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    Democrats plan defense as Republicans ramp up investigations into president and Hunter Biden – as it happened

    Republicans on the House judiciary committee have announced their own investigation of the classified documents found at Joe Biden’s home and former office, sending a letter to the attorney general, Merrick Garland, demanding details of the inquiry.“We are conducting oversight of the Justice Department’s actions with respect to former Vice President Biden’s mishandling of classified documents, including the apparently unauthorized possession of classified material at a Washington, D.C. private office and in the garage of his Wilmington, Delaware residence. On January 12, 2023, you appointed Robert Hur as Special Counsel to investigate these matters. The circumstances of this appointment raise fundamental oversight questions that the Committee routinely examines. We expect your complete cooperation with our inquiry,” the committee’s chair Jim Jordan along with congressman Mike Johnson said in a letter.The letter notes that the documents were first discovered just before the midterm elections in November, and accuses the justice department of departing “from how it acted in similar circumstances,” notable the inquiry into government secrets found at Donald Trump’s Mar-a-Lago resort. The committee members demand Garland turn over an array of documents related to the Biden investigation by 27 January.The investigation is the second to be announced by the House GOP since reports of the documents’ discovery first emerged this week. The other is being pursued by James Comer of the oversight committee, who is playing a major role in the Republicans’ campaign of investigations against the White House.Donald Trump’s organization was fined $1.6m by a judge after being convicted of tax fraud charges, but the Manhattan district attorney hinted that’s not the end of his investigation into the former president’s businesses. Meanwhile in Washington, House Republicans demanded more information about the classified documents found at Joe Biden’s home and former office, while the top Senate Democrat said special counsel Robert Hur should be allowed to look into the matter without interference.Here’s what happened today:
    Biden doesn’t trust his Secret Service detail, according to a new book about his presidency.
    Treasury secretary Janet Yellen warned the US government will soon hit its debt limit, and could run out of money by June.
    Special counsel Jack Smith wants to talk to two people hired by Trump’s attorneys to look for any secret materials in his possession.
    Congress will convene for the annual State of the Union address on 7 February.
    Who is George Santos really? Two Daily Beast reporters try to get to the bottom of the fabulist congressman’s saga in an interview with the Guardian’s Politics Weekly America podcast.
    Last week, the much-talked-about George Santos of New York was sworn into the House. The Democrats and even some Republicans think he should have resigned after he admitted to lying about a lot of things during his campaign.So who is the real George Santos? How likely is it that he’ll see out his full term in office? And does his success tell us more about the state of US politics than it does an individual’s misgivings? Jonathan Freedland and Will Bredderman of the Daily Beast discuss the man behind the lies on the Guardian’s Politics Weekly America podcast:Politics Weekly AmericaCan George Santos outrun his lies? Politics Weekly AmericaSorry your browser does not support audio – but you can download here and listen https://audio.guim.co.uk/2020/05/05-61553-gnl.fw.200505.jf.ch7DW.mp300:00:0000:29:31Attorney general Merrick Garland has asked Robert Hur to handle the investigation into Biden’s classified documents, putting a justice department veteran whose most recent government service was as a Donald Trump-appointed US attorney in a role that could upend his presidency.Semafor reports that Democrats remember his work as US attorney for Maryland fondly. “He handled himself with real professionalism when he was U.S. attorney in Maryland,” the state’s Democratic senator Ben Cardin said, while Jamie Raskin, a House Democrat from the state and noted Trump foe, said Hur had a “good reputation.”Rod Rosenstein, who was deputy attorney general under Trump, said Hur was his “point person” for dealing with one of the men the former president liked least: Robert Mueller, the special counsel who led the investigation into Russia’s meddling in the 2016 election.The House armed services committee is also requesting details about the classified documents found in Joe Biden’s possession.The committee’s Republican chair Mike Rogers earlier this week wrote to two defense officials requesting details on what the documents contained, and how they had been handled.You can read the letter below:Read the full letter here ⬇️https://t.co/Y98CJppa8M pic.twitter.com/7Yz5uCZqdV— Armed Services GOP (@HASCRepublicans) January 12, 2023
    Needless to say, this is turning into a headache for Democrats in Congress.The party has been on a roll lately, doing much better in the November midterms than expected and then being gifted with Republican disarray in the House and a surprisingly quiet presidential campaign from Donald Trump.Now, they’re back to playing defense after Joe Biden was found to be doing something similar to what has gotten Trump into so much trouble: possessing classified documents. There are substantial differences to the two cases, but party leaders nonetheless are being called upon to answer for their president.“It’s much too early to tell,” Senate majority leader Chuck Schumer today replied on CNN, when asked if he believes Biden broke the law. “I think president Biden has handled this correctly. He’s fully cooperated with the prosecutors … it’s total contrast to president Trump, who stonewalled for a whole year.”With special prosecutors looking into both men’s cases, Schumer called for patience. “We should let it play out, we don’t have to push them in any direction or try to influence them,” he said. “Let the special prosecutors do their job,” Schumer said, adding that he supports the appointment of Robert Hur to that role in the Biden case.You can watch the full interview here:Republicans on the House judiciary committee have announced their own investigation of the classified documents found at Joe Biden’s home and former office, sending a letter to the attorney general, Merrick Garland, demanding details of the inquiry.“We are conducting oversight of the Justice Department’s actions with respect to former Vice President Biden’s mishandling of classified documents, including the apparently unauthorized possession of classified material at a Washington, D.C. private office and in the garage of his Wilmington, Delaware residence. On January 12, 2023, you appointed Robert Hur as Special Counsel to investigate these matters. The circumstances of this appointment raise fundamental oversight questions that the Committee routinely examines. We expect your complete cooperation with our inquiry,” the committee’s chair Jim Jordan along with congressman Mike Johnson said in a letter.The letter notes that the documents were first discovered just before the midterm elections in November, and accuses the justice department of departing “from how it acted in similar circumstances,” notable the inquiry into government secrets found at Donald Trump’s Mar-a-Lago resort. The committee members demand Garland turn over an array of documents related to the Biden investigation by 27 January.The investigation is the second to be announced by the House GOP since reports of the documents’ discovery first emerged this week. The other is being pursued by James Comer of the oversight committee, who is playing a major role in the Republicans’ campaign of investigations against the White House.Joe Biden will make the annual State of the Union speech on 7 February, after the president accepted a formal invitation from House speaker Kevin McCarthy:It is my solemn obligation to invite the president to speak before a Joint Session of Congress on February 7th so that he may fulfill his duty under the Constitution to report on the state of the union. pic.twitter.com/YBmzLxs3Iz— Kevin McCarthy (@SpeakerMcCarthy) January 13, 2023
