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      House Capitol attack committee votes to recommend Steve Bannon prosecution

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      US Capitol attackHouse Capitol attack committee votes to recommend Steve Bannon prosecutionPanel unanimously approves contempt of Congress citationTrump ally defied subpoena relating to 6 January insurrection Hugo Lowell in WashingtonTue 19 Oct 2021 19.57 EDTLast modified on Tue 19 Oct 2021 20.20 EDTThe House select committee investigating the Capitol attack voted on Tuesday to recommend the criminal prosecution of Donald Trump’s former chief strategist Steve Bannon, after he defied a subpoena relating to their inquiry into the 6 January insurrection.FBI raids Washington home of Russian billionaire Oleg DeripaskaRead moreThe select committee approved the contempt of Congress citation unanimously, sending the report to the Democratic-controlled House, which is expected on Thursday to authorize the panel to go to court to punish Bannon for his non-compliance.“It is essential that we get Mr Bannon’s factual and complete testimony in order to get a full accounting of the violence of January 6th and its causes,” said Bennie Thompson, the chairman of the select committee.“Mr Bannon will comply with our investigation or he will face the consequences,” he said. “We cannot allow anyone to stand in the way of the select committee as we work to get to the facts. The stakes are too high.”Members on the select committee took the aggressive step against Bannon to sound a warning to Trump White House officials and others connected to the Capitol attack that defying subpoenas would carry grave consequences, according to a source on the panel.The select committee had issued a bevy of subpoenas to some of Trump’s closest advisers – White House chief of staff Mark Meadows, his deputy Dan Scavino, defense department aide Kash Patel, and Bannon – under the threat of criminal prosecution.But under orders from the former president and his lawyers, Bannon ignored his subpoena compelling documents and testimony in its entirety. The other three Trump administration aides opened negotiations over the extent of their possible cooperation.The ramifications for Bannon’s defiance are significant: once passed by the House, the justice department transfers the case to the office of the US attorney for the District of Columbia, which is required to take the matter before a federal grand jury.In pushing to hold Bannon in contempt of Congress, the select committee has also set up a potentially perilous legal moment for Bannon as he resists the inquiry into what Trump knew in advance of efforts to stop the certification of Joe Biden’s election win.A successful contempt prosecution could result in up to a one-year sentence in federal prison, $100,000 in fines, or both – although the misdemeanor offense may not ultimately lead to his cooperation and pursuing the charge could still take years.Bannon remains a key person of interest to House select committee investigators in large part because he was in constant contact with Trump and his team in the days before 6 January, as the former president strategized how to return himself to the Oval Office.He also appeared to have advance knowledge of the Capitol attack, predicting on his War Room podcast, the day before the insurrection that left five dead and 140 injured: “All hell is going to break loose tomorrow.”In opening statements ahead of the vote, Republican congresswoman and committee member Liz Cheney said: “Mr Bannon’s and Mr Trump’s privilege arguments do appear to reveal one thing, however: they suggest that President Trump was personally involved in the planning and execution of January 6th. And we will get to the bottom of that.”But the former chief strategist to Trump indicated to the select committee he would not cooperate with his 23 September subpoena on grounds that communications involving Trump are protected by executive privilege and cannot be revealed to Congress.The legal argument faces a steep uphill battle with the Biden justice department appearing inclined to adopt a narrow interpretation on executive privilege, previously allowing top Trump justice department officials to testify to Congress about 6 January.And as the justice department examines the expected referral from the House in finer detail, prosecutors may open Trump to legal jeopardy insofar as he may have obstructed justice by ordering Bannon and other aides to defy the subpoenas.The select committee said in the contempt report that Bannon had no basis to refuse his subpoena because Trump never actually asserted executive privilege – but also because Bannon tried to use an executive privilege claim for non-executive branch materials.Within the scope of the subpoena demanding documents and testimony, the report said, included contacts with members of Congress and Trump campaign officials in the days before 6 January, which are ostensibly unrelated to communications between Bannon and Trump.The contempt report added that even if the select committee accepted his executive privilege claim, the law makes clear that even senior White House officials advising sitting presidents have the kind of immunity from congressional inquiries being claimed by Bannon.The report further noted: “If any witness so close to the events leading up to the January 6 attack could decline to provide information to the select committee, Congress would be severely hamstrung in its ability to exercise its constitutional powers.”The prospect of prosecution appears not to have worried Bannon, who spent the day before his deposition date a hundred miles away in Virginia, where he attended a Republican rally that featured a flag purportedly carried by a rioter at the Capitol attack.Trump lashed out at the select committee after it announced it would vote to hold Bannon in contempt. “They should hold themselves in criminal contempt for cheating in the election,” he said, repeating lies about a stolen election refuted by the justice department.Still, the select committee’s net appears to be closing in on the former president. Thompson, the chair of the select committee, said on CNN on Thursday that he would not rule out eventually issuing a subpoena for Trump himself.Maanvi Singh contributed reportingTopicsUS Capitol attackSteve BannonDonald TrumpUS politicsUS CongressHouse of RepresentativesnewsReuse this content More

