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      How to Steal a Presidential Election review: Trump and the peril to come

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      The Trump veepstakes is under way. Senator JD Vance and Representative Elise Stefanik prostrate themselves. Both signal they would do what Mike Pence refused: upend democracy for the sake of their Caesar. The senator is a Yale Law School alum and former US marine. Stefanik is the fourth-ranking House Republican. He was once critical of the former president. She was skeptical. Not anymore.“Do I think there were problems in 2020? Yes, I do,” Vance recently told ABC. “If I had been vice-president, I would have told the states, like Pennsylvania, Georgia and so many others, that we needed to have multiple slates of electors … I think the US Congress should have fought over it from there.”Last month, Stefanik said: “We will see if this is a legal and valid election. What we saw in 2020 was unconstitutional circumventing of the constitution, not going through state legislators when it comes to changing election law.”From the supreme court down, the judiciary has repeatedly rejected that contention.As the November election looms, Lawrence Lessig and Matthew Seligman offer How to Steal a Presidential Election, a granular and disturbing examination of the vulnerabilities and pressure points in the way the US selects its president. Short version: plenty can go wrong.Lessig is a chaired professor at Harvard Law School. He views a second Trump term as calamitous. “He is a pathological liar, with clear authoritarian instincts,” Lessig writes. “His re-election would be worse than any political event in the history of America  –  save the decision of South Carolina to launch the civil war.”Seligman is a fellow at the Constitutional Law Center at Stanford, focused on disputed presidential elections. He too views Trump uncharitably.“Former president Trump and his allies attempted a legal coup in 2020 – a brazen attempt to manipulate the legal system to reverse the results of a free and fair election,” Seligman has said. “Despite all the attention on 6 January 2021 [the attack on Congress], our legal and political systems remain dangerously unprotected against a smarter and more sophisticated attempt in 2024.”The open question is whether forewarned is forearmed. On the page, Lessig and Seligman spell out seven roads to ruin, the “inverting” of an election to force a result that thwarts voters’ expressed intentions. The authors discount the capacity of a vice-president to unilaterally overturn an election result. But they warn of the potential for havoc at state level.As they see it, the danger of pledged but not legally bound electors being coerced to vote for Trump when the electoral college convenes is “significant”. They also hypothesize a state governor “interven[ing] to certify a slate of electors contrary to the apparent popular vote”. Another path to perdition includes making state legislatures the final judges of election results. There is also the “nuclear option”, according to the authors, which is stripping the right to vote from the voters.“A state legislature cancels its election before election day and chooses the state’s electors directly,” as Lessig and Seligman put it, a potential outcome they call a “very significant” possibility under the US constitution.“State legislators are free to deny their people a meaningful role in selecting our president, directly or indirectly,” they write. “Is there any legal argument that might prevent a legislature from formally taking the vote away from its people? We are skeptical.”To say US democracy is at risk is not to indulge in hyperbole. Trump’s infamous January 2021 call to Brad Raffensperger, the Georgia secretary of state, is a vivid reminder. “What I want to do is this. I just want to find, uh, 11,780 votes, which is one more than … we have, because we won the state.” Such words continue to haunt.In an episode that casts a similar pall, Trump and Ronna McDaniel, the Republican National Committee (RNC) chair, urged election officials in Michigan’s Wayne county to block the release of final results.“Do not sign it … we will get you attorneys,” McDaniel told the officials, regarding certification.“We’ll take care of that,” Trump said.Now, as he has for so many former enablers, Trump has taken care of McDaniel. She will shortly be gone from the RNC.Among Trump’s supporters, discontent with democracy is no secret. During the 2016 campaign, Paul LePage, then governor of Maine, thought Trump needed to show some “authoritarian power”. In 2019, Mike Johnson, then a Louisiana congressman, declared: “By the way, the United States is not a democracy. Do you know what a democracy is? Two wolves and a sheep deciding what’s for dinner. You don’t want to be in a democracy. Majority rule: not always a good thing.”Johnson is now House speaker. For good measure, he claims God told him “very clearly” to prepare to become “Moses”.“The Lord said step forward,” Johnson says.On the right, many openly muse about a second civil war.“We’ve already had one, so we know it’s within the realm of possibility,” James Pinkerton, a veteran of the White Houses of Ronald Reagan and George HW Bush, recently wrote in the American Conservative.“In fact, by one reckoning, the English speakers have had two other civil wars in the last four centuries, spaced out every hundred or so years. Is there some sort of deep cycle at work here? With, er, implications for our own troubled times?”The election won’t be pleasant. In late December, 31% of Republicans believed Joe Biden’s win in 2020 was legitimate. That was eight points lower than two years before. Trump’s criminal trials loom. Through that prism, Lessig and Seligman’s work serves as dire warning and public service.
      How to Steal a Presidential Election is published in the US by Yale University Press More

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      ‘Gratuitous, inaccurate’: White House disputes special counsel report on Biden