    In a statement confirming his attendance, White House press secretary Karine Jean-Pierre struck a bipartisan tone. “The President is grateful for and accepts Speaker McCarthy’s prompt invitation to address the peoples’ representatives in Congress,” she said. “He looks forward to speaking with Republicans, Democrats, and the country about how we can work together to continue building an economy that works from the bottom up and the middle out, keep boosting our competitiveness in the world, keep the American people safe, and bring the country together.”Looping back to Donald Trump’s legal troubles, here’s a little more about the situation in New York and beyond.The Trump Organization’s sentencing doesn’t end Trump’s battle with Manhattan district attorney Alvin Bragg, who said the sentencing “closes this important chapter of our ongoing investigation into the former president and his businesses. We now move on to the next chapter,” the Associated Press writes.Bragg, in office for little more than a year, inherited the Trump Organization case and the investigation into the former president from his predecessor, Cyrus Vance Jr.At the same time, New York attorney general Letitia James is suing Trump and the Trump Organization, alleging they misled banks and others about the value of its many assets, including golf courses and skyscrapers – a practice she dubbed the “art of the steal” – a parody of Trump’s long-ago bestselling ghostwritten book about getting rich The Art of the Deal.James, a Democrat, is asking a court to ban Trump and his three eldest children from running any New York-based company and is seeking to fine them at least $250 million. A judge has set an October trial date and appointed a monitor for the company while the case is pending.Trump faces several other legal challenges as he ramps up his presidential campaign.A special grand jury in Atlanta has investigated whether Trump and his allies committed any crimes while trying to overturn his 2020 election loss in Georgia.Last month, the House January 6 committee voted to make a criminal referral to the Justice Department for Trump’s role in sparking the violent insurrection at the US Capitol. The FBI is also investigating Trump’s storage of classified documents.During last year’s Trump Org trial, assistant district attorney Joshua Steinglass told jurors that Trump himself had a role in the fraud scheme, showing them a lease that the Republican signed himself for now-convicted finance chief Allen Weisselberg’s perk apartment that was kept off the tax books.“Mr Trump is explicitly sanctioning tax fraud,” Steinglass argued.Joe Biden this weekend will become the first sitting US president to speak at a Sunday service at Ebenezer Baptist church in Atlanta, Georgia, where civil rights leader Martin Luther King Jr was a pastor.Biden is expected to address the ongoing struggle to protect voting rights in the US, despite his failure a year ago to persuade Congress to pass key related legislation, to the exasperation of activists and organizers, especially in Georgia and the south.At the White House press briefing ongoing now, former Atlanta mayor Keisha Lance Bottoms, now senior adviser for public engagement at the White House, talked of the importance of the president’s visit this Sunday, ahead of Martin Luther King Day, the federal holiday that marks the birthday of the assassinated icon.She said that there was “more work to do” to protect democracy and acknowledged that the Biden administration’s two pieces of voting rights legislation have not made it through Congress.She noted that Biden has been invited to the church by Georgia’s recently re-elected Democratic senator Raphael Warnock, who is a pastor at the Ebenezer Baptist church. The church was also regularly attended by the late congressman and lifelong civil rights activist John Lewis.Biden will meet members of King’s family and leaders of the civil rights movement in Atlanta during his visit on Sunday and Monday.Lance Bottoms joined White House press secretary Karine Jean-Pierre, who pointed out that she and the former mayor are examples of “Black women who have broken barriers” on the shoulders of the civil rights movement.Donald Trump’s organization was fined $1.6m by a judge after being convicted of tax fraud charges, but the Manhattan district attorney hinted that’s not the end of his investigation into the former president’s businesses. Meanwhile in Washington, the Treasury secretary warned the US government will hit its legal borrowing limit on Thursday and could default in the summer, unless Congress acts to increase it. Republicans controlling the House have said they won’t cooperate unless government spending is cut, ensuring this is going to turn into a big fight at some point.Here’s what else has happened today so far:
    Joe Biden doesn’t trust his Secret Service detail, according to a new book about his presidency.
    The top House Republican government watchdog is trying to link his investigation into Hunter Biden’s business dealings with the inquiry into classified documents found at the president’s properties.
    Special counsel Jack Smith wants to talk to two people hired by Trump’s attorneys to look for any secret materials in his possession.
    The US government will hit the legal limit on how much debt it can carry on 19 January, but it should have enough money to operate until at least early June, Treasury secretary Janet Yellen said Friday.“I am writing to inform you that beginning on Thursday, January 19, 2023, the outstanding debt of the United States is projected to reach the statutory limit. Once the limit is reached, Treasury will need to start taking certain extraordinary measures to prevent the United States from defaulting on its obligations,” the secretary wrote in a letter to Republican House speaker Kevin McCarthy.“While Treasury is not currently able to provide an estimate of how long extraordinary measures will enable us to continue to pay the government’s obligations, it is unlikely that cash and extraordinary measures will be exhausted before early June.”Republicans in the House have signaled they won’t agree to increase the debt ceiling unless the Biden administration and its Democratic allies in Congress agree to reduce spending, though it remains unclear what areas of the budget the GOP wants to cut. Raising the borrowing limit is one of the few pieces of leverage House Republicans have over the Democrats, but the strategy is not without risks. A failure to increase the ceiling could lead to the United States defaulting on its debt for the first time in its history, likely with serious consequences for the economy.The Republican-controlled House Oversight Committee is attempting to make two alleged scandals into one: the investigation of classified materials found at Joe Biden’s properties, and their inquiry into his son Hunter Biden’s business activities.The committee’s chair James Comer has sent the White House a new demand for information about whether Hunter had access to the garage at Joe Biden’s Delaware residence where it was revealed yesterday some classified material was found:🚨 @RepJamesComer presses the White House about classified docs stashed at Biden’s Wilmington home.We have docs revealing this address appeared on Hunter’s driver’s license as recently as 2018, the same time he was cutting deals with foreign adversaries.Time for answers. pic.twitter.com/663qG3REm4— Oversight Committee (@GOPoversight) January 13, 2023
    Even before Biden took office, Republicans have been trying to find evidence of corruption in Hunter Biden’s business dealings, and of his father’s involvement. They have had mixed results in doing that, but this week’s revelations that classified materials were found at Biden’s residence and an office he once used in Washington DC have given them new material to attack his administration. Yesterday, the justice department appointed a special counsel to look into the matter.The trial of members of the Proud Boys militia group over their involvement in the January 6 insurrection is continuing in Washington DC, today with testimony from a Capitol police officer.Thomas Loyd’s testimony contains fresh reminders of the violence that day, as Politico reports:Radio transmissions show Capiotl Police leaders pleading with officers to get off the inaugural stage scaffolding, worried it was going to collapse. “If they’re going to lock the capitol down, we can’t be up here when they breach,” someone yells.— Kyle Cheney (@kyledcheney) January 13, 2023
    “They’re coming and we can’t stop them from breaching,” someone else says on the radio, as police were overwhelmed near the lower west terrace. There were repeated concerns about lack of “hard gear” for officers to defend themselves.— Kyle Cheney (@kyledcheney) January 13, 2023
    Joe Biden doesn’t trust his Secret Service detail, fearing that some of them remain loyal to Donald Trump, Vox reports, citing a new book about his presidency.“The Fight of His Life” by Chris Whipple chronicles the past two years of Biden’s presidency from a positive perspective, according to Vox, and in particular shows the degree to which he loathes his predecessor. Biden, for instance, believes the White House’s Resolute desk was “tainted” by Trump’s use and unsuccessfully asked to swap it out for one used by Democratic icon Franklin D Roosevelt.When it comes to the Secret Service, he minds what he says around them, believing that agents harbor sympathies for the former president. He also thinks they lied about an incident where his dog Major bit an agent. Reached by Vox, the White House wouldn’t comment directly on the book’s content. More