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      in US Politics

      Trump response to Capitol attack can’t be ‘swept under rug’, White House says – live

      by

      Key events

      Show

      5.45pm EDT
      17:45

      Texas Republicans pass voting maps that entrench power of whites

      5.02pm EDT
      17:02

      Today so far

      4.47pm EDT
      16:47

      Progressives voice optimism about reaching deal after meeting with Biden

      3.33pm EDT
      15:33

      Mayorkas tests positive for coronavirus

      2.29pm EDT
      14:29

      ‘Crime scene do not enter’ tape outside home linked to Deripaska, after raid

      2.07pm EDT
      14:07

      Trump’s response to Capitol attack cannot be ‘swept under the rug,’ Psaki says

      12.31pm EDT
      12:31

      Interim summary

      Live feed

      Show

      5.45pm EDT
      17:45

      Texas Republicans pass voting maps that entrench power of whites

      Sam Levine

      Texas Republicans are on the verge of enacting new voting maps that would entrench the state’s Republican and white majority even as its non-white population grows rapidly.
      Texas Republicans approved the congressional plan on Monday evening, sending it to Governor Greg Abbott, a Republican, who is expected to sign the measure.
      The Texas maps offer perhaps the most brazen effort in the USs so far this year to draw new district lines to benefit one political party, a practice called gerrymandering. The proposed congressional map would blunt growing Democratic strength in the Texas suburbs. Texas Republicans already have a 23-13 seat advantage in the state’s congressional delegation and the new maps would double the number of safe GOP congressional seats in the state from 11 to 22, according to the Washington Post.
      Democrats would have 12 safe seats, up from eight. There would be just one competitive congressional district in the state, down from 12.
      Read more:

      5.14pm EDT
      17:14

      The Supreme Court has declined to stop a vaccine requirement for health workers in Maine.
      Justice Stephen Breyer declined to hear an emergency appeal to block a vaccine requirement announced by Maine governor Janet Mills. The policy requires health workers to get vaccinated against Covid-19 by 29 October or risk losing their jobs.
      According to the state’s dashboard tracking vaccinations among health workers, between 84 and 92% of workers are vaccinated in various settings so far.
      This is the first time the Supreme Court has dealt with a statewide vaccine mandate.

      5.02pm EDT
      17:02

      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:

      The House select committee investigating the Capitol insurrection is expected to hold Steve Bannon in contempt for refusing to comply with the panel’s subpoenas. The expected committee vote comes one day after Donald Trump filed a lawsuit seeking to block certain White House documents from the subpoenas by claiming executive privilege, which is considered a dubious legal argument given that he is no longer president.
      The White House said Trump’s response to the insurrection cannot be “swept under the rug”. “Our view, and I think the view of the vast majority of Americans, is that former President Trump abused the office of the presidency and attempted to subvert a peaceful transfer of power,” White House press secretary Jen Psaki said when asked about Trump’s lawsuit. “The former president’s actions represented a unique and existential threat to our democracy that we don’t feel can be swept under the rug.”
      FBI agents raided a Washington home linked to Oleg Deripaska, a Russian oligarch with ties to Vladimir Putin who was sanctioned by the treasury department in 2018.
      Progressive lawmakers voiced optimism about reaching a deal on the reconciliation package after meeting with Joe Biden at the White House this afternoon. The president is now meeting with a group of centrist Democratic lawmakers to continue the negotiations over the reconciliation package and the infrastructure bill. Democrats are still working to reach an agreement on the top-line cost of the reconciliation package, and House progressives are holding up the passage of the infrastructure bill until a deal is struck.

      Maanvi will have more coming up, so stay tuned.

      4.47pm EDT
      16:47

      Progressives voice optimism about reaching deal after meeting with Biden

      Progressive lawmakers expressed optimism about reaching a deal on the reconciliation package after meeting with Joe Biden at the White House this afternoon.
      Pramila Jayapal, the chair of the Congressional Progressive Caucus, said the group had a “really good, productive meeting” with Biden, Vice-President Kamala Harris and treasury secretary Janet Yellen.
      “And I think we all feel still even more optimistic about getting to an agreement on a really transformational bill,” Jayapal told reporters after the meeting.
      Jayapal said she was confident that “a majority” of progressive priorities would be included in the final bill, and she thanked Biden for his engagement in the negotiations.
      When asked if they agreed to a top-line cost of the bill, Jayapal said that Biden has consistently pushed for a price tag between $1.9tn and $2.2tn, after moderates like Joe Manchin indicated they would not support a $3.5tn package.
      “It’s not the number that we want,” Jayapal said. “But at the end of the day, the idea that we can do these programs, a multitude of programs and actually get them going so that they deliver immediate transformational benefits to people is what we’re focused on.”

      4.24pm EDT
      16:24

      Joe Biden’s first meeting with congressional Democrats has now ended after about two hours, according to the White House.
      The president’s first meeting was with members of the Congressional Progressive Caucus, and Vice-president Kamala Harris and Treasury secretary Janet Yellen attended as well.
      Biden will now meet with some of the centrist Democrats in Congress to continue discussions about the infrastructure bill and the reconciliation package.

      Updated
      at 4.35pm EDT

      4.04pm EDT
      16:04

      Gloria Oladipo

      In an attempt to recruit more officers, US Capitol police chief Thomas Manger is using the 6 January insurrection as a reason for why more people should join the force.
      As seen in a promotional video titled The US Capitol Police: A Call to Service, Manger describes how the attack, which many have cited as a failure on the part of Capitol law enforcement, made him want to once again join the force.

      U.S. Capitol Police
      (@CapitolPolice)
      One of our top priorities is to hire more officers to protect Congress and the U.S. Capitol: pic.twitter.com/xbKBOhmNpz

      October 19, 2021

      “I wanted to be a police officer again. I wanted to be there to help. We are looking for really good men and women who have that spirit for public service, who want to serve their country,” said Manger in the video.
      Following the insurrection, officers testified during a House committee about the events of 6 January, describing being swarmed and attacked by rioters as well as the trauma they dealt with.

      Updated
      at 4.35pm EDT

      3.33pm EDT
      15:33

      Mayorkas tests positive for coronavirus

      Gloria Oladipo

      US Homeland Security secretary Alejandro Mayorkas has tested positive for Covid-19, according to DHS spokesperson Marsha Espinosa.
      “Secretary Mayorkas tested positive this morning for the Covid-19 virus after taking a test as part of routine pre-travel protocols. Secretary Mayorkas is experiencing only mild congestion; he is fully vaccinated and will isolate and work at home per CDC protocols and medical advice. Contact tracing is underway,” said Espinosa in a statement to CNN.
      Mayorkas will no longer be participating in a planned trip to Colombia with secretary of state Antony Blinken and will be working from home, reports CNN.

