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      U.S. Declines to Defend Trump Ally in Lawsuit Over Jan. 6 Riot

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      The move could mean that the Justice Department is also unlikely to defend former President Donald J. Trump in the case.WASHINGTON — The Justice Department declined on Tuesday to defend a congressional ally of former President Donald J. Trump in a lawsuit accusing them both of inciting supporters at a rally in the hours before the Jan. 6 storming of the Capitol.Law enforcement officials determined that Representative Mo Brooks, Republican of Alabama, was acting outside the scope of his duties in an incendiary speech just before the attack, according to a court filing. Mr. Brooks had asked the department to certify that he was acting as a government employee during the rally; had it agreed to defend him, he would have been dismissed from the lawsuit and the United States substituted as a defendant.“The record indicates that Brooks’s appearance at the Jan. 6 rally was campaign activity, and it is no part of the business of the United States to pick sides among candidates in federal elections,” the Justice Department wrote.“Members of Congress are subject to a host of restrictions that carefully distinguish between their official functions, on the one hand, and campaign functions, on the other.”The Justice Department’s decision shows it is likely to also decline to provide legal protection for Mr. Trump in the lawsuit. Legal experts have closely watched the case because the Biden Justice Department has continued to fight for granting immunity to Mr. Trump in a 2019 defamation lawsuit where he denied allegations that he raped the writer E. Jean Carroll and said she accused him to get attention.Such a substitution provides broad protections for government officials and is generally reserved for government employees sued over actions that stem from their work. In the Carroll case, the department cited other defamation lawsuits as precedent.The Brooks decision also ran counter to the Justice Department’s longstanding broad view of actions taken in the scope of a federal employee’s employment, which has served to make it harder to use the courts to hold government employees accountable for wrongdoing.Mr. Brooks did not immediately respond to a request for comment.Lawyers for the House also said on Tuesday that they declined to defend Mr. Brooks in the lawsuit. Given that it “does not challenge any institutional action of the House,” a House lawyer wrote in a court filing, “it is not appropriate for it to participate in the litigation.”The Justice Department and House filed their briefs on Tuesday, the deadline set by Judge Amit P. Mehta of the Federal District Court for the District of Columbia. The lawsuit, filed in March by Representative Eric Swalwell, Democrat of California, accuses Mr. Brooks of inciting a riot and conspiring to prevent a person from holding office or performing official duties.Mr. Swalwell accused Mr. Brooks, Mr. Trump, his son Donald Trump Jr. and his onetime personal lawyer Rudolph W. Giuliani of playing a key role in inciting the Jan 6. attack during a rally near the White House in the hours before the storming of the Capitol.Citing excerpts from their speeches, Mr. Swalwell accused the men of violating federal law by conspiring to prevent an elected official from holding office or from performing official duties, arguing that their speeches led Mr. Trump’s supporters to believe they were acting on orders to attack the Capitol.Mr. Swalwell alleged that their speeches encouraged Mr. Trump’s supporters to unlawfully force members of Congress from their chambers and destroy parts of the Capitol to keep lawmakers from performing their duties.During the rally, Mr. Brooks told attendees that the United States was “at risk unlike it has been in decades, and perhaps centuries.” He said that their ancestors “sacrificed their blood, their sweat, their tears, their fortunes and sometimes their lives” for the country.“Are you willing to do the same?” he asked the crowd. “Are you willing to do what it takes to fight for America?”Mr. Swalwell said defendants in his lawsuit had incited the mob and had continued to stoke false beliefs that the election was stolen.“As a direct and foreseeable consequence of the defendants’ false and incendiary allegations of fraud and theft, and in direct response to the defendants’ express calls for violence at the rally, a violent mob attacked the U.S. Capitol,” Mr. Swalwell said in his complaint. “Many participants in the attack have since revealed that they were acting on what they believed to be former President Trump’s orders in service of their country.”In June, Mr. Brooks asked that the Justice Department defend him in the case. He cited the Westfall Act, which essentially substitutes the Justice Department as the defendant when federal employees are sued for actions deemed within the scope of their employment, according to a court document.He described his speech on Jan. 6 as part of his job, saying that his duties include delivering speeches, making pronouncements on policy and persuading lawmakers.The Justice Department rejected that assertion.“Inciting or conspiring to foment a violent attack on the United States Congress is not within the scope of employment of a representative — or any federal employee — and thus is not the sort of conduct for which the United States is properly substituted as a defendant under the Westfall Act,” the department wrote. “Brooks does not argue otherwise. Instead, he denies the complaint’s allegations that he conspired to incite the attack on the Capitol.”Mr. Trump has not sought to have the government substitute for him as a defendant in the lawsuit under the Westfall Act. But he has argued in court filings that the statements he made on Jan. 6 are covered by broad immunity, that he could not be sued for making them and that the lawsuit violated his free speech rights.Should a judge deny Mr. Trump’s claims, he could ask the Justice Department to intervene on his behalf. But its decision in Mr. Brooks’s case lowered the chances that it would comply. More

