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      The Borking of Joe Biden

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      If there was any doubt that the Republican House was no more sophisticated than a preschool playground, last week’s opening of an impeachment inquiry into President Biden settled it with a nasty kick of sand in Democrats’ face.How else can you describe the pretext for this fishing expedition other than “You started it”? If our guy got embroiled in impeachment and protracted legal proceedings during election season, well then, damn it, so will yours.Whereas Democrats began the first Trump impeachment inquiry after it was revealed that he tried to extort a political favor from the president of Ukraine in exchange for military aid, and the second impeachment after an insurrection, the Biden inquiry is proceeding with no clear evidence of any misdeeds by the president.This is just the latest asymmetric tit-for-tat by Republicans.Even many Republicans in Congress don’t buy into this kind of baloney, as we’ve learned from a series of Washington confessionals and from several Republicans who have questioned whether their side has the goods or if this is the best use of their time. As Kevin McCarthy announced the impeachment inquiry, you could almost see his wispy soul sucked out Dementor-style, joining whatever ghostly remains of Paul Ryan’s abandoned integrity still wander the halls of Congress.But this isn’t the first time we’ve witnessed this kind of sorry perversion of Democratic precedent. What Democrats do first in good faith, Republicans repeat in bad faith. Time and again, partisan steps that Democrats take with caution are transmogrified into extraordinary retaliation by Republicans.And so, Al Gore’s challenge of the 2000 election results, ending in his decorous acceptance of the results after a bitter court ruling, is reincarnated as an unhinged insurrection at the Capitol in 2021.In exchange for the brief moment after the 2004 election when some Democrats claimed irregularities with the Ohio ballot process, we get Republicans taking baseless claims of voter fraud in 2020 to thermonuclear level.In June 1992, Biden, then chairman of the Senate Judiciary Committee, called on President George H.W. Bush not to nominate any candidate for the Supreme Court until after the fall election, saying it was “fair” and “essential” to keep what could be a sharp political conflict out of the campaign’s final days — as well as the nomination process itself. Of course, with no vacancy at hand, the stakes in that instance were nonexistent. But just after Justice Antonin Scalia died in February 2016, Mitch McConnell took the extraordinary position that he would not submit any Supreme Court nominee from President Barack Obama for Senate consideration in an election year. By ignoring that nominee, Merrick Garland, Republicans maintained a conservative majority on the court. McConnell, of course, disingenuously cited the “Biden rule” in his decision.It is a bitter paradox that Biden, long a careful moderate, has suffered the brunt of this vindictive one-upmanship. The trouble with being around for so long, as Biden has been, is that there is always someone who remembers “the time when you” and holds a grudge.And while there’s no direct connection between the 1987 defeat of Ronald Reagan’s nomination of Robert Bork for the Supreme Court and the current impeachment inquiry, I can’t help thinking that the rage that set off among conservative Republicans helped ignite the flames of animosity that have only intensified over the years, yet another instance of a Democratic precedent being grossly misinterpreted as a political ploy rather than as a principled stand.It was Biden, who as chair of the Judiciary Committee and candidate for the Democratic presidential nomination, was compelled to lead the fight against Bork. There was plenty of reason to block Bork: He had opposed the Civil Rights Act of 1964; the principle of one-person, one-vote; the judicial protection of gay rights; and the idea of a constitutional right to privacy as the foundation of not only Roe v. Wade, but also the right to contraception.But the fight made even some Democrats nervous. “Will Democrats Self-Destruct on Bork?” the liberal columnist Mark Shields asked.At that time, for one party to lead the fight to reject a Supreme Court nominee on ideological grounds was extraordinary. The vehemence with which some senators, like Ted Kennedy, approached it exacerbated the rancor. This sort of process became known as “Borking,” which, for Republicans, meant using someone’s record to destroy their character. To their minds, even though six Republicans voted against Bork, Democrats had politicized and poisoned the nomination process.It’s hard not to see the unhinged attempt to take down Biden now as some kind of warped reincarnation of “Borking,” yet another twisted abuse of Democratic precedent.The misdeeds Trump committed in office clearly warranted an unprecedented double impeachment. They certainly did not warrant this inquiry into Biden.We are left to hope that the effort will now blow up in the G.O.P.’s face. Considering the shameless stuntathon of today’s House Republicans, this may be the closest we get to what’s fair.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Merrick Garland faces down Republican attacks over Hunter Biden inquiry

