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    Trump’s cabinet picks are agents of his contempt, rage and vengeance | Sidney Blumenthal

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    “Shock” suddenly became the most commonly uttered word in habitually nonplussed Washington DC. After Donald Trump had attempted to subvert the certification of a presidential election, incited a mob, absconded with national security secrets, was convicted as a felon, and waged his Nazi-esque “poison in the blood” campaign, his brazen cabinet appointments are so mind-boggling that even hard-bitten cynics gasp.Sheer hypocrisy would have drawn a yawn. But Trump’s cabinet selections would have startled even the character of Captain Louis Renault in Casablanca, who feigned surprise at discovering gambling in the backroom of Rick’s Café before pocketing his winnings: “I’m shocked, shocked to find that gambling is going on in here!”If Russia occupied the United States, it would not impose a collaborationist regime of such hare-brained incompetents. Kleptocrats would be expected as commissars, but not patent lunatics. Hitler, for his part, murdered the Nazi radicals in the Night of the Long Knives to solidify his rule over the conservative establishment.Trump declared he would be a dictator on “day one”. But before day one, he has decided to empower some of the most fringe characters floating around his Maga movement. The outrageousness of his nominees is intended above all to force the subjugation of those remaining Republicans who insist on their independence. He has posed a battle royale with the Republican Senate to determine whether it will buckle under his mafia test to recess-appoint his madcap cabinet. He wants to break the Senate and crush it under his heel as his first act. Humiliation is the essence of his idea of power.Trump’s cabinet appointments are agents of his contempt, rage and vengeance. The motive for naming his quack nominees is located in his resentments from his sordid first term for which he pledged retribution. He sees the US government in its totality as a bastion of his “enemies within”. He intends to shatter every department and agency, root out expertise that might contradict his whims, demolish the balancing power of the Congress that could inhibit him, and trample the law that might stand in his way.Wrecking the government is not only Trump’s technique for gaining submission and compliance, but is his ultimate purpose. He will achieve vindication by tearing down anything he feels was used to restrain his destructive impulses or tried to hold him accountable for his past crimes, whether it is the military, the justice system or science itself.Before the election, Trump developed two elaborate plans, one if he lost and the other if he won. In either case, he would attack the federal government. He had learned lessons from the failure of his January 6 coup. His preparation throughout 2024 to declare the election stolen and force a constitutional crisis was the underside of his campaign.In advance, he organized an extensive network of lawyers and political operatives to deny he lost, refuse to certify the election in districts and states to the point of preventing an electoral college majority, and throw the election to the House of Representatives, where the Republicans held the margin from control of state legislatures to cast 26 states for him.In March, Trump ousted the chair of the Republican National Committee, Ronna McDaniel, because she would not divert the committee’s resources into an election-denial operation and fund his legal expenses. He inserted his daughter-in-law, Lara Trump, as the new head. She fired 60 staffers, but named Christina Bobb, a former far-right One America Network TV presenter, who was a key cheerleader of the fake elector scheme in 2020, as senior counsel of its election integrity unit. In April, she was indicted along with 17 other Arizona Republicans for fraud, forgery and conspiracy. Trump was named “Unindicted Co-Conspirator No 1”. Bobb’s indictment only elevated her standing as a Trump loyalist.A week after Trump’s election, he appointed the outside counsel for Bobb’s effort, William McGinley, Trump’s cabinet secretary in his first term, as his new White House counsel. In Trump’s first term, his White House legal counsel, Don McGahn, had resisted his pressure to provide him with cause to fire Robert Mueller, the special counsel investigating Russian interference in the 2016 election, and his successor, Pat Cipollone, objected to Trump’s schemes to overturn the 2020 election results. Trump at last has an in-house lawyer to tell him how to do what he wants.Joe Biden welcomed Trump to the Oval Office on 13 November in a show that the transfer of power was peaceful. Biden’s message was to re-establish a constitutional standard, contrasting with Trump’s graceless refusal to meet with him after January 6. But the atmosphere of normalization was illusory. Biden acted as though by his example regular order could have a chance of restoration. His gesture was nostalgic.Minutes after Trump left Biden’s presence, he announced his nomination of Matt Gaetz to be attorney general. Ding, dong. The clock struck 13, again and again.But Trump had given fair warning.Trump rolled out his team of travesties in the spirit he had promised. “Well, revenge does take time. I will say that. And sometimes revenge can be justified,” Trump said in June on Dr Phil’s Fox News show. When Fox News host Sean Hannity followed up, trying to prod Trump into softening his threats, Trump rejected the opportunity. “When this election is over, based on what they’ve done, I would have every right to go after them,” he said.Trump’s