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      Democrats and the White House on Friday launched an aggressive push back against a special counsel report that pushed Joe Biden’s age and memory to the front and center of the presidential election campaign and spurred a series of Republican attacks on the US president.The special counsel Robert Hur’s report on Biden’s handling of confidential documents on Thursday said the US president would not face criminal charges in the case but in a series of remarks characterized Biden as elderly and with a failing memory – triggering a political bombshell on an issue seen as a core weakness of Biden’s re-election campaign.“He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know,” the White House spokesperson Karine Jean-Pierre said, pointing to reports that the former Republican House speaker Kevin McCarthy considered the president a sharp negotiator.In an unusually lengthy question and answer session with the White House press corps other Biden administration officials also joined the chorus of voices defending the president, his lengthy legislative record in his first term as president and his handling of a multitude of crises – both domestic and foreign.The White House spokesperson Ian Sams said he fundamentally disagreed with the special counsel’s description’s of Joe Biden’s ability to recall details. “I dispute that the characterizations about his memory in the report are accurate, because they’re not,” he said as he and Jean-Pierre faced a barrage of questions on the issue.Sams also indicated that it was possible transcripts of Biden’s interviews with Hur’s team could be released. The transcripts could shine some light on some of the more jarring comments about the president’s memory Hur made in his report, such as that he could not recall the years he was vice-president, or when his son, Beau Biden, died.Democrats have also been quick to compare Biden’s issues with that of his almost certain rival in the 2024 race – the former US president Donald Trump. Trump also faces political problems due to his handling of confidential documents, but unlike Biden, he is being prosecuted for obstructing the recovery of papers held at his Mar-a-Lago resort in Florida.Trump also regularly makes gaffes on the campaign trail and faces a raft of other criminal charges in relation to his business dealings, allegedly paying off an adult film star, his role in the January 6 attack on the Capitol and trying to subvert the 2020 election in Georgia.But that did not stop the former US president and his many loyal allies in the Republican party from going on the offensive and seeking to portray Biden as mentally unfit for office.That barrage of attacks was met by a firm response from Democrats.The vice-president, Kamala Harris, condemned Hur’s comments about Biden’s age and memory as “gratuitous, inaccurate and inappropriate”, and noted that the president’s interview was conducted in the “intense” aftermath of the 7 October terrorist attack in Israel.“The way that the president’s demeanor in that report was characterized could not be more wrong on the facts, and clearly politically motivated, gratuitous,” she said.The Pennsylvania Democratic senator John Fetterman said he believes Biden is still up to the job as president, and criticized Hur as having concocted a “smear job”. The senator added: “The president was very clear in that he is absolutely in full control.”The Wisconsin Democratic senator Tammy Baldwin said: “I judge a president on what they’ve done and whose side they’re on,” Baldwin told the Milwaukee Journal Sentinel. She pointed to Biden’s “strong record of creating good-paying jobs, rebuilding our infrastructure, and lowering prescription drug prices”.Similarly, the Wisconsin Democratic congressman Mark Pocan stated that Biden “got things done for the American people”, while Trump “has used hate to try to divide this nation and in a way unseen before”.Not all Democrats were quite so unified, especially as polling has shown that many Americans – including Democrats – consider Biden’s age a source of deep concern. Paul Begala, a former top aide to Bill Clinton and now a CNN commentator said: “I’m a Biden supporter and I slept like a baby last night – I woke up every two hours crying and wet the bed. This is terrible for Democrats.”In a policy response to the issue the Biden administration plans to appoint a taskforce to review how classified documents are handled during often chaotic transitions between presidential administrations. Aside from Biden and Trump, Trump’s ex-vice president, Mike Pence, was also found to have some confidential documents inadvertently in his possession.“The president’s going to appoint a taskforce to review how transitions look at classified material to ensure that there are better processes in place,” Sams said. More

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      Biden ‘gets how he’s viewed’, White House spokeswoman says as she downplays president’s misspeaking – live