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      Merrick Garland faced down the latest Republican attacks on the justice department’s handling of Hunter Biden and other issues on Wednesday, vowing to “not be intimidated”.The House judiciary inquiry came just a week before the Joe Biden impeachment hearing, which will also focus on the scope of Hunter Biden’s legal troubles and alleged corruption. Both are part of the Republican party’s ongoing attempt to erode trust in federal institutions such as the Department of Justice and its FBI arm, claiming they are partisan actors.“Our job is to pursue justice, without fear or favor. Our job is not to do what is politically convenient,” Garland said in his opening statement. “Our job is not to take orders from the president, from Congress or from anyone else about who or what to criminally investigate. As the president himself has said, and I reaffirmed today, I am not the president’s lawyer. I will add I am not Congress’s prosecutor.”The committee’s chairman, Jim Jordan, a Republican from Ohio, launched into those queries in his opening statement, criticizing the attorney general’s decision to appoint David Weiss as a special counsel to handle the investigation into the president’s son. Weiss is the federal prosecutor in Delaware who was appointed by Donald Trump and kept in his job even after Joe Biden took the White House and swapped out most other US attorneys nationwide.Despite that, Jordan thinks Weiss is undermining the investigation into Hunter Biden, which has centered on claims he failed to pay income taxes and lied about using drugs while buying a gun. Biden was indicted on the latter charge last week.“He could have selected anyone,” Jordan said of Garland. “He could have picked anyone inside government, outside government. He could have picked former attorney generals, former special counsels, but he picks the one guy … he knows will protect Joe Biden. He picks David Weiss.”Matt Gaetz, a Republican from Florida, took a more colorful approach, criticizing Biden’s public loyalty to his son.“Has anyone at the department told President Biden to knock it off with Hunter? I mean, you guys are charging Hunter Biden on some crimes, investigating him on others, you’ve got the president bringing Hunter Biden around to state dinners. Has anyone told him to knock it off?” Gaetz asked.The judiciary committee’s highest-ranking Democrat, Jerry Nadler of New York, also asked Garland what would happen if the FBI was defunded, which has become a surprising rallying cry for extreme rightwing Republicans such as representatives Marjorie Taylor Greene and Matt Gaetz, as well as the presidential candidate Vivek Ramaswamy, who claim the law enforcement agency has become politicized.Defunding the FBI “would leave the United States naked to the malign influence of the Chinese Communist party, to the attacks by Iranians on American citizens and attempts to assassinate former officials, to the Russian aggression, to North Korean cyber-attacks, to violent crime in the United States, which the FBI helps to fight against, to all kinds of espionage, to domestic violent extremists who have attacked our churches, our synagogues or mosques and who have killed individuals out of racial hatred,” Garland said.skip past newsletter promotionafter newsletter promotion“I just, I cannot imagine the consequences of defunding the FBI, but they would be catastrophic.”Amid the back and forth, the White House put out a statement, calling the hearing a “circus” that wasted Garland’s time promoting conspiracy theories rather than dealing with more pressing business, like funding the government ahead of a shutdown on 30 September.“Extreme House Republicans are running a not-so-sophisticated distraction campaign to try to cover up their own actions that are hurtling America to a dangerous and costly government shutdown,” the White House spokesperson for oversight and investigations, Ian Sams, said of the hearing, which the judiciary committee regularly holds with the attorney general.“They cannot even pass a military funding bill because extreme House Republicans are demanding devastating cuts like slashing thousands of preschool slots nationwide and thousands of law enforcement jobs including border agents, so they cranked up a circus of a hearing full of lies and disinformation with the sole goal of baselessly attacking President Biden and his family,” Sams said. More

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      Republicans seem even further from resolution as US shutdown deadline nears

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      Republican leaders seemed to move further away from a resolution to the impending government shutdown on Tuesday.In a sign of how bad the party’s split has become, a procedural vote on the short-term funding bill expected to happen today was cancelled, and an attempt to advance a Pentagon spending bill was voted down, thanks to rightwing Republicans. The vote intensifies the risk of a shutdown on 1 October and Kevin McCarthy losing his speakership.As another week of negotiations wears on, Republicans in the House of Representatives are in a state of “civil war”, according to the Democratic minority leader, Hakeem Jeffries. Media reports suggested that a newly aggressive McCarthy was ready to force a showdown with the hardliners in his party less than two weeks before the deadline to keep federal agencies afloat.But the day’s chaos revealed that he still faced a steep uphill climb, with far-right Republicans Matt Gaetz and Marjorie Taylor Greene signaling earlier in the day that even a resolution to temporarily delay a shutdown was out of reach.Part of the holdup includes proposed amendments from far-right Republicans on the continuing resolution that would prevent funds from being used for Ukraine aid and other initiatives. Greene’s list of amendments also included a ban on funding for Covid-19 vaccine mandates.A shutdown would mean thousands of government employees would be required to stop working until an agreement is reached, and many government benefits delayed. But even with Mitch McConnell’s warning to his own party, some hardliners continue to delay progress.Late on Sunday a group of hardline and moderate Republicans had reached agreement on a short-term stopgap spending bill, known as a “continuing resolution”, or CR, that could help McCarthy move forward on defence legislation.The measure would keep the government running until the end of October, giving Congress more time to enact full-scale appropriations for 2024. The Politico website reported that the Heritage Foundation, an influential conservative thinktank, had thrown its weight behind the proposed CR.But it remains unclear whether it can garner enough Republican support to pass the House. At least a dozen members came out against it or expressed scepticism. Matt Gaetz, a Florida congressman who has called for McCarthy’s removal, tweeted that the CR is “a betrayal of Republicans” while Majorie Taylor Greene of Georgia posted: “I’m a NO!”The standoff poses the biggest threat to McCarthy in his eight months as the top House Republican as he struggles to unite a fractured caucus. On Tuesday Politico reported that he intends to come out fighting by putting the CR to a floor vote and daring his detractors to put themselves on the record by voting against it.“That would set McCarthy & Co. up to blame those holdouts for undercutting the party’s negotiating hand with Democrats, ultimately leading to the Senate jamming the House with a shutdown-averting stopgap without any Republican concessions,” Politico wrote.Last week McCarthy dared his opponents to hold a vote to remove him, reportedly telling them behind closed doors: “File the fucking motion!”He also vowed to move forward this week on an $886bn fiscal 2024 defense appropriations bill, which stalled last week as hardliners withheld support to demand a topline fiscal 2024 spending level of $1.47tn – about $120bn less than what McCarthy and Biden agreed to in May.McCarthy told Fox News’s Sunday Morning Futures programme: “We’ll bring it to the floor, win or lose, and show the American public who’s for the Department of Defense, who’s for our military.” But in a fresh setback on Tuesday, McCarthy was forced to postpone a procedural vote on the measure to provide more time for negotiations.The White House has already threatened to veto the defence bill. The resolution agreed upon on Sunday is also unlikely to succeed with Democrats and become law. It would impose a spending cut of more than 8% on agencies other than the defense department and Department of Veterans Affairs and includes immigration and border security restrictions but not funding for Ukraine.Leah Greenberg, co-founder of the progressive group Indivisible and a former congressional aide, said: “You have a Republican party that is focused on advancing extremist policy instead of on doing the basic work of governing. Every Republican in the House is basically enabling this process by virtue of being unwilling to break with the extremists.“What you’re seeing with McCarthy is his own intentions are irrelevant. He is simply caving to the most extreme folks within the caucus and they are driving the agenda.”skip past newsletter promotionafter newsletter promotionThe Republican-controlled House and Democratic-led Senate have until 30 September to pass spending legislation that Joe Biden can sign into law to keep federal agencies afloat. With a 221-212 majority, McCarthy can afford to lose no more than four votes to pass legislation that Democrats unite in opposing.Some members of the hardline House Freedom Caucus, largely aligned with Donald Trump, are openly embracing a shutdown as a negotiating tactic to get their way on spending and conservative policy priorities.Congressman Chip Roy, a Freedom Caucus member, last week described a shutdown as “almost” inevitable and warned: “We have to hold the line.”Ultimately Republicans could be forced to move directly into negotiations with Senate Democrats on appropriations bills that could pass both chambers quickly and be signed into law by Biden.But this could fuel calls for McCarthy to be ousted from hardline conservatives and others who have accused him of failing to keep promises he made to become speaker in January.Congressman Ralph Norman, a Freedom Caucus member, told the Reuters news agency: “It’d be the end of his speakership.”Adding to the chaos, McCarthy apparently sought to curry favour with the far right last week by announcing the opening of an impeachment inquiry into Biden despite no tangible evidence that the president has committed an impeachable offence.On Tuesday he told reporters: “I never quit.” But his young speakership has never looked so vulnerable.Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “It’s obviously uncertain. My hunch is what we’re going to see is McCarthy’s going to want to pass something and he will probably be forced to make concessions that are unacceptable to Democrats and maybe some Republicans. So this is the beginning of a process, not the culmination of it.”McCarthy only gained the speaker’s gavel in January after a tortuous 15 rounds of voting and hard bargaining with the far right. Bill Galston, a former policy adviser to Bill Clinton, said: “Kevin McCarthy, in order to become speaker of the House, handed out a slew of promissory notes. Those notes are all coming due at the same time and I don’t think he has enough political money in the bank to make good on the notes.“He’s the Mr Micawber of Republican politics, just hoping that something will turn up.” More

