More stories

  • in

    January 6 panel mulls criminal referrals as Trump sees setback in Mar-a-Lago case – live

    The January 6 House panel investigating the Capitol attack, and Donald Trump’s insurrection, is set to meet in private on Friday as it prepares to mull criminal charges against the former president.The “walls closing in on Trump” headline has been written often, but this time with an elevated degree of peril for a man who recently announced his third run at the White House as a Republican.A subcommittee formed in October to make recommendations will present its report to the full panel today, according to NPR, and a determination on recommending any particular action will follow in short order.“We’ll just accept the report, and probably one day next week, make a decision one way or another,” Mississippi Democratic Bennie Thompson, the committee’s chair, told the network.The committee is expected to release its final report around the middle of this month, and it is expected to focus heavily on Trump’s involvement in the Capitol attack and his potential culpability.The Guardian reported last week that it has provoked something of a rift between panel members, with some believing it concentrates too much on Trump himself, and not enough of alleged intelligence failures by the FBI that resulted in the Capitol being overrun by supporters he incited.New: Jan. 6 committee chair Bennie Thompson tells me the full committee will receive the subcommittee’s recommendations tomorrow at 8:30a but likely wont make a decision on referrals and what to do about subpoenaed GOP members until next week.— Hugo Lowell (@hugolowell) December 1, 2022
    Members of the subcommittee, which is chaired by Democrat Jamie Raskin, and includes Republican Liz Cheney alongside other Democrats Adam Schiff and Zoe Lofgren, all have a legal background, or, in Schiff’s case, prosecutorial experience.As well as making recommendations on criminal charges, the subcommittee was also tasked with resolving how to respond to Trump’s lawsuit against his subpoena.Read more:January 6 report expected to focus on Trump’s role and potential culpabilityRead moreLate on Thursday, a federal appeals court delivered a major blow to Donald Trump by knocking down the appointment of a special master to look at documents seized by the FBI from the former president’s Florida resort.The court also sternly rebuked Aileen Cannon, the Trump-appointed judge who assigned the special master, for meddling in a justice department investigation. Here’s my colleague Hugo Lowell’s report:A federal appeals court on Thursday terminated the special master review of documents seized from Donald Trump at his Mar-a-Lago property, paving the way for the justice department to regain access to the entirety of the materials for use in the criminal investigation surrounding the former president.The decision by the US court of appeals for the 11th circuit marked a decisive defeat for Trump in a ruling that said a lower-court judge should never have granted his request for an independent arbiter in the first place and is unlikely to be overturned in the event of appeal.“The law is clear,” the appeals court wrote in an unanimous 23-page opinion. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”The ruling removed the lower-court judge’s order, allowing federal prosecutors to use the unclassified documents – in addition to the documents marked classified they previously regained in an earlier appeal – in the criminal investigation examining Trump’s mishandling of national security materials.Trump can only appeal to the US supreme court, according to local rules in the 11th circuit, though it was not immediately clear whether he would do so. The former president has lost multiple cases before the supreme court, most recently including whether Congress can get access to his tax returns.In a statement, a Trump spokesman said: “The decision does not address the merits that clearly demonstrate the impropriety of the unprecedented, illegal and unwarranted raid on Mar-a-Lago. President Donald J Trump will continue to fight against the weaponized Department of ‘Justice.’”Read the full story:US court strikes down appointment of special master to review Trump recordsRead moreWhile we’re looking at the machinations of the January 6 House committee, we’re certainly not the only ones. Republicans, already committed to shutting down the panel when they assume control of the House next month (assuming it hasn’t done so itself by then) appear dead set on investigating the investigators.MSNBC’s MaddowBlog, from the Rachel Maddow show, takes a closer look at would-be Speaker Kevin McCarthy’s role in the plan, in an article published Friday.The House minority leader, if he wins enough party support to get the gavel of course, appears eager not to find answers about the 6 January Capitol attacks, or Donald Trump’s desperate efforts to retain the presidency despite his defeat by Joe Biden.Instead, he wants to cast shade on the integrity of the bipartisan panel. In a letter last week, reported by the New York Times, he wrote to the committee chair Bennie Thompson, ordering him to preserve all documents, including transcripts of more than 1,000 interviews. It’s being seen purely as a political display, as it’s something the panel would have to do anyway.This from a man who resolutely refused to cooperate with the panel last year when he received a subpoena.According to MSNBC, the tactics of McCarthy and the Republicans are “intended to discredit probes they consider politically inconvenient”. You can read the MSNBC report here.The January 6 House panel investigating the Capitol attack, and Donald Trump’s insurrection, is set to meet in private on Friday as it prepares to mull criminal charges against the former president.The “walls closing in on Trump” headline has been written often, but this time with an elevated degree of peril for a man who recently announced his third run at the White House as a Republican.A subcommittee formed in October to make recommendations will present its report to the full panel today, according to NPR, and a determination on recommending any particular action will follow in short order.“We’ll just accept the report, and probably one day next week, make a decision one way or another,” Mississippi Democratic Bennie Thompson, the committee’s chair, told the network.The committee is expected to release its final report around the middle of this month, and it is expected to focus heavily on Trump’s involvement in the Capitol attack and his potential culpability.The Guardian reported last week that it has provoked something of a rift between panel members, with some believing it concentrates too much on Trump himself, and not enough of alleged intelligence failures by the FBI that resulted in the Capitol being overrun by supporters he incited.New: Jan. 6 committee chair Bennie Thompson tells me the full committee will receive the subcommittee’s recommendations tomorrow at 8:30a but likely wont make a decision on referrals and what to do about subpoenaed GOP members until next week.— Hugo Lowell (@hugolowell) December 1, 2022
    Members of the subcommittee, which is chaired by Democrat Jamie Raskin, and includes Republican Liz Cheney alongside other Democrats Adam Schiff and Zoe Lofgren, all have a legal background, or, in Schiff’s case, prosecutorial experience.As well as making recommendations on criminal charges, the subcommittee was also tasked with resolving how to respond to Trump’s lawsuit against his subpoena.Read more:January 6 report expected to focus on Trump’s role and potential culpabilityRead moreThe White House has announced that Joe Biden will deliver live remarks at 10.15am as he signs legislation averting a national rail strike.The Senate voted 80-15 on Thursday to progress an imposed settlement on rail workers, one day after the House did the same.Biden, who became known as Amtrak Joe for his days riding the railroad to and from the Capitol when he was a senator, is likely to praise the speed at which Congress moved to avoid the planned 9 December shutdown. Biden’s pushing of the settlement, however, is not without controversy. Read more here:Biden just knifed labor unions in the back. They shouldn’t forget it | Hamilton NolanRead moreGood morning politics blog readers, and happy Friday. It’s a big day for the January 6 House committee investigating Donald Trump’s insurrection as it meets to mull potential criminal referrals for the former president, and those in his inner circle.The bipartisan panel’s closed-doors meeting follows a massive setback late on Thursday for Trump’s tactics of obstructing a parallel justice department inquiry into his improper handling of classified documents at his Florida resort. A federal appeals court struck down the assignment of an independent special master reviewing the documents, and delivered a direct rebuke for the Trump-appointed judge who engaged him.We’ll have plenty more about those developments coming up.Here’s what else we’re watching Friday on what promises to be a busy day:
    Joe Biden has picked up an unexpected fan in the form of Republican firebrand Newt Gingrich, the former Speaker who says the president is getting things right and enjoyed one of the best first-term midterm elections in history.
    Biden will meet the Prince and Princess of Wales later today at the John F Kennedy presidential library in Boston.
    White House press secretary Karine Jean-Pierre will brief reporters at lunchtime aboard Air Force One en route to Boston.
    It’s the last day of early voting ahead of next Tuesday’s crucial Senate run-off in Gerogia. Latest polls give Democratic incumbent Raphael Warnock a 3-4% lead over Republican challenger Herschel Walker. More