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      White House press secretary Karine Jean-Pierre has defended to reporters Joe Biden’s fitness to serve and ability to remember details, after comments from special counsel Robert Hur and instances of the president mixing up the names of world leaders.“This is a president that … has had relationships with world leaders for more than 40 years,” Jean-Pierre said, after Biden yesterday evening mixed up the names of the presidents of Mexico and Egypt. “Has he misspoken, as many of us [have]?”She also said Biden, 81, understands that voters are aware of his advanced age.“He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know,” Jean-Pierre said, referring to reports that former Republican House speaker Kevin McCarthy considered the president a sharp negotiator.Democrats and Joe Biden’s administration spent the day downplaying and dismissing concerns about the president’s age raised in a report by special counsel Robert Hur, which found that Biden had willfully retained classified documents – but shouldn’t be charged, in part given that a jury could find him too old and doddering to be culpable. Here’s what happened at a glance:
      White House press secretary Karine Jean-Pierre has defended Joe Biden’s fitness to serve and ability to remember details. She said: “This is a president that … has had relationships with world leaders for more than 40 years,” after Biden yesterday evening mixed up the names of the presidents of Mexico and Egypt. “Has he misspoken, as many of us [have]?” She added: “He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know.”
      Ian Sams, the White House spokesman for investigations, blamed Republicans’ attacks on prosecutors for the special counsel’s report. He noted that Hur’s comments came after months of attacks on the justice department and prosecutors elsewhere by the GOP. He said: “For the past few years, Republicans in Congress and elsewhere have been attacking prosecutors who aren’t doing what Republicans want politically. … That reality creates a ton of pressure.”
      Former Obama adviser Dan Pfeiffer called the report a “partisan hit job.” “I fear – and I hope I am wrong – that unlike most of the marginalia that excites political junkies, the Special Counsel’s descriptions of Biden will break through to the public at large,” wrote Pfeiffer in his newsletter.
      Vice President Kamala Harris weighed in, too, saying the special counsel’s comments were “politically motivated” and blasting Hur’s comments as “gratuitous, inaccurate and inappropriate.”
      The spectacle is playing out in the states, too: Wisconsin Democrats joined in to defend the president, brushing aside concerns about Biden’s memory and instead praising his policy record. “Everyone knows we have two older Americans running for president,” congressman Mark Pocan told the Milwaukee Journal Sentinel. “The difference is one has accomplished much with that life experience and got things done for the American people.”
      On a call with reporters, immigration advocates warned that the rhetoric coming from Donald Trump and Republicans was putting their communities at risk, writes the Guardian’s Lauren Gambino.“The toxicity that has been injected in this debate is fanning the flames of division and doing that has consequences,” said Clarissa Martinez de Castro, Vice President of the Latino Vote Initiative, UnidosUS. “The consequences of this rhetoric are not an intellectual exercise. They actually have a death toll associated with them.” Vanessa Cárdenas, executive director of America’s Voice, accused Republicans of “mainstreaming the dangerous talk of ‘invasion’ and ‘Great Replacement theory’”, and noted that just days ago federal agents arrested a Tennessee militia man who allegedly planning an attack on border agents over fears that the border was being “invaded”.“They have a very dangerous and divisive narrative that really is inciting people to violence,” she said, adding: “They clearly have not learned a lesson from El Paso, Buffalo and Pittsburgh.”Cárdenas said it was “problematic” that Biden had adopted some of the right’s language around shutting down the border.“When he sort of uses the same language as the GOP, that is extremely divisive and not helpful,” she said.“I do think it’s important for him to say that we have to have a functional system,” she continued. “But it is very worrisome when he starts saying things like, ‘we have to close the border.’ I think that’s hugely damaging. Our hope is that he really forcefully speaks about the contributions of immigrants.”The New York congresswoman Elise Stefanik said in a CNN interview Thursday evening that she “would not have done what Mike Pence did,” on January 6, 2021, implying she would have declined to certify the presidential electoral votes.Stefanik’s comments come as the congresswoman, who has risen as a star in the MAGA wing of the Republican Party, vies to be Donald Trump’s running mate in 2024. She previously declined to commit to certify the 2024 presidential election votes, saying she would do so “if this is a legal and valid election.”Other rightwing Republicans, including Ohio senator JD Vance and Montana congressman Matt Rosendale, have also doubled down on election denialism in recent days. In a video launching his campaign for a seat in the US senate today, Rosendale bragged that he had “voted in support of President Trump’s agenda every single time.”“On January the 6th 2021, I stood with President Trump and voted against the electors,” Rosendale declared.Wisconsin Democratic lawmakers defended Joe Biden in conversations with the Milwaukee Journal Sentinel, downplaying concerns about the president’s memory raised in a report by special counsel Robert Hur.Democratic senator Tammy Baldwin instead emphasized Biden’s policy record, saying Biden has “shown time and again that he fights for Wisconsin’s working families and has a strong record of creating good-paying jobs, rebuilding our infrastructure, and lowering prescription drug prices.” Similarly, Democratic congressman Mark Pocan stated that Biden “got things done for the American people,” while Donald Trump “has used hate to try to divide this nation and in a way unseen before.”Hur, who investigated Biden’s handling of classified documents and concluded the president had willfully retained national security information, recommended against bringing charges against the president, saying Biden would come across to a jury as a “well-meaning, elderly man with a poor memory”.A Wednesday poll by Marquette University Law School found Trump and Biden in a dead heat in Wisconsin, with each carrying the support of 49% of registered voters.The White House is fighting back against special counsel Robert Hur’s comments that Joe Biden struggled to remember details of his life and career in an interview for his investigation into his possession of classified documents. Kamala Harris accused Hur, who said Biden should not face charges, of being “politically motivated”, while spokesman Ian Sams blamed Republican attacks on the justice department for putting pressure on the special counsel. He also noted that the White House was considering releasing the transcript of Biden’s interview, but has not decided yet.Here’s what else has happened today:
      The contest for the Senate got spicier, when relatively popular Republican Larry Hogan jumped into the contest for deep-blue Maryland’s open seat, and Matt Rosendale filed to unseat Democrat Jon Tester in red state Montana, despite losing to him in 2018.
      John Cornyn, an influential Republican senator, said he would support legislation to fund Israel and Ukraine’s military, even if it does not include strict immigration provisions.
      ‘I’m an elderly man and I know what the hell I’m doing’, Biden told reporters in a surprise speech yesterday evening, after Hur’s report was released.