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      in US Politics

      US House Republicans pitch short-term spending deal as shutdown looms

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      With a possible partial US government shutdown looming in two weeks, Kevin McCarthy on Sunday said he would bring a defense spending bill to a vote “win or lose” this week, despite resistance from hardline fellow Republicans.The House speaker is struggling to bring fiscal 2024 spending legislation to the floor, with Republicans fractured by conservative demands for spending to be cut to a 2022 level of $1.47tn – $120bn below the spending on which McCarthy agreed with Joe Biden in May.Late on Sunday, members of the hardline House Freedom Caucus and the more moderate Main Street Caucus announced a deal on a short-term stopgap bill to keep the government open until 31 October, but with a spending cut of more than 8% on agencies apart from the defense and veterans affairs departments.The measure, which is unlikely to become law, also includes conservative restrictions on immigration and the US border with Mexico.Republicans have said that such a deal could allow the House to move forward on the defense spending bill this week.But it was unclear whether the measure had sufficient Republican support to pass the chamber. The spending cuts were also likely to draw opposition from Democrats in the House and Senate, who reject the immigration provisions.Republicans hold a narrow 221-212 majority in the chamber as they bicker over spending and pursue a new impeachment drive against Joe Biden while the United States faces a possible fourth partial government shutdown in a decade.McCarthy has begun to face calls for floor action seeking his ouster from hardline conservatives and others who have accused him of failing to keep promises he made to become speaker in January after a revolt from some of the most conservative Republicans in the House.The Republican-controlled House and Democratic-led Senate have until 1 October to avoid a partial shutdown by enacting appropriations bills that Biden, a Democrat, can sign into law, or by passing a short-term stopgap spending measure to give lawmakers more time for debate.McCarthy signaled a tougher stand with hardliners, telling the Fox News Sunday Morning Futures program that he would bring the stalled defense bill to the floor this week. The House last week postponed a vote on beginning debate on the defense appropriations bill due to opposition from the hardliners.“We’ll bring it to the floor, win or lose, and show the American public who’s for the department of defense, who’s for our military,” McCarthy said.McCarthy also said he wants to make sure there is no shutdown on 1 October, saying: “A shutdown would only give strength to the Democrats.”McCarthy has held closed-door discussions over the weekend aimed at overcoming a roadblock by the conservative hardliners to spending legislation. They want assurances that legislation will include their deep spending cuts, as well as conservative policy priorities including provisions related to tighter border security that are unlikely to secure Democratic votes.“We made some good progress,” McCarthy said.Elise Stefanik, the number four House Republican, told the Fox News Sunday program that she was optimistic about moving forward on appropriations after closed-door discussions.But Republican representative Nancy Mace told ABC’s This Week that she expects a shutdown and did not rule out support for a vote to oust McCarthy’s ouster. Mace complained that the speaker has not made good on promises to her involving action on women’s issues and gun violence.“Everything’s on the table at this point for me,” Mace said.Mace played down the consequences of a shutdown, saying much of the government would remain in operation and that the hiatus would give government workers time off with back pay at a later date.Democratic former House Speaker Nancy Pelosi said a shutdown would risk harming the most vulnerable members of society who depend on government assistance.“We’re talking about diminishing even something as simple and fundamental as feeding the children,” Pelosi told MSNBC. “We have to try to avoid it.“ More

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      Why are Republicans launching Biden impeachment inquiry and what’s next?