  • in

    January 6 report expected to focus on Trump’s role and potential culpability

    January 6 report expected to focus on Trump’s role and potential culpabilityFinal report by House select committee is scheduled for release in December – but fixation on Trump has opened a rift on the panel The House January 6 select committee’s final report into its investigation is expected to focus heavily on Donald Trump’s involvement in the Capitol attack and his potential culpability, opening a rift on the panel weeks before its scheduled release in the middle of December.Justice department asks Pence to testify in Trump investigationRead moreThe nature of the final report – alongside criminal referrals to the justice department – is expected to be the defining legacy of the investigation that brought into sharp relief Trump’s efforts to stop the congressional certification of Joe Biden’s election win and return to the White House for a second term.As the final report is currently drafted, an overwhelming focus is on the findings of the “gold team” that has been examining Trump and White House advisers’ roles in orchestrating a multi-part strategy to overturn the 2020 election, according to multiple sources familiar with the matter.The move to home in on Trump, principally driven by the select committee’s vice-chair, Republican congresswoman Liz Cheney, was in part because the actions of the former president – which a federal judge has said probably violated several criminal statutes – were particularly compelling, multiple sources said.But that fixation on Trump has exposed in recent weeks a deepening rift on the panel, with the since-departed lawyers on the other teams, including the “blue team” examining issues like intelligence failures by the FBI, angered that their findings were set to be relegated to appendices.The simmering discontent from some of the current and former staff has since reached the panel’s members, and an NBC News story earlier this month has since prompted discussions about changing some of the eight chapters in the final report, though they were already broadly complete.‘Trump should be held accountable’: Guardian readers on the Capitol attack hearingsRead moreThe members, one of the sources said, have discussed inserting some of the findings of the non-gold team investigators in the January 6 narrative. But the members have been reluctant to highlight conduct by Trump’s allies that might have been unsavory but probably not criminal.The final report is still scheduled to be released in the middle of December, and after the Senate runoff election in Georgia, where the Trump-backed candidate Herschel Walker trailed the Democratic incumbent Raphael Warnock in the general election in a disappointing midterms for the GOP.At the same time, the select committee is weighing what potential criminal and civil referrals to the justice department might involve; the panel was scheduled on Tuesday to receive a briefing from a special subcommittee led by congressman Jamie Raskin examining the matter.The subcommittee, which also involves Cheney, Adam Schiff and Zoe Lofgren – members with a legal background, or, in the case of Schiff, prosecutorial experience – has also been tasked with resolving other outstanding issues including how to respond to Trump’s lawsuit against his subpoena.A spokesman for the panel could not immediately be reached for comment.The question of whether and what referrals to make to the justice department has hovered over the investigation for months since the select committee’s lawyers came to believe that Trump was involved in a criminal conspiracy to defraud the United States and obstruct Congress over January 6.‘Devoid of shame’: January 6 cop Michael Fanone on Trump’s Republican partyRead moreThe select committee won a substantial victory in March when the US district court judge David Carter ruled that Trump “likely” committed multiple felonies in his efforts to overturn the results of the 2020 election and stop the congressional certification of Joe Biden’s election win.But some members on the panel in recent months have questioned the need for referrals to the justice department, which has ramped up its investigation into the Capitol attack and issued subpoenas to Trump’s allies demanding appearances before at least two grand juries in Washington.The attorney general, Merrick Garland, last week appointed Jack Smith to serve as special counsel overseeing the probe into whether Trump mishandled national security materials and obstructed justice, as well as key elements of the criminal inquiry into the Capitol attack.And even before the appointment of Smith as special counsel, the department asked former vice-president Mike Pence whether he might voluntarily testify to a grand jury hearing evidence about efforts to stop the certification on January 6, the New York Times earlier reported.TopicsUS Capitol attackDonald TrumpJanuary 6 hearingsUS politicsLiz CheneynewsReuse this content More

  • in

    Pence says FBI search of Trump’s Mar-a-Lago ‘sent the wrong message’

    Pence says FBI search of Trump’s Mar-a-Lago ‘sent the wrong message’Ex-vice-president hopes prosecutors ‘give careful consideration before taking more steps’ in investigating Trump over January 6 Though he believes “no one is above the law,” former US vice-president Mike Pence says he hopes federal prosecutors “give careful consideration before they take any additional steps” in investigating Donald Trump’s role in inciting the rioters who staged the January 6 Capitol attack and tried to hang him.Pence made those remarks Sunday in an interview with the host of NBC’s Meet the Press, Chuck Todd, in which he also said that the FBI “sent the wrong message” with its search of Trump’s Mar-a-Lago residence in August to retake government secrets that were stored there without authorization.According to Pence, Trump was “repeating … what he was hearing from that gaggle of attorneys around him” before the deadly January 6 attack on the Capitol nearly two years ago, which supporters of the president at the time launched in a desperate but unsuccessful attempt to halt the certification of his defeat to Joe Biden in the 2020 election.Trump has been under congressional investigation after telling his supporters – some of whom wanted Pence to stop the certification or hang from a gallows – to “fight like hell” that day, among other things. Biden’s attorney general, Merrick Garland, on Friday appointed a special counsel to weigh charges against Trump for the Capitol attack and the government secrets at Mar-a-Lago, two days after the former president announced that he would again seek the Republican nomination for the White House.But, when asked on Sunday if he thinks Trump committed a crime in connection with the Capitol attack, Pence replied: “I don’t know if it is criminal to listen to bad advice from lawyers” who were consulting the president on efforts to sow distrust about his loss to Biden.As for the Mar-a-Lago search, Pence suggested that federal authorities had not exhausted alternative methods to recoup the secret documents in question. “There had to be many other ways to resolve those issues,” Pence told Todd.The justice department had issued a grand jury subpoena seeking all documents bearing classification markings in Trump’s possession before the Mar-a-Lago search.Trump’s lawyers produced some documents in early June in response to that subpoena. But the justice department subsequently received evidence that other classified documents remained at Mar-a-Lago, leading to the search there on 8 August.Ultimately, Pence said it sent a “wrong” and “divisive” message, particularly “to the wider world that looks to America as the gold standard”.“I want to see the credibility of the [US] justice department restored after years of politicization,” Pence added.Pence’s relatively supportive remarks for Trump cut a contrast with more critical ones that he had leveled against his former running mate in his new memoir, So Help Me God. One part of the memoir says Trump erred by failing to condemn the 2017 white supremacist rally in Charlottesville, Virginia, marked by a deadly police helicopter crash and the murder of a counter-protester.The book also asserts that Trump misstepped by failing to acknowledge Russian meddling in the 2016 election he won over Hillary Clinton, saying that doing so would not have cheapened the victory.Pence also responded to Trump’s latest run for the White House by telling ABC News: “I think we’ll have better choices in the future.” For his part, Pence told ABC he was giving “prayerful consideration” to his possibly competing for the Republican nomination, too.Authorities have linked up to nine deaths to the Capitol attack, including the suicides of officers who were traumatized by having to defend the grounds. More than 800 participants have been charged, including members of violent far-right groups, and many have already been convicted as well as imprisoned for their roles on that day.Pence said on Sunday he was proud that neither chamber of Congress let the Capitol attack derail the certification of the 2020 election’s outcome.“Leaders in both political parties” reached “unanimous agreement that whatever needed to be done, we needed to reconvene the Congress that day and finish our work”, Pence said.TopicsMike PenceUS politicsJanuary 6 hearingsUS Capitol attackUS elections 2024newsReuse this content More