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    White House pledges to cooperate with special counsel over classified documents – as it happened

    Here’s the Guardian’s David Smith on what little we know about the reports that emerged yesterday of a second batch of classified materials found somewhere linked to Joe Biden, and how it compares to what was found at Donald Trump’s Mar-a-Lago resort:Joe Biden was facing fresh scrutiny over his handling of government secrets on Wednesday after a second batch of classified materials was reportedly found at a location linked to him.The White House was already on the defensive after revelations that classified documents were discovered last November in an office used by Biden after he served as US vice-president. On Tuesday he said he was “surprised to learn” of their existence.Then came a report from the NBC News network, followed by other media outlets, that said the president’s aides had found another set of classified documents at a separate location. The classification level, number and precise location of the material was not immediately clear, NBC News added.Biden under scrutiny as second batch of classified documents reportedly foundRead moreAttorney general Merrick Garland appointed former US attorney Robert Hur as special counsel to handle the inquiry into classified material found at Joe Biden’s home and former office. That means there are now two special counsels looking into the conduct of American presidents, the other being Jack Smith, who is overseeing the investigation of former president Donald Trump for the government secrets found at Mar-a-Lago, the January 6 insurrection and the broader plot to overturn the 2020 election. The decisions of Hur and Smith could have major consequences for American politics in the months to come.Here’s what else happened today:
    House Republicans said they’d mount their own investigation of the classified files found at the president’s properties.
    The House Democratic leader called on George Santos to resign for lying about his qualifications. Speaker Kevin McCarthy says the chamber’s ethics body will handle the complaints against the Republican lawmaker.
    Inflation is on the decline in the United States, according to government data released today.
    Hunter Biden has issues that are more significant than Democrats would like to admit, but may add up to less than Republicans believe, the New York Times reports.
    The daily sparring match is ongoing in the White House briefing room, as press secretary Karine Jean-Pierre parries questions from reporters wanting to know more about the classified documents inquiry.As the Guardian’s David Smith reports, Jean-Pierre wouldn’t get into whether Joe Biden would consent to an interview with investigators:Asked if Biden is willing to be interviewed by federal investigators, Jean-Pierre replies: “I’m just not going to get into hypotheticals… The president has said he takes classified documents and information very seriously.”— David Smith (@SmithInAmerica) January 12, 2023
    But she said the president does not know what was in the documents:Jean-Pierre on Biden: “He was surprised that the records were found. He does not know what was in them. That hasn’t changed.”— David Smith (@SmithInAmerica) January 12, 2023
    And didn’t have much more to say besides that:Jean-Pierre: “I’m not going to get into the decision that was made by the Attorney General… This is a president who believes in the independence of the justice department.”— David Smith (@SmithInAmerica) January 12, 2023
    Here’s more from Richard Luscombe on what we know about Robert Hur, the just-appointed special counsel tasked with getting to the bottom of how classified documents ended up in Joe Biden’s home and former office:Robert Hur, appointed on Thursday as special counsel in the case of Joe Biden’s retention of classified documents while out of office, is according to his LinkedIn profile a “seasoned trial lawyer, former supreme court law clerk and former US attorney … with decades of experience in government and in private practice”.An appointee of Biden’s predecessor, Donald Trump, the 50-year-old was US attorney for Maryland from 2018 to 2021 before becoming a partner at Gibson Dunn, a Washington law firm specializing in white-collar “enforcement, investigations and litigation”.Andrew McCabe, a former FBI deputy director turned CNN law enforcement analyst, said Hur was a “well-informed, industrious, hard-working guy”.Robert Hur: special counsel in Biden documents case was Trump appointeeRead moreA top Republican government watchdog in Congress announced he would open an investigation into the classified documents found at Joe Biden’s home and former office.“With or without a special counsel, the House Oversight and Accountability Committee will investigate President Biden’s mishandling of classified documents and the Swamp’s efforts to hide this information from the American people,” House oversight committee chair James Comer said in a statement.“The National Archives and Records Administration, the White House, and the Department of Justice were aware of the classified documents stashed in a closet at the Penn Biden Center before the election, and now we’ve learned classified documents kept in President Biden’s garage were found in December. There are many questions about why the Biden Administration kept this matter a secret from the public, who had access to the office and the residence, and what information is contained in these classified documents. Republicans will push for transparency, accountability, and answers for the American people.”Comer is leading the House GOP’s investigations of the Biden administration. Yesterday, he demanded records from the Treasury related to the president’s son Hunter Biden and other family members, as well as the testimony of former Twitter executives involved in the response to the publication of stories related to Hunter’s laptop in 2020.This is what George Santos’s days are like in the Capitol.He walks out of his office to a mob of reporters all wanting to know the same thing: will he resign after admitting to making up big parts of his resume? Yesterday, he said, he would not, but today, he caused some confusion by saying he’d do so if 142 people requested it. ABC News caught the moment:Rep Santos tells reporters “If 142 people ask for me to resign, I’ll resign.” pic.twitter.com/Q4jBHFUTVh— Lalee Ibssa (@LaleeIbssa) January 12, 2023
    According to NBC News, he appeared later in the day on Trump confidante Steve Bannon’s podcast to clarify that he would resign at the request of the 142,000 people who voted for him in the Republican’s New York district.House speaker Kevin McCarthy would consider releasing more surveillance footage from the January 6 assault on the US Capitol, despite the objections of police and the justice department, Politico reports.“I think the American public should actually see all what happened instead of a report that’s written for a political basis,” the Republican House leader said at his press conference today.Some footage has already been made public as part of court cases or the January 6 committee’s investigation, but much of the 14,000 hours of footage recorded by surveillance cameras that day remains held by Congress, Politico says. Both the justice department and Capitol police have objected to past efforts to release more of the video, saying it could help plan another attack.There are now two special counsels investigating two American presidents – one current, one former – related to the discovery of classified documents in their possession. The Guardian’s Richard Luscombe takes a look at what kind of trouble Joe Biden and Donald Trump could be in:The discovery of documents from the Biden-Obama administration in at least two locations linked to Joe Biden has been greeted with dismay by Democrats and glee by Republicans, given the extensive legal troubles that Donald Trump faces for taking classified papers to his Florida resort.Republicans believe the incident shows that Biden has committed the same transgression as the former president, and argue that the FBI raid on Mar-a-Lago and subsequent investigation were politically motivated point-scoring.But Democrats insist the two incidents are different legally, while acknowledging that they present a political problem for Biden that allows Republicans to go on the offensive.Classified documents: how do the Trump and Biden cases differ?Read moreThe Biden administration says it will cooperate with special counsel Robert Hur’s investigation into the classified documents found at the president’s Delaware home and at a former office in Washington DC:Statement from the White House on continued cooperation with the Justice Department and the Special Counsel: pic.twitter.com/pVS46b2KII— Ian Sams (@IanSams46) January 12, 2023