      White House press secretary Karine Jean-Pierre has defended to reporters Joe Biden’s fitness to serve and ability to remember details, after comments from special counsel Robert Hur and instances of the president mixing up the names of world leaders.“This is a president that … has had relationships with world leaders for more than 40 years,” Jean-Pierre said, after Biden yesterday evening mixed up the names of the presidents of Mexico and Egypt. “Has he misspoken, as many of us [have]?”She also said Biden, 81, understands that voters are aware of his advanced age.“He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know,” Jean-Pierre said, referring to reports that former Republican House speaker Kevin McCarthy considered the president a sharp negotiator.Before he departed the podium, Ian Sams shared an unpublished detail of the report that he indicated supports Joe Biden’s argument that he was distracted when he spoke to the special counsel Robert Hur.“What’s interesting about this, and this is oddly not in the report … at the beginning of his interview, the special counsel told the president: ‘I understand that you’re dealing with a lot of things right now, and I’m going to be asking you questions about stuff from a long time ago. I want you to try to recall to the best of your abilities.’ You know, things of that nature,” Sams said.“That’s often what prosecutors would tell witnesses. So, you know, he understood that but the president was going to commit to being cooperative. He talked about this last night. He wanted to make sure he had everything he needed, and he didn’t want to throw up roadblocks.”The White House spokesman Ian Sams noted his disagreement with the special counsel Robert Hur’s description’s of Joe Biden’s ability to recall details.“I dispute that the characterizations about his memory in the report are accurate, because they’re not. And I think the president spoke very clearly about how his mind was on other things. I mean, he was dealing with a huge international crisis of great global consequence,” Sams said, referencing Biden’s argument that he was preoccupied with the fallout from Hamas’s 7 October attack on Israel.Sams also described interviews by prosecutors as uniquely intense experiences:
      I think there’s something important that people should remember about the way that, sort of, interviews like this happen. God forbid, you know, one of you guys ever have to get interviewed by a prosecutor … Witnesses are told, as I mentioned, by special counsel to do the best they can to recall or remember things, and they’re not supposed to speculate. They want facts. They want facts and evidence. And so, you know, I think probably in almost every prosecutorial interview, you can imagine that people have said that they don’t recall things because that’s what they’re instructed to do. So I think that’s just important context.
      Joe Biden plans to appoint a taskforce to review how classified documents are handled during transitions between presidential administrations, White House spokesman Ian Sams said.The subtext here is that Biden was not alone in possessing classified materials that he should not have. Mike Pence, a fellow former vice-president, also left the White House with government secrets, and was cleared of potential charges last year.Donald Trump is, of course, facing criminal charges for not only taking classified documents but also hiding them from investigators.Here’s what Sams had to say about what this new taskforce will do:
      We had the issue with President Biden. Immediately after that, we had the issue with Vice-President Pence. And I think it’s important to understand that this is a common occurrence, and the president thinks that we should fix it. Like, he gave all these documents back, he knew … that the government should be in possession of these documents.
      And so, what we’re going to do is the president’s gonna appoint a taskforce to review how transitions look at classified material to ensure that there are better processes in place so that when, you know, staffs around the building are roughly packing up boxes to try to get out during a transition as quickly as possible, at the same time … they’re still governing and doing matters of state. They’re going to try to make recommendations that that can be fixed, and he’s going to appoint a senior government leader to do that. We’ll have more on that soon.
      White House spokesman Ian Sams also indicated that it’s possible transcripts of Joe Biden’s interviews with special counsel Robert Hur’s team could be released.The transcripts could shine some light on some of the more jarring comments about the president’s memory Hur made in his report, such as that he could not recall the years he was vice-president, or when his son, Beau Biden, died.“I don’t have any announcement on, you know, releasing anything today, but it’s a reasonable question and there are classified stuff and we’ll have to work through,” Sams said, when asked about the possibility of the transcripts’ release.“We’ll take a look at that and make a determination,” he replied, when a reporter pressed him further.Ian Sams, the White House spokesman for investigations, noted that Republican special counsel Robert Hur’s comments about Joe Biden’s memory and age came after months of attacks on the justice department and prosecutors elsewhere by the GOP:
      We also need to talk about the environment that we are in. For the past few years, Republicans in Congress and elsewhere have been attacking prosecutors who aren’t doing what Republicans want politically. They have made up claims of a two-tiered system of justice between Republicans and Democrats. They have denigrated the rule of law for political purposes. That reality creates a ton of pressure and in that pressurized political environment, when the inevitable conclusion is that the facts and the evidence don’t support any charges, you’re left to wonder why this report spends time making gratuitous and inappropriate criticisms of the president.
      The White House press briefing has started, and spokesman Ian Sams is at the podium.He is reiterated that special counsel Robert Hur cleared Joe Biden of wrongdoing, and underscored that the president cooperated with his investigation. Thus far, Sams has refrained from condemning Hur’s conduct, as Kamala Harris and others have done.The Biden administration’s counterattack to special counsel Robert Hur’s comments about the president’s age and memory will continue in a few minutes, when the White House press briefing begins.Press secretary Karine Jean-Pierre will be joined by Ian Sams, the White House spokesman who handles investigations of the president.We’ll cover what he has to say, and what reporters have to say to him, live here.Kamala Harris has condemned special counsel Robert Hur’s comments about Joe Biden’s age and memory as “gratuitous, inaccurate and inappropriate”, and noted that the president’s interview was conducted in the “intense” aftermath of the 7 October terrorist attack in Israel.The vice-president’s comments were a strong denunciation of the language used by Hur, a Republican former US attorney appointed by attorney general Merrick Garland to investigate the discovery of classified documents at Biden’s personal residences. Hur determined no charges were warranted, but repeatedly noted that Biden could not remember aspects of his life and career in their interview.Here are Harris’s full remarks:Pennsylvania’s Democratic senator John Fetterman said he believes Joe Biden is still up to the job as president, and criticized comments about his memory made by special counsel Robert Hur.“The president was very clear in that he is absolutely in full control,” Fetterman said, before turning to Hur’s lengthy report into the classified documents found in Biden’s possession that noted he could not remember some details of his life and career.“That’s 350 pages to just say that Joe Biden isn’t going to be indicted here. It was just a smear job and cheap shots and just taking things out of context, or even just inventing any of them too,” Fetterman said.There have been a couple of interesting developments today in the contest to determine whether Democrats can maintain their slim hold on the Senate in November’s election.Popular former Republican governor Larry Hogan jumped into the race for Maryland’s open seat. While his election would be an upset in a state Joe Biden won with 65% of the vote in 2020, Hogan has proven his ability to win statewide elections in Maryland before, and his candidacy will probably force Democrats to spend money there that they otherwise could have used elsewhere. Here are some thoughts on Hogan’s candidacy, from University of Virginia analyst Kyle Kondik:Democrats received slightly better news in Montana, a red state where the party is fighting to get senator Jon Tester elected again. Republican congressman Matt Rosendale today made his much-expected bid for Congress’s upper chamber official – but the GOP isn’t particularly happy about it, since Tester beat Rosendale in 2018.Steve Daines, Montana’s junior senator and the head of the National Republican Senatorial Committee, had this to say about Rosendale’s entry:
      It’s unfortunate that rather than building seniority for our great state in the House, Matt is choosing to abandon his seat and create a divisive primary. Tim Sheehy has my full support because he is the best candidate to take on Jon Tester. Whichever party wins the Montana Senate seat will control the United States Senate in 2024, and Republicans cannot risk nominating a candidate who gave Jon Tester the biggest victory of his career. More