  • in

    US attorney general appoints special counsel in Trump DoJ investigations – live

    Merrick Garland said his appointment of a special prosecutor was necessary because of Donald Trump’s return to the campaign trail, as well as Joe Biden’s plans to seek a second term in the White House. “The department of justice has long recognized that in certain extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution,” Garland said in the just-concluded press conference.“Based on recent developments, including the former president’s announcement that he is a candidate for president in the next election and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel.”Gabrielle Canon here, taking over from the west coast to bring you the latest this afternoon. Trump-supporting Republicans have been quick to criticize the newly announced special counsel, with figures like Ted Cruz and Marjorie Taylor Greene sounding off against the ongoing investigation in an attempt to paint the move as a politically motivated.IMPEACH MERRICK GARLAND!— Rep. Marjorie Taylor Greene🇺🇸 (@RepMTG) November 18, 2022
    “Joe Biden has completely weaponized the Department of Justice to attack his political opponents,” Cruz said on Twitter, trying to make a connection between the timing of Trump’s presidential campaign launch and Garland’s announcement. But Trump’s renewed attempt to regain the presidency could add complications to hold him to account. As Chris McGreal highlights:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}But then there is the politics of a prosecution against a presidential candidate who has already dismissed the investigations of his attempts to overturn the 2020 election, the hoarding of top secret documents, and allegedly fraudulent business practices, as “politically motivated” and a Democratic “witch-hunt”.Could Trump’s 2024 campaign keep his legal troubles at bay?Read moreRepublican party chairwoman Ronna McDaniel has offered her thoughts on the appointment of Jack Smith as special counsel handling the investigations into Donald Trump:We’ve seen this time and again: Biden weaponizes his administration to target his political opponents. Whether it’s the former president, pro-life organizations, tagging parents as domestic terrorists, or creating the “ministry of truth,” Biden is out of line and out of control.— Ronna McDaniel (@GOPChairwoman) November 18, 2022
    CBS News reports that the White House said it had no advance warning of attorney general Merrick Garland’s announcement today of Smith’s appointment. Joe Biden has previously said the justice department has not consulted with him during its investigation into government secrets found at Trump’s Mar-a-Lago resort:WATCH from our Special Report: White House officials tell @cbsnews they had no heads up from the Justice Department about the attorney general’s decision to appoint a special counsel to handle investigations regarding Donald Trump. pic.twitter.com/lNykYAaodY— Ed O’Keefe (@edokeefe) November 18, 2022
    In an interview with Fox News, Donald Trump slammed the appointment of special prosecutor Jack Smith to weigh charging him over the government secrets found at Mar-a-Lago and the January 6 insurrection.“I have been going through this for six years – for six years I have been going through this, and I am not going to go through it anymore,” Trump told the network. “And I hope the Republicans have the courage to fight this.”“I have been proven innocent for six years on everything – from fake impeachments to Mueller who found no collusion, and now I have to do it more?” he continued, adding, “It is not acceptable. It is so unfair. It is so political.”The former president tied attorney general Merrick Garland’s appointment of a special prosecutor to his own announcement this week of another run for the White House.“I announce and then they appoint a special prosecutor,” Trump said. “They found nothing, and now they take some guy who hates Trump. This is a disgrace and only happening because I am leading in every poll in both parties … I am not going to partake in this.”Garland acknowledged that Trump’s run along with Joe Biden’s plans to seek a second term were both factors in his appointment of a special prosecutor, arguing it was the appropriate way to handle the question of whether to seek charges against the former leader after he returned to the campaign trail.“The department of justice has long recognized that in certain extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution,” Garland said in his press conference earlier today.“Based on recent developments, including the former president’s announcement that he is a candidate for president in the next election and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel.”Texas’s Republican senator John Cornyn has reacted to the appointment of a special counsel to handle the Trump investigations by asking the justice department to do the same for Hunter Biden:This is an admission of a conflict of interest by DOJ; now acknowledge the obvious conflict of interest in Hunter Biden investigation and appoint a special counsel. #nodoublestandard https://t.co/bmypUxWcTk— Senator John Cornyn (@JohnCornyn) November 18, 2022
    The US attorney in Delaware is said to be weighing whether to bring federal charges against the president’s son, whose business dealings have been a target of scrutiny from GOP politicians and federal investigators for years.Andrew Weissmann was a seasoned justice department prosecutor whose last job was as a manager on special counsel Robert Mueller’s team investigating Russian meddling in the 2016 election.Here’s what he had to say about Jack Smith:Jack Smith, the new Special Counsel, is a very aggressive prosecutor who represents the best of the Department, who will bring cases if warranted be fact sand the law.— Andrew Weissmann 🌻 (@AWeissmann_) November 18, 2022
    Special counsel Jack Smith has released a statement after being appointed to the role in which he will determine whether to charge Donald Trump and his allies over the January 6 insurrection and government secrets found at Mar-a-Lago.“I intend to conduct the assigned investigations, and any prosecutions that may result from them, independently and in the best traditions of the department of justice. The pace of the investigations will not pause or flag under my watch,” Smith wrote. “I will exercise independent judgment and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”So who’s Jack Smith? As described by Merrick Garland, Smith is a veteran justice department prosecutor who from 2010 to 2015 was head of its public integrity section, responsible for handling corruption cases. He then served as a US attorney in Tennessee during the final years of Democrat Barack Obama’s administration.Lately, he’s been working in international law. He’s currently in The Hague as the specialist prosecutor at the Kosovo Specialist Chambers and Specialist Prosecutor’s Office, which is handling trials of war crimes suspects from the eastern European country. He also worked as an investigator for the international criminal court from 2008 to 2010.“I strongly believe that the normal processes of this department can handle all investigations with integrity. And I also believe that appointing a special counsel at this time is the right thing to do,” Garland said. “The extraordinary circumstances presented here demand it. Mr. Smith is the right choice to complete these matters in an even handed and urgent manner.”Merrick Garland said his appointment of a special prosecutor was necessary because of Donald Trump’s return to the campaign trail, as well as Joe Biden’s plans to seek a second term in the White House. “The department of justice has long recognized that in certain extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution,” Garland said in the just-concluded press conference.“Based on recent developments, including the former president’s announcement that he is a candidate for president in the next election and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel.”Attorney general Merrick Garland has named veteran prosector Jack Smith as the special counsel to decide whether to bring charges against Donald Trump. Attorney general Merrick Garland has started his press conference by announcing a special prosecutor will be appointed to handle two inquiries.The first is “the investigation into whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election, or the certification of the Electoral College vote held on or about January 6 2021.”The second is “the ongoing investigation involving classified documents and other presidential records, as well as the possible obstruction of that investigation, referenced and described in court filings… in the Southern District of Florida.” That is likely the inquiry into government secrets found at Donald Trump’s Mar-a-Lago resort.As we wait for what is looking to be a consequential announcement from attorney general Merrick Garland, a winner appears to have emerged from one of the last uncalled House races.The Pueblo Chieftain reports that Democrat Adam Frisch has conceded to Republican incumbent Lauren Boebert after a surprisingly close race:Adam Frisch just said that he’s called Lauren Boebert to concede the race in CO-03. He said an automatic recount will likely happen under state law but encouraged supporters to save fundraising $$ for gas, groceries and other causes.— Anna Lynn Winfrey (@annalynnfrey) November 18, 2022