    Special counsel Robert Hur has released a statement following his appointment by attorney general Merrick Garland.“I will conduct the assigned investigation with fair, impartial, and dispassionate judgment. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,” Hur said.Merrick Garland closed his speech with a few words of support for Robert Hur.“I am confident that Mr Hur will carry out his responsibility in an even-handed and urgent matter, and in accordance with the highest traditions of this department,” he said.He ignored a question from a reporter about whether he’d spoken with Biden about the investigation.In his brief speech, Merrick Garland gave a timeline of how the document discovery unfolded behind the scenes.He confirmed that last November, he ask John Lausch, the Trump-appointed US attorney for the northern district of Illinois, to look into whether the materials found in an office formerly used by Biden in Washington DC warranted the appointment of a special counsel.The following month, a personal lawyer for Biden informed Lausch that more classified items were found in Biden’s garage at his home in Wilmington, Delaware, Garland said. These were turned over to the FBI. Garland also noted that Lausch was informed this morning by Biden’s attorney that another classified document was found at the president’s Wilmington home.Last week, Lausch informed Garland that he believed the matter warranted such an appointment, but he was unable to fill the role himself. Garland chose Robert Hur, another Trump appointee who stepped down as US attorney for Maryland after Biden took office, for the role.“I strongly believe that the normal processes of this department can handle all investigations with integrity,” Garland said. “But under the regulations, the extraordinary circumstances here require the appointment of a special counsel for this matter.”Merrick Garland named the special counsel as Robert Hur, who served as US attorney for Maryland from 2018 to 2021.He was nominated to that role by Biden’s predecessor, Donald Trump.Attorney general Merrick Garland has announced the appointment of a special counsel to handle the inquiry into classified documents found at Joe Biden’s properties.Follow this blog for more.Oliver Milman reports on a key issue occupying Washington this week…Joe Biden has ruled out any ban of gas stoves in the US, following a furious backlash from Republicans to suggestions they could be phased out due to their contribution to indoor air pollution linked to childhood asthma and other conditions.Biden “does not support banning gas stoves”, Karine Jean-Pierre, the White House press secretary, said on Wednesday. Jean-Pierre added that the Consumer Product Safety Commission (CPSC), the federal agency responsible for consumer safety, “is not banning gas stoves. I just want to be very clear on that.”The president’s intervention follows the possibility of a ban raised by Richard Trumka Jr, a CPSC commissioner, who called gas stoves a “hidden hazard” and said any option restricting their ongoing sale was “on the table”. In December, Trumka said that “we need to be talking about regulating gas stoves, whether that’s drastically improving emissions or banning gas stoves entirely”.Gas stoves have become a target for public health advocates, as well as climate campaigners, due to their leakage even when turned off of pollutants such as carbon monoxide and formaldehyde. The biggest concern is over their emission of nitrogen dioxide, which can trigger cardiovascular problems and cause the inflammation of airways.Read on…Biden rules out gas-stove ban after Republican backlashRead moreHere’s a thought-provoking lunchtime, pre-DoJ presser read from Trevor Timm, executive director of the Freedom of the Press Foundation, about Joe Biden’s classified-document problem, how it compares to Donald Trump’s retention of such papers and why the Espionage Act itself is the problem…With Joe Biden now embroiled in his own classified documents controversy, partisan commentators will surely have a field day playing the tired old game of “no, you endangered national security.” Instead, I’d like to focus on the real issues: the overly broad and often-abused Espionage Act and the massive, draconian secrecy system that does far more harm than good in the United States.This should be yet another wake up call that both the classification system and the Espionage Act need a dramatic overhaul. The question is — as more secret documents are found at a second Biden location and Donald Trump’s special prosecutor continues to work — will anyone listen?Now, before someone accuses me of “both side-ing” the separate Trump and Biden scandals here: no, they are not the same. Trump had mountains of secret documents he purposefully absconded with that he both refused to give back and arguably lied to authorities about. Whereas it seems Biden’s team actually alerted the authorities that the president had them in his office and is fully cooperating in their return.But here’s the thing: that doesn’t mean Biden didn’t potentially violate the Espionage Act – at least according to some legal experts.That’s because the Espionage Act is incredibly broad and spares no one.Read on…Joe Biden may have broken the Espionage Act. It’s so broad that you may have, too | Trevor TimmRead moreA growing number of Republicans are calling for George Santos to resign, though as yet party leaders have not moved against the newly elected congressman whose resumé has been shown to be largely fictional and whose campaign finances are the subject of formal complaints.Hakeem Jeffries, the Democratic minority leader in the House, had stern words for Santos and Republican leaders when he spoke to reporters earlier:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}He’s a complete and total fraud. He lied to the voters of the third congressional district in New York. He deceived and connived his way into Congress, and is now the responsibility of House Republicans to do something about it.
    “This is not a partisan issue, but it is an issue that Republicans need to handle. Clean up your house. You can start with George Santos.”Six New York Republicans have called for Santos to quit. Santos has said he will not.Of a move earlier this week by two New York Democrats, Daniel Goldman and Ritchie Torres, to hand-deliver to Santos their request for an investigation of his campaign finances, Jeffries said: “I was well-aware of their decision to do so.“But any matters before the ethics committee are before the ethics committee, and should be resolved by members of the ethics committee.”Kevin McCarthy would seem – up to a point – to agree. The Republican House speaker told reporters today: “What I find is that voters have elected George Santos. If there is a concern he will go through ethics. If there is something that is found it will be dealt with in that manner. But they [voters] have a voice in this process.”Read on:More Republicans call for George Santos to resign over fictional resuméRead moreAttorney general Merrick Garland has a public address planned for 1.15pm eastern time after a second batch of classified materials was found at Joe Biden’s house in Delaware. Garland may indirectly respond to calls from Republicans to appoint a special prosecutor to handle the matter, as he did for the government secrets found at Donald Trump’s Mar-a-Lago resort. Follow this blog for the latest from his press conference as it happens.Here’s what else has happened so far today:
    The House Democratic leader has called on George Santos to resign for lying about his qualifications. Speaker Kevin McCarthy says the chamber’s ethics body will handle his case.
    Inflation is on the decline in the United States, according to government data released today.
    Hunter Biden has issues that are more significant than Democrats would like to admit, but may add up to less than Republicans believe, the New York Times reports.
    The trial of five members of the Proud Boys militia group has started today in Washington DC, Politico reports. The group is facing seditious conspiracy charges related to the January 6 attack on the US Capitol:NOW: The Proud Boys seditious conspiracy jury is in the courtroom and being sworn in. DOJ opening arguments should begin momentarily.— Kyle Cheney (@kyledcheney) January 12, 2023
    MCCULLOUGH starts with reciting history of peaceful transfer of power”On Jan. 6, 2021, these men — Enrique Tariro, Ethan Nordean, Joe Biggs, Zacahry Rehl and Dominic Pezzola — sought to change that history.”“These men did not stand back. They did not stand by. They mobilized”— Kyle Cheney (@kyledcheney) January 12, 2023
    In November, the founder of the Oath Keepers, another militia group involved in the insurrection, was found guilty of the same charge by a federal jury, along with a co-defendant.Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracyRead more More

