Justice Department

Subterms

    More stories

    • 125 Shares179 Views

      in Elections

      Watchdog Inquiry Falls Short in Hunt for 2016 F.B.I. Leakers

      by

      An inspector general found that the bureau was permissive about talking to reporters and identified no specific leaks, including to Rudolph Giuliani about the Clinton email investigation.The Justice Department’s inspector general failed to identify F.B.I. officials who leaked information in 2016 to reporters or to Donald J. Trump’s longtime confidant Rudolph W. Giuliani, who had claimed that he had inside information about an investigation into Hillary Clinton just before the inquiry upended the presidential race, a report released on Thursday said.The office of the independent inspector general, Michael E. Horowitz, said that it identified dozens of officials who were in contact with the news media and struggled amid such a large universe of contacts to determine who had disclosed sensitive information. It also noted that it had no power to subpoena records, witnesses or messages from officials’ personal communication devices.Mr. Horowitz had examined the issue after several public disclosures during the election about F.B.I. investigations relating to Mrs. Clinton and Mr. Trump’s campaign.In one of the most glaring episodes, Mr. Giuliani had claimed on television in late October 2016 that a coming “surprise” would help Mr. Trump. Two days later, the F.B.I. director, James B. Comey, took the highly unusual move of publicly disclosing that the bureau had reopened its investigation into Mrs. Clinton’s use of a personal email account to conduct government business while secretary of state. The revelation jolted the presidential campaign days before Mr. Trump’s unexpected victory.Later that day, Mr. Giuliani claimed on a radio program that he had heard from former F.B.I. agents and “even from a few active agents, who obviously don’t want to identify themselves,” about rumors of a significant development in the case.But in the report released on Thursday, Mr. Horowitz’s office said that it had not identified any internal F.B.I. source of information for Mr. Giuliani and that he told investigators that despite his public claims, he had not spoken to “active” agents, only gossiped with former bureau officials.“He stated that his use of the term ‘active’ was meant to refer to retired F.B.I. agents who were still actively working in security and consulting,” according to the report.Mr. Giuliani told investigators: “Comey’s statements were a shock to me. I had no foreknowledge of any of them.”Mr. Giuliani’s 2016 statements have been seen as significant because the inspector general’s office has also found that Mr. Comey disclosed the reopening of the Clinton email investigation in part out of fear that its existence would leak to the news media. A portion of the investigation was being handled by federal authorities in Manhattan, where Mr. Giuliani once served as the U.S. attorney and as mayor, and where he has many longtime friends and supporters in law enforcement.Mr. Comey later told Congress that he was so concerned about Mr. Giuliani’s comments at the time that he had ordered the bureau to open a leak investigation into who Mr. Giuliani was talking to inside the F.B.I.Similar to a report published in 2018, the document released on Thursday criticized the F.B.I. for allowing a permissive culture about contacts with the news media in 2016 and for failing to follow its own policies devised to prevent disclosures of sensitive information to the public.In a sign of the bureau’s culture at the time, the inspector general said that at a conference for F.B.I. special agents in charge of field offices in April 2017, senior bureau officials said that they planned to toughen the policies for dealing with the news media.“Within hours of this discussion, and months before the F.B.I. officially adopted and announced the new media policy, a national news organization reported on the media policy change discussion at the conference, citing unnamed F.B.I. officials who were in attendance,” the report said.The inspector general said investigators had identified six F.B.I. employees who did not work in the department’s press office who had contact with the news media, adding that they were referred to the bureau for potential disciplinary action.The F.B.I. told the inspector general’s office that in response to its previous recommendations, it had enhanced employee training and disciplinary penalties for talking the press.In a letter to the inspector general, the F.B.I. acknowledged the damage that can be created by leaks.“The unauthorized disclosure of nonpublic information during an ongoing criminal investigation can potentially impair the investigation, can result in the disclosure of sensitive law enforcement information, and is fundamentally unfair to the subject or target of the investigation,” said Douglas A. Leff, the assistant director for the bureau’s inspection division. More

