the rally scheduled in Washington on Saturday, billed as “Justice for J6.” According to the permit application submitted by the organizers, a group called Look Ahead America, the event is meant to “bring awareness and attention to the unjust and unethical treatment of nonviolent Jan. 6 political prisoners.”The rally is the latest effort in the right’s continuing attempt to rewrite the history of the mob attack on Congress, which prosecutors say led to as many as 1,000 assaults against the police and sought to disrupt certification of President Biden’s victory in the 2020 election.Here is what the facts say about assertions from those seeking to promote a false narrative about Jan. 6.The rioters weren’t just tourists who now face excessive criminal charges.One of the first claims that pro-Trump conservatives made about Jan. 6 was that the rioters were little more than tourists and that those arrested were victims of prosecutorial overreach. Representative Andrew Clyde, Republican of Georgia, described the scene at the Capitol that day as “a normal tourist visit,” implying that hundreds of people taken into custody were facing excessive charges.But, in fact, nearly half of the more than 600 people charged have been accused only of misdemeanors like trespassing and disorderly conduct, rather than more serious felonies.At this point, more than 50 of these low-level defendants have pleaded guilty. All of them will serve prison terms of six months or less, or no time at all — fairly modest sentences for the federal penal system. But even when the authorities have agreed to lenient penalties, they have still insisted that no one who broke into the Capitol is innocent.“A riot cannot occur without rioters,” prosecutors wrote in a recent memo proposing no jail time for Valerie Ehrke, a California woman who only spent one minute in the building. “And rioter’s actions — from the most mundane to the most violent — contributed, directly and indirectly, to the violence and destruction of that day.”The government hasn’t widely detained nonviolent protesters.At an event last month hosted by Republican officials in his home state of North Carolina, Representative Madison Cawthorn repeated an oft-heard myth. He complained that hundreds of people taken into custody after Jan. 6 were “political hostages.”The truth is that about 15 percent of those arrested so far in connection with the riot have been denied bail and remain in pretrial custody — much lower than the overall federal pretrial detention rate of 75 percent. Moreover, all of those being detained on charges related to Jan. 6 are facing serious charges like assault or obstruction of Congress; none have been accused of only misdemeanors.Far from jailing everyone, in fact, judges have granted bail to numerous defendants accused of violent attacks on the police or of belonging to extremist groups like the Proud Boys or the Oath Keepers militia.There are a handful of cases in which people have been denied bail without having engaged in physical violence, but those are the exceptions to the rule.This week, a lawyer for Ethan Nordean, a leader of the Proud Boys, complained in court that his client has been in jail for months not because of anything he personally did on Jan. 6, but rather because he is a member of a reviled political organization.Judge Timothy J. Kelly, who was appointed to the federal bench by Mr. Trump, responded that the law alone was guiding Mr. Nordean’s case.“Politics has nothing to do with it,” Judge Kelly said. “Not one whit.”Capitol Police officers preparing riot equipment at the Capitol before the rally on Saturday.T.J. Kirkpatrick for The New York TimesJan. 6 defendants haven’t been treated more harshly than racial justice protesters.The assertion has become a staple on the right: Trump supporters were charged with violent crimes in the Capitol attack because of their conservative beliefs while many leftist activists had similar charges stemming from the racial justice protests last year in cities like Portland, Ore., reduced or dismissed.This summer, a Jan. 6 defendant named Garret Miller filed court papers making that argument. Mr. Miller, who lives in Dallas, claimed he had been “treated differently by the government than the Portland rioters based upon the politics involved,” his lawyer wrote.In rebutting these claims, the government argued there was no comparison between the protests last year prompted by the murder of George Floyd in Minneapolis and the storming of the Capitol. While prosecutors acknowledged that those arrested during weeks of unrest at the Portland federal courthouse had committed “serious offenses,” they insisted that the rioters in Washington were involved in “a singular and chilling event” that threatened not only the Capitol but also “democracy itself.”Trying to explain why many cases in the racial justice protests were eventually dismissed, prosecutors also said they have much better evidence against Capitol rioters like Mr. Miller than they ever had against protesters in Portland. Among the material they collected after Jan. 6 were thousands of hours of video footage from surveillance and body cameras worn by the police, and hundreds of thousands of social media posts.A few months after Mr. Miller filed his claims, The Associated Press published an analysis of more than 300 criminal cases stemming from the protests incited by Mr. Floyd’s murder. The analysis undercut the argument that pro-Trump defendants were treated more harshly than Black Lives Matter protesters, showing that many leftist rioters had received substantial sentences.There’s no evidence that Jan. 6 defendants are being treated worse than others in jail.Perhaps the loudest grievances about Capitol defendants concern the jail conditions of those denied bail.The accusations have been many and wide-ranging. Some defendants have complained of being locked in their cells for 23 hours a day in what amounts to solitary confinement. Others have claimed that they have been denied the right to hold religious services and that their hygiene needs have been restricted.One defendant, charged with assaulting the police, has said that he was zip-tied and then “savagely” beaten by a correctional officer in the District of Columbia jail, according to his lawyer. The assault resulted in a broken nose, a dislocated jaw and the loss of sight in the man’s right eye.Jail, of course, is a terrible place to be, regardless of one’s politics. But at least so far, no one has offered evidence that the authorities have imposed harsh conditions on Jan. 6 defendants because of their political beliefs.A spokeswoman for the District of Columbia jail said the 23-hour lockdown was not imposed solely on the Capitol defendants but was a medical provision used throughout the jail to curb the spread of the coronavirus. It has recently been lifted, she said.The Justice Department is using a novel charge in some cases.Prosecutors have taken a legal risk in the way they have chosen to prosecute scores of Capitol cases. The potential problem concerns the use of a federal obstruction law to charge people with disrupting Congress’s certification of the Electoral College vote. Lawyers for some of the defendants are challenging the Justice Department in court over use of the law, but pro-Trump activists have yet to make it a big public issue.Instead of using politically fraught and hard-to-prove charges like sedition or insurrection to describe the attempt to block certification of the election results, the Justice Department used a much more measured — albeit novel — law: obstruction of an official proceeding.The law is not a perfect match for what happened on Jan. 6; indeed, it had never before been used in a situation like the Capitol attack.Passed in 2002 as part of the Sarbanes-Oxley Act, a corporate overhaul law, the measure was devised to prohibit things like shredding documents or tampering with witnesses. Several lawyers have filed papers arguing that the law does not apply to the riot at the Capitol. Two federal judges have signaled that they might agree and could decide to toss the charge for more than 200 defendants.The Justice Department’s use of the obstruction law is arguably the most political move prosecutors have made to date. After all, as some defense lawyers have noted, the government did not use the same charge in 2018 when left-wing activists swarmed the Capitol to protest the Supreme Court nomination of Brett Kavanaugh. More