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    Trump appointee named special counsel in Biden papers investigation

    Trump appointee named special counsel in Biden papers investigationRobert Hur chosen by US attorney general after classified materials discovered in Delaware and Washington 02:47The US attorney general, Merrick Garland, appointed a special counsel on Thursday to investigate Joe Biden’s retention of classified documents from his time as vice-president.The documents were discovered to have been stored in his garage at his home in Delaware and in office space in Washington DC.White House confirms second set of classified documents found at Biden Delaware property – liveRead moreThe move to name Robert Hur, a former Trump-appointed federal prosecutor and former top justice department official, was a rapid decision from Garland to insulate the department from possible accusations of political conflicts or interference.Hur will be responsible for investigating the potential unauthorized removal and retention of classified documents at Biden’s home and his former thinktank, and will have the authority to prosecute any crimes resulting from the investigation, the order signed by Garland said.“I will conduct the assigned investigation with fair, impartial and dispassionate judgement. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,” Hur said in a statement released by the justice department.The decision to appoint a special counsel comes at a fraught moment for Garland, who only just named Jack Smith in November to serve as special counsel investigating Donald Trump’s unauthorized retention of national security material and his role in the January 6 Capitol attack.Speaking at justice department headquarters in Washington, Garland said “extraordinary circumstances” – namely that the president, to whom he and the department reports, could yet become ensnared in the investigation – necessitated an independent prosecutor to oversee the inquiry.The announcement comes amid growing scrutiny of whether Biden was involved in taking the documents to either his Delaware home or the office space at the University of Pennsylvania’s Biden Center for Diplomacy in Washington, where he was an honorary professor until 2019.Special counsels are prosecutors with more independence than other federal prosecutors, who can be installed for high-profile investigations when there are conflicts of interest or the appearance of such conflicts, though they ultimately answer to the attorney general.The Biden special counsel will examine approximately 10 classified documents found at the thinkthank, which included US intelligence memos and some materials marked as Top Secret/Secret Compartmented Information, and an unconfirmed additional number of classified documents that were in the garage and a storage space nearby.02:47From the information released so far, there are major differences between the Biden case and that involving Trump, who retained hundreds of classified documents and only partially complied with a grand jury subpoena that led to the FBI search of Mar-a-Lago last August.By contrast, Biden and his lawyers proactively returned the classified documents dating back to the Obama administration when he was vice-president to the government as soon as they were discovered. Biden was also not responding to a grand jury subpoena.Biden’s personal lawyers found the first set of documents at the Penn Biden Center on 2 November and alerted the National Archives and the justice department. The archives then issued a formal referral, leading Garland to task the Trump-appointed US attorney John Lausch to conduct a review.Biden’s lawyers then found additional classified documents in Delaware on 20 December. On 5 January, Lausch recommended that Garland appoint a special counsel to conduct an investigation. Lausch added it could not be him, since he was due to return to private practice, according to a source familiar with the matter.The revelation about the new documents came hours after the White House press secretary, Karine Jean-Pierre, said the White House was committed to handling the matter in the “right way”, pointing to Biden’s personal attorneys’ immediate notification of the National Archives.“As my colleagues in the counsel have stated and said to all of you yesterday, this is an ongoing process under the review of the Department of Justice. So we are going to be limited on what we can say here,” Jean-Pierre said.Before the special counsel appointment, Biden told reporters: “I’m going to get a chance to speak on all this, God willing, soon. People know I take classified documents and classified material seriously. I also said we’re cooperating fully and completely with the justice department’s review.”The top Republican on the House intelligence committee has since requested that the US intelligence community conduct a “damage assessment” to assess the impact of their storage in an unauthorized location.In a statement on his Truth Social platform shortly before Garland spoke on Thursday, Trump said Garland should “immediately end special counsel investigation into anything related to me because I did everything right, and appoint a special counsel to investigate Joe Biden who hates Biden as much as Jack Smith hates me”.According to a justice department biography, Hur’s prosecutorial career has included cases including gang violence, drug trafficking and domestic terrorism, as well as white-collar crime such as fraud, tax offenses, intellectual property theft and public corruption.Hur graduated from Harvard College and received his law degree from Stanford. He clerked for Chief Justice William Rehnquist before working for the current FBI director, Christopher Wray, when he ran the justice department’s criminal division during the George W Bush administration.Most recently, he was a partner at the highly esteemed law firm Gibson, Dunn and Crutcher after he left the justice department at the end of the Trump administration, where he served as the principal associate deputy attorney general, the top adviser role to the deputy attorney general.TopicsJoe BidenDelawareUS politicsnewsReuse this content More

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    US attorney general outlines investigation into classified documents found at Biden’s home – video

    The US attorney general, Merrick Garland, has announced the appointment of a special counsel to investigate the retention of classified documents by President Joe Biden from his time as vice-president. Speaking in Washington DC, Garland outlined the events that led to the announcement, confirming that further classified documents had been found at Biden’s home in Delaware. Prior to the statement, the White House said the search for secret materials from Biden’s time under President Barack Obama had concluded

    Special counsel appointed to investigate Biden’s retention of classified documents
    White House pledges to cooperate with special counsel over classified documents – live More

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    Classified documents: how do the Trump and Biden cases differ?

    ExplainerClassified documents: how do the Trump and Biden cases differ?The president and his predecessor have each retained secret papers but what do we know and what happens next? The discovery of documents from the Biden-Obama administration in at least two locations linked to Joe Biden has been greeted with dismay by Democrats and glee by Republicans, given the extensive legal troubles that Donald Trump faces for taking classified papers to his Florida resort.More classified documents found in garage at Biden’s Delaware homeRead moreRepublicans believe the incident shows that Biden has committed the same transgression as the former president, and argue that the FBI raid on Mar-a-Lago and subsequent investigation were politically motivated point-scoring.But Democrats insist the two incidents are different legally, while acknowledging that they present a political problem for Biden that allows Republicans to go on the offensive.So what is the real situation? Here are the key points to know:What actually has happened?The FBI search at Mar-a-Lago last summer discovered more than 11,000 documents and photos from the Trump administration. They reportedly included highly classified intelligence material as well as more mundane papers. Subsequently more documents were also found.With Biden, the papers are much smaller in number and hail from his time as vice-president to Barack Obama. The first batch was found at a Washington thinktank linked to Biden, and more documents, including some marked classified, were found by lawyers in a garage and storage room during a search of Biden’s home in Wilmington, Delaware.Legally, how serious is this for Trump and Biden?Both situations are being investigated by the US Department of Justice, which will look into the behavior and possible motivations for taking the documents.Trump appears to have willfully obstructed efforts to recover them, leading to the FBI raid, and the decision by the attorney general, Merrick Garland, to launch a criminal inquiry and appoint a special counsel to weigh charges on the issue as part of a broader brief looking at investigations into Trump.With Biden, his team said they cooperated fully and immediately returned the documents to the National Archives as soon as they were discovered. Garland has asked John Lausch, a Trump appointee as US attorney for the northern district of Illinois, to conduct a review, but has initially resisted Republican calls for a criminal investigation or special counsel.What’s in the documents?In neither case is that entirely clear, although the Trump documents are reported to have included an unidentified foreign power’s nuclear secrets and other military capabilities.The Biden documents also reportedly contained classified papers commingled with non-classified materials, with the subjects and content yet unknown.Notably, however, the Trump papers included some dated after his presidency, suggesting he had them while no longer authorized. All of Biden’s seem to be dated while he was in office as vice-president.What’s the political fallout?The Mar-a-Lago raid had mixed impact for Trump. Many Republicans despaired at having to defend the former president, while others backed his claims that he was being unfairly targeted.The Trump team will attempt to exploit Biden’s misfortunes as he pursues his 2024 run to recapture the presidency, while the new Republican majority in the House can, if it wishes, launch its own investigation into the Biden documents.For Democrats, the discovery of the documents is an unexpected and unwanted political headache. It dilutes their outrage at Trump’s possession of classified papers and hands Republicans an easy talking point on what had previously been a thorny issue.What are the Trump and Biden camps saying?The White House issued a statement on Thursday from Richard Sauber, special counsel to the president, conceding “a small number” of documents with classified markings were found among personal and political papers at Biden’s Wilmington home, but didn’t say when. It stressed the president’s lawyers were “fully cooperating with the National Archives and Department of Justice”.Trump, in a predictable response on his Truth Social network, demanded to know when the FBI would “raid the many homes of Joe Biden, perhaps even the White House”.TopicsDonald TrumpJoe BidenUS politicsexplainersReuse this content More