    • 138 Shares169 Views

      in Elections

      Trump Pressed Justice Dept. to Declare Election Results Corrupt, Notes Show

      by

      “Leave the rest to me” and to congressional allies, the former president is said to have told top law enforcement officials.WASHINGTON — President Donald J. Trump pressed top Justice Department officials late last year to declare that the election was corrupt even though they had found no instances of widespread fraud, so that he and his allies in Congress could use the assertion to try to overturn the results, according to new documents provided to lawmakers and obtained by The New York Times.The demands were an extraordinary instance of a president interfering with an agency that is typically more independent from the White House to advance his personal agenda. They are also the latest example of Mr. Trump’s wide-ranging campaign during his final weeks in office to delegitimize the election results.The exchange unfolded during a phone call on Dec. 27 in which Mr. Trump pressed the acting attorney general at the time, Jeffrey A. Rosen, and his deputy, Richard P. Donoghue, on voter fraud claims that the department had disproved. Mr. Donoghue warned that the department had no power to change the outcome of the election. Mr. Trump replied that he did not expect that, according to notes taken by Mr. Donoghue.“Just say that the election was corrupt + leave the rest to me” and to congressional allies, Mr. Donoghue wrote in summarizing Mr. Trump’s response in notes he took memorializing the call.Mr. Trump did not name the lawmakers, but at other points during the conversation he mentioned Representative Jim Jordan of Ohio, whom he called a “fighter”; Representative Scott Perry of Pennsylvania, who at the time promoted the idea that the election was stolen from Mr. Trump; and Senator Ron Johnson of Wisconsin, whom Mr. Trump praised for “getting to bottom of things.”The notes connect Mr. Trump’s allies in Congress with his campaign to pressure Justice Department officials to help undermine, or even nullify, the election results.The lawmakers did not immediately respond to requests for comment. Mr. Jordan ultimately voted to overturn the election results in key states, but has downplayed his role in the president’s pressure campaign. Mr. Perry continues to assert Mr. Trump won, but has not been tied directly to the White House effort to keep him in office. And Mr. Johnson, whom Mr. Trump recently endorsed as he weighs whether to seek a third term, maintains that it is reasonable to have questions about the integrity of the election, though he has recognized Joseph R. Biden Jr. as president.The Justice Department provided Mr. Donoghue’s notes to the House Oversight and Reform Committee, which is investigating the Trump administration’s efforts to unlawfully reverse the election results.Typically the Justice Department has fought to keep secret any accounts of private conversations between a president and his cabinet to avoid setting a precedent that would prevent officials in future administrations from candidly advising presidents out of concern that their conversations would later be made public.But handing over the notes to Congress is part of a pattern of allowing scrutiny of Mr. Trump’s efforts to overturn the election. The Biden Justice Department also told Mr. Rosen, Mr. Donoghue and other former officials this week that they could provide unrestricted testimony to investigators with the House Oversight and Reform and the Senate Judiciary committees.Richard P. Donoghue, the Justice Department’s No. 2 official, pushed back on Mr. Trump’s allegations of election fraud in Georgia, Michigan, Nevada and Arizona.Demetrius Freeman for The New York TimesThe department reasoned that congressional investigators were examining potential wrongdoing by a sitting president, an extraordinary circumstance, according to letters sent to the former officials. Because executive privilege is meant to benefit the country, rather than the president as an individual, invoking it over Mr. Trump’s efforts to push his personal agenda would be inappropriate, the department concluded.“These handwritten notes show that President Trump directly instructed our nation’s top law enforcement agency to take steps to overturn a free and fair election in the final days of his presidency,” Representative Carolyn Maloney, Democrat of New York and chairwoman of the House Oversight and Reform Committee, said in a statement.Mr. Trump’s conversation with Mr. Rosen and Mr. Donoghue reflected his single-minded focus on overturning the election results. At one point, Mr. Trump alleged voter fraud in Georgia, Michigan, Nevada and Arizona, which he called “corrupted elections.” Mr. Donoghue pushed back.“Much of the info you’re getting is false,” Mr. Donoghue said, adding that the department had conducted “dozens of investigations, hundreds of interviews” and not found evidence to support his claims. “We look at allegations but they don’t pan out,” the officials told Mr. Trump, according to the notes.The department found that the error rate of ballot counting in Michigan was 0.0063 percent, not the 68 percent that the president asserted; it did not find evidence of a conspiracy theory that an employee in Pennsylvania had tampered with ballots; and after examining video and interviewing witnesses, it did not find evidence of ballot fraud in Fulton County, Ga., according to the notes.Mr. Trump, undeterred, brushed off the department’s findings. “Ok fine — but what about the others?” Mr. Donoghue wrote in his notes describing the president’s remarks. Mr. Trump asked Mr. Donoghue to travel to Fulton County to verify signatures on ballots.The people “saying that the election isn’t corrupt are corrupt,” Mr. Trump told the officials, adding that they needed to act. “Not much time left.”At another point, Mr. Donoghue said that the department could quickly verify or disprove the assertion that more ballots were cast in Pennsylvania than there are voters.“Should be able to check on that quickly, but understand that the DOJ can’t and won’t snap it’s fingers and change the outcome of the election, doesn’t work that way,” Mr. Donoghue wrote in his notes.The officials also told Mr. Trump that the Justice Department had no evidence to support a lawsuit regarding the election results. “We are not in a position based on the evidence. We can only act on the actual evidence developed,” they said.Mr. Trump castigated the officials, saying that “thousands of people called” their local U.S. attorney’s offices to complain about the election and that “nobody trusts the F.B.I.” He said that “people are angry — blaming D.O.J. for inaction.”“You guys may not be following the internet the way I do,” Mr. Trump said, according to the document.In a moment of foreshadowing, Mr. Trump said, “people tell me Jeff Clark is great, I should put him in,” referring to the acting head of the Justice Department’s civil division, who had also encouraged department officials to intervene in the election. “People want me to replace D.O.J. leadership.”“You should have the leadership you want,” Mr. Donoghue replied. But it “won’t change the dept’s position.”Mr. Donoghue and Mr. Rosen did not know that Mr. Perry had introduced Mr. Clark and Mr. Trump. Exactly one week later, they would be forced to fight Mr. Clark for their jobs in an Oval Office showdown.During the call, Mr. Trump also told the Justice Department officials to “figure out what to do” with Hunter Biden, President Biden’s son. “People will criticize the D.O.J. if he’s not investigated for real,” he told them, violating longstanding guidelines against the White House interfering in criminal investigations or other law enforcement actions.Two days after the phone call with Mr. Trump, Mr. Donoghue took notes of a meeting between Justice Department officials; Mr. Trump’s chief of staff, Mark Meadows, the White House counsel, Pat Cipollone, and White House deputy counsel Patrick Philbin to discuss a conspiracy theory known as Italygate, which asserts without evidence that people in Italy used military technology to remotely tamper with voting machines in the United States.The Justice Department officials told the White House that they had assigned someone to look into the matter, according to the notes and a person briefed on the meeting. They did not mention that the department was looking into the theory in order to debunk it, the person said.Nicholas Fandos More