      Updated
      at 4.44pm EDT

      3.19pm EDT
      15:19

      Gloria Oladipo

      An FBI spokesperson has said that the agency is conducting law enforcement activity in a New York City building in connection with an investigation into Oleg Deripaska, a Russian oligarch whose Washington, DC home was raided today, according to ABC news.
      Stay tuned as more information emerges.

      3.13pm EDT
      15:13

      Gloria Oladipo

      House Majority Leader Steny Hoyer of Maryland discussed the best strategy for Democrats to pass the Biden administration’s $3.5tn spending package, arguing that lawmakers should fund fewer programs for longer, reports Politico.
      “My own view is that we ought to do fewer things better. We ought to make sure that which [programs] we include in the bill will have a real impact,” said Hoyer.
      Hoyer added that he wants “sense of permanency to those policies” that make it in the final version of the financial bill.
      Democrats are still working to get the megabill passed before a self-imposed deadline of 31 October but face opposition from key moderates such as Senator Joe Manchin of West Virginia and Senator Kyrsten Sinema of Arizona. Lawmakers including House speaker Nancy Pelosi of California have supported the idea of funding fewer programs, but contention remains around which programs will get cut, including threats to key climate change legislation.
      Hoyer added that Democrats are still aiming towards passing the social spending package and the infrastructure bill by the Halloween deadline and that “if [Congress] make significant progress that’ll also be success towards those ends.”

      2.53pm EDT
      14:53

      Gloria Oladipo

      Five people with the climate activist group Sunrise Movement will begin participating in a hunger strike in front of the White House tomorrow at 9am to demand that Congress pass the climate initiatives in the Biden administration’s $3.5tn spending package, a key part of Biden’s “Build Back Better” agenda, reports the New Republic.
      “We’re here to highlight how dire this moment is,” said Kidus Girma, 26, who is participating in the strike. “A couple hundred people in a two-part building in D.C. are deciding the scope of what climate justice can look like—and not just climate justice, but a lot of critical programs that before this pandemic folks did not think were possible.”
      Protestors decided to strike after news broke from the New York Times on Friday that Democrats were considering getting rid of the Clean Energy Payment Program, an initiative that would award utilities who increase their use of renewable energy, because of holdout from Senator Joe Manchin of West Virginia and other centrists.
      The hunger strike is apart of a longer week of actions targeting key Democrats who have not supported the legislation. Yesterday, Sunrise activists previously protested outside of Senator Kyrsten Sinema of Arizona’s Phoenix office. Protestors have also previously protested by Manchin’s yatch.
      Protestors are asking people to participate in the hunger strike on Thursday, followed by a nationwide strike from school–coined Fridays for Future–that will result in a break in fasting.

      Updated
      at 2.53pm EDT

      2.29pm EDT
      14:29

      ‘Crime scene do not enter’ tape outside home linked to Deripaska, after raid

      Joanna Walters

      In further developments in the story of Russian metals billionaire Oleg Deripaska, FBI agents have raided a mansion in one of the wealthiest neighborhoods of Washington, DC, that is linked to him.
      Deripaska has ties to the Kremlin and Paul Manafort, Donald Trump’s former election campaign manager who served time for fraud and was pardoned by the former president. More

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      in US Politics

      Bannon and other top Trump officials face legal peril for defying subpoenas

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      Steve BannonBannon and other top Trump officials face legal peril for defying subpoenasDevelopments in select committee’s move to secure Bannon’s conviction come as Trump files lawsuit blocking the release of his White House records Hugo Lowell in WashingtonTue 19 Oct 2021 03.38 EDTLast modified on Tue 19 Oct 2021 04.03 EDTSteve Bannon and other former top officials in the Trump administration are facing legal peril for defying subpoenas issued by the House select committee investigating the Capitol attack, as the panel prepares to pursue criminal referrals for non-compliance.The legal jeopardy for Bannon – who is expected to be held in contempt by the committee on Tuesday – is anticipated after it emerged in a letter to his attorney, obtained by the Guardian on Monday, that he had claimed executive privilege protections on materials unrelated to the executive branch.Capitol attack panel’s message to Steve Bannon: we won’t forget about youRead moreThe House select committee chairman, Bennie Thompson, also said in the letter that even if the panel entertained the claims of executive privilege, Bannon had no basis to ignore the order since not even a president could grant him immunity from a House subpoena.The dual legal arguments in the letter, which served as Bannon’s final warning to cooperate a day before the select committee is expected to hold him in contempt of Congress, underscores the weakness of the executive privilege claim advanced by Donald Trump.The Guardian first reported that the former president would instruct his top four aides subpoenaed by the select committee – White House chief of staff Mark Meadows, his deputy Dan Scavino, defense department aide Kash Patel, as well as Bannon, his former chief strategist – to defy the orders.But even though Bannon is alone in defying a subpoena after Meadows and Patel were “engaging” with the panel over the potential scope of their cooperation and Scavino was served late, the letter shows similar attempts to invoke executive privilege appear treacherous.The missive from the select committee came in response to a previous letter from Bannon’s attorney, Robert Costello, who insisted his client was precluded from complying with the subpoena until claims about executive privilege by Trump were settled in a court ruling.Thompson said in his response that he rejected the entire argument leaning on Trump and considered Bannon as having violated federal law after he “wilfully failed to both produce a single document and to appear for his scheduled deposition”.The chairman of the select committee said the executive privilege claim could not apply in Bannon’s case, because the panel had in part sought his contacts with members of Congress and the Trump campaign, which are not covered by the presidential protection.Thompson added that even if the select committee accepted that some materials demanded by the panel were shielded by executive privilege, Bannon would not be exempt from complying with a congressional subpoena.The chairman also said that the select committee believed Costello’s interpretation of a previous case involving the testimony of a Trump administration official – the former White House counsel Don McGahn – actually undermined Bannon’s argument to defy his subpoena.In the case with McGahn, said Thompson, the US district court for the District of Columbia ruled that even senior White House aides were not entitled to absolute immunity from testifying. McGahn, pursuant to that ruling, ultimately testified to Congress in July.Furthermore, the citation referring to McGahn used by Costello “makes clear that a president lacks legal authority to order an aide not to appear before Congress based on a claim of executive privilege,” Thompson said.The legal rebuttals outlined in the letter were specific to Bannon’s non-compliance. But a source close to the select committee said the same arguments would be pressed against Meadows, Scavino and Patel should they also attempt an executive privilege claim.And with a reversal in position from Bannon not forthcoming before a 6pm ET deadline on Monday, the select committee is now expected to proceed with a vote recommending the House refer him to the US Attorney for the District of Columbia for criminal prosecution.The letter outlining the select committee’s arguments was earlier reported by the Washington Post.The developing contours of the select committee’s move to secure Bannon’s conviction – which would carry a maximum penalty of a one year sentence in federal prison and up to $100,000 in fines – came as Trump filed a lawsuit blocking the release of his White House records.Trump filed a lawsuit with the DC district court to stop the National Archives from releasing records to the select committee a tranche of records, after Joe Biden’s White House counsel, Dana Remus, declined to assert executive privilege protections.The Guardian first reported that Trump would sue to block the release of records from his administration last month. Trump’s legal counsel has indicated the former president is seeking to shield about 50 documents from scrutiny.TopicsSteve BannonUS Capitol attackHouse of RepresentativesUS politicsnewsReuse this content More