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      ‘Two men three years apart’: Democrats highlight Trump’s mental lapses after Biden report

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      The special counsel Robert Hur’s contention that Joe Biden suffers from memory problems caused by advanced age prompted delight among the president’s Republican opponents – and pushback from Democrats pointing out how often Donald Trump has his own lapses, and how dangerous they are to the country.Speaking on MSNBC amid shockwaves from the release of Hur’s report on Biden’s retention of classified information after his time as a senator and as vice-president, Jen Psaki, Biden’s first White House press secretary, emphasised: “The choice in all likelihood here is going to be between two men who are three years apart.”Already the oldest president ever, Biden is 81 and would be 86 at the end of a second term. Trump, the probable Republican presidential nominee this year, will turn 78 in June.Biden’s gaffes – including calling the president of Egypt the president of Mexico in the same Thursday remarks in which he angrily attacked Hur – are relentlessly scrutinised.To some extent, so are those of Trump – who recently confused Viktor Orbán, prime minister of Hungary, with Recep Tayyip Erdoğan, president of Turkey. He also confused Nikki Haley, his last remaining rival for the Republican nomination, with Nancy Pelosi, the Democratic House speaker when Trump sent a mob to attack Congress on 6 January 2021.But despite Trump’s frequent mistakes, polling has consistently shown that more Americans think Biden is too old than think the same about Trump.This week, before the release of Hur’s report, the progressive political strategist Rachel Bitecofer said: “Polling data consistently shows that its Biden, not Trump, voters perceive as having mental decline. No, REALLY. The reason is, Republicans have been pounding that false narrative hard since 2020 using [Biden’s] stuttering clips. We need CONSTANT coverage of Trump’s decline across all media outlets to fix that.”On Thursday, Psaki said Biden and Trump “are both older than I would think a lot of people in the public would like … [but] the choice is ultimately going to be between somebody who – in the Biden campaign, this is what they’ll argue – was guilty of trying to overturn the election, overturn the will of voters, and somebody who was not. And they’re three years apart.“People have concern about age, have concern about whether Biden’s up to the job … There is an element of that that has existed for years, and some of it was pushed by the right wing effectively … despite the fact that Trump is only a little bit younger.”The Biden campaign, Psaki added, “need[s] to figure out ways to address that, including having him out in the country, having him out on the trail”.Psaki’s host, Katy Tur, responded: “I covered Donald Trump really closely [in 2016] and when I see him now, he is a lot different than he was eight years ago. He is not the same candidate that he was.”That seems evident to most observers – and the issue has not been absent from the Republican primary.skip past newsletter promotionafter newsletter promotionHaley, who made a call for age limits for public office a central plank of her campaign, has said Trump is “just not at the same level” as he was while president.“Are we really gonna go into a situation where we have wars around the world and we’re trying to prevent war, and we’re gonna have someone who we can or can’t be sure that they’re gonna get confused?” the 51-year-old former South Carolina governor and UN ambassador told CBS last month.At a New Hampshire rally, she added: “Do we really want to go into an election with two fellas that are gonna be president in their 80s? And that’s not ageism that I’m saying here … when you’re dealing with the pressures of a presidency, we can’t have someone else that we question whether they’re mentally fit to do this.”Trump himself has addressed the subject – if by inviting widespread mockery with boasts about acing basic cognitive tests while in the White House.In New Hampshire last month, Trump told supporters: “I think it was 35, 30 questions. They always show you the first one, like a giraffe, a tiger, or this, or that – a whale. ‘Which one is the whale?’ OK. And that goes on for three or four [questions] and then it gets harder and harder and harder.”The Canadian creator of the test in question, the Montreal Cognitive Assessment, told the Washington Post it had never included a drawing of a whale.For the Biden campaign, and for Democrats in general, the challenge now is to get more Americans to read such stories. More