    Boebert is among a group of conservative lawmakers known for their extreme rhetoric, but nearly lost to Frisch even though her district normally votes for Republicans. The House representative has in the past made Islamophobic comments and condemned the separation of church and state.Attorney general Merrick Garland plans to hold a press conference at 2.15pm eastern time, following reports that he will name a special prosecutor to decide whether to bring charges against Donald Trump and his allies.Beyond just the investigation into government secrets Trump allegedly retained at his Mar-a-Lago resort, Politico reports that the special counsel will also look into Trump’s attempts to undermine the 2020 election. The justice department has not yet announced who they will be appointed to job.This blog will cover Garland’s address as it happens.The plan for a special counsel appears to be linked to allegations of the unlawful retention of national defense information at Donald Trump’s Mar-a-Lago resort and residence in Florida, according to the Reuters news agency, which cites an unnamed senior Department of Justice official.The agency says a senior DoJ official has named a special prosecutor to investigate the entirety of the department’s criminal investigation into that potential offense.Meanwhile, CNN reports that the special counsel will also review the parallel DoJ investigation into Trump’s involvement around the insurrection on January 6, 2021, when extremist supporters of the-then president invaded the US Capitol in an attempt to prevent the certification of Joe Biden’s victory in the 2020 presidential election by congress.We will bring you more developments as they happen.US attorney general Merrick Garland plans to name a special counsel to examine whether former president Donald Trump should be prosecuted as a result of investigations carried out by the Department if Justice (DoJ), the Wall Street Journal reports, citing an unnamed source “familiar with the matter”.The Journal reports:“A formal announcement, which is expected by Friday afternoon, would come three days after Mr. Trump announced another bid for the presidency and would mark the naming of the third independent prosecutor in five years to examine issues involving Mr. Trump. The exact scope of the special counsel’s remit and who it would be couldn’t be determined.”More details to come…A judge refused today to quash a subpoena issued to former White House press secretary Jen Psaki that seeks her deposition in a lawsuit filed by Missouri and Louisiana, alleging that the Biden administration conspired to silence conservative voices on social media, the Associated Press reports.Psaki filed a motion in federal court in Alexandria seeking to quash the subpoena, saying that she had no relevant information to provide and that a deposition would place an undue burden on her. The Justice Department supported her efforts to quash.US magistrate Ivan Davis said during a hearing today that he was unimpressed with Psaki’s arguments. But he did not reject her request outright. Instead, he transferred the case back to Louisiana, where the lawsuit was filed.Psaki was allowed to file a separate opposition in Virginia because she lives in the state and would be deposed there.Davis, though, said it makes no sense for him to wade into the questions of whether Psaki’s testimony is relevant when the judge in Louisiana is more familiar with the case.He also said Psaki failed to show how sitting for a deposition in her home state would be an undue burden. In fact, he said that if Psaki has little information to contribute, as she alleges, it shouldn’t be much of a burden at all.Justice Department lawyer Indraneel Sur indicated he would appeal Davis’ ruling to a district judge in Alexandria and asked the judge to stay his ruling to provide time to do so, but Davis declined.The lawsuit filed by the attorney general in Missouri and Alexandria accuses Joe Biden, former federal health official Anthony Fauci and others of conspiring with social media companies to restrict free speech by censoring conservative opinions about the Covid-19 response and other issues.Readers will have noticed that politicians, and indeed journalists and people, are still tweeting. But for how much longer?What should Twitter do next?— Elon Musk (@elonmusk) November 18, 2022
    Here’s the Guardian’s Kari Paul:Amid ongoing fallout from Elon Musk’s takeover of Twitter, speculation of the platform’s imminent collapse is swirling – leaving users wondering what parts of their online selves they’ll get to keep.After Musk laid off thousands of workers, many users have reported signs the platform is falling apart in real time – from glitching home pages to log-in failures – and researchers are desperately urging users to download their tweets in case Twitter implodes completely.“If there’s something you care about on Twitter, now’s the time to become like a temporary expert in digital archiving measures,” said Caroline Sinders, an artificial intelligence researcher and founder of human rights lab Convocation Research and Design.Digital archiving – the process of preserving online content for future use – has expanded steadily since the launch of the internet, but still exists in a patchwork, decentralized framework.There’s more to read, here. But the last bit is killer:If you want to save tweets – whether jokes from a favorite celebrity or the last thoughts of a loved one who has passed – an expert suggests a relatively analog solution.“Print out their tweets, and put them in a box,” the expert said. “They will last longer in every way.”He may still be the most popular man in the Republican party, but Donald Trump’s announcement of a new run for the White House this week has been fodder for his opponents, most recently his former top diplomat Mike Pompeo. Meanwhile, conservatives have continued their quest to stop Kevin McCarthy from becoming speaker in the Republican-run House next year, while Democrats’ transition away from Nancy Pelosi’s leadership appears to be running much more smoothly.Here’s what else has happened today so far:
    The January 6 committee could, as soon as today, file its response to Trump’s attempt to quash its subpoena for his testimony as the end-of-the-year expiration of its mandate draws nearer.
    Joe Biden’s administration has asked the supreme court to allow its student debt relief plan to proceed.
    Republicans on the House judiciary committee want homeland security chief Alejandro Mayorkas and a host of top officials to testify. Expect the situation at the southern border to be a major topic of questioning for the GOP.
    Donald Trump’s former top diplomat Mike Pompeo has again attacked his one-time boss:We were told we’d get tired of winning. But I’m tired of losing.And so are most Republicans.— Mike Pompeo (@mikepompeo) November 18, 2022
    Pompeo’s wording echoes Trump’s promise on the campaign trail 2016 that if he was elected, supporters would “get tired of winning.” Pompeo, who served as secretary of state from 2018 till the end of Trump’s term in 2021, is thought to be considering a run for the presidency in 2024.Perhaps he’ll elaborate on his thoughts about the former president in his speech to the Republican Jewish Coalition later today:Today, I’m going to speak at @RJC on how we can regain Americans’ trust and win again.— Mike Pompeo (@mikepompeo) November 18, 2022
    The Biden administration has petitioned the supreme court to allow its plan to relieve some student debt relief to proceed, Bloomberg News reports:NEW: Biden asks Supreme Court to let his student-debt relief plan take effect. Case will be docketed as 22A444.— Greg Stohr (@GregStohr) November 18, 2022
    Biden in August announced the plan to forgive as much as $20,000 in federal student debt for people earning less than $125,000 a year, or households earning below $250,000.Conservative activists and states immediately sued to stop the program, and last month, an effort by six Republican-led states succeeded in getting it temporarily halted. More