    • 125 Shares179 Views

      in Elections

      Justice Department Warns States on Voting Laws and Election Audits

      by

      The department said that auditors could face criminal or civil penalties if they flouted elections laws.WASHINGTON — The Justice Department on Wednesday sent another warning shot to Republican state legislatures that have initiated private audits of voting tabulations broadly viewed as efforts to cast doubt on the results of the presidential election.The department warned that auditors could face criminal and civil penalties if they destroy any records related to the election or intimidate voters in violation of the Civil Rights Act of 1960 and federal laws prohibiting voter intimidation.The admonishment came in election-related guidance documents issued as part of the department’s larger plan to protect access to the polls, announced by Attorney General Merrick B. Garland in June. Another document released on Wednesday outlined federal laws on how ballots are cast and said that the department could scrutinize states that revert to prepandemic voting procedures, which may not have allowed as many people to vote early or by mail.The warning was the Justice Department’s latest effort to alert state lawmakers that their audits could run afoul of federal law. Department officials cautioned the Republican-led Arizona State Senate in May that its audit and recount of the November election in Maricopa County, widely seen as a partisan exercise to fuel grievances over Donald J. Trump’s election loss, may be in violation of the Civil Rights Act.Last month, the Justice Department also sued Georgia over its recently passed, sweeping voting law, accusing the state’s Republican-led legislature of intentionally trying to violate the rights of Black voters in crafting the legislation.The lawsuit, particularly its attempt to prove lawmakers’ intent, was the Biden administration’s most aggressive effort yet to expand or preserve voter protections. But it comes as Senate Republicans have stymied efforts to pass federal voter protection laws and the Justice Department has acknowledged that Supreme Court rulings have limited its own ability to prevent discriminatory voting laws from being enacted in states.While the department can sue over state voting laws it deems discriminatory or over audits that violate federal statutes, multiple election cycles will play out before those cases are resolved in the courts.The Arizona audit is led by a private contractor called Cyber Ninjas whose owner, Doug Logan, has shared conspiracy theories that voting machines were rigged and that the election was stolen from Mr. Trump.A county judge in Arizona recently ruled that the state’s Republican senators must make public information about Cyber Ninjas and other private companies hired to conduct the Maricopa County audit, rejecting their request to keep the documents secret.“It is difficult to conceive of a case with a more compelling public interest demanding public disclosure and public scrutiny,” Judge Michael W. Kemp of Maricopa County Superior Court wrote in the ruling.While the Justice Department did not name the Arizona audit in its guidance documents, it said that it was concerned that some jurisdictions conducting audits could imperil the existence of election records.“This risk is exacerbated if the election records are given to private actors who have neither experience nor expertise in handling such records and who are unfamiliar with the obligations imposed by federal law,” the department said in one document.A Justice Department official speaking to reporters declined to say whether any audits had been found to have violated the Civil Rights Act. The official spoke on the condition of anonymity and did not provide a justification for doing so.The department’s guidance also sought to dispel the false notion that the election was marked by rampant fraud, noting that state and federal officials have called it “the most secure in American history.”The guidance mirrored a statement by Mr. Garland last month that states have justified their postelection audits with voter fraud assertions “that have been refuted by the law enforcement and intelligence agencies of both this administration and the previous one, as well as by every court — federal and state — that has considered them.”Mr. Trump and his supporters have falsely claimed that the election was fraudulently stolen from him, ignoring assertions by his own appointed officials that there was no widespread voter fraud.Nevertheless, Arizona, Georgia and other states have used the specter of election fraud to pass legislation that restricts access to the polls and hire private auditing companies to perform recounts that have helped sow doubts about the veracity of the election results.Mr. Garland said in May that the Justice Department would double the enforcement staff that handles voting issues in part to scrutinize these new laws and audits. At the time, the staff numbered around a dozen people, according to people familiar with it.The department official confirmed on Wednesday that the staff size had doubled, but would not specify its total. More