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      Kevin McCarthy, the speaker of the US House, announced on Tuesday he is launching a formal impeachment inquiry into president Joe Biden – despite resistance from Republicans in the House and Senate, where an impeachment vote would almost certainly fail.The order comes as McCarthy faces mounting pressure from some far-right members of his chamber, who have threatened to tank his deal to avert a government shutdown by the end of the month if he does not meet their list of demands.Here’s what you need to know.Why is McCarthy launching the impeachment inquiry?According to McCarthy, findings from Republican-led investigations over the summer recess revealed “a culture of corruption”, and that Biden lied about his lack of involvement and knowledge of his family’s overseas business dealings.“These are allegations of abuse of power, obstruction and corruption. And they warrant further investigation by the House of Representatives,” McCarthy said during a brief press conference at the US Capitol on Tuesday.Many of the allegations center on the president’s son, Hunter Biden, who sat on the board of a Ukrainian energy company, Burisma, during his father’s term as vice-president. Republicans allege that Joe Biden improperly benefited from his son’s foreign connections but, after several months, have produced no evidence. Watchdog groups say Republicans do not actually have evidence to back up their claims.McCarthy previously indicated an impeachment inquiry “would occur through a vote on the floor of the People’s House and not through a declaration by one person”, in a statement to rightwing Breitbart News earlier this month. But he declared the launch of an impeachment probe just a week and a half later, without a House floor vote, which likely means he does not have the support.What happens now?McCarthy has directed the chairs of three House committees – judiciary, oversight and ways and means – to lead the impeachment probe.Each of the committees have held hearings related to alleged crimes committed by the Biden family, and the chairs earlier launched a joint investigation into the Department of Justice claiming “misconduct” in its investigation of Hunter Biden for tax evasion and illegally possessing a gun.The White House sent a letter to news outlets on Wednesday urging members of the media to ramp up scrutiny of House Republicans’ “demonstrably false claims”.Where do the Republican investigations into Biden stand?After months of investigations, Republicans have failed to produce evidence that President Biden committed any crimes, according to the White House, which on Tuesday called the impeachment inquiry “extreme politics at its worst”.A watchdog group found that the house oversight committee investigation into Biden’s family, led by its chair, James Comer, a Republican from Kentucky, has been “eight months of abject failure”. Comer overhyped allegations of bribery and corruption without evidence, according to a report by the Congressional Integrity Project released Monday.skip past newsletter promotionafter newsletter promotionDo all Republicans support impeachment?Republicans in the House are split over the impeachment inquiry, with some supporting McCarthy’s decision with others publicly expressing their opposition.Don Bacon of Nebraska said on Tuesday he opposed the impeachment inquiry, saying McCarthy should hold a vote because there is currently no evidence suggesting Biden committed a crime.Ken Buck of Colorado, a member of the House freedom caucus, said in an interview on MSNBC days before McCarthy ordered the impeachment inquiry that “evidence linking President Biden to a high crime or misdemeanor … doesn’t exist right now”.Buck’s statement clashes with those of Marjorie Taylor Greene of Georgia, a fellow freedom caucus member who has trumpeted an impeachment vote, and of Matt Gaetz of Florida, who called the impeachment inquiry a “baby step”.Donald Trump has also been outspoken about impeaching Biden and reportedly supported Republican impeachment efforts from behind the scenes ahead of McCarthy’s announcement.Senate Republicans remained largely ambivalent on whether they supported the House’s impeachment inquiry, according to Politico, with some saying they hoped it would help McCarthy secure enough votes to avoid a government shutdown.Is impeachment likely to prevail?It’s unlikely. Impeachment would require a simple majority vote in the House, where it would likely struggle to garner enough support, before it went to the Senate.The Senate, where Democrats hold a slim majority, requires a two-thirds vote to convict. More

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      House speaker Kevin McCarthy announces impeachment inquiry into Joe Biden

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      The speaker of the US House of Representatives, Kevin McCarthy, on Tuesday announced that Republicans would open an impeachment investigation into Joe Biden over unproven allegations of corruption in his family’s business dealings.The announcement by McCarthy kicks off what are expected to be weeks of Republican-led hearings intended to convince Americans that the president profited from the business dealings of his son Hunter Biden and other family members, but it is unclear if the GOP has the evidence to substantiate the long-running claims, or even the votes for impeachment.The campaign comes as McCarthy tries to hang on to his position as leader of Congress’s lower chamber, despite a mere four-seat Republican majority and rising discontent among its most extreme conservative lawmakers, who are upset over a deal McCarthy reached with Biden to raise the debt ceiling while cutting some government spending, and have demanded recompense in the form of an impeachment inquiry.“House Republicans have uncovered serious and credible allegations into President Biden’s conduct. Taken together, these allegations paint a picture of a culture of corruption,” McCarthy announced as lawmakers in Congress’s lower chamber resumed work following a month-long recess in August.“I am directing our House committee to open a formal impeachment inquiry into President Joe Biden. This logical next step will give our committees the full power to gather all the facts and answers for the American public. That’s exactly what we want to know – the answers. I believe the president would want to answer these questions and allegations as well,” McCarthy said.While impeachment can be the first step to removing a president from office, that appears unlikely to happen. If the House impeaches Biden, the matter would then go to the Senate, which would have to support his conviction with a two-thirds majority – a high bar to clear in a chamber currently controlled by Democrats. The White House spokesman Ian Sams called McCarthy’s announcement “extreme politics at its worst”.“House Republicans have been investigating the President for 9 months, and they’ve turned up no evidence of wrongdoing[.] His own GOP members have said so[.] He vowed to hold a vote to open impeachment, now he flip flopped because he doesn’t have support,” Sams wrote on Twitter.The impeachment inquiry will be handled by the oversight, judiciary and ways and means committees, all of which are controlled by McCarthy allies and since the start of the year have spent much of their time trying to make corruption allegations against the president stick.In a sign of the paucity of the results of their efforts, reports indicate McCarthy does not yet have enough votes in support of impeaching Biden. Earlier this month, the speaker told Breitbart News, “If we move forward with an impeachment inquiry, it would occur through a vote on the floor of the People’s House and not through a declaration by one person,” but backtracked on Tuesday, making no mention of holding a vote to start the investigation.The corruption allegations against the president have generally focused on his son Hunter, who has been under federal investigation since 2018. In July, the collapse of a plea agreement he reached with prosecutors to resolve charges related to failing to pay his income taxes for two years and lying about using drugs when buying a gun. Last week, prosecutors said Hunter Biden could be indicted on the gun charge by the end of the month.skip past newsletter promotionafter newsletter promotionRepublicans insist that Joe Biden illicitly profited from his son’s business dealings overseas, but have yet to turn up proof. In July, Hunter Biden’s former business partner Devon Archer spoke behind closed doors to the House oversight committee, and said the younger Biden would sometimes put his father on speakerphone during meetings.But the former vice-president “never once spoke about any business dealings”, Archer said, adding that he felt Hunter was trying to create an “illusion of access” to his father as he pursued deals in Ukraine.
      This article was amended on 12 September 2023 to correct the number of seats that make up the Republican majority in the US House. More