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      Democrats work on damage control after Biden’s fiery surprise speech

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      Democrats and their allies were shaping a damage control response on Friday to a hastily organized White House press call the night before that appeared to fall short in its mission to reassure voters about Joe Biden’s mental acuity after it was harshly questioned in a prosecutor’s report about his having kept classified documents at the end of his vice-presidency.Biden already said that his interview with the special counsel Robert Hur last October – in which he was reported to have forgotten the year his son Beau died and precisely when he had been vice-president – came in the days straight after Hamas attacked southern Israel, when Biden was preoccupied with the US response.Hur’s report concluded on Thursday that Biden would not face criminal charges in the case, despite “willfully” retaining and disclosing classified material, which he would not be open to as a sitting president anyway but also would not be warranted even if he was no longer president.But Hur then went on to describe at length how he found the US president’s memory to be failing, prompting anger from Biden and, in the following hours and into Friday, Democrats and aides to come to his defense.“The way that the president’s demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated,” Kamala Harris told MSNBC on Friday.The vice-president slammed claims of Biden’s failing mental acuity made in the 388-pages report as “gratuitous, inaccurate and inappropriate”.Earlier, Democratic Senator Tammy Baldwin from the crucial swing state of Wisconsin addressed the conclusions by special counsel Robert Hur that the 81-year-old president’s recall was “significantly limited”, and that Hur would not bring charges over classified documents in part because jurors would see the US president not as a willful criminal but as a “well-meaning, elderly man with a poor memory”.“I judge a president on what they’ve done and whose side they’re on,” Baldwin told the Milwaukee Journal Sentinel. She pointed to Biden’s “strong record of creating good-paying jobs, rebuilding our infrastructure, and lowering prescription drug prices”.Tommy Vietor, a former Obama administration staffer, wrote on X that the prosecutor’s comments were “just a rightwing hit job from within Biden’s own DOJ. Wild.”On MSNBC, which often previews the Democratic party line, the host Joe Scarborough addressed the conclusions by the special counsel that the president’s recall was “significantly limited” and he would not bring charges over classified documents in part because jurors would see Biden as a “well-meaning, elderly man with a poor memory”, not a criminal.“So bizarre,” Scarborough said. “Why in the world would [Hur] put his neurological assessment of Joe Biden in his report, and why would [US attorney general] Merrick Garland release garbage like that in a justice department report?”Dan Goldman, the Democratic congressman from New York, told the station that he did not have “any concerns” about Biden’s age or ability. “Remember, the job of the president is to guide our country. It is not to be a cheerleader for the United States. It is to govern our country,” he said.Referring to missing Hillary Clinton emails that became an issue on the eve of the 2016 election, Scarborough added: “It sure sounds like James Comey in 2016 when he couldn’t indict Hillary Clinton legally so he indicted her politically.”Vietor echoed that line, claiming Hur had “clearly decided to go down the Jim Comey path of filling his report absolving Biden of criminal activity with ad hominem attacks”.The long-shot Democratic primary challenger Dean Phillips, who is campaigning against Biden, said Hur’s report had “all but handed the 2024 election to Donald Trump”.skip past newsletter promotionafter newsletter promotion“The report simply affirms what most Americans already know, that the President cannot continue to serve as our Commander-in-Chief beyond his term ending January 20, 2025,” Phillips said in a statement.Behind closed doors, some Democrats expressed mounting concerns about a re-election narrative that focuses on Biden’s age. “It’s a nightmare,” a Democratic House member reportedly told NBC News. “It weakens President Biden electorally, and Donald Trump would be a disaster and an authoritarian.”“For Democrats, we’re in a grim situation,” the anonymous source reportedly added.Biden hit back at Hur’s characterization of his mental condition during a surprise press conference at the White House on Thursday evening. The president maintained that his memory was “just fine” and in a tense exchange said “I know what the hell I’m doing” and that remarks about his memory had “no place in this report”.“My memory is fine,” Biden said. “Take a look at what I’ve done since I’ve become president.”“For any extraneous commentary, they don’t know what they’re talking about,” he added. “It has no place in this report.”At the end of the interview, he referred to Egypt’s president, Abdel Fattah el-Sisi, as the “president of Mexico” in a response to a reporter’s query about the current situation in the Middle East. The error came after two other public gaffes this week in which Biden claimed to have spoken recently with two long-dead European leaders, Germany’s Helmut Kohl and France’s François Mitterrand.Polling has consistently shown that concerns about Biden’s age are seen as his greatest political liability in a rematch with Donald Trump.A poll by NBC News last month found that 76% of voters had major or moderate concerns when asked whether Biden has “the necessary mental and physical health to be president for a second term”. Asked the same question about the 77-year-old Trump, 48% said they had major or moderate concerns. More

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      Special counsel report on Biden a ‘partisan hit job’, Democrats say