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      in Elections

      Democrats Work to Sell an Unfinished Bill

      by

      As President Biden and his allies in Congress work to whittle down the size of their ambitious domestic plans, Democrats must sell a bill without knowing precisely what will be in it.ALLENTOWN, Pa. — When Representative Susan Wild, Democrat of Pennsylvania, accompanied Jill Biden, the first lady, to the Learning Hub, a newly established early education center whose walls were covered with vocabulary words in English and Spanish, on a recent Wednesday morning, Ms. Wild’s constituents were frank about the many unmet needs in their community.Jessica Rodriguez-Colon, a case manager with a local youth house, described the struggles of helping families find affordable housing with rent skyrocketing. Brenda Fernandez, the founder of a nonprofit focused on supporting formerly incarcerated women and survivors of domestic violence, explained the challenges of ensuring homes were available for those who needed them.Dr. Biden had a ready answer: “It’s a big part of the bill,” she said, turning in her seat to Ms. Wild. “Right, Susan?”Ms. Wild quickly agreed. The sprawling $3.5 trillion social safety net and climate package that the House compiled last month would address everything raised during the discussion. It would devote more than $300 billion to low-income and affordable housing, provide two free years of community college and help set up a universal prekindergarten program that could help places like the Learning Hub, which serves about 150 children and families through Head Start, the federal program for preschoolers.But left unmentioned was the uncertainty about whether any of that would survive and become law. A month after the House put together its bill, President Biden and Democrats in Congress have trimmed their ambitions. Facing unified Republican opposition and resistance to the cost of the measure by a handful of centrists in their party, led by Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona, Democrats are now working to scale back the package to around $2 trillion to ensure its passage through a Congress where they hold the thinnest of majorities.For Ms. Wild and other Democrats facing the toughest re-elections in politically competitive districts around the country, the ambiguity surrounding their marquee legislation makes for an unusual challenge outside of Washington: how to go about selling an agenda without knowing which components of it will survive the grueling legislative path to the president’s desk.Polls show that individual components of the legislation — including increasing federal support of paid leave, elder care and child care to expanding public education — are popular among voters. But beyond being aware of a price tag that is already shrinking, few voters can track what is still in contention to be part of the final package, as the process is shrouded in private negotiations.Representative Susan Wild, Democrat of Pennsylvania, during an interview in Allentown on Wednesday.Mark Makela for The New York Times“We don’t want to be having to come back to people later and say, ‘Well, we really liked that idea, but it didn’t make it into the final bill,’ — so it’s a challenge,” Ms. Wild said. “As the bill’s size continues to come down, you may be talking about something at any given time that’s not going to make it into the final product.”To get around Republican obstruction, Democrats are using a fast-track process known as reconciliation that shields legislation from a filibuster. That would allow it to pass the 50-50 Senate on a simple majority vote, with Vice President Kamala Harris casting a tiebreaking vote.But it would still require the support of every Democratic senator — and nearly every one of their members in the House. Democratic leaders and White House officials have been haggling behind the scenes to nail down an agreement that could satisfy both Mr. Manchin and Ms. Sinema, who have been reluctant to publicly detail which proposals they want to see scaled back or jettisoned.Congressional leaders aim to finish their negotiations in time to act on the reconciliation bill by the end of October, when they also hope to move forward on another of Mr. Biden’s top priorities, a $1 trillion bipartisan infrastructure bill that would be the largest investment in roads, bridges, broadband and other physical public works in more than a decade.“As with any bill of such historic proportions, not every member will get everything he or she wants,” Senator Chuck Schumer of New York, the majority leader, wrote to Democrats in a letter ahead of the chamber’s return on Monday. “I deeply appreciate the sacrifices made by each and every one of you.”It remains unclear which sacrifices will have to be made, with lawmakers still at odds over the best strategy for paring down the plan, let alone how to structure specific programs. The most potent plan to replace coal and gas-fired plants with wind, nuclear and solar energy, for example, is likely to be dropped because of Mr. Manchin’s opposition, but White House and congressional staff are cobbling together alternatives to cut emissions that could be added to the plan.Liberals remain insistent that the bill — initially conceived as a cradle-to-grave social safety net overhaul on par with the Great Society of the 1960s — include as many programs as possible, while more moderate lawmakers have called for large investments in just a few key initiatives.In the midst of the impasse, rank-and-file lawmakers have been left to return home to their constituents to try to promote a still-unfinished product that is shrouded in the mystery of private negotiations, all while explaining why a Democratic-controlled government has yet to deliver on promises they campaigned on.“I try to make sure that people know what I stand for, what my positions are, what I want for our community,” Ms. Wild said in an interview, ticking off provisions in the bill that would lower prescription drug costs, provide child care and expand public education. “But if it’s not guaranteed, I also try to make sure people understand that, so they don’t feel like I’ve promised something that’s not going to happen.”“That doesn’t always work,” she added. “Because you might think that something something’s in the bag, so to speak, and then all of a sudden, the rug gets pulled out from under you.”Karen Schlegel, who is retired, waited outside, hoping to see Dr. Biden in Allentown on Wednesday.Mark Makela for The New York TimesKaren Schlegel, 71, who waited outside the center with a mix of protesters shouting obscenities and eager onlookers waiting for a glimpse of Dr. Biden, said she remained in full support of Mr. Biden’s agenda. She blamed congressional Democrats for delaying the president’s plan.“He would be doing better if he had some support from Congress,” she said, carrying a hot pink sign professing love for both Bidens. “They better get a hustle on.”Even Dr. Biden, as she trailed from classroom to classroom to watch the students engage in interactive color and shape lessons — and perform an enthusiastic penguin-inspired dance — avoided weighing in on the specifics of the bill.“We already started when Joe got into office, and that’s what we’re fighting for,” Dr. Biden told the group, pointing to the $1.9 trillion pandemic relief bill that Democrats muscled through in March as evidence of the success of their agenda. “I’m not going to stop, nor is Joe, so I want you to have faith.”For lawmakers like Ms. Wild, time is of the essence. Many Democrats are already growing wary of the prospects of beginning their re-election campaigns, before voters have felt the tangible impacts of either the infrastructure bill or the reconciliation package.They will have to win over voters like Eric Paez, a 41-year-old events planner, who wants Democrats to deliver and has little patience for keeping track of the machinations on Capitol Hill standing in their way.“I need to come home and not think about politicians,” Mr. Paez, said, smoking a cigarette and waving to neighbors walking their dogs in the early evening as he headed home from work near the child care center. “They should be doing what we voted them in to do.” More