  • in

    January 6 subcommittee to examine criminal referrals it might make to DoJ

    January 6 subcommittee to examine criminal referrals it might make to DoJFour-member panel focused on whether they have uncovered sufficient evidence that Trump violated civil and criminal statutes The House January 6 select committee has created a subcommittee to examine the scope of potential criminal referrals it might make to the justice department over the Capitol attack as well as what materials to share with federal prosecutors, its chairman and other members said on Thursday.The special subcommittee – led by Congressman Jamie Raskin, overseeing a four-person group that also involves Liz Cheney, Adam Schiff and Zoe Lofgren – has been chiefly focused on whether they have uncovered sufficient evidence that former US president Donald Trump violated civil and criminal statutes.The subcommittee has also been tasked with resolving several other outstanding issues, the panel’s chairman Bennie Thompson said. They include what materials to share with the justice department before the end of December, and its response to Trump and Republican lawmakers who have not complied with subpoenas.The question of whether and what referrals to make to the justice department has hovered over the investigation for months since the select committee’s lawyers came to believe that Trump was involved in a criminal conspiracy to defraud the United States and obstruct Congress over January 6.In March, the panel laid out its theory of a potential case against Trump, saying in a court filing that it had accumulated enough evidence to suggest that Trump and conservative attorney John Eastman could be charged with criminal and civil violations.The select committee then won a substantial victory when the US district court judge David Carter ruled that Trump “likely” committed multiple felonies in his efforts to overturn the results of the 2020 election and stop the congressional certification of Joe Biden’s election win.But some members on the panel in recent months have questioned the need for referrals to the justice department, which has ramped up its investigation into the Capitol attack and issued subpoenas to Trump’s allies demanding appearances before at least two grand juries in Washington.The debate, according to sources familiar with the matter, centered on whether making referrals might backfire if they are perceived to politically taint the criminal investigations hearing evidence about the fake electors scheme or the far-right groups that stormed the Capitol.In an effort to make final determinations on the referral question, Thompson said he asked the four members – all of whom have legal backgrounds and in the case of Schiff, have federal prosecutorial experience – to form the special subcommittee.The subcommittee is expected to make recommendations to Thompson around the start of December over what the referrals might look like, and advise on how to proceed with potential legal action against Trump and Republican lawmakers who defied the panel’s subpoenas, said a source familiar with the matter.Meanwhile Thompson said the committee will release its report on the Capitol attack next month.“Our goal is to get it completed soon so we can get it to the printer,” Thompson told reporters. “We plan to have our product out sometime in December.”TopicsJanuary 6 hearingsUS Capitol attackUS politicsDonald TrumpDemocratsnewsReuse this content More

  • in

    Cheney hits back as Pence says January 6 committee has ‘no right’ to testimony

    Cheney hits back as Pence says January 6 committee has ‘no right’ to testimonyPanel vice-chair issues statement with chair Bennie Thompson after Trump vice-president gives interview to CBS The chair and vice-chair of the January 6 committee hit back after Mike Pence said they had “no right” to his testimony about the Capitol attack, and claimed they presided over a “partisan” investigation.Trump bills himself as only option but Republicans split on 2024 runRead moreTestimony presented to the panel and to the nation in a series of dramatic public hearings was “not partisan”, Bennie Thompson and Liz Cheney said. “It was truthful.”Pence was speaking to CBS, to promote a new book in which he sets out his version of events on the day supporters of his president, Donald Trump, attacked Congress, some chanting that Pence should be hanged.Pence previously said he would consider testifying. But to CBS, he said: “Congress has no right to my testimony on separation of powers under the constitution of the United States.“And I believe it will establish a terrible precedent for the Congress to summon a vice-president of the United States to speak about deliberations that took place at the White House.”Trump supporters attacked Congress after he told them to “fight like hell” to stop certification of Joe Biden’s election win, in service of the lie that it was the result of electoral fraud. Nine deaths have been linked to the riot, including suicides among law enforcement.Trump was impeached a second time but acquitted when Senate Republicans stayed loyal. On Tuesday, he announced a third consecutive presidential run.Pence is also eyeing a run for the Republican nomination. In doing so he must balance promoting his record as vice-president to Trump, thereby appealing to Trump’s supporters, with distancing himself from a former president whose standing is slipping after Republican disappointment in the midterm elections.Pence said he was “closing the door” on the prospect of testifying.“But I must say again, the partisan nature of the January 6 committee has been a disappointment to me. It seemed to me in the beginning, there was an opportunity to examine every aspect of what happened on January 6, and to do so more in the spirit of the 9/11 Commission, non-partisan, non-political, and that was an opportunity lost.”The January 6 committee was appointed by the Democratic House speaker, Nancy Pelosi, after the Republican leader in the House, Kevin McCarthy, tried to appoint Trump allies to a 9/11-style panel. Pelosi rejected those appointments, leading McCarthy to withdraw from the process.The January 6 committee consists of seven Democrats and two Republicans, Cheney and Adam Kinzinger, anti-Trump figures who will soon leave Congress.Who’s next? Republicans who might go up against Trump in 2024Read moreThe panel is wrapping up its work, after it was confirmed on Wednesday that Republicans will take control of the House.In their statement, Thompson and Cheney said: “The select committee has proceeded respectfully and responsibly in our engagement with Vice-President Pence, so it is disappointing that he is misrepresenting the nature of our investigation while giving interviews to promote his new book.“Our investigation has publicly presented the testimony of more than 50 Republican witnesses, including senior members of the TrumpWhite House, the Trump campaign, and the Trump justice department.“This testimony, subject to criminal penalties for lying to Congress, was not ‘partisan’. It was truthful.”TopicsMike PenceJanuary 6 hearingsLiz CheneyUS politicsUS CongressHouse of RepresentativesRepublicansnewsReuse this content More