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      Joe Biden, senior aides and political observers strongly criticised the special counsel, Robert Hur, for extensively discussing the president’s age and allegedly fading memory in his report on Biden’s retention of classified information from his time as a senator and as vice-president – which did not produce an indictment.Hur, who Donald Trump appointed US attorney for Maryland, “could not refrain from investigative excess”, said Bob Bauer, Biden’s personal counsel.Though this was “perhaps unsurprising given the intense pressures of the current political environment”, Bauer added, the final report “flouts Department [of Justice] regulations and norms”.Others raised the spectre of James Comey, the FBI director who in 2016 investigated Hillary Clinton over her use of private email in office. Declining to indict, Comey chose instead to publicly cast doubt on Clinton’s character, an act widely held to have helped tip the election to Trump.Speaking to Politico, an unnamed top Biden campaign official said Hur’s report “felt like a Comey moment”, as the special counsel had put his “thumb on the scale during an election season”.Dan Pfeiffer, a Barack Obama adviser turned commentator, called Hur’s report “a partisan hit job”.The oldest US president ever, Biden is now 81 and would be 86 by the end of a second term. Polling shows most Americans think he is too old.In late 2022, as Trump faced his own special counsel investigation regarding retention of classified information, Biden was discovered to have retained materials from his time as a senator from Delaware and as vice-president to Obama.Hur was appointed special counsel by Merrick Garland, the US attorney general. Then in private practice but also a former principal associate deputy attorney general, Hur was described by Andrew McCabe, a former FBI deputy director, as a “well-informed, industrious, hard-working guy”.A little over a year later, on Thursday, Hur issued his 388-page report.Biden’s memory “appeared to have significant limitations”, it said, also suggesting Biden would appear to any jury as “a well-meaning, elderly man with a poor memory”.“He did not remember when he was vice-president, forgetting on the first day of the interview when his term ended … and forgetting on the second day of the interview when his term began,” Hur wrote.“He did not remember, even within several years, when his son Beau died. And his memory appeared hazy when describing the Afghanistan debate that was once so important to him.”Trump – the probable Republican presidential nominee who at 77 faces his own doubts about mental fitness, even if fewer Americans say he is too old – seized on Hur’s report, particularly in the context of his own problems regarding classified records, the subject of 40 of 91 criminal charges across four cases.Some Trump allies called for the use of the 25th amendment to the US constitution, providing for the removal of a president deemed incapable.Biden reacted furiously. Regarding the claim he couldn’t remember the year (2015) of the death of his older son, the former Delaware attorney general Beau Biden, the president said: “How in the hell dare [Hur] raise that. Frankly … I thought to myself it wasn’t any of their damn business. I don’t need anyone to remind me when he passed away.“The simple truth is, I sat for a five-hour interview over two days of events going back 40 years. At the same time, I was managing an international crisis [the Hamas attacks on Israel on 7 October].“I’m well-meaning and I’m an elderly man and I know what the hell I’m doing. I’ve been president and I put this country back on its feet. I don’t need his recommendation.”skip past newsletter promotionafter newsletter promotionHur’s “extraneous commentary” had “no place in this report”, Biden added.Bauer elaborated: “The [DoJ] inspector general observed only a few years ago that high-profile investigations, such as those of a president, may be ‘subject to scrutiny not typical of the average criminal case, but that does not provide a basis for violating well-established department norms, and, essentially, ‘trashing’ the subject of an investigation’ with extraneous, unfounded and irrelevant critical commentary.“The inspector general added that it ‘violate[s] long-standing department practice and protocol’ to ‘criticise uncharged conduct’. The special counsel report fails that test as well.”Hur, Bauer said, “had no choice but to find that criminal charges were not warranted. He had other choices, which should have been guided by the department’s rules, policies, and practices, and he made the wrong ones.”The MSNBC host Joe Scarborough, an ex-Republican congressman, accused Hur of “irrelevant … politically charged, Trump-like ramblings”.“It sure sounds like James Comey, who couldn’t indict Hillary Clinton illegally so he decided to hold a press conference and indict her politically.”In his Message Box newsletter, Pfeiffer said the report was “very bad and poses some real political peril”.But he added: “Robert Hur is described in press reports as a ‘well-respected US attorney’ – and maybe he once was. But this report is a partisan hit job. He swerves out of his lane to drive a negative narrative about Biden, the same message the Republican party uses against Biden … generously describ[ing] memory lapses from others but hammer[ing] Biden for the same.“It’s hard to read the report and not think that, without the ability to charge Biden with a crime, Hur wanted to damage him politically.”Pfeiffer added: “If Biden acts like Hur says, we would all know. Biden meets with dozens of people daily … if [he] was regularly misremembering … or making other mistakes that suggested he was not up to the job, it would be in the press. Washington is not capable of keeping something like that secret.”Speaking to Politico, the unnamed Biden official said the campaign would seek to portray Hur as “a Maga guy”, meaning a Trump loyalist, but acknowledged that public perceptions about the president’s age persist.“The fact that he’s a senior citizen is not going to go away,” the Biden official said. More

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      Trump is too old and incited a coup. Biden is too old and mixes up names. America, how to choose? | Marina Hyde