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      Trump files for judge in federal election interference trial to be taken off case – live

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      From 53m agoIn a court filing on Monday, former president Donald Trump moved to recuse federal judge Tanya Chutkan, who is overseeing the 2020 election subversion case, citing her previous comments about his culpability.“Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned,” the motion for recusal reads. “Such statements, made before this case began and without due process, are inherently disqualifying.”The filing includes a reference to a statement Chutkan made during cases in 2022 before the special counsel issued findings:
      This was nothing less than an attempt to violently overthrow the government, the legally, lawfully, peacefully elected government by individuals who were mad that their guy lost. I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats they were wearing and the garb. And the people who mobbed that Capitol were there in fealty, in loyalty, to one man – not to the constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this country; and not to the principles of democracy. It’s a blind loyalty to one person who, by the way, remains free to this day.”
      “Fairness and impartiality are the central tenets of our criminal justice system,” Trump’s legal team wrote in the filing. “Both a defendant and the public are entitled to a full hearing, on all relevant issues, by a Court that has not prejudged the guilt of the defendant, and whose neutrality cannot be reasonably questioned.”Though the filing only surfaced Monday, conservative calls for Chutkan to step down have been mounting in recent weeks. Republican congressman and Trump-loyalist Matt Gaetz filed a resolution to condemn and censure the federal judge for her comments in recent weeks.Just last night, Mark Levin, a conservative pundit and Fox News show host, took aim at Judge Chutkan on his program.Making the case that she is “unqualified” to preside over the case against Trump, Levin cited an investigation on Real Clear Politics, a right-leaning website largely funded by pro-Trump conservatives, that outlines many of the arguments used by the former president’s legal team to call for Chutkan’s recusal.But for all the crying-foul coming from conservatives, it will be difficult for the Trump legal team to succeed in getting her off the case. As New York University professor of law Stephen Gillers told Real Clear Politics: “Almost never will a judge be recused for opinions she forms as a judge – in hearing cases and motions. Judges are expected to form opinions based on these ‘intrajudicial’ sources. It’s what judges do.”Ultimately, Chutkan will be the one to rule on whether she is too biased to preside over the case. If she denies the recusal, Trump’s lawyers could petition an appeals court, but it’s still a long shot.This also isn’t the first time Trump has tried to get a new judge. He previously failed to get a new judge to preside over his New York State court case and also attempted to get the case moved to federal court.Trump has challenged the judge or jurisdiction in three of his four criminal cases this year, CBS News reports, excluding only Aileen Cannon – presiding over the 40 felony counts charged for “willful retention of national security information” – who he appointed.In a court filing on Monday, former president Donald Trump moved to recuse federal judge Tanya Chutkan, who is overseeing the 2020 election subversion case, citing her previous comments about his culpability.“Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned,” the motion for recusal reads. “Such statements, made before this case began and without due process, are inherently disqualifying.”The filing includes a reference to a statement Chutkan made during cases in 2022 before the special counsel issued findings:
      This was nothing less than an attempt to violently overthrow the government, the legally, lawfully, peacefully elected government by individuals who were mad that their guy lost. I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats they were wearing and the garb. And the people who mobbed that Capitol were there in fealty, in loyalty, to one man – not to the constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this country; and not to the principles of democracy. It’s a blind loyalty to one person who, by the way, remains free to this day.”
      “Fairness and impartiality are the central tenets of our criminal justice system,” Trump’s legal team wrote in the filing. “Both a defendant and the public are entitled to a full hearing, on all relevant issues, by a Court that has not prejudged the guilt of the defendant, and whose neutrality cannot be reasonably questioned.”President Biden marked the anniversary of 9/11 by speaking to service members, first responders, and their families in Anchorage, Alaska.Standing before an enormous American flag the president recounted memories of that tragic day while championing the acts of patriotism and courage performed in response.“Those terrorists could never touch the soul of America,” the President said resolutely. “Heroes, like all of you,” he added, “never faltered to defend our nation, our people an dour values in times of trial”.He used the speech to tell the gathered troops that his administration is working to ensure broader support for service members when they return home. Outlining the ways in which the US has fought terrorist foes over the last two decades, and noting that Osama Bin Laden was sent “to the gates of hell,” Biden turned toward the battles the country is still fighting – the deep-seated divisions that continue to threaten its future.To drive home the point, the President ended with an anecdote about his late friend, Senator John McCain.“John and I were friends. Like a lot of us we had differences,” he said, adding that the two, “disagreed like hell,” on the Senate floor but would always find time to lunch afterward.On their last meeting, Biden shared, McCain pulled him close, said he loved him, and asked Biden to perform his eulogy.“He put duty to country first,” Biden said. “Above party, above politics, above his own person.” The president invoked the American people, including the military members in attendance, to reflect on that during this day of remembrance.“We must never lose that sense of national unity,” he said. “Let that be the common cause of our time.”Five American prisoners being detained in Iran could soon be freed, thanks to a new deal the countries reached today. In exchange for the 5 US citizens, 5 Iranians held in the US will be released and the US will allow the transfer of $6bn in frozen Iranian funds from South Korea to Qatar without sanctions, the Associated Press reports.Congress was notified of the deal today, after it was signed off by the Biden Administration late last week. AP reports that significant sum cleared for use by Iran was a key aspect to the deal, encouraging foreign banks to perform the transfer intended to be used to purchase humanitarian supplies. The cnetral bank of Qatar will hold the funds, which will be controlled by Qatar’s government, to ensure its use is dedicated to aid, including medicine and food for the people of Iran.The American prisoners have also been transferred out of Iranian jails and are now in house arrest.The deal is the result of more than two years of negotiations between the two countries, according to the The New York Times, which reported on the tentative agreement in August.