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      in Elections

      Money Floods the Race for Control of Congress, More Than a Year Early

      by

      The main House war chests for both Democrats and Republicans have a combined $128 million in the bank — more than double the sum at this point in 2020.A dizzying amount of money is already pouring into the battles for the House and the Senate more than a year before the 2022 elections, as Republicans are bullish on their chances to take over both chambers in the first midterm election under President Biden, given the narrow margins keeping Democrats in power.The two parties’ main war chests for the House total a combined $128 million — more than double the sum at this point in the 2020 cycle and far surpassing every other previous one. Top House members are now raising $1 million or more per quarter. And more than two dozen senators and Senate candidates topped that threshold.Candidate after candidate, and the parties themselves, are posting record-breaking sums, even as the shapes of most House districts nationwide remain in flux because of delays in the once-a-decade redrawing of boundaries.In Georgia, Senator Raphael Warnock, a Democrat, raised more than $100,000 per day in the last three months for a $9.5 million haul. But his leading Republican rival, Herschel Walker, the former football player who was urged to run by former President Donald J. Trump, raised $3.7 million in a little more than a month, setting up a potentially bruising and expensive contest in that key state.Politicians in both parties are furiously racing to expand their online donor bases while simultaneously courting big checks from wealthy benefactors. At a Senate Republican retreat for big donors in Palm Beach, Fla., this week, Mr. Trump’s presence was a reminder of his continued perch at the center of the Republican Party — both in helping lure donations and in derailing whatever messaging party operatives have designed.“The donor community is waking up to the fact that the Republican Party has a historic opportunity in 2022, in spite of Trump continuing to talk about 2020,” said Scott Reed, a longtime Republican strategist.Money alone is rarely decisive in political races, especially when both parties are flush with cash. But the glut of political funding, detailed in Federal Election Commission reports filed on Friday by House and Senate candidates and announced by the parties, shows the growing stakes of American elections, where a single flipped Senate seat can shift trillions of dollars in federal spending.The country’s increasingly polarized electorate has been hyper-engaged in politics since the Trump era began, and the ease of channeling that energy into donations online is remaking how campaigns are funded. The online donation clearinghouses for the two parties, ActBlue and WinRed, processed a combined total of more than $450 million in the third quarter.The avalanche of cash could expand the 2022 political battlefield and result in an unrelenting wave of advertising aimed at Americans who live in swing districts and states.The ad wars have, in fact, already begun. Democratic- and Republican-linked groups are spending millions of dollars to shape public opinion on the spending package currently being debated in Congress.Among them is one Biden-aligned nonprofit group, Building Back Together, which said it had spent nearly $15 million on television ads in more than two dozen House districts and key states since July. This week, a Republican-aligned nonprofit group, One Nation, announced that it was beginning a $10 million ad campaign, urging three Democratic senators up for re-election in 2022 — in Nevada, Arizona and New Hampshire — to oppose the spending package.Senator Raphael Warnock raised more than $100,000 per day in the last three months, making him the top Democratic fund-raiser outside of congressional leaders.Damon Winter/The New York TimesAll told, more than $70 million has been spent since Sept. 1 on television ads related to the Biden legislative agenda, according to AdImpact, a media-tracking firm.Historically, the party out of power has done well in a new president’s first midterm election, and Republicans see rising inflation, missteps in Afghanistan and a softening in Mr. Biden’s approval rating as reasons for a sunny 2022 outlook.“We’ll have to really screw up to lose the House,” said Senator Lindsey Graham of South Carolina, referring to the Democrats’ narrow majority in that chamber. He said that recapturing the Senate, which is split evenly between 50 Democrats and 50 Republicans, would depend on recruiting more top-tier Republicans, such as Gov. Chris Sununu of New Hampshire.At the donor retreat in Florida, Mr. Graham said, “there was a sense of optimism that was as high as I’ve seen it.”In the House, the path to the majority is widely expected to be determined by suburban voters, who swung sharply toward the Democratic Party during the Trump administration.Jesse Ferguson, a Democratic strategist who has worked on House campaigns, noted that the central role of suburban terrain — the battlegrounds were more rural 15 years ago — had driven up the cost of campaigning. Buying ads to reach suburban voters requires advertising in pricier urban television markets.