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    Joe Biden may have broken the Espionage Act. It’s so broad that you may have, too | Trevor Timm

    Joe Biden may have broken the Espionage Act. It’s so broad that you may have, tooTrevor TimmThe Espionage Act is incredibly broad and spares no one. Readers of this newspaper may even have violated it With President Joe Biden now embroiled in his own classified documents controversy, partisan commentators will surely have a field day playing the tired old game of “no, you endangered national security.” Instead, I’d like to focus on the real issues: the overly broad and often-abused Espionage Act and the massive, draconian secrecy system that does far more harm than good in the United States. This should be yet another wake up call that both the classification system and the Espionage Act need a dramatic overhaul. The question is — as more secret documents are found at a second Biden location and Trump’s special prosecutor continues to work — will anyone listen?Now, before someone accuses me of “both side-ing” the separate Trump and Biden scandals here: no, they are not the same. Trump had mountains of secret documents he purposefully absconded with that he both refused to give back and arguably lied to authorities about. Whereas it seems Biden’s team actually alerted the authorities that the president had them in his office and is fully cooperating in their return. But here’s the thing: that doesn’t mean Biden didn’t potentially violate the Espionage Act – at least according to some legal experts. That’s because the Espionage Act is incredibly broad and spares no one. As I’ve explained before, even using the Espionage Act to go after Trump should not be cheered on by Democrats. Instead of actual spies, the hundred year-old law is usually abused to prosecute whistleblowers and threaten journalists. But it’s actually so broad that if you are a longtime reader of the Guardian, you’ve probably technically broken the law too!“Whoever having unauthorized possession of, access to, or control over any document…relating to the national defense…willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it” is in violation of the statute. The Guardian, like every other major newspaper reporting on US news, has published documents the government considers classified or “national defense information.” The Snowden files are only one example; there are likely countless others. Thankfully the First Amendment should ultimately protect both the Guardian and its readers from prosecution. (Ironically, first the Trump administration, and now the Biden administration may be trying to change that with its unprecedented and dangerous charges against WikiLeaks founder Julian Assange.) Regardless, such an overly broad and dangerous law should not be on the books in the first place. The reason the Justice Department is able to potentially wield it over so many people is because the secrecy system itself is irrevocably broken. The US government has a massive overclassification problem – and that’s not just my opinion as a transparency advocate. Even the people who have been in charge of administering the secrecy system often denounce it once they leave government.Tens or hundreds of millions of documents are classified per year. A tiny fraction will ever see the light of day, despite the fact the vast majority never should have been given the “secret” stamp in the first place. Of all the money spent on the classification system, less than half of one percent is spent on de-classification.The system is set up so the government has every incentive to claim any information is of the utmost sensitivity because they know anyone they prosecute cannot challenge their classification decisions. And it doesn’t matter that, time and again, they have been shown to grossly exaggerate or lie about the true nature of those supposed “secrets.” No one is ever punished for overclassifying information, yet plenty of people go to prison for disclosing information to journalists that never should have been classified to begin in. Even efforts to reform the secrecy system end up classified themselves. Take the reporting on the Biden controversy. CNN reported that the “classified materials included some top-secret files with the ‘sensitive compartmented information’ designation, also known as SCI, which is used for highly sensitive information obtained from intelligence sources.” They cited an anonymous source (almost certainly law enforcement). Yet CNN also said that a “White House official characterized the documents as ‘fewer than a dozen,’ … none of which are ‘particularly sensitive’ and ‘not of high interest to the intelligence community.’”So which is it? Maybe somebody’s lying. Or maybe it’s all Top Secret and also basically nothing, because the US government classifies everything. As journalist Jeremy Scahill pointed out, political elites constantly mishandle classified documents, but never receive the severe punishment lower level whistleblowers do when they commit same or similar crimes. It’s true there is a severe double standard that has ruined the lives of so many brave whistleblowers. But maybe, just maybe, now that the classification system has ensnared each of the last two presidents, people will start coming to their senses: tear down the US secrecy system before it tears down its next victim.
    Trevor Timm is executive director of the Freedom of the Press Foundation
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    Biden under scrutiny as second batch of classified documents reportedly found

    Biden under scrutiny as second batch of classified documents reportedly foundAnother set of materials discovered at a separate location, as White House addresses first discovery at Biden’s institute Joe Biden was facing fresh scrutiny over his handling of government secrets on Wednesday after a second batch of classified materials was reportedly found at a location linked to him.The White House was already on the defensive after revelations that classified documents were discovered last November in an office used by Biden after he served as US vice-president. On Tuesday he said he was “surprised to learn” of their existence.Then came a report from the NBC News network, followed by other media outlets, that said the president’s aides had found another set of classified documents at a separate location. The classification level, number and precise location of the material was not immediately clear, NBC News added.In the case of the classified documents, it’s more serious for Trump than BidenRead moreThe allegation handed fresh ammunition to Republicans seeking to draw a false equivalence with a justice department investigation into former president Donald Trump’s mishandling of classified documents at his Mar-a-Lago residence in Florida.Josh Hawley, a Republican senator for Missouri and ardent Trump defender, responded to the disclosure by tweeting: “Special counsel”.Biden maintained an office at the Penn Biden Center for Diplomacy and Global Engagement, a thinktank in Washington, after he left the vice-presidency in 2017 until shortly before he launched his 2020 presidential campaign. It was affiliated with the University of Pennsylvania and continued to operate independently of the Biden administration.Richard Sauber, special counsel to the president, has said “a small number of documents with classified markings” were discovered on 2 November 2022 in a locked closet at the centre as Biden’s personal lawyers were clearing out the offices. According to Sauber, the lawyers immediately alerted the White House counsel’s office, which notified the National Archives, which took custody of the documents the next day.But it remains unclear why the administration waited more than two months to acknowledge the discovery of the records and what exactly they contain. Trump weighed in on his social media site, demanding: “When is the FBI going to raid the many homes of Joe Biden, perhaps even the White House?”At a press conference in Mexico on Tuesday, Biden said he takes classified documents “seriously” and his team acted appropriately by quickly turning the documents over. “They did what they should have done. They immediately called the Archives.”But a day later his spokesperson, Karine Jean-Pierre, faced tough questioning from a White House press corps starved of scandal since the end of the Trump presidency. She declined to say how the documents came to be at the office or when Biden was informed of their existence or provide assurances that other materials would not come to light.“I know you all are going to have a lot of questions on this but at this time I’m not going to go beyond what the president said yesterday,” Jean-Pierre said. “I’m not going to go beyond what my colleagues from the White House counsel shared with many of you as well on Monday. I want to be prudent here and make sure that my colleagues really truly handle this issue.”Asked why it had taken so long for the existence of the document to be disclosed, she replied: “This is under review by the Department of Justice.”There was an unusually acrimonious exchange with Ed O’Keefe, senior White House correspondent of CBS News, who pointed out that Biden had started his tenure by acknowledging that he would make mistakes and be transparent about them. Jean-Pierre retorted: “We don’t need to have this kind of confrontation. Ask your question.”Attorney general Merrick Garland has reportedly asked US attorney for the northern district of Illinois John Lausch – one of the few US attorneys to be held over from Trump’s administration – to review the matter after the Archives referred the issue to the department.The situation contrasts sharply with that of Trump, who had around 300 documents with classification markings, including some that were recovered in an FBI search after his lawyers provided a sworn certification that all government records had been returned.In November Garland appointed Jack Smith, a veteran war crimes prosecutor with a background in public corruption cases, to lead investigations into Trump’s retention of classified documents, as well as key aspects of a separate investigation regarding the January 6 attack on the US Capitol.But such distinctions are likely to be lost for many voters, especially as Republicans and rightwing media capitalise on the apparent misstep and accuse the justice department of double standards. Reports of a second batch of documents are likely to add fuel to the fire.Congressman Jim Jordan, chair of the House of Representatives’ judiciary committee, said the American public deserved to know earlier about the revelation of Biden’s classified documents.“They knew about this a week before the election, maybe the American people should have known that,” he told reporters. “They certainly knew about the the raid on Mar-a-Lago 91 days before this election, but nice if on November 2, the country would have known that there were classified documents at the Biden Center.”Congressman Mike Turner of the House intelligence committee has requested that the US intelligence community conduct a “damage assessment” of the documents found at the Penn Center.The White House did not respond to a request for comment.TopicsJoe BidenBiden administrationUS politicsnewsReuse this content More