“This is just the beginning of a process that I hope and expect will lead to their return home to the United States,” Secretary of State Antony J. Blinken told reporters at the time. “There’s more work to be done to actually bring them home. My belief is that this is the beginning of the end of their nightmare.”The Biden administration is close to approving the shipment of longer-range missiles packed with cluster bombs to Ukraine, Reuters is reporting, citing four US officials.The US is considering shipping either or both Army Tactical Missile Systems (ATACMS) that can fly up to 190 miles (306 km), or Guided Multiple Launch Rocket System (GMLRS) missiles with a 45-mile range packed with cluster bombs, the report says.If approved, either option would be available for rapid shipment to Kyiv, giving Ukraine the ability to cause significant damage deeper within Russian-occupied territory.The decision to send ATACMS or GMLRS, or both, is not final and could still fall through, according to the sources.The US has approved a series of Covid-19 booster vaccines amid rising cases of coronavirus around the country, the Food and Drug Administration said.The FDA said it had approved Moderna and Pfizer-BioNTech vaccines, which can be administered even to people who never previously received a Covid-19 vaccination.As with earlier vaccinations, the new round of shots are cleared for adults and children as young as age 6 months.Starting at age five, most people can get a single dose even if they have never had a prior Covid-19 shot, per the FDA. Younger children might need additional doses depending on their history of Covid-19 infections and vaccinations.Hospitalizations from Covid-19 have crept up in recent weeks, although the rise is lower than the same time last year. In the week ending 26 August just over 17,400 people were hospitalized from Covid-19, NBC reported, up 16% from the week before.In August, two hospitals in New York state re-introduced mandatory masking after an increase in Covid-19 cases, while the Lionsgate film studio reinstated a mask mandate for half its employees in its flagship Los Angeles offices.That same month, the US Centers for Disease Control and Prevention (CDC) said that it had discovered a new Covid-19 variant and warned high-risk individuals to resume wearing masks.The variant, BA 2.86, was detected during monitoring of wastewater, the CDC said. It said it was too soon to tell if BA 2.86 could lead to more severe illness than other variants, but reported “reassuring” results of early research which showed that existing antibodies work against the BA 2.86 variant.Donald Trump urged supporters they need to “fight like hell” or risk losing their country during a speech at a South Dakota rally in which the former president used language resonant of the run-up to the January 6 US Capitol attack, according to a CNN report. “I don’t think there’s ever been a darkness around our nation like there is now,” Trump said on Friday, as he accused Democrats of allowing an “invasion” of migrants over the southern border and of trying to restart Covid “hysteria”, the report says.
      The Republican front-runner’s stark speech raised the prospect of a second presidency that would be even more extreme and challenging to the rule of law than his first. His view that the Oval Office confers unfettered powers suggests Trump would indulge in similar conduct as that for which he is awaiting trial, including intimidating local officials in an alleged bid to overturn his 2020 defeat.
      Here are some images from the news wires of how the US has been marking the 22nd anniversary of the 9/11 terror attacks, which took the lives of nearly 3,000 people.Several people were arrested after entering the office of Kevin McCarthy, the speaker of the House, during a protest for HIV/Aids funding on Monday.The US President’s Emergency Plan for Aids Relief (Pepfar), a widely bipartisan program, has since been reauthorized three times, and Joe Biden earlier this year indicated that he would work with Congress to extend it a fourth.But the program’s latest extension has been caught up in a partisan fight over abortion and is under threat amid Congress’s negotiations over a government shutdown.Some Republicans are opposing Pepfar’s reauthorization, arguing that current restrictions do not sufficiently prevent the funds from being used to support abortions, according to an August report by the Federation of American Scientists.New Jersey Republican Representative Chris Smith, who chairs the House foreign affairs subcommittee, in a letter to colleagues in June:
      Any multi-year PEPFAR reauthorizing legislation must ensure that Biden’s hijacking of PEPFAR to promote abortion be halted.
      The program was first established in 2003 by President George W Bush to prevent and treat HIV/Aids in developing countries worldwide, and it is overseen by the US Department of State.About 20 million people depend on the program globally, according to a White House statement in January.Smith was a co-sponsor of the 2018 bill extending Pepfar for five years but is now seeking to block its renewal after Biden in 2021 lifted Trump-era restrictions that barred Pepfar and other global programs receiving US funding from performing or promoting abortions.The Food and Drug Administration (FDA) gave the green light to updated Covid-19 vaccine shots from Moderna and Pfizer/BioNTech, but it is the Centers for Disease Control and Prevention that recommends who should get the shot, according to a Washington Post report. The CDC is leaning toward a broad recommendation that covers almost all ages, mirroring the FDA approach, the paper writes, citing federal officials.
      But it is possible that some on the agency’s panel of outside experts, the Advisory Committee on Immunization Practices, will push for a targeted recommendation focused on those at greatest risk — older Americans or people with weakened immune systems or other illnesses.
      Experts interviewed by the paper said they would get the coronavirus shot as soon as possible amid a late-summer uptick in Covid cases across the USUpdated Covid-19 vaccinations could begin later this week, and the US hopes to ramp up protection against the latest coronavirus strains amid steadily increasing cases.The newest shots target an omicron variant named XBB.1.5, replacing combination vaccines that mixed protection against the original coronavirus strain and even older omicron variants.“Vaccination remains critical to public health and continued protection against serious consequences of COVID-19, including hospitalization and death,” said Peter Marks, director of the FDA’s center for biologics evaluation and research.
      The public can be assured that these updated vaccines have met the agency’s rigorous scientific standards for safety, effectiveness, and manufacturing quality. We very much encourage those who are eligible to consider getting vaccinated.
      There has been a late-summer uptick in Covid cases across the US.Experts are closely watching two new variants, EG.5, now the dominant strain, and BA.2.86, which has attracted attention from scientists because of its high number of mutations.Experts have said that the US is not facing a threat like it did in 2020 and 2021. “We’re in a different place,” Mandy Cohen, the head of the Centers for Disease Control and Prevention, told NBC News last month.
      I think we’re the most prepared that we’ve ever been.
      Updated Covid-19 vaccine shots made by Pfizer and Moderna are expected to be available in the coming days, according to Moderna. A third shot, by the vaccine maker Novavax, is still under review by the FDA, according to the company.Advisers from the US centers for disease and protection (CDC) are due to meet on Tuesday to recommend who should receive the shot. An endorsement by the CDC’s director should clear the way for millions of doses to be shipped nationwide within days.As part of the FDA’s update, the original Moderna and Pfizer/BioNTech Covid-19 vaccines are no longer authorized for use in the US.The US health regulator on Monday authorized updated Covid-19 vaccines that closely match the Omicron variants that are circulating, starting the process to deploy the shots this month, Reuters reports.The Food and Drug Administration authorized the shots, which target the XBB.1.5 subvariant, from manufacturers Pfizer and its German partner BioNTech SE, and US pharma company Moderna.More details to follow.A trial began Monday over a sweeping Texas voting law that sparked a 38-day walkout by Democrats in 2021 and were among the strictest changes passed by Republicans nationwide following former US president Donald Trump’s false claims of a stolen election, the Associated Press reports.The AP further notes:
      The lawsuit was brought by a coalition of voting rights groups after Republican governor Greg Abbott signed the changes into law. The trial in San Antonio federal court could last weeks and it is unclear when US district judge Xavier Rodriguez might rule. Potentially at stake are voting rules Texas will use for the 2024 elections, although any decision is likely to be appealed.
      The challenge, from the American Civil Liberties Union, (ACLU) the Mexican American Legal Defense Fund and others, has not stopped the measures from taking effect, including a ban on 24-hour polling places and drive-thru voting.
      Many changes targeted Harris county, which includes Houston and is where a slate of Republican candidates are challenging their defeats last year.
      During the hurried rollout of the law last year, more than 23,000 mail ballots in Texas were rejected during the March 2022 primary elections as voters struggled to navigate the new rules. By November’s general election, the rejection rate fell significantly, but was still higher than what experts consider normal.
      In August, Rodriguez separately struck down a requirement that mail voters provide the same identification number they used when they registered to vote.”
      Joe Biden is up in the air literally and House Speaker Kevin McCarthy’s future as House Speaker is likewise, but metaphorically. It’s been a busy day in Vietnam for the US president post-G20, but he’s now on his way back to the US and is due to address the public during a stopover in Alaska en route to Washington, DC.Here’s where things stand:
      Mark Meadows, the former Trump White House chief of staff, appealed a judge’s ruling last Friday denying his bid to transfer his Georgia 2020 election interference case from state to federal court.
      Jury deliberations for the impeachment trial of the Texas attorney general, Ken Paxton, could start late Thursday or Friday, according to the presiding officer Dan Patrick.
      Kevin McCarthy, Speaker of the House, reportedly doesn’t have the votes to move forward with an impeachment inquiry into Joe Biden being clamored for by the right wing of his House caucus.
      Ken Buck, a Colorado Republican congressman, said that there was a “perfect storm” brewing in the House over government spending and on impeachment of the president that could pose a threat to Kevin McCarthy’s speakership. More on this by Politico.
      Joe Biden will address the nation late on Monday afternoon on the 22nd anniversary of the terrorist attacks on the US on September 11, 2001. On Monday morning, US vice president Kamala Harris attended the annual memorial ceremony in New York at the spot where the al-Qaeda hijackers destroyed the twin towers of the World Trade Center.
      In the months before the supreme court handed down Citizens United, the 2010 ruling which unleashed a flood of dark money into American politics, the wife of a conservative justice worked with a prominent rightwing activist and a mega-donor closely linked to her husband to form a group to exploit the decision.So said a blockbuster report from Politico, detailing moves by Ginni Thomas – wife of Justice Clarence Thomas – and Leonard Leo, the Federalist Society chief who has worked to stock the court with rightwingers, leading to a series of epochal decisions, including the removal of the federal right to abortion.Half a million dollars in seed money, Politico said, came from Harlan Crow, the Nazi memorabilia-collecting billionaire whose extensive and mostly undeclared gifts to Clarence Thomas have fueled a spiraling supreme court ethics scandal.Sheldon Whitehouse, a Democratic senator from Rhode Island and champion of ethics reform, said the report laid out “the creepy intermingling of dark billionaire money, phoney front groups, far-right extremists and the United States supreme court”.Politico noted that the ruling in Citizens United was widely expected after justices “took the unusual step of asking for re-arguments based on a sweeping question – whether they should overrule prior decisions approving laws that limited spending on political campaigns”.Noting that conservative groups moved to capitalise faster than others, the site quoted an anonymous source as saying Ginni Thomas “really wanted to build an organisation and be a movement leader. Leonard was going to be the conduit of that.”The justice department has dropped its five-year-old criminal case against Bijan Rafiekian, a one-time business partner of the former national security adviser Michael Flynn who had been charged with illegally lobbying for Turkey during the 2016 US presidential election.Rafiekian, who also goes by the name Bijan Kian, was indicted in 2018 on charges including failing to register as a foreign agent. Prosecutors had accused Rafiekian of illegally lobbying to have the cleric Fethullah Gülen extradited from the US to Turkey.The move wraps up a long-running tangent of the Mueller-era Russia investigation that originally had been used as leverage to pressure Flynn, CNN reported. Prosecutors had planned on calling Flynn to testify against Rafiekian at his trial to solidify their evidence of a connection between Flynn’s lobbying group and the government of Turkey.In 2019, a jury convicted Rafiekian on charges of conspiracy and acting as a foreign agent. But the judge who presided over the trial later set aside the verdicts, citing insufficient evidence. The case then went into appeals, hanging in the criminal justice system for years.In a court filing on Monday, the justice department said it sought to dismiss the charges against Rafiekian. Prosecutors wrote:
      After carefully considering the Fourth Circuit’s recent decision in this case and the principles of federal prosecution, the United States believes it is not in the public interest to pursue the case against defendant Bijan Rafiekian further.
      After defending the integrity of US elections from an onslaught of threats over the last several years, secretaries of state across the US are now turning to a new high-stakes question: is Donald Trump eligible to run for president?Several secretaries are already working with attorneys general in their states and studying whether Trump is disqualified under a provision of the 14th amendment that bars anyone from holding public office if they have previously taken an oath to the United States and then “engaged in insurrection or rebellion against the same”.That language clearly disqualifies Trump from running in 2024, William Baude and Michael Stokes Paulsen, two prominent conservative scholars, concluded in a lengthy forthcoming law review article. They write in the article:
      If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution. All who are committed to the Constitution should take note and say so.
      A flurry of challenges to Trump’s candidacy are expected – one was filed in Colorado on Wednesday – but the legal issues at play are largely untested. Never before has the provision been used to try to disqualify a presidential candidate from office and the issue is likely to quickly come to a head as soon as officials make their official certifications about who can appear on primary ballots.Secretaries are studying who has the authority to remove Trump from the ballot and what process needs to occur before they do so. They also recognize that the issue is likely to be ultimately settled by the courts, including the US supreme court.Jocelyn Benson, a Democrat in her second term as Michigan’s secretary of state, said she had spoken with another secretary of state about the 14th amendment issue “nearly every day”.
      The north star for me is always: ‘What is the law? What does the constitution require?’ To keep politics and partisan considerations out of it. And simply just look at this from a sense of ‘what does the 14th amendment say?’ We’re in unprecedented, uncharted territory.
      Read my colleague Sam Levin’s full report. More