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      E.U. Parliament Strips Carles Puigdemont of Immunity

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyCatalan Separatist Leader Loses Immunity, Clearing Way for Spain’s Extradition BidCarles Puigdemont has been charged with sedition for leading a 2017 independence bid. His European Parliament membership had shielded him from prosecution.A television showing Carles Puigdemont at the European Parliament in Brussels on Tuesday.Credit…Francisco Seco/Associated PressRaphael Minder and March 9, 2021Updated 8:33 a.m. ETMADRID — The European Parliament has stripped the immunity of Carles Puigdemont, the former separatist leader of Catalonia, clearing the way for Spain to make a fresh attempt to extradite him from Belgium and try him on sedition charges.The European Parliament said on Tuesday that a majority of its members had voted a day earlier in a secret ballot to remove the immunity of Mr. Puigdemont and two other Catalan members of the assembly who face charges in Spain related to a botched attempt to declare Catalonia’s independence in 2017. Spain’s judiciary has charged that their bid was unconstitutional.The vote on Monday ended a lengthy battle by Mr. Puigdemont and his colleagues to use their protection as elected members of the European assembly to shield them from prosecution in Spain. Now it is up to the Belgian judiciary to rule on whether Mr. Puigdemont should be sent back to the Spanish capital, Madrid, to stand trial.“It is a sad day for the European Parliament,” Mr. Puigdemont said. “We have lost our immunity, but the European Parliament has lost more than that and as a result, European democracy too,” he said, adding that this was “a clear case of political prosecution.”The Spanish government welcomed the vote.“The problems of Catalonia will not be solved in Europe or by Europe. They have to be solved in Spain by bringing all Catalan forces around the table,” said the foreign minister, Arancha González Laya. The vote showed that the European Parliament had “respect for the work of the judiciary in our country,” she added.The European Parliament’s decision comes only weeks after regional elections in Catalonia that increased the majority of pro-independence parties in the regional Parliament. Separatist politicians have held control since 2015, but the secessionist conflict has split Catalan society while also remaining a highly contentious issue in national politics.A polling station in Barcelona last month. Regional elections increased the majority of pro-independence parties in the Catalonian Parliament.Credit…Emilio Morenatti/Associated PressMr. Puigdemont and some of his colleagues have been in Brussels since October 2017, shortly after the Spanish central government ousted his regional government for holding a referendum that Spanish courts had ruled illegal and then declaring Catalonia’s independence.During the past three years, Mr. Puigdemont has successfully fought off attempts to extradite him both from Belgium and Germany, where he was briefly detained during a trip.In January, judges in Belgium also rejected a request to extradite another former member of Catalonia’s regional government, Lluis Puig, who is facing similar charges in Spain. The Belgian court argued that the Spanish Supreme Court did not have the legal authority to issue an arrest warrant against Mr. Puig, adding that he should be tried in a regional court.Part of Mr. Puigdemont’s former government, however, stayed in Spain and stood trial before the country’s Supreme Court. Nine Catalans received prison sentences after they were convicted of crimes including sedition and misuse of public funds.One former Catalan leader, Oriol Junqueras, was also barred by Spain’s highest court from taking his seat in the European Parliament. Both he and Mr. Puigdemont were elected to the assembly in 2019.The European Parliament’s vote will allow a Spanish judge to reactivate a European arrest warrant against Mr. Puigdemont that was suspended in early 2020, when Mr. Puigdemont and his colleagues took their seats in the European assembly.The Catalan leaders are not the first members of the European Parliament to be stripped of immunity.In 2019, the European Parliament stripped the immunity of Jean-Marie Le Pen, the founder of the far-right National Front party in France. It is still reviewing the case of Ioannis Lagos, who was sentenced in Greece last year for his activities with the far-right Golden Dawn party. The Greek government considers Golden Dawn a criminal organization.The Catalan case has divided politicians in Brussels, many of them loathe to set a precedent of lawmakers being tried over political activity. The removal of Mr. Puigdemont’s immunity was approved by three-fifths of the members of the European Parliament.It could take months for Belgian courts to rule on Spain’s latest attempt to extradite Mr. Puigdemont and the two other Catalan leaders, Antoni Comín and Clara Ponsatí.The Brussels Public Prosecutor’s Office is examining the possibility of renewing legal proceedings in Belgium, a spokeswoman for the office said.Should the Belgian courts block the extradition request, the Catalans would continue to sit in the European Parliament, but without special immunity rights.AdvertisementContinue reading the main story More

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      Israeli Government Collapses, Forcing 4th Election in 2 Years