plan upon winning, now unfolding, is to launch a full-scale assault on the federal government from the top down. He has no need to smash into the Capitol with the Proud Boys, whom he has promised to pardon as “hostages”.Certain common characteristics run through his cabinet of curiosities and horrors to mark them collectively unique among any cabinet of any president – alleged sexual misconduct and abuse, drug addiction, megalomania, authoritarianism, cultism, paranoia, white supremacy, antisemitism and grifting. Some nominees meet all these qualifications, others only two, three or four. For a few, it’s just plain and simple self-aggrandizing corruption.Each of Trump’s appointees is there to savage a target on Trump’s hitlist. When he came to Washington he was a relative blank slate, despite hauling a baggage train of scandal from New York. Back then, Trump blithely spoke of getting away with shooting someone on Fifth Avenue. Now, it’s Pennsylvania Avenue, where six people died as a result of January 6. Trump has been in the business of making enemies of anyone trying to enforce the law. The federal cases against him will be dropped to follow the ruling of the US supreme court that he has absolute immunity for “official actions”. Liberated from accountability, Trump is building his government on revenge.Quite apart from his appointees’ dearth of managerial experience and competence, they represent the antithesis of the core mission of the departments and agencies they have been named to oversee. They are not being appointed to run them efficiently, but to rule and ruin.The greatest influence in public life exercised by Pete Hegseth, a Fox News host and former national guard officer before Trump named him as secretary of defense, was in 2019 when he privately lobbied Trump and publicly advocated on Fox for pardons for three military officers convicted of war crimes, which Trump granted.Hegseth has denounced women in the military; they make up 17.5% of active duty personnel and more than 20% of reserves. He has called for the firing of the chair of the joint chiefs of staff, Gen Charles Q Brown Jr, who is Black, saying that any general “involved in any of the DEI, woke shit has got to go”.Hegseth was one of 12 national guard members who were removed from Biden’s guard detail at his 2021 inauguration after he was deemed “an inside threat”. Hegseth’s body is covered with tattoos – a Jerusalem cross, a symbol of the First Crusade, inked across his chest, and the crusader slogan “Deus Vult” (“God wills it”) on his arm among other crusader markings. This iconography has become popular with far-right Christian nationalists and white supremacists. The Deus Vult cross flag was carried by insurrectionists at the Capitol on January 6. When the tattoos were spotted by his national guard master sergeant, who wrote of the “disturbing” symbols to the commanding general of Washington, Hegseth was kept far from Biden.The Associated Press first reported the story of Hegseth’s exclusion from proximity near the president. JD Vance attacked the news organization, tweeting: “disgusting anti-Christian bigotry from the AP”.In 2017, Hegseth was the subject of a police investigation for rape in Monterey, California. His second wife had divorced him in September for his affair with a Fox News producer whom he had impregnated. She would give birth to a daughter in August. In October, Hegseth attended a meeting of the California Federation of Republican Women, drank at the hotel bar in the evening, and, visibly intoxicated, was assisted to his room by a female member of the group, who attended the event with her two young children and husband. Something happened. She was bruised. Hegseth claimed they had consensual sex. The police did not press charges.According to a memo given to the Washington Post by a friend of the accuser, also present at the meeting as a participant, the alleged victim and her husband hired a lawyer “to ensure Hegseth didn’t get off without punishment”. Hegseth wound up paying her an unspecified sum of money in exchange for a non-disclosure agreement.Revelations of Hegseth’s alleged behavior have not elicited censure from Trump, but expressions of sympathetic support for the would-be #MeToo victim. “Mr Hegseth has vigorously denied any and all accusations, and no charges were filed,” stated the Trump transition response. Hegseth’s lawyer attacked the woman: “She was the aggressor. She was sober, he was drunk. She took advantage of him.”Hegseth appears to Trump as the ideal man to purge the military. Trump’s transition team has drafted an executive order for a “warrior board” to remove any general or admiral “lacking in requisite leadership qualities”. Trump complained to his chief of staff Gen John Kelly that he wanted “my generals” to be more like “Hitler’s generals”.Hegseth would be his enforcer of politicizing the military so that it never questioned any illegal behavior, like violating the War Crimes Act, or refusing an order to open fire on American protesters. “Can’t you just shoot them, just shoot them in the legs or something?” Trump said to Gen Mark Milley, chairman of the joint chiefs, in the presence of the secretary of defense, Mark Esper, about demonstrators after George Floyd’s murder in 2020. Hegseth would not be the defense secretary to advise Trump against invoking the Insurrection Act to impose martial law as Mike Flynn, his disgraced former national security adviser, suggested to him shortly before January 6.Tulsi Gabbard, the former congresswoman nominated to be the director of national intelligence, who flipped seamlessly from far left to far right, has been steady as a rote pro-Russian propagandist, hailed on Russian