    • 150 Shares189 Views

      in Elections

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

      by

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

    • 113 Shares139 Views

      in Elections

      Thomas Barrack, Trump Fund-Raiser, Is Indicted on Lobbying Charge

      by

      Mr. Barrack, the chairman of Donald Trump’s inaugural committee, was accused of failing to register as a lobbyist for the United Arab Emirates, obstruction of justice and lying to investigators.WASHINGTON — Thomas J. Barrack Jr., a close friend of former President Donald J. Trump’s and one of his top 2016 campaign fund-raisers, was arrested in California on Tuesday on federal charges of failing to register as a foreign lobbyist, obstruction of justice and lying to investigators.A seven-count indictment accused Mr. Barrack, 74, of using his access to Mr. Trump to advance the foreign policy goals of the United Arab Emirates and then repeatedly misleading federal agents about his activities during a June 2019 interview.Federal prosecutors said Mr. Barrack used his position as an outside adviser to Mr. Trump’s campaign to publicly promote the Emirates’ agenda while soliciting direction, feedback and talking points from senior Emirati officials.Once Mr. Trump was elected, they said, Mr. Barrack invited senior Emirati officials to give him a “wish list” of foreign policy moves they wanted Washington to take within the first 100 days, first six months, first year and by the end of Mr. Trump’s term, prosecutors said.Among other key Emirati objectives, Mr. Barrack pushed for the Trump administration not to hold a summit with Qatar, a rival Persian Gulf power that was under a blockade that the Emirates and Saudi Arabia, an Emirati ally, had organized, they said.Mr. Barrack is latest in a long string of former Trump aides, fund-raisers and associates to face criminal charges. The former president’s company, the Trump Organization, and its chief financial officer were indicted this month on state fraud and tax charges. Mr. Trump’s former personal lawyer, Michael D. Cohen, pleaded guilty in a hush-money scandal.Mr. Trump pardoned his 2016 campaign manager, Paul Manafort, who had been convicted in the special counsel’s investigation, and his former chief strategist, Stephen K. Bannon, who had been under federal indictment on charges that he misused money he helped raise for a group backing Mr. Trump’s border wall.Authorities have scrutinized a number of Trump aides and associates over suspicions that they improperly provided governments or other foreign interests access to Mr. Trump, his campaign or his administration. The indictment portrayed Mr. Barrack as a flagrant example of abusing such influence.“The defendant is charged with extremely serious offenses based on conduct that strikes at the very heart of our democracy,” the prosecutors in the case wrote to a federal judge in Los Angeles, asking her to detain Mr. Barrack pending his removal to New York for a bail hearing. “The defendant is charged with acting under the direction or control of the most senior leaders of the U.A.E. over a course of years.”Matt Herrington, a lawyer for Mr. Barrack, said: “Tom Barrack has made himself voluntarily available to investigators from the outset. He is not guilty and will be pleading not guilty.”Two other men were also charged with acting as Emirati agents without registering with the Justice Department, as required: Matthew Grimes, a former top executive at Mr. Barrack’s company, and Rashid al-Malik Alshahhi, an Emirati businessman who is close to the Emirates’ rulers.Mr. Grimes, 27, was arrested on Tuesday. Authorities were unable to arrest Mr. al-Malik, 43. An Emirati citizen, he had long lived primarily in California, prosecutors said. But three years ago, after the F.B.I. interviewed him, he left the country and has not returned, prosecutors said in court papers. Lawyers or representatives for the two men could not reached for comment.Prosecutors said Mr. Trump was among those betrayed by Mr. Barrack’s hidden allegiance to a foreign government from early 2016 to early 2018. And Mr. Barrack’s hopes to influence Mr. Trump or his aides were sometimes dashed.For example, Mr. Barrack had hoped that Mr. Trump would name him to be a Middle East envoy or an ambassador to the Emirates. Prosecutors said that Mr. Barrack advised Mr. al-Malik that such posts would empower the Emirates, and that Mr. al-Malik agreed Mr. Barrack could “deliver more” in such roles.But Mr. Trump did not give Mr. Barrack either job, and he remained an outside adviser to the administration.The indictment suggests that Mr. Barrack was working in direct cooperation with Crown Prince Mohammed bin Zayed, the de facto ruler of the Emirates and ostensibly one of Washington’s closest partners in the region. That could have implications