  • in

    Trump files lawsuit to block House Capitol attack panel’s subpoena

    Trump files lawsuit to block House Capitol attack panel’s subpoenaThe committee demanded the ex-president’s testimony and access to several documents in their investigation of the 6 January riot Donald Trump’s attorneys filed a lawsuit seeking to block the House January 6 select committee’s subpoena demanding his testimony in its investigation, according to court documents and a statement on Friday night, setting up a legal battle over the extent of executive power. The suit marks an aggressive posture from the former president as he seeks to avoid complying with the sprawling subpoena, in an effort that could culminate in a constitutionally significant showdown before the US supreme court.Rift in Trump’s inner circle over 2024 presidential campaign announcementRead more“Former President Trump turns to the courts to preserve his rights and executive branch independence consistently upheld by the courts and endorsed by the Department of Justice,” Trump’s attorneys wrote in a 41-page submission filed in federal court in West Palm Beach, Florida.The lawsuit contends that, while former presidents have voluntarily agreed to provide testimony or documents in response to congressional subpoenas in the past, “no president or former president has ever been compelled to do so”.“Long-held precedent and practice maintain that separation of powers prohibits Congress from compelling a President to testify before it,” Trump attorney’s David A Warrington said in a statement announcing Trump‘s intentions.He said Trump had “engaged with the committee in a good faith effort to resolve these concerns consistent with executive branch prerogatives and separation of powers”, but said the panel “insists on pursuing a political path, leaving President Trump with no choice but to involve the third branch, the judicial branch, in this dispute between the executive and legislative branches”.The suit prolongs the battle over Trump’s testimony and makes it likely it will never happen, as the committee is expected to disband at the end of the legislative session in January.The committee voted to subpoena Trump during its final televised hearing before the midterm elections and formally did so last month, demanding testimony from the former president. Committee members allege Trump “personally orchestrated” a vast effort to overturn the results of the 2020 election.They said Trump had to testify, either at the Capitol or by videoconference, “beginning on or about” 14 November and continuing for multiple days if necessary.The letter also outlined a sweeping request for documents, including personal communications between Trump and members of Congress as well as extremist groups.The lawsuit comes as Trump is expected to launch a third campaign for president next week.TopicsDonald TrumpJanuary 6 hearingsUS Capitol attacknewsReuse this content More

  • in

    ‘These are conditions ripe for political violence’: how close is the US to civil war?