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      in US Politics

      Trump’s White House chief of staff is target of Capitol attack records request

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      US Capitol attackTrump’s White House chief of staff is target of Capitol attack records requestHouse select committee investigating 6 January wants telecom and social media companies to preserve records on Mark Meadows Hugo Lowell in WashingtonMon 13 Sep 2021 05.00 EDTLast modified on Mon 13 Sep 2021 05.02 EDTThe House select committee investigating the 6 January attack on the Capitol has instructed telecom and social media companies last week to preserve records of Donald Trump’s White House chief of staff, Mark Meadows, according to a source familiar with the matter.The move positions the select committee on the doorstep of the Oval Office as it pursues a far-reaching inquiry into whether Trump and his White House helped plan or had advance knowledge of the insurrection perpetrated by the former president’s supporters.Republicans in crosshairs of 6 January panel begin campaign of intimidationRead moreHouse select committee investigators signaled their intention to examine potential involvement by the Trump White House and House Republicans when they last week made a series of records demands and records preservation requests for Trump officials connected to the Capitol attack.In the records preservation requests, the select committee instructed 35 telecom and social media companies to avoid destroying communications logs of several hundred people, including the House minority leader, Kevin McCarthy, and 10 House Republicans, in case it later issues subpoenas.But the previously unreported inclusion of Meadows on the list of people whose records the select committee wants preserved suggests the panel will seek more information on the most senior aide in the Trump administration and could upturn every inch of the West Wing in its inquiry.The former chief of staff is among several top White House officials who may hold the key to unlock inside information pertaining to the extent of the former president’s involvement in the Capitol attack that left five dead and nearly 140 injured.Meadows remained at Trump’s side in the weeks before 6 January as well as on the day itself, as the White House strategized ways to overturn the results of the 2020 presidential election and ensure the then vice-president, Mike Pence, would not certify Joe Biden’s victory.The White House chief of staff started the day of the insurrection with Trump in the Oval Office, before attending the “Save America” rally that preceded the Capitol attack, according to a Trump administration official familiar with his movements.Meadows then accompanied Trump back to the White House with a coterie of aides and advisers, from where the former president told the Republican senator Ben Sasse that he was “delighted” at the images of his supporters and domestic violent extremists storming the Capitol in his name.He then also spoke to Marc Short, the chief of staff to Pence, as well as Kash Patel, the chief of staff to the then defense secretary, Christopher Miller, the official said.Such proximity to Trump and the chiefs of staff to two key Trump cabinet members closely connected to the Capitol attack suggests Meadows is likely to be a prime witness for the inquiry, insofar as he can shed light on Trump’s private thoughts as the violence unfolded.A spokesperson for the select committee declined to comment on the preservation request for Meadows. But the chair of the House select committee, Bennie Thompson, previously told the Guardian that any conversations with Trump would be investigated by the select committee.The inclusion of Meadows on the list, alongside McCarthy and 10 other far-right House Republicans, nonetheless provides a clearer picture of the sharpening contours of the investigation and its overall direction as the select committee ramps up its work.It also echoes congressional investigations of eras past: Richard Nixon’s White House chief of staff, HR Haldeman, came under scrutiny from the Senate select committee into the Watergate scandal and was forced to testify about the extent of Nixon’s involvement.But it was not immediately clear which companies had received a records preservation request for Meadows from the select committee. Some telecom and social media companies – such as the online forum 8kun popular with QAnon conspiracy theorists – did not even receive a list of names, counsel for the forum said.House select committee investigators are still in the evidence-gathering phase, but the committee is likely to schedule its second hearing before the end of the month, according to a source familiar with the matter.The select committee said on Friday that investigators had received thousands of pages of documents, and that they understood the National Archives had started the process required by law for the review of presidential records.Meadows’s communications, meanwhile, may be of interest to the select committee in other aspects of the inquiry into the origins of 6 January, an area that falls under the panel’s purview after it took charge of all congressional investigations into the Capitol attack.The select committee subsumed several inquiries into the Trump administration’s efforts to subvert the 2020 election, including one by the House oversight committee that was examining how Meadows pressured the justice department to investigate baseless allegations of election fraud.Top Republicans under scrutiny have embarked on a campaign of threats and intimidation in an attempt to thwart the inquiry.The Republican House minority leader, McCarthy, last week lashed out at the select committee’s records preservation requests and warned that the GOP would retaliate against companies that complied when his party retakes the House majority.McCarthy argued, without citing any specific law, that it would be illegal for telecom and social media companies to comply with the records requests – even though congressional investigators have obtained phone and communications records without issue in the past.TopicsUS Capitol attackHouse of RepresentativesTrump administrationUS politicsnewsReuse this content More