“The upside is the Democratic coalition is built around suburbs,” Mr. Ferguson said. “The downside is the resources to run in Philadelphia and Chicago and L.A. and Miami.”The National Republican Congressional Committee began this year with roughly $8 million less on hand than its Democratic counterpart but entered October with roughly $2 million more, as small digital contributions have accelerated for Republicans. Each group has raised well over $100 million this year.Representative Tom Emmer, the chairman of the Republican congressional committee, noted in a call with reporters that in the 2020 cycle, his party committee had not reached the $100 million threshold until February — five months later.Both the Senate and the House Republican campaign committees have leaned on hardball and sometimes deceptive tactics to boost their bottom lines, such as pre-checking boxes that automatically enroll donors in recurring monthly contributions and aggressively fostering guilt trips in supporters and questioning their allegiances.“You’re a traitor …” began one such House G.O.P. text earlier this week. “You abandoned Trump.”The text gave a false deadline of 17 minutes to donate. “This is your final chance to prove your loyalty or be branded a deserter,” it read.A fund-raising text message this week from the National Republican Congressional Committee.The House G.O.P. committee, which declined to comment on its tactics, said it had raised nearly 44 percent of its funds last quarter online.“Democrats have owned online fund-raising, and that is no longer true,” said former Representative Tom Davis, who previously led the House Republican campaign arm. “Republicans now are the ones who are obsessed and aroused. People voted for Biden to get Trump out of their living rooms. But they didn’t vote for all his policies.”Most Republican strategists hope to keep the focus on Democrats, knowing voters typically want to put a check on those in power. But Mr. Trump’s continued insistence on making his false claims that the 2020 election was stolen a central rallying cry for the G.O.P. — “If we don’t solve the Presidential Election Fraud of 2020,” Mr. Trump warned in a statement this week, “Republicans will not be voting in ’22 or ’24” — is a complicating factor.“If it’s a referendum on Biden’s policies, we will do very well,” Mr. Graham said of the 2022 midterms. “If it’s looking back, if it’s a grievance campaign, then we could be in trouble.”Mr. Emmer tried to distance himself from Mr. Trump’s remarks, saying, “He’s a private citizen, and he, of course, is entitled to his own opinion.” Still, Mr. Emmer added that he was “honored” that the former president would headline the committee’s fall fund-raising dinner. “He remains the biggest draw in our party,” he said.Congressional leaders are the other leading party fund-raisers. Representative Kevin McCarthy of California, the Republican minority leader, and his top deputy, Representative Steve Scalise of Louisiana, have transferred a combined total of nearly $30 million to their party committees this year, party officials said.Mr. Scalise’s top donations since July included $105,000 from the PAC of Koch Industries; $125,000 from H. Fisk Johnson, the chief executive of S.C. Johnson & Son; and $66,300 from John W. Childs, the private equity magnate.Whether this is the final term of House Speaker Nancy Pelosi, who is 81, is widely discussed in Washington. But the San Francisco Democrat remains a prolific fund-raiser.Donors to her political accounts in recent months include Haim Saban, the media investor ($263,400); Hamilton James, a top Blackstone executive ($263,000); Gwendolyn Sontheim Meyer, the Cargill heiress ($263,400); and Jeffrey Katzenberg, the Hollywood producer ($163,400).Senator Chuck Schumer has aggressively pressed top party fund-raisers in recent months.Sarahbeth Maney/The New York TimesSenator Chuck Schumer, the majority leader, raised heavily both for his own 2022 re-election bid in New York and to maintain the Democratic majority. Mr. Schumer has aggressively pressed top party fund-raisers in recent months, telling one that he wanted to fill his war chest (now at $31.9 million) as a deterrent to any primary challenge from the left. He specifically named Representative Alexandria Ocasio-Cortez of New York as the kind of candidate he would like to keep from running, mostly to avoid weakening his hand while navigating the evenly divided Senate. Mr. Schumer’s office declined to comment.Notably, some of the top fund-raisers in both parties are Black.They include Mr. Warnock, the top Democratic fund-raiser, and Mr. Walker, a leading Republican in the Georgia Senate race. Tim Scott of South Carolina, the lone Black Republican in the Senate, was the top fund-raiser in his party. Mr. Scott raised $8.3 million in the third quarter. He now has $18.8 million in the bank, funds that can be used for his 2022 re-election or to seed a potential 2024 presidential run.Representative Val Demings, a Black Democrat in Florida and a former Orlando police chief, is challenging Senator Marco Rubio, the Republican incumbent, and was another top fund-raiser, pulling in $8.4 million. But she spent heavily to do so: $5.6 million.Florida has proved elusive for Democratic candidates, especially in recent years, and some party strategists are already quietly grumbling about the tens of millions — if not more — that is likely to be poured in to a tough race, especially after hundreds of millions of dollars was spent on losing 2020 efforts to topple Republican incumbents in Maine, Iowa, North Carolina and South Carolina.Rachel Shorey contributed reporting. More

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      Jan. 6 Panel Moves to Recommend Criminal Charges Against Bannon