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      Protesters arrested for occupying Kevin McCarthy’s office over Aids funding

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      Several people were arrested after entering the office of Kevin McCarthy, the speaker of the House, during a protest for HIV/Aids funding on Monday.The US President’s Emergency Plan for Aids Relief (Pepfar), a widely bipartisan program, has since been reauthorized three times, and Joe Biden earlier this year indicated that he would work with Congress to extend it a fourth.But the program’s latest extension has been caught up in a partisan fight over abortion and is under threat amid Congress’s negotiations over a government shutdown. Some Republicans are opposing Pepfar’s reauthorization, arguing that current restrictions do not sufficiently prevent the funds from being used to support abortions, according to an August report by the Federation of American Scientists.“Any multi-year PEPFAR reauthorizing legislation must ensure that Biden’s hijacking of PEPFAR to promote abortion be halted,” wrote New Jersey Republican Representative Chris Smith, who chairs the House foreign affairs subcommittee, in a letter to colleagues in June.At McCarthy’s Washington DC office, Capitol police handcuffed six activists and escorted them away, according to Politico reporter Alice Ollstein, who shared videos from the scene at the Rayburn House office building, which is connected to the US Capitol.Demonstrators were seen sitting and chanting in McCarthy’s office, demanding the Republican leader reauthorize key provisions of Pepfar, which are set to expire at the end of the month unless an agreement is reached.The program was first established in 2003 by President George W Bush to prevent and treat HIV/Aids in developing countries worldwide, and it is overseen by the US Department of State.About 20 million people depend on the program globally, according to a White House statement in January.Smith was a co-sponsor of the 2018 bill extending Pepfar for five years but is now seeking to block its renewal after Biden in 2021 lifted Trump-era restrictions that barred Pepfar and other global programs receiving US funding from performing or promoting abortions.While Pepfar can continue operating without congressional reauthorization, advocates say a failure to do so would signal diminishing US support for HIV/Aids prevention.skip past newsletter promotionafter newsletter promotion“Pass Pepfar now, McCarthy,” protesters chanted in the speaker’s office on Monday morning.The demonstrators were members of NYC-based HIV/Aids nonprofits Health Gap (Global Access Project) and Housing Works, according to social media posts by the two advocacy groups.The House returns to Capitol Hill from its summer recess on Tuesday as it races to reach a deal to keep federal agencies and programs afloat through December. The Senate returned last week. More