    ‘These are conditions ripe for political violence’: how close is the US to civil war? Nearly half of Americans fear their country will erupt within the next decade. Ahead of the midterm elections this week, three experts analyse the depth of the crisisBarbara F Walter: ‘Judges will be assassinated, Democrats will be jailed on bogus charges, black churches and synagogues bombed’American political scientist and author of How Civil Wars Start: And How to Stop Them (Viking)Americans are increasingly talking about civil war. In August, after the FBI raided Donald Trump’s Florida home, Twitter references to “civil war” jumped 3,000%. Trump supporters immediately went online, tweeting threats that a civil war would start if Trump was indicted. One account wrote: “Is it Civil-War-O’clock yet?”; another said, “get ready for an uprising”. Lindsey Graham, a Republican senator from South Carolina, said there would be “riots in the streets” if Trump was indicted. Trump himself predicted that “terrible things are going to happen” if the temperature wasn’t brought down in the country. Perhaps most troubling, Americans on both sides of the political divide increasingly state that violence is justified. In January 2022, 34% of Americans surveyed said that it was sometimes OK to use violence against the government. Seven months later, more than 40% said that they believed civil war was at least somewhat likely in the next 10 years. Two years ago, no one was talking about a second American civil war. Today it is common.Are America’s fears overblown? The most frequent question I get asked following my book How Civil Wars Start: And How to Stop Them is whether a civil war could happen again in the US. Sceptics argue that America’s government is too powerful for anyone to challenge. Others argue that secession will never happen because our country is no longer cleanly divided along geographic lines. Still others simply cannot believe that Americans would start killing one another. These beliefs, however, are based on the mistaken idea that a second civil war would look like the first. It will not.If a second civil war breaks out in the US, it will be a guerrilla war fought by multiple small militias spread around the country. Their targets will be civilians – mainly minority groups, opposition leaders and federal employees. Judges will be assassinated, Democrats and moderate Republicans will be jailed on bogus charges, black churches and synagogues bombed, pedestrians picked off by snipers in city streets, and federal agents threatened with death should they enforce federal law. The goal will be to reduce the strength of the federal government and those who support it, while also intimidating minority groups and political opponents into submission.We know this because far-right groups such as the Proud Boys have told us how they plan to execute a civil war. They call this type of war “leaderless resistance” and are influenced by a plan in The Turner Diaries (1978), a fictitious account of a future US civil war. Written by William Pierce, founder of the neo-Nazi National Alliance, it offers a playbook for how a group of fringe activists can use mass terror attacks to “awaken” other white people to their cause, eventually destroying the federal government. The book advocates attacking the Capitol building, setting up a gallows to hang politicians, lawyers, newscasters and teachers who are so-called “race traitors”, and bombing FBI headquarters.Pages of The Turner Diaries were found in Timothy McVeigh’s truck after he attacked a federal building in Oklahoma City in April 1995. Patrick Crusius, the alleged El Paso Walmart gunman, and John Timothy Earnest, the accused shooter at a synagogue in Poway, California, echoed the book’s ideas in their manifestos. A member of the Proud Boys can be seen on video during the insurrection on 6 January 2021 telling a journalist to read The Turner Diaries.The US is not yet in a civil war. But a 2012 declassified report by the CIA on insurgencies outlines the signs. According to the report, a country is experiencing an open insurgency when sustained violence by increasingly active extremists has become the norm. By this point, violent extremists are using sophisticated weapons, such as improvised explosive devices, and begin to attack vital infrastructure (such as hospitals, bridges and schools), rather than just individuals. These attacks also involve a larger number of fighters, some of whom have combat experience. There is often evidence, according to the report, “of insurgent penetration and subversion of the military, police, and intelligence services”.In this early stage of civil war, extremists are trying to force the population to choose sides, in part by demonstrating to citizens that the government cannot keep them safe or provide basic necessities. The goal is to incite a broader civil war by denigrating the state and growing support for violent measures.Insurgency experts wondered whether 6 January would be the beginning of such a sustained series of attacks. This has not yet happened, in part because of aggressive counter-measures by the FBI. The FBI has arrested more than 700 individuals who participated in the riot, charging 225 of them with assaulting, resisting or impeding officers or employees. Stewart Rhodes, the leader of the Oath Keepers, will almost certainly go to jail for his role in helping to organise the insurrection, as will numerous other participants. But this setback is likely to be temporary.Civil war experts know that two factors put countries at high risk of civil war. The US has one of these risk factors and remains dangerously close to the second. Neither risk factor has diminished since 6 January. The first is ethnic factionalism. This happens when citizens in a country organise themselves into political parties based on ethnic, religious, or racial identity rather than ideology. The second is anocracy. This is when a government is neither fully democratic nor fully autocratic; it’s something in between. Civil wars almost never happen in full, healthy, strong democracies. They also seldom happen in full autocracies. Violence almost always breaks out in countries in the middle – those with weak and unstable pseudo-democracies. Anocracy plus factionalism is a dangerous mix.We also know who tends to start civil wars, especially those fought between different ethnic, religious and racial groups. This also does not bode well for the US. The groups that tend to resort to violence are not the poorest groups, or the most downtrodden. It’s the group that had once been politically dominant but is losing power. It’s the loss of political status – a sense of resentment that they are being replaced and that the identity of their country is no longer theirs – that tends to motivate these groups to organise. Today, the Republican party and its base of white, Christian voters are losing their dominant position in American politics and society as a result of demographic changes. Whites are the slowest-growing demographic in the US and will no longer be a majority of the population by around 2044. Their status will continue to decline as America becomes more multi-ethnic, multiracial, and multireligious, and the result will be increasing resentment and fear at what lies ahead. The people who stormed the Capitol on 6 January believed they were saving America from this future and felt fully justified in this fight.America’s democracy declined rapidly between 2016 and 2020. Since 6 January 2021, the US has failed to strengthen its democracy in any way, leaving it vulnerable to continued backsliding into the middle zone. In fact, the Republican party has accelerated its plan to weaken our democracy further. Voter suppression bills have been introduced in almost every state since 6 January. Election deniers are running for office in 48 of the 50 states and now represent a majority of all Republicans running for Congressional and state offices in the US midterm elections this week. Trump loyalists are being elected secretaries of state in key swing states, increasing the likelihood that Republican candidates will be granted victory, even if they lose the vote. And America’s two big political parties remain deeply divided by race and religion. If these underlying conditions do not change, a leader like Stewart Rhodes of the Oath Keepers can go to jail, but other disaffected white men will take his place.What is happening in the US is not unique. White supremacists have leapt on projections that the US will be the first western democracy where white citizens could lose their majority status. This is forecast to happen around 2044. Far-right parties of wealthy western countries have issued ominous warnings about the end of white dominance, seeking to stoke hatred by emphasising the alleged costs – economic, social, moral – of such transformation. We are already seeing elements of this in Europe, where rightwing anti-immigrant parties such as the Sweden Democrats, the Brothers of Italy, Alternative für Deutschland in Germany, the Vlaams Belang in Belgium, the National Rally in France and the Freiheitliche Partei Österreichs in Austria have all seen their support increase in recent years.What can we do about this? The obvious answers are for our political leaders to invest heavily in strengthening our democracies and to have their political parties reach across racial, religious and ethnic lines. But here in America, the Democratic party does not have the votes to institute much-needed reforms of our political system, and the Republicans have no interest; they are moving in the opposite direction.But there is a potentially easy fix. Regulate social media, and in particular the algorithms that disproportionately push the more incendiary, extreme, threatening and fear-inducing information into people’s feeds. Take away the social media bullhorn and you turn down the volume on bullies, conspiracy theorists, bots, trolls, disinformation machines, hate-mongers and enemies of democracy. The result would be a drop in everyone’s collective anger, distrust and feelings of threat, giving us all time to rebuild.Stephen Marche: ‘America has passed the point at which the triumph of one party or another can fix what’s wrong with it’Canadian novelist and essayist and author of The Next Civil War: Dispatches from the American Future (Simon & Schuster)The United States is a textbook example of a country headed towards civil war. The trends increasingly point one way, and while nobody knows the future, little – if anything – is being done, by anyone, to try to prevent the collapse of the republic. Belief in democracy is ebbing. The legitimacy of institutions is declining. America increasingly is entering a state where its citizens don’t want to belong to the same country. These are conditions ripe for political violence.No civil war ever has a single cause. It’s always a multitude of factors that lead to decline and collapse. The current US has several of what the CIA calls “threat multipliers”: environmental crises continue to batter the country, economic inequality is at its highest level since the founding of the country, and demographic change means that the US will be a minority white country within just over two decades. All of these factors tend to contribute to civil unrest wherever they are found in the world.But the US is more vulnerable to political violence than