for current U.S. policy.The indictment does not explicitly name Crown Prince Mohammed, but appears to clearly refer to him as “Emirati Official 1.” For instance, it states that “Emirati Official 1” met with Mr. Trump at the White House on May 15, 2017, the same day Crown Prince Mohammed met with the president. Other descriptions also match that of Crown Prince Mohammed, often referred to by American officials as M.B.Z.The indictment said that “Emirati Official 1” worked with Mr. Barrack to help scuttle U.S. plans for a conference at Camp David, Md., to press the Emirates to mend the rift with Qatar, another American partner.The indictment also referred to Mr. Barrack’s work with “Emirati Official 5,” who appears to fit the description of the Emirates’ influential ambassador to Washington, Yousef al-Otaiba. The indictment said that early in the Trump transition, the official wrote to Mr. Barrack to ask if he had insight into the new administration’s foreign policy appointments.“I do, and we are working through them in real time and I have our regional interest in high profile,” Mr. Barrack wrote back, according to the indictment.Mr. Barrack’s real estate and private equity firm, Colony Capital, profited from substantial investments from the Emirates and Saudi Arabia, countries that are closely aligned. In the three years after Mr. Trump became the Republican Party’s nominee for president in July 2016, Colony Capital received about $1.5 billion from those two Persian Gulf countries through investments or other transactions. Of that, about $474 million came from sovereign wealth funds controlled by their governments.Mr. Barrack stepped down as Colony Capital’s executive chairman in March. The firm was recently renamed DigitalBridge. According to a filing this month with Securities and Exchange Commission, Mr. Barrack owns 10 percent of that firm and is one of its directors.Mr. Barrack has been friends with Mr. Trump since the 1980s. He helped raise money for Mr. Trump’s first presidential campaign and ran his transition team after Mr. Trump won. He was perhaps best known for leading Mr. Trump’s inaugural committee, which raised $107 million — the most money ever collected and spent to celebrate an inauguration.Critics claimed the committee became a hub for peddling access to foreign officials or business leaders, or those acting on their behalf, but investigations by several local jurisdictions into the committee’s activities petered out with no charges filed.The federal inquiry into Mr. Barrack’s ties with foreign leaders was an outgrowth of the investigation led by Robert S. Mueller III, the special counsel, into Russian interference in the 2016 presidential election.The special counsel’s work put a spotlight on violations of the Foreign Agents Registration Act, known as FARA, and led to a greater effort by the Justice Department to enforce it. The law requires those who work for foreign governments, political parties or other entities to influence American policy or public opinion to disclose their activities to the department.Several former Trump aides who were charged by the special counsel acknowledged violating the statute in guilty pleas, including Mr. Manafort, the 2016 campaign chairman, and Rick Gates, the deputy chairman. Mr. Mueller referred Mr. Barrack’s case to the U.S. attorney’s office in Brooklyn, apparently because the allegations went beyond his investigative mandate.According to the indictment, Mr. al-Malik was a key intermediary between Mr. Barrack and the Emirati leadership. In court papers, prosecutors said Mr. Barrack told State Department officials in 2017 that he did not know where Mr. al-Malik was from or whether he was affiliated with any foreign government. But privately, prosecutors said, Mr. Barrack repeatedly referred to Mr. al-Malik as the Emirates’ “secret weapon” to advance its foreign policy agenda with the Trump campaign and administration.After one media appearance, Mr. Barrack emailed Mr. al-Malik, boasting that he had “nailed it” for the “home team” — meaning the Emirates, the indictment said. The two men repeatedly met personally with high-level leaders of the Emirates and Saudi Arabia, including in May, August and December of 2016, court papers say. Late Tuesday, a federal magistrate detained Mr. Barrack and Mr. Grimes, pending a bail hearing on Monday. Prosecutors had described Mr. Barrack as a flight risk, citing his wealth, Lebanese citizenship, private jet and deep ties to the Emirates and other Persian Gulf countries.The indictment comes at a delicate moment for U.S. diplomacy in the region because the Emirates is waiting for the Biden administration to finalize approval of a $23 billion sale of high-tech weaponry agreed upon under Mr. Trump — including 50 F-35 fighter jets, as well as sophisticated drones.Sharon LaFraniere More