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyIsraeli Government Collapses, Forcing 4th Election in 2 YearsA protracted political crisis revolving around Prime Minister Benjamin Netanyahu’s legal troubles brings down the coalition government.Prime Minister Benjamin Netanyahu said, “I’m not afraid of elections. We’re ready for them. We’ll win.”Credit…Pool photo by Ronen ZvulunDec. 22, 2020Updated 5:09 p.m. ETJERUSALEM — Israel’s government collapsed Tuesday, pushing the country into yet another early election — the fourth in two years.The Israeli Parliament dissolved itself at midnight on Tuesday. The move forced a new election after weeks of infighting and paralysis in the so-called unity government, an uneasy coalition sworn in just seven months ago that paired Prime Minister Benjamin Netanyahu’s conservative Likud party with his main rival-turned-partner, Benny Gantz of the centrist Blue and White party.Mr. Netanyahu and Mr. Gantz blamed each other for the crisis.“I think at the current time, we should have united forces to find a way to avert these needless elections,” Mr. Netanyahu said in Parliament early Tuesday as he tried, and failed, to seek a delay in its dissolution.A new election must take place in three months and is scheduled for March 23. But an election date in the late spring or summer, once the coronavirus vaccination campaign is well underway, might have been more advantageous for Mr. Netanyahu.Parliament automatically dispersed at midnight after failing to meet the legal deadline for approving a budget for 2020. Mr. Netanyahu, whose party holds the finance portfolio, had refused to present a budget, in violation of his coalition agreement with Mr. Gantz — the ostensible reason for the government breakdown.But at the heart of the crisis lies a deep, mutual distrust between the two men and a country fundamentally split over the fate of Mr. Netanyahu, whose corruption trial is scheduled to move into an intensive, evidentiary stage in early 2021, requiring his regular presence in court. He has been charged with bribery, fraud and breach of trust. He denies any wrongdoing.Benny Gantz, left, and Mr. Netanyahu have blamed each other for the crisis that has brought their government to the point of collapse.Credit…Pool photo by Tal ShaharAnalysts said that Mr. Netanyahu was gambling on another election in the hope of forming a right-wing, religious government that would grant him some kind of immunity from prosecution.“It’s not the budget, stupid,” said Reuven Hazan, a professor of political science at the Hebrew University of Jerusalem. Mr. Netanyahu “needs a government that will pass legislation either to delay his case for the foreseeable future or cancel it altogether,” he added.But failing to present a budget and forcing the dispersal of Parliament provides him with an escape hatch from the coalition agreement stipulating that Mr. Gantz should take over as prime minister 11 months from now. From the inception of the unity government, few people, including Mr. Gantz, expected Mr. Netanyahu to honor that agreement.Mr. Gantz’s party, for its part, refused to back any compromise with Mr. Netanyahu over the authority for making key appointments, including for the posts of attorney general and state attorney. A compromise would have violated Blue and White’s flagship policy of upholding the rule of law but would have kept the government on life support.Mr. Netanyahu, Israel’s longest-serving prime minister, who is renowned for his political savvy, quickly pivoted into campaign mode.“The majority of the citizens of Israel see our leadership and our tremendous achievements,” he said in a televised address on Tuesday evening. “We are bringing in millions of vaccinations, delivering historic peace agreements, curbing the Iranian threat and turning Israel into one of the world’s leading economies.”Mr. Gantz said his party had entered Mr. Netanyahu’s government, despite paying a high political price, “to serve the best interests of the country, given the needs and scale of the moment.”“Unfortunately,” he added, “we found no partner on the other end.”A demonstrator was detained in Jerusalem this month during a protest against Mr. Netanyahu and his handling of the coronavirus crisis.Credit…Amir Cohen/ReutersThe current government will remain in place in a caretaker capacity until after the election and the formation of a new government, a process that could take many months.Both Mr. Netanyahu and Mr. Gantz are taking a considerable political risk by going back to the polls.The unity government was formed as a last resort after three inconclusive elections ended without any one candidate being able to muster a parliamentary majority. While Mr. Netanyahu and his Likud party were far ahead in the polls a few weeks ago, a new conservative challenger, Gideon Saar, has shaken things up.Mr. Saar, who lost to Mr. Netanyahu in a Likud leadership race a year ago, recently defected from the party and set up a rival one called New Hope. Drawing support from disenchanted voters from both the right and the political center, Mr. Saar’s move has muddied any clear path back to power for Mr. Netanyahu, according to recent opinion polls, meaning that Israel’s political morass may persist even beyond a new election.Mr. Gantz’s Blue and White party had already lost the bulk of its popular support after it broke its campaign promise and entered into government with a prime minister under indictment. Critics say that Mr. Gantz, a former army chief, is a weak and indecisive party leader and that his two-year political career is all but over.“I think he needs to get up and go,” Professor Hazan, the political science expert, said.Damning him further, Mr. Netanyahu said that he had actually reached a compromise with Mr. Gantz on Monday on the issue of appointments and authorities, but that rebels within the Blue and White party, including the justice minister, Avi Nissenkorn, had blocked Mr. Gantz from making the deal.Miki Zohar, a Likud official, said Blue and White was committing “political suicide.”AdvertisementContinue reading the main story More