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      To the US, where one likely candidate for the presidency delivers hour-long rambling speeches in which he explains that he’s going to be a dictator, but all the chat is about whether the other candidate has lost his marbles. And yes, let me pre-emptively apologise, because I can already tell that we will only be on about the third paragraph of this column before I have exhausted the Guardian’s approved list of euphemisms for being a couple of world leaders’ names short of a full set.Anyway, our business today is with the president, Joe Biden, who called an impromptu press conference on Thursday night in which he hotly insisted that his memory was just fine. The occasion was the publication of a justice department report that cleared Biden of criminal charges over his handling of highly classified materials. This year-long investigation was carried out by special counsel Robert Hur, who happens to be a registered Republican, and whose report specifically mentions the president’s “significantly limited” memory. Mr Hur says that part of the reason he didn’t bring charges was that “at trial, Mr Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.” Oh dear. A real muffin-basket of an attack-line gifted to Donald Trump there, and confirmation of my long-held conviction that fake sympathy is far deadlier a tone than open attack.Biden had almost left the stage last night when he returned to the podium to take a question on the Israel-Gaza conflict, in which he unfortunately referred to the Egyptian leader Abdel Fattah el-Sisi as “the Mexican president”. On the one hand, this was always going to happen just at the moment he was insisting his memory was great, just as it is a truth universally acknowledged that people correcting someone else’s grammar or spelling will normally involuntarily commit some howler of their own in the process. Call it the pedants’ curse – or indeed, the pedant’s curse.On the other hand … oh dear. According to polling, Biden’s age and cognitive glitches are his biggest vulnerability with voters. As for his likely opponent, for my armchair diagnosis, the most terrifying thing about Donald Trump is that he is completely sane (unless you count advanced narcissism, which I suppose we have to these days). But Trump is a mere three years younger than Biden, often walks with a wobble, and himself recently confused Nikki Haley with Nancy Pelosi in a rant. So is it fair that the one should face infinitely more scrutiny on the lost-plot front than the other?Alas, fairness isn’t one of the base notes of political life. I’m afraid we could be dealing with Ye Olde Vibes Theory of Politics (est 2022), which holds that the feels-based way in which a politician presents is more important than such trivialities as the facts or their record. Listen – I don’t make the rules. But during the first 2022 Conservative leadership contest in the UK, remainer Liz Truss presented as more Brexity to the party grassroots than leaver Rishi Sunak. Why? Vibes. Just … vibes.The vibes on Biden’s seniority are not great. Yes, he has led his country’s exceptional and internationally envied economic recovery from the pandemic, so the large rational part of me judges that unfair. But another part of me, perhaps the irrational, can no longer watch any Biden speech or address without picturing his aides also watching backstage, mainlining cortisol, every fibre of their brace-positioned beings willing him to get over the line without making any unforced errors – and to then exit the stage without trying to use a flag as a door.I’m sure this is complete fantasy and the only cortisol levels going through the roof are my own. Nevertheless: vibes. Can’t fight ’em. I remember my heart feeling similarly in my mouth during the aforementioned Tory leadership contest when runaway favourite Truss walked the wrong way off stage after her campaign launch. Did I think Liz Truss literally wasn’t even up to finding her way off a stage? Of course not. Rationally, I knew it was just a silly mistake, of the sort that all of us make every day. At the same time, the irrational half of me felt the satisfying click of the right key turning in the lock. I knew that Liz Truss metaphorically wasn’t even up to finding her way off a stage. There was some kind of ineffable psychological truth to it all that was far more powerful than the facts.As someone who believes the likely Republican candidate is hideously, overwhelmingly worse, I fear that Joe Biden is gearing up for a gruelling election at precisely this vibes-based disadvantage. Both he and Trump are at the stage of life when sensible ordinary people find the strength to turn to their families and ask: be honest, should I still be driving? Yet Trump’s great power is defying rationality, like some dark lord of the vibes. He is possessed of a mesmerising ability to make every single thing feel like it is playing into his hands, which is why we now all watch news reports of various criminal charges being brought against him and go, “Oh this’ll play well for him”. Will it? And if so, why should it? Who really knows, but the vibes say so.After the last time I touched on the gerontocracy in these pages, the Guardian printed three letters from older male readers under the headline, What’s age got to do with it, Marina Hyde? Ageism was mentioned, with one of the correspondents advancing details of how he spent his days, as an argument against what we might kindly have termed my own argument about when big hitters should leave the professional stage. Now, no one more than me welcomes a good bollocking on the letters page, and all the three men were very nice about the rest of my output. Thank you!However. At the risk of drawing further correspondence, I feel I still have to hold to the position that being president of the United States is not the same as “writing, teaching, and volunteering in a residential home”, and is a job for a younger man than either Biden and Trump. Not a younger woman, of course – that would be genuinely insane in the strictest clinical sense of the term. But younger than 86 at conclusion of office. So I end this column with a challenge: if any readers of this newspaper are able to get to the end of the lengthy forthcoming US election campaign and think it showcased a vibrant, healthy and sprightly democracy, then I urge them to write in on 6 November, and suggest mandatory retirement for me.
      Marina Hyde is a Guardian columnist More

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      Who tanked the border bill? – podcast

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      Illegal immigration via the US-Mexico border remains one of the most pressing problems for Congress. And yet the much anticipated $118bn border security bill, which included aid packages to Ukraine and Israel, was blocked by senators after a chaotic week.
      Why did this crucial piece of legislation with bipartisan support get rejected by the very people who demanded it? This week, Joan E Greve is joined by Marianna Sotomayor, the congressional reporter for the Washington Post, to discuss why the border bill failed

      How to listen to podcasts: everything you need to know More