    • 100 Shares109 Views

      in Elections

      Justice Dept. Sues Georgia Over Voting Restrictions Law

      by

      The lawsuit came after Republicans blocked ambitious federal legislation this week to protect voting rights.WASHINGTON — The Justice Department sued Georgia on Friday over a sweeping voting law passed by the state’s Republican-led legislature, the first significant move by the Biden administration to challenge state-level ballot restrictions enacted since the 2020 election.“The rights of all eligible citizens to vote are the central pillars of our democracy,” Attorney General Merrick B. Garland said in a news conference at the Justice Department. “They are the rights from which all other rights ultimately flow.”The complaint accuses the Georgia law of effectively discriminating against Black voters and seeks to show that state lawmakers intended to violate their rights. It says that several of the law’s provisions “were passed with a discriminatory purpose,” Kristen Clarke, the head of the department’s civil rights division, said at the news conference.The lawsuit, particularly its attempt to prove lawmakers’ intent, is among the most aggressive efforts to expand or preserve voter protections in years. The Supreme Court in 2013 had overturned a key provision of the Voting Rights Act of 1965 that had allowed the Justice Department to stop states from passing laws viewed as facilitating voter discrimination.It comes days after congressional Republicans blocked the most ambitious federal voting rights legislation in a generation, dealing a blow to Democrats’ efforts to preserve voting rights. President Biden and Democratic leaders pledged to continue working to steer federal voting rights legislation into law and to escalate pressure on states and Republicans, with Mr. Biden planning speeches in key states warning against a threat to the democratic process he has compared to Jim Crow.The complaint also shows that the Biden administration intends to invoke the remaining tools the Justice Department has to aggressively fight state actions that it sees as potentially disenfranchising minority voters. “The rights of all eligible citizens to vote are the central pillars of our democracy,” Attorney General Merrick B. Garland said on Friday in a news conference at the Justice Department on Friday.Anna Moneymaker/Getty Images“This lawsuit is the first of many steps we are taking to ensure that all eligible voters can cast a vote, that all lawful votes are counted and that every voter has access to accurate information,” Mr. Garland said, calling on Congress to give the department more help.The Justice Department is also moving to stem increased threats to election officials and poll workers, he said, including creating a task force to investigate and prosecute such cases.The voting lawsuit, filed in the U.S. District Court for the Northern District of Georgia, will almost certainly take years to resolve, while Republican-led state legislatures continue to seek new voting restrictions.Republicans in Georgia cast the suit as political. “The D.O.J. lawsuit announced today is legally and constitutionally dead wrong,” Gov. Brian Kemp, a Republican, said on Friday in a news conference in Savannah, Ga. “Their false and baseless accusations are quite honestly disgusting,”Georgia was the center of President Donald J. Trump’s monthslong effort to overturn the election results. He seized on false conspiracy theories about the outcome there, insisting falsely that it was rife with fraud even as three recounts and audits — including one conducted by hand — reaffirmed the tally.Mr. Kemp, who is trying to stave off a Republican primary challenger after refusing to acquiesce to Mr. Trump’s demands to overturn the election results, tried to use the lawsuit to animate the Republican base.“They are coming for you next,” he said. “They’re coming for your state, your ballgame, your election laws, your business and your way of life.”Some voting rights experts expressed confidence in the Justice Department’s chances of rolling back Georgia’s voting restrictions, noting its strong record on cases that focus on lawmakers’ intent.“When the Department of Justice undertakes a case of this nature, it’s done its homework and is familiar with facts that are not even usually publicly reported,” said Chad Dunn, the legal director of the UCLA Voting Rights Project. “So I believe when the Department of Justice brings a case like this, it has what it needs to meet its evidentiary burden.”But others expressed caution, pointing to the current conservative makeup of the federal judiciary.“It will be an uphill battle,” said Allison Riggs, the director of the voting rights program at the Southern Coalition for Social Justice. “But I don’t think it’s a foregone conclusion that it’s a no-go because I think the Georgia bill was bad and there is less justification than ever before for some of these changes.”Passed in March, the Georgia law ushered in a raft of restrictions to voting access and gave the state legislature more power over election administration. It sought to place strict constraints on ballot drop boxes, bar election officials from sending absentee ballot applications to voters, reduce the time to request absentee ballots and add identification requirements for voting by mail.A ballot recount of Fulton County in Atlanta in November. President Donald J. Trump seized on numerous false conspiracy theories about the election results in Georgia.Nicole Craine for The New York TimesIt followed an election in which Georgia, a once reliably conservative state, turned blue for the second time in 40 years in the presidential race and in runoffs that flipped its Senate seats from Republican to Democratic. The law changed elements of voting that had contributed to those Democratic victories: All were close victories attributable in part to Black voter turnout and the state’s voting options. The law has an outsize effect on Black voters, who make up about one-third of Georgia’s population and vote overwhelmingly Democratic.