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      The House select committee investigating the Capitol riot will vote next week to recommend a criminal contempt of Congress charge against Stephen K. Bannon after he defied a subpoena.WASHINGTON — The chairman of the House inquiry into the Jan. 6 attack on the Capitol said the committee would move next week to recommend that Stephen K. Bannon, a former top adviser to President Donald J. Trump, face criminal contempt charges for refusing to cooperate with its investigation.The move would escalate what is shaping up to be a major legal battle between the select committee and the former president over access to crucial witnesses and documents that could shed light on what precipitated the assault, when a pro-Trump mob stormed the Capitol and disrupted Congress’s formal count of the votes that confirmed President Biden’s election.The fight will test how far Congress will be able to go in pressing forward on the investigation in the face of stonewalling by the former president. Should the House ultimately approve the referral, as expected, the Justice Department would decide whether to accept it and pursue a criminal case.So far, the Biden administration has taken the unusual step of refusing to honor Mr. Trump’s claims of executive privilege, which can shield White House deliberations or documents involving the president from disclosure.Mr. Bannon informed the panel last week that he would defy a subpoena, in accordance with a directive from Mr. Trump, who has told former aides and advisers that they should not cooperate because the information requested is privileged.“Mr. Bannon has declined to cooperate with the select committee and is instead hiding behind the former president’s insufficient, blanket and vague statements regarding privileges he has purported to invoke,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement.The committee, which is controlled by Democrats, will consider the referral on Tuesday and is all but certain to agree to it. That would send the criminal contempt citation to the full House, where Democrats have the votes to approve it. The matter would then be sent to the Justice Department with a recommendation that officials pursue a legal case against Mr. Bannon.The cumbersome procedure reflects a challenging reality that Democrats are grappling with as they delve deeper into the Jan. 6 inquiry. Congress is a legislative body, not a law enforcement entity, and its ability to compel cooperation and punish wrongdoing on its own is inherently limited. Its investigative tools are only as powerful as the courts decide, and the process of waging legal fights to secure crucial information and witnesses is likely to be a prolonged one.Robert J. Costello, a lawyer for Mr. Bannon, said in a letter to the committee on Wednesday that his client would not produce documents or testimony “until such time as you reach an agreement with President Trump” on claims of executive privilege “or receive a court ruling.”The case of Mr. Bannon is particularly tricky because he has not been an executive branch official since he left the White House in 2017, and any conversations he may have had with Mr. Trump pertaining to Jan. 6 are likely to have fallen outside the former president’s official duties.No court has definitively said whether conversations with private citizens are covered by executive privilege, which is generally extended in relation to conversations or documents that pertain to presidential duties.“Privilege for a private citizen, who was potentially talking about things outside of the president’s official duties, has never been tested in court,” said Jonathan D. Shaub, a law professor at the University of Kentucky who worked at the Justice Department’s Office of Legal Counsel.Even as it moves aggressively against Mr. Bannon, the panel has taken a different approach to two other advisers to Mr. Trump who have so far declined to comply with its subpoenas but have not stonewalled the inquiry entirely.Mark Meadows, the former White House chief of staff, and Kash Patel, a former Pentagon chief of staff, were also summoned to sit for depositions this week, but they are not yet facing contempt citations for failing to do so.The committee said it was in communication with Mr. Meadows and Mr. Patel, and a person with knowledge of those talks said that lawmakers were likely to grant them a delay before testifying. Dan Scavino Jr., a former White House deputy chief of staff under Mr. Trump, was served with his subpoena last week.For years while Mr. Trump was president, administration officials refused to comply with congressional subpoenas, thumbing their noses at Democratic lawmakers on matters from election interference to census questions. Democrats, in turn, opted not to try to press their claims in court, concluding that the process would be too time-consuming to be effective, particularly in the case of Mr. Trump’s impeachment.Now that he has left office, Democrats and Mr. Biden’s Justice Department must decide how aggressive they want to be in waging legal battles to insist on congressional prerogatives. That includes the question of whether to try to compel cooperation in the investigation from Mr. Trump himself, which Mr. Thompson has repeatedly said was possible, but which raises legal and logistical challenges that many Democrats privately say make it unlikely.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.But the Justice Department has generally refrained from prosecuting executive branch officials when they have refused to comply with subpoenas, and Congress has voted to hold them in contempt, according to a 2019 Congressional Research Service report.Justice Department legal opinions from 1984 and 2008 say that the department will not prosecute officials for complying with a president’s formal assertion of privilege over conversations or documents.In 2015, the Justice Department under President Barack Obama said it would not seek criminal contempt charges against Lois Lerner, a former I.R.S. official; and in 2019, the department under Mr. Trump made a similar decision, rebuffing Congress on behalf of Attorney General William P. Barr and Commerce Secretary Wilbur Ross.The last person charged with criminal contempt of Congress, Rita M. Lavelle, a former federal environmental official under President Ronald Reagan, was found not guilty in 1983 of failing to appear at a congressional subcommittee hearing. She was later sentenced to jail for lying to Congress.Jeffrey S. Robbins, a former federal prosecutor and a partner at the law firm Saul Ewing Arnstein & Lehr, said under different circumstances, the committee might face an uphill battle enforcing the subpoena: if the Justice Department were still under Mr. Trump, Congress were in Republican hands, or there were a reasonable argument — such as protecting national security — for invoking executive privilege. In this case, Mr. Robbins said, none of those circumstances existed.“It’s open contempt of a subpoena without an apparent basis,” said Mr. Robbins, who teaches a course on congressional investigations at Brown University. He called the invocation of executive privilege “patently bogus,” adding, “It’s difficult to imagine it will not be referred for prosecution.”Once Congress votes to hold Mr. Bannon in contempt, the next step would be to refer the matter to the U.S. attorney in Washington. If the White House determines that no claim of executive privilege applies, the U.S. attorney’s office would then decide whether to bring the case before a grand jury, in consultation with top Justice Department officials.But if Mr. Bannon were to sue over the issue, the Justice Department would most likely follow past practice and wait for the courts to resolve the lawsuit before bringing the contempt charge before a grand jury, Mr. Shaub said.In letters transmitting its subpoenas to Mr. Bannon and the three former Trump administration officials, the committee said it was seeking information about the president’s actions in the run-up to and during the riot.Mr. Bannon reportedly communicated with Mr. Trump on Dec. 30 and urged him to focus his efforts on Jan. 6, the committee said. He was also present at a meeting at the Willard Hotel in Washington the day before the violence, when plans were discussed to try to overturn the results of the election the next day, the committee stated. Mr. Bannon was quoted as saying, “All hell is going to break loose tomorrow.”On Wednesday, the committee also issued a subpoena to Jeffrey Clark, a former Justice Department official who was involved in Mr. Trump’s efforts to overturn the election. The committee’s action came the same day it heard lengthy closed-door testimony from Jeffrey A. Rosen, the former acting attorney general, who has testified publicly and privately about the final days of the Trump administration, when the former president was pressing top officials to use the Justice Department to advance false claims of election fraud.In private testimony before the Senate Judiciary Committee, Mr. Rosen said that Mr. Clark had told him that Mr. Trump was getting ready to fire Mr. Rosen and endorse Mr. Clark’s strategy of pursuing conspiracy theories about the hacking of voting booths and fraud.“Well, I don’t get to be fired by someone who works for me,” Mr. Rosen said he told Mr. Clark. More