other countries because of the decrepitude of its institutions. For 40 years, trust in institutions of all kinds – the church, the police, journalism, academia – has been in freefall. Trust in politicians can hardly fall any lower. And there is no reason for trust. The constitution, while unquestionably a work of genius, was a work of 18th-century genius. It simply does not reflect, nor can it respond to, the realities of the 21st century.The divide between the American political system and any reflection of the popular will is widening, and increasingly it cannot be ignored. The electoral college system means that, in the near term, a Democrat will win the popular mandate by many millions of votes and still lose the presidency. The crisis of democracy will only grow. With around 345 election deniers on the ballot as candidates in November, the Republicans appear to have evolved a new political strategy, seemingly based on the gambling strategy of Joe Pesci’s character in Casino: if they win, they collect. If they don’t, they tell the bookies to go away. Unless there is a completely separate Republican leadership in place by 2024, they will simply ignore the results they don’t like.The American electoral system is already hugely localised, outdated and held together by good faith. Any failure to recognise electoral outcomes, even in a few states, could result in a contested election in which nobody reaches the threshold of 270 electoral college votes. In that case, the constitution stipulates a “contingent election” – acclimatise yourself to this phrase now – in which each state gets a single vote. That’s right: if no candidate in an American presidential election reaches the threshold of 270 electoral college votes, the state legislatures, overwhelmingly dominated by Republicans, pick the president, with each state having one vote.In 1824, the candidate who won the popular vote and the most electoral college votes, Andrew Jackson, did not become president. John Quincy Adams fudged his way through. A contingent election is one mechanism, just one, by which an American government could be perfectly constitutional and completely undemocratic at the same time. The right has been preparing for exactly such a reality for a while, with a phrase they repeat as if in hope that it will mean something if they say it enough: “We’re a republic, not a democracy.”Quasi-legitimacy is what leads to violence. And America’s political institutions are destined to become more and more quasi-legitimate from now on. One of the surest markers of incipient civil war in other countries is the legal system devolving from a non-partisan, truly national institution to a spoil of partisan war. That has already happened in the US.The overturning of Roe v Wade, in June, was both a symptom of the new American divisiveness and a cause of its spread. The Dobbs decision (in which the supreme court held that the US constitution does not confer the right to abortion) took the status of women in the US and dropped it like a plate-glass window from a great height. It will take a generation or more to sweep up the shards. What women are or are not allowed to do with their bodies – abortions, IVF procedures, birth control, maintaining the privacy of their menstrual cycles, crossing state lines – now depends on the state and county lines in which their bodies happen to reside. The legal reality of American women is no longer national in nature. When a woman travels from Illinois to Ohio, she becomes a different entity, with different rights and duties.The court itself is well aware of the legal carnage it has caused. “If, over time, the court loses all connection with the public and with public sentiment, that is a dangerous thing for democracy,” associate justice Elena Kagan said shortly afterwards. Her conservative colleague Samuel A Alito responded: “It goes without saying that everyone is free to express disagreement with our decisions and to criticise our reasoning as they see fit. But saying or implying that the court is becoming an illegitimate institution or questioning our integrity crosses an important line.” But what anyone says or implies is of little to no importance at this point. The percentage of the American public having almost no confidence in the supreme court reached 43% in July, up from 27% in April. The confusion of legal status of a separate group of persons is a classic prelude to civil war.The justices of the court, and the American public, are just catching up with the inevitable consequences of the refusal of Congressional Republicans to allow President Obama to select Merrick Garland for the court and then going on to confirm three Trump nominees, resulting in a court skewed six: three to the right. The supreme court feels illegitimate because it is illegitimate. The Dobbs decision does not reflect the will of the American people because the supreme court does not reflect the will of the American people.Elections have consequences, right up until the point when they don’t. On a superficial level, the 2022 midterms couldn’t matter more; American democracy itself is at stake. On a deeper level, the 2022 midterms don’t matter all that much; they will inform us, if anything, of the schedule and the manner of the fall of the republic. The results might delay the decline, or accelerate it, but at this point, no merely political outcome can prevent the downfall. America has passed the point at which the triumph of one party or another can fix what’s wrong with it, and the kind of structural change that’s necessary isn’t on the table. This is a moment between two American politics. The wind has been sown. The whirlwind is yet to be reaped.Christopher Sebastian Parker: ‘Many white people feel the need to take drastic measures to maintain white supremacy’Professor of political science at University of California, Santa Barbara and author of Change They Can’t Believe In: The Tea Party and Reactionary Politics in America (Princeton)America is rushing headlong into another civil war, and it’s a matter of when, not if. As political scientist Prof Barbara F Walter argues, civil wars are likely in the presence of two factors: anocracy and ethnic factionalism. When one considers the centrality of race to American politics, it is clear that ethno-nationalism is hastening the movement towards anocracy.Think about the role of race in the first civil war and the one we’re headed towards. It’s well documented that the repulsive nature of the institution of slavery was the principal cause of the civil war, driven by moral as well as economic and political concerns. In 19th-century America, the Democratic party was a relatively reactionary institution in the south, whereas the Republican party was a relatively progressive institution located in the north. Republicans supported the abolition of slavery, whereas 19th-century Democrats were all for it. Regardless of the outcome of the war – driven as it was by the prospect of material gain or loss, moral redemption or amorality – the war came to rest on the fulcrum of race and racism.Throughout history, political identity in the US has ultimately been driven by the parties’ respective positions on race, with divisions sorting primarily by way of racial identity and racial attitudes. Contemporary Republicans, for instance, tend to be white and relatively racist. Democrats are more likely to draw from a more diverse pool and, as such, are, typically, less racist. To illustrate this point, Republicans are far more alarmed by a diversifying country.Likewise, white people were and are more likely to support Trump, driven by the anxiety associated with the rapid racial diversification of “their” country. What, you may ask, do white people and the Republican party have in common? Well, 80% of Republican voters are white.The consequences of the centrality of race and racism to American politics and the threat of internal war are dire. It was racism that was ultimately responsible for the rise of the Tea Party, a reaction to Obama’s (racialised) presidency. The Tea Party (now the Maga movement), in turn, moved the GOP to the right, eventually setting the stage for Trump.With Trump pushing the “big lie” that the 2020 election was stolen, and many Republicans buying into it, the stage is set for another American war of all against all. We’ve seen this before. The civil war, as it happens, was set in motion by the refusal of the Democrats to accept Abraham Lincoln as the legitimate winner of the 1860 contest given his views on slavery: he thought it morally wrong.But it wasn’t the economics of slavery that motivated the south’s insistence on maintaining what was known as the “peculiar institution”. Only 3.2% of white southern families owned slaves. Clearly, then, the maintenance of slavery as an economic institution carried no value for almost all white southerners. With economic reasons absent, why were white southerners willing to fight a war over slavery? The southern way of life: white supremacy. As part of southern culture, these people were not ready to forfeit their social dominance, relative to the Black community.These conditions remain in place. As many white people (Republicans) confront the fear that by 2044 they’ll no longer be in the ethnic majority, they feel the need to take drastic measures to maintain white supremacy. It’s all they’ve ever known. It happened in the 1860s; what’s to prevent it from happening now?Look for the next civil war to take place after the 2024 election cycle, when the next wave of violence is likely to emerge. Similar to the original civil war, there’s too much at stake for both sides. Then, as now, the threats are existential. In the 19th century, Democrats viewed the newly established Republican party as a threat to their way of life. Republicans, for their part, saw southern intransigence on the issue of slavery as a threat to the union.Today, Republicans, driven by the existential threat of losing “their” (white) country, will continue their attack on democracy as a means towards preserving America for “real” Americans. Democrats, on the other hand, see the “Magafication” of the GOP as an existential threat to liberal democracy.Election-related violence generally takes place when the following four factors are present: a highly competitive election that can shift power; partisan division based on identity; winner-takes-all two-party election systems in which political identities are polarised; and an unwillingness to punish violence on the part of the dominant group. All four are present in America now, and will be more amplified in 2024.We’re almost there. White angst over increasing racial diversity makes another Trump candidacy (and presidency) likely, pushing us into anocracy. Democrats are having none of that. They’ll resist going down the slippery slope to autocracy the same way that their 19th-century counterparts, the party of Lincoln, refused to let the Confederacy bust up the union. Likewise, should Democrats prevail in 2024, Republicans will revolt – the 6 January Capitol attack is a forewarning.Either way, I’ll wager that a civil war featuring terrorism, guerrilla war and ethnic cleansing will be waged from sea to shining sea. In the end, race and racism will lead to another very American conflagration.TopicsUS politicsThe ObserverUS Capitol attackDonald TrumpThe far rightJanuary 6 hearingsfeaturesReuse this content More