“These legislative actions occurred at a time when the Black population in Georgia continues to steadily increase, and after a historic election that saw record voter turnout across the state, particularly for absentee voting, which Black voters are now more likely to use than white voters,” Ms. Clarke said.Critics denounced the law as rooted in Mr. Trump’s falsehoods and accused state Republicans of seeking to undo the Democratic wave in Georgia. Mr. Biden called it an “un-American” attack on voter rights that amounted to “Jim Crow in the 21st century” and had promised the Justice Department would examine it.Democrats in Washington are struggling to find an effective strategy for countering laws like Georgia’s that are advancing this year through more than a dozen Republican-led state legislatures. Party activists and policymakers have mostly pinned their hopes on narrow majorities in Congress, where Democratic leaders have insisted they will work through the summer to try to mass a meaningful expansion of voting rights and protections against election subversion tactics by partisan state officials.Democrats have framed the battle as existential, and progressives are plotting a pressure campaign this summer to try to persuade senators to eliminate the legislative filibuster to allow them to act without Republican support. In the meantime, Senator Amy Klobuchar, Democrat of Minnesota, plans to take her influential Rules Committee to Georgia in the coming weeks to convene a field hearing homing in on criticism of the new law there.A rally in Washington this week demanding the passage of ambitious federal voting rights legislation, known as the For the People Act. Republicans used the filibuster to block the measure.Sarahbeth Maney/The New York TimesThis fall, lawmakers also plan to push to pass federal legislation to strengthen the Voting Rights Act. It would reinstate the provision struck down by the Supreme Court in 2013, which requires states with a history of discrimination to clear any voting changes with the Justice Department. The bill is likely to face opposition by congressional Republicans, who argue that discrimination is no longer a factor in voting..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The eventual resolution of the Justice Department lawsuit will likely also affect state lawmakers’ future attempts to pass new voting laws.“State legislatures may well take their cue based on what happens,” said Jon Greenbaum, the chief counsel for the nonpartisan Lawyers’ Committee for Civil Rights Under Law and a former Justice Department lawyer.Mr. Greenbaum added that a wave of voter identification laws followed a Supreme Court decision in 2008 that upheld new identification requirements in Indiana. But while that law withstood a legal challenge, he said, similar efforts in Pennsylvania, North Carolina and Texas initially wilted in court.The lawsuit reflects a Justice Department effort to push back on voter restrictions. It began in the spring under Mr. Garland; the associate attorney general, Vanita Gupta; and Pamela Karlan, who ran the civil rights division until Ms. Clarke was confirmed last month and is now the No. 2 official in that office.Mr. Garland also announced that the division was “taking proactive measures to help states understand federal law and best practices,” and that the deputy attorney general, Lisa O. Monaco, will lead the task force aimed at protecting election workers.“Election officials must be permitted to do their jobs free from improper partisan influence, physical threats or any other conduct designed to intimidate,” she wrote in a memo to federal prosecutors and the F.B.I.According to an investigation by The Atlanta Journal-Constitution, more than 272,000 Georgians do not have on file with state election officials the kind of identification to vote that the new law requires. More than 55 percent of them are Black, while Black voters make up only about a third of the voting-age population in Georgia.The law also banned mobile voter units and put stricter requirements on provisional ballots, which are votes cast in person when there are open questions about a voter’s eligibility. The ballot ensures that if the questions are resolved, the vote can still be counted.Any provisional ballot cast in the wrong precinct in Georgia before 5 p.m. on Election Day now requires the voter to instead travel to the correct one or risk being disenfranchised. Showing up at the wrong precinct was by far the most common reason for voting provisionally in 2020 in Georgia, accounting for about 44 percent of provisional ballots, according to the office of Brad Raffensperger, the secretary of state. Of the 11,120 provisional ballots counted in the presidential election, Mr. Biden won 64 percent and Mr. Trump 34 percent.And in a section that Democrats, civil rights groups and voting rights groups described as simply cruel, the new law banned handing out food and water to voters waiting in line. Georgia has for years been notorious for its exceptionally long lines on Election Day, especially in communities of color. More