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    House’s Republican majority gets to work with two abortion measures – as it happened

    The first days of a new Congress are typically when the party in charge lays out its priority, and today, it’s the turn of abortion foes.The two measures the Republican-led House will consider don’t amount to the sort of draconian laws some abortion foes would like to see passed, and supporters of the procedure fear. They are not, for instance, the nationwide abortion ban Republican senator Lindsey Graham proposed last year.Rather, they target more niche aspects and consequences of the procedure. One is a resolution condemning attacks on churches, groups and facilities that work against abortion. The other is the Born-Alive Abortion Survivors Protection Act, which is intended to protect the rights of babies born after surviving an attempted abortion. Abortion rights advocate argue their rights are already secured by a 2002 law, and just last November, voters in Montana rejected a similar measure that was on their ballots.Democrats are telling their members to vote against both measures.Republicans in the House are set to pass two measures concerning abortion later this afternoon, one a resolution condemning violence against opponents of the procedure, the other a bill meant to protect the life of babies who survive abortions. Democrats oppose both. Meanwhile, GOP officials in New York have called on George Santos to resign from Congress after he admitted to lying about his qualifications, but he says he’s not going anywhere.Here’s what else happened today:
    Domestic flights resumed across the United States after all departures were briefly halted this morning by a systems failure at the Federal Aviation Administration.
    The top Republican investigator in the House demanded documents from the Treasury related to Hunter Biden and other members of the president’s family. He also wants testimony from three former Twitter executives involved in the platform’s temporary banning of the New York Post after it reported on the discovery of Biden’s laptop.
    Republicans tried their best to get voters riled up over gas cookstoves.
    Joe Biden’s aides found more classified documents at a location he once used, though further details are scarce.
    Virginia’s Republican governor is unlikely to be able to ban abortion after 15 weeks, after Democrats flipped a state Senate seat in a special election.
    Another batch of classified documents has turned up at a location used by Joe Biden that is separate from the Washington DC office where the first cache was discovered in November, NBC News reports.The president has faced scrutiny ever since reports emerged this week that approximately 10 papers bearing government classification markings and dating to his time as vice-president were found at an office once used by Biden. According to NBC, the latest cache was found by aides to the president, though details of the documents’ content and how many were found were not available. NBC reports the documents were discovered after the president ordered a search for any other classified documents that may have been taken from the White House when he departed in January 2017 at the end of Barack Obama’s presidency.At 4 pm, the House is scheduled to vote on a GOP-proposed resolution and bill concerning abortion.But first, the Democrats will try to attach an amendment to the Born-Alive Abortion Survivors Protection Act, which is meant to protect babies who survive the procedure. The proposed amendment would “prohibit government restrictions on abortion care,” according to Democratic whip Katherine Clark’s office. “This would include any limits to providers’ ability to prescribe certain drugs, offer abortion counseling services via telemedicine, or provide emergency abortion services when a delay would risk the health of the mother.” Republicans are certain to vote this proposal down.The chamber will then consider both the born-alive act and the resolution condemning violence against anti-abortion groups. Clark’s office is encouraging Democrats to vote against both, saying the resolution does not contain “any acknowledgment of violent attacks on providers or facilities that offer abortion care,” and the born alive bill “unnecessarily restates current law requiring a doctor to provide the same standard of medical care for an infant born during an abortion procedure as they would for any other infant.”Republicans have the numbers to pass both, but at this stage, the effort is more about signaling priorities to GOP voters than changing the law. When the born-alive act arrives in the Senate, it is unlikely to be considered by its Democratic leadership.The calls for George Santos to resign have spread from county level Republicans to the state party, Politico reports:INBOX: NY state GOP backs call for Rep. George Santos’ resignation pic.twitter.com/fIr0uSzDJX— Kyle Cheney (@kyledcheney) January 11, 2023
    White House press secretary Karine Jean-Pierre was asked at her daily briefing about the classified documents discovered at an office formerly used by Joe Biden, and she said… not much.The Guardian’s David Smith was in the White House briefing room to experience the illuminating exchange up close:Jean-Pierre on Biden’s classified documents: “He was surprised to find any records were there. He doesn’t know what’s in them… As he said, his team is cooperating fully with the review… We are committed to doing the right thing.”— David Smith (@SmithInAmerica) January 11, 2023
    Jean-Pierre: “This is under review by the Department of Justice. I’m not going to go beyond what the president shared yesterday.”— David Smith (@SmithInAmerica) January 11, 2023
    Reporters are wont to press, and press they did, at which point it grew a little heated:Ed O’Keefe of CBS News notes that Biden acknowledged that he would make mistakes and ask for help fixing them. Jean-Pierre replies: “We don’t need to have this kind of confrontation. Ask your question… You don’t need to be contentious here with me, Ed.”— David Smith (@SmithInAmerica) January 11, 2023
    Asked if Biden is looking into whether there might be more classified documents elsewhere, Jean-Pierre replies: “I’m just not going to speak to this. I’m going to let the process continue.”— David Smith (@SmithInAmerica) January 11, 2023
    Joe Biden has joined Donald Trump in the club of current or former American presidents who may be in trouble over classified documents. But as the Guardian’s Hugo Lowell reports, the two men are not facing identical peril:Donald Trump’s retention of documents marked classified at his Mar-a-Lago resort has aggravating factors that might support his criminal prosecution unlike the discovery of some documents also marked classified stored at Joe Biden’s former institute from his time as vice-president, legal experts said.The US justice department has clear criteria for prosecuting people who intentionally mishandle highly sensitive government documents, and the facts of the Trump documents case appear to satisfy more elements than in the Biden documents case.Broadly, the Department of Justice has typically pursued prosecutions when cases have involved a combination of four factors: wilful mishandling of classified information, vast quantities of classified information to support an inference of misconduct, disloyalty to the United States and obstruction.The criminal investigation into Trump touches on at least two of those elements – obstruction, where a person conceals documents with an intent to impede a government agency, and the volume of classified materials at Mar-a-Lago – unlike the Biden case, which appears to touch on none.In the case of the classified documents, it’s more serious for Trump than BidenRead moreWhile they may have momentum in the US House, anti-abortion groups continue to lose ground at the state level, with a special election in Virginia bringing the latest setback for their movement.Last night, Democrat Aaron Rouse claimed victory in the race for a vacant seat in Virginia’s state Senate, which, if confirmed, would expand the party’s margins in the chamber. It would also mean Republican governor Glenn Youngkin would not have the votes he needs to pass a proposed ban on abortions after 15 weeks of pregnancy, which he unveiled last month.Abortion rights have faired well at ballot boxes ever since the supreme court last year overturned Roe v Wade. In the November midterms, voters rejected new limits on abortion or expanded access in every state where it was on the ballot.Earlier this morning in the Capitol, George Santos kept it to the point with a quick “I will not,” when asked if he would resign.He was a bit more loquacious on Twitter this afternoon: I was elected to serve the people of #NY03 not the party & politicians, I remain committed to doing that and regret to hear that local officials refuse to work with my office to deliver results to keep our community safe and lower the cost of living.I will NOT resign!— George Santos (@Santos4Congress) January 11, 2023