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      in US Politics

      Steve Bannon: Capitol attack panel to consider criminal contempt referral

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      Steve BannonSteve Bannon: Capitol attack panel to consider criminal contempt referralHouse 6 January select committee to decide on Trump’s former strategist, who has snubbed subpoena requests, on Tuesday Hugo Lowell in WashingtonThu 14 Oct 2021 14.52 EDTFirst published on Thu 14 Oct 2021 13.54 EDTBennie Thompson, the chairman of the House select committee investigating the Capitol attack on Thursday announced the panel’s intention to consider a criminal contempt referral against Trump’s former strategist Steve Bannon for defying a subpoena as part of its 6 January inquiry.The vow to initiate contempt of Congress proceedings against Bannon – one of Donald Trump’s top advisers – puts the select committee on the path to enforce the subpoena issued to uncover what the former president knew in advance of plans to mount an insurrection.House Capitol attack panel issues subpoena to Trump official Jeffrey ClarkRead moreThompson said in a statement that the committee would move to consider prosecuting Bannon for refusing to comply with a subpoena demanding documents and testimony after rejecting his claims that he could not appear for a deposition because of executive privilege.“The select committee will not tolerate defiance of our subpoenas, so we must move forward with proceedings to refer Mr Bannon for criminal contempt,” Thompson said. “Witnesses who try to stonewall the select committee will not succeed.”The select committee will meet on Tuesday to decide whether to recommend the full House authorize a criminal referral for Bannon to the justice department, Thompson said, though with the panel’s members united in their fury, the decision is expected to be unanimous.House select committee investigators had ordered Bannon and Kash Patel, a former Trump defense department aide, to testify on Thursday, with additional closed-door interviews with Trump’s former White House chief of staff Mark Meadows and his deputy, Dan Scavino, on Friday.Neither Bannon nor Patel ultimately appeared on Capitol Hill for the first set of scheduled depositions, after Trump instructed his aides to defy the subpoenas on grounds that any discussions that involved him were protected by executive privilege.The select committee temporarily postponed depositions with Patel and Meadows while their lawyers continued to discuss cooperation, according to a source familiar with the matter. Scavino was also granted a reprieve after having his subpoena served late.But Thompson made clear that he had run out of patience with Bannon, who twice told the select committee that he intended to defy his subpoena in its entirety, abiding by the former president’s instructions first reported by the Guardian.“Mr Bannon has declined to cooperate with the select committee, and is instead hiding behind the former president’s insufficient, blanket, and vague statements regarding privileges,” Thompson said. “We reject his position entirely.”The select committee chairman also rejected Bannon’s executive privilege claim, in part because the protection exists to protect the interests of the country, and not the private, political interests of a former president, the source said.Once the select committee adopts a contempt report, it is referred to the full House for a vote. Should the House approve the report, Congress can then send the request for a criminal referral to the US attorney for the District of Columbia.The earliest the select committee can vote to adopt a contempt report for Bannon is Tuesday, because House rules require Thompson to issue a three-day notice in advance of a business meeting at which members can discharge the report.Congresswoman Stephanie Murphy, a member of the select committee, said on MSNBC that the panel was moving to enforce the subpoenas as soon as it could. “I fully expect this Department of Justice to uphold and enforce that subpoena,” she added.House select committee investigators had expressed optimism when they first issued subpoenas to the four Trump administration officials that they would be able to hear from at least one of their marquee witnesses on the scheduled deposition dates.Yet the initial optimism rapidly turned sour in the weeks that followed, after Trump announced his intention to block the select committee at every turn and the prospects of deposing some of the closest aides to the former president vanished before their eyes.The move to consider launching a criminal referral for Bannon to the justice department sets up a potentially lengthy legal battle that is certain to test Congress’s oversight authority over the executive branch and ability to uncover presidential secrets.And in preparing for the first step to hold Bannon in contempt of Congress, the select committee now faces the prospect of fighting Trump in court on two fronts – over the release of White House records, as well as his power to block his aides’ testimony.The former president, however, faces a steep uphill struggle in both instances after the justice department previously authorized officials from the Trump administration to testify to Congress about the Capitol attack and Trump’s efforts to subvert the 2020 election.TopicsSteve BannonUS Capitol attackUS politicsHouse of RepresentativesnewsReuse this content More