    • 100 Shares119 Views

      in Elections

      Justice Dept. to Sue Georgia Over Voting Law

      by

      The Justice Department is suing Georgia over a sweeping voting law passed by the state’s Republican-led legislature, a congressional official said on Friday, a major step by the Biden administration to confront state-level ballot restrictions enacted since the 2020 election.Attorney General Merrick B. Garland was expected to announce the lawsuit later Friday morning.The lawsuit is among the highest-profile enforcement actions to be brought under the Voting Rights Act since the Supreme Court in 2013 gutted a key provision that allowed the Justice Department to stop states from passing laws viewed as facilitating voter discrimination.The lawsuit shows that the Justice Department under the Biden administration intends to use the remaining tools at its disposal to aggressively fight state actions that it sees as potentially disenfranchising minority voters.Mr. Garland said earlier this month that the department would deploy all of its available tools to combat voter discrimination.The lawsuit comes days after congressional Republicans blocked the most ambitious federal voting rights legislation in a generation, dealing a blow to Democrats’ efforts to preserve voting rights. President Biden and Democratic leaders pledged to continue working to steer federal voting rights legislation into law.The Justice Department lawsuit is expected to accuse the Georgia law of effectively discriminating against nonwhite voters and seeks to show that Georgia lawmakers intended to do so.The Georgia law ushered in a raft of new restrictions to voting access and dramatically altered the balance of power over election administration. The law followed an election that saw Georgia, a once reliably red state, turn blue for the first time in nearly 40 years in the presidential race, followed by two quick successive Senate seats flipping from Republican to Democratic.Georgia was the epicenter of former President Donald J. Trump’s monthslong effort to overturn the election results. He seized on numerous false conspiracy theories about the Georgia election, and continued to claim that it was rife with fraud despite three separate recounts and audits — including one conducted entirely by hand — reaffirming the results.Critics were quick to cry that the law was rooted in the former president’s falsehoods and was seeking to undo the Democratic wave in Georgia, taking aim at the state’s no excuse absentee voting provision, which had been passed by Republicans in 2005 but became the preferred method of voting for Democrats in the 2020 election amid the pandemic. More

    • 163 Shares189 Views

      in Elections

      Garland Says Watchdog Is Best Positioned to Review Trump-Era Justice Dept., Not Him

      by

      The attorney general said that various inspector general inquiries would help uncover any wrongdoing and that he wanted to avoid politicizing the work of career officials.WASHINGTON — Attorney General Merrick B. Garland backed away on Tuesday from doing a broad review of Justice Department politicization during the Trump administration, noting that the department’s independent inspector general was already investigating related issues, including aggressive leak hunts and attempts to overturn the election.Democrats and some former Justice Department employees have pressed Mr. Garland to uncover any efforts by former President Donald J. Trump to wield the power of federal law enforcement to advance his personal agenda. Their calls for a full investigation grew louder after recent revelations that Mr. Trump pushed department officials to help him undo his election loss and that prosecutors took aggressive steps to root out leakers.Answering questions from reporters at the Justice Department on Tuesday, Mr. Garland said that reviewing the previous administration’s actions was “a complicated question.” He noted that managers typically sought to understand what previous leaders had done.“We always look at what happened before,” he said. But he stopped short of saying that he would undertake a comprehensive review of Trump era Justice Department officials and their actions, in part to keep career employees from concluding that their work would be judged through changing political views.“I don’t want the department’s career people to think that a new group comes in and immediately applies a political lens,” Mr. Garland said.He also invoked the investigations by the Justice Department’s inspector general, Michael E. Horowitz, noting that they spoke to the question of whether Mr. Trump had improperly used the department’s powers to investigate and prosecute.“It’s his job to look at these things,” Mr. Garland said of Mr. Horowitz. “He’s very good at this — let us know when there are problems and what changes should be made, if they should be. I don’t want to prejudge anything. It’s just not fair to the current employees.”Mr. Horowitz said this month that he was investigating decisions by federal prosecutors to secretly seize reporters’ phone records in investigations of leaks of classified information to the press early in the Trump administration.Mr. Horowitz is also examining subpoenas to Apple for subscriber information that ultimately belonged to House Democrats, including Representative Adam B. Schiff of California, the chairman of the House Intelligence Committee. Mr. Schiff had called on Mr. Garland last week to do a “top-to-bottom review of the degree to which the department was politicized during the previous administration and take corrective steps.”The inspector general is also examining whether current or former Justice Department officials improperly attempted to use the department to undo the election results, following reports that at least one former official pushed leaders to do so. And he is looking into whether Trump administration officials improperly pressured the former U.S. attorney in Atlanta, Byung J. Pak, to resign over his decision not to take actions that would cast doubt on the results of the election.Mr. Garland also said in a statement this month that the deputy attorney general, Lisa O. Monaco, was looking for “potentially problematic matters deserving high-level review.” But he made clear that she was not undertaking the kind of full investigation that critics of the Trump administration have called for.Mr. Garland also told reporters that he planned to issue a memo on the federal death penalty in the coming weeks, which the Trump administration had revived after nearly two decades of disuse. President Biden has said he opposes the federal death penalty.“I have been personally reviewing the processes of the department,” Mr. Garland said. “I expect before too long to have a statement.” More