    Ahead of the introduction of two anti-abortion measures in the newly Republican-controlled House, one House Republican said her party was “tone deaf” on the issue.Nancy Mace, of South Carolina, told NBC on Tuesday: “We have been tone deaf on this issue since the time that Roe was overturned.”Roe v Wade, the 1973 ruling which protected abortion rights, was overturned by the ruling in Dobbs v Jackson which the conservative-dominated supreme court handed down last June.Extensive evidence, including Republicans’ disappointing performance in the midterm elections in November, suggests the ruling was drastically out of step with public support for abortion rights, which runs around 60%.“We buried our heads in the sand,” Mace said. “We didn’t have any policy alternatives. We were not compassionate to both sides of the aisle on this argument.”Mace also told NBC her party was “paying lip service to the pro-life movement” and said anti-abortion measures introduced in this Congress were “never going to pass the Senate. It’s never going to get to the president’s desk to be signed into law.“If you want to make a difference and reduce the number of abortions with a Democrat-controlled Senate, the No1 issue we should be working on is access to birth control.”Some pertinent lunchtime reading from our columnist Jill Filipovic, as House Republicans seek to advance their agenda in the chamber they newly control…The Republican party didn’t exactly start 2023 hot out of the gate.Despite a new House majority, the Republican members of Congress spent their first few days in office in an embarrassing protracted squabble over the speakership. Representative Kevin McCarthy of California, who has spent the last few years assisting members of the extremist conspiracy-mongering Trumpian Republican radicals in their rise to power, found himself predictably on the receiving end of the extremist conspiracy-mongers, who wanted one of their own in charge as well as a series of rule changes. After largely capitulating to his party’s lunatic fringe, McCarthy squeaked through on the 15th vote.Now, he holds the gavel, but it’s clear he doesn’t hold his party’s confidence, and that he’s not a leader in any meaningful sense of the word. If he can’t even get his troops lined up to vote for him, how is he going to get his clearly out-of-control party in line to support even tougher votes?Which raises the question of what the party can reasonably accomplish in the House this term.Read on…Expect the Republican House to be just like the speaker debacle: pure chaosRead moreSome good news for Joe Biden – according to polling by the Economist and YouGov, his approval rating is net positive, his best such rating since July 2021:Biden’s net job approval is now positive in @TheEconomist’s polling with @YouGovAmerica: https://t.co/IVjBfI5OAY- This includes a +2 reading (47% approve to 45% disapprove) in this week’s poll- 45% approve of his handling of the economy- Biden’s best numbers since July 2021 pic.twitter.com/5ASvKye83h— G. Elliott Morris (@gelliottmorris) January 11, 2023
    More from the Economist and YouGov, under the title “Weekly Insight”:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Two years on from the mob attack at the US Capitol on 6 January 2021, a new poll from the Economist and YouGov finds that most Americans still disapprove of the insurrectionists who stormed the building. The poll finds that 64% of adults disapprove of “the Trump supporters taking over the Capitol building” on January 6, including 52% who say they “strongly” disapprove. Meanwhile 20% of adults – mostly respondents who also said they voted for Mr Trump in 2020 – say they approve. By 45% to 37%, a plurality of adults believe Mr Trump urged his supporters to engage in violence that day.So that’s reassuring. Ish.Republicans in the House are set to pass two measures concerning abortion this afternoon, one a resolution condemning violence against opponents of the procedure, the other a bill meant to protect the life of babies who survive abortions. Democrats oppose both. Meanwhile, GOP officials in New York have called on George Santos to resign from Congress after he admitted to lying about his qualifications, but he says he’s not going anywhere.Here’s what else has happened today thus far:
    Domestic flights are resuming across the United States after all departures were briefly halted this morning by a systems failure at the Federal Aviation Administration.
    The top Republican investigator in the House is demanding documents from the Treasury related to Hunter Biden and other members of the president’s family. He also wants testimony from three former Twitter executives involved in the platform’s temporary banning of the New York Post after it reported on the discovery of Biden’s laptop.
    Republicans are trying their best to get voters riled up over gas cookstoves.
    Here’s newly elected congressman Anthony D’Esposito becoming the first Republican lawmaker to call for George Santos’s resignation:Rep. Anthony D’Esposito (R-NY) becomes the first GOP member of Congress to call on Rep. George Santos (R-NY) to resign from the House. pic.twitter.com/VArdpuwLor— The Recount (@therecount) January 11, 2023
    Like Santos, D’Esposito is a Republican who represents a Democratic-leaning suburban New York City district.Here’s Joseph Cairo, chair of the Republican party in New York’s Nassau county, calling for George Santos’ resignation:Nassau County Republican Chair Joseph Cairo calls for Rep. George Santos’ (R-NY) “immediate” resignation:“He’s not welcome here at Republican headquarters … He’s disgraced the House of Representatives, and we do not consider him one of our Congress people.” pic.twitter.com/fgK4t1lzC0— The Recount (@therecount) January 11, 2023
    Santos’s congressional district includes part of the county in suburban New York City, and his victory in last November’s midterm election flipped it from Democratic to Republican representation.ABC News caught up with Santos at the Capitol, who said he has no plans to step down:🚨Rep. George Santos tells @rachelvscott and me he will NOT resign pic.twitter.com/vBMvotq3Y0— Lalee Ibssa (@LaleeIbssa) January 11, 2023
    There’s no shortage of business on the House’s agenda, but several Republicans are doing all they can to make the gas cookstove kerfuffle last.Consider this, from Missouri’s Mark Alford: pic.twitter.com/ePzSGT9woQ— Mark Alford 🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸 (@markalfordkc) January 11, 2023
    Texas’s Ronny Jackson, the former White House doctor to Barack Obama and Donald Trump, is promoting a website…:If gas stoves were really a health hazard, would “doctor” Jill Biden be using one?? I think not.https://t.co/2DQMkP2ZIy pic.twitter.com/QSH3A72Ifj— Ronny Jackson (@RonnyJacksonTX) January 11, 2023
    … and employing the all-caps approach:187 MILLION Americans have gas stoves in their homes, and it will cost a FORTUNE to replace them. There’s no “science” behind this. It’s just another excuse Biden is trying to use to put MORE GOVERNMENT in your lives. HANDS OFF OUR STOVES!!https://t.co/2DQMkP2ZIy pic.twitter.com/xPxM5KwbKa— Ronny Jackson (@RonnyJacksonTX) January 11, 2023 More