state media as “our girlfriend”, and has been identified with a secretive Hare Krishna-affiliated sect called the Science of Identity Foundation that mixes vegetarianism, homophobia and Islamophobia.Gabbard is there to wreak havoc on Trump’s phantom nemesis, the “deep state”. His first director of national intelligence, Dan Coats, a former Republican senator from Indiana, closely observed Trump’s relationship with Vladimir Putin, which he told Bob Woodward was “so strange”, “so subservient”. “Is this blackmail?” Coats wondered.Trump recalls that his first impeachment was the result of a whistleblower complaint from an analyst from the office of the director of national intelligence, who filed a memo about a phone call Trump had with the Ukrainian president, Volodymyr Zelenskyy, in which he sought to coerce him into manufacturing political dirt about Biden in exchange for defensive Javelin missiles already approved by the Congress. “I would like you to do us a favor,” said Trump in what he insisted was a “perfect phone call”.Trump was furious at the exposure of his blackmail. “I want to know who’s the person who gave the whistle-blower the information because that’s close to a spy,” he said. “You know what we used to do in the old days when we were smart with spies and treason, right?” Now he will send Gabbard to terminate the “spies” of the “deep state”.skip past newsletter promotionafter newsletter promotionRobert F Kennedy Jr, nominated as secretary of health and human services, is an opponent of the scientific method for which he reflexively substitutes a priori conspiracy theories. He has grifted millions on bogus claims that vaccines cause autism. “There is no vaccine that is safe and effective,” he said. A decades-long heroin addict and self-confessed sex addict, he has a family who has tried to lift him out of his turmoil, staging interventions for years to have him professionally treated for his psychological troubles, but have been reduced to despair. He claims that his family members have succumbed to “hypnosis”.During the campaign, a family babysitter emerged to accuse Kennedy of numerous sexual assaults. He claimed he had “no memory of this incident but I apologize sincerely”. He said in an interview: “I’m not a church boy.” Meanwhile, he was reportedly involved in an affair with Olivia Nuzzi, a writer for New York Magazine, which cost her her fiance and job. Three other women stepped forward to claim they had sexual affairs with him after meeting him through his anti-vaccine group, the Children’s Health Defense, and at the same time he was involved with Nuzzi, which he denied.But RFK Jr, is promoted by Tucker Carlson and his trailing entourage of lost boys, Don Jr and JD Vance. Carlson and Don Jr persuaded Bobby to drop his third-party candidacy and to endorse Trump. On 31 October, at a rally in Glendale, Arizona, Carlson interviewed Trump and asked him pointedly whether he would appoint Bobby. On 1 November, RFK Jr appeared on the Tucker Carlson Live Tour, where he told a rapturous crowd that in answer to his prayers for the fulfillment of his personal destiny: “God sent me Donald Trump.”Before the election, Rupert Murdoch’s Wall Street Journal editorial page confidently informed its readers that Trump’s bizarre statements and inclinations were not to be taken seriously, and that in any event would be blocked by “checks and balances”. After Trump was elected, the Journal has been stunned by the nominations of Gaetz and RFK Jr. “Good luck making sense of this nomination,” it editorialized about Bobby. “Matt Gaetz is a bad choice for attorney general,” ran another thundering piece. Murdoch is out in the cold. The TV host he fired, Tucker Carlson, is the kingmaker.In naming RFK Jr, Trump is reacting to his conflicts during the Covid-19 pandemic, when he wished to ignore it, dismissed mask-wearing and suggested injecting Clorox. He despised the scientists who told him his ideas would not work. He hated his chief medical adviser, Dr Anthony Fauci, and coronavirus response coordinator, Dr Deborah Birx – “all these idiots”, said Trump.Trump also fired Dr Rick Bright, the director of the Center for the Biomedical Advanced Research and Development Authority in charge of vaccine development, for refusing to approve the use of hydroxychloroquine as a treatment for Covid-19, which Bright protested was one of several “potentially dangerous drugs promoted by those with political connections”. Bright testified in May 2020 before Congress that the Trump administration had “no master plan”, that the country faced “the darkest winter in our history” and that in the absence of national leadership, “our window of opportunity is closing.”Trump has not appointed RFK Jr for his famous name, though he must receive gratification from possessing for himself this piece of the Kennedy legacy, however tarnished. Bobby Kennedy Jr is there because he says that he will fire 600 experts at the National Institutes of Health, the foremost medical research center in the world – “all these idiots”. And Tucker Carlson vouches for him.The tangled resentments of Trump’s appointees are cardinal virtues, especially when they overlap with his own grievances. Trump, the adjudicated rapist, credibly accused by dozens of women of sexual assault, whom the sex criminal Jeffrey Epstein called his “closest friend for 10 years”, identifies with Matt Gaetz fending off investigations of his alleged sex crimes. After Trump confided in Reince Priebus, his first chief of staff, that he would pick Gaetz, Priebus concluded: “So, he [Trump] feels like he has gone to hell and back 10 times. So, this is also a big middle finger to the DoJ and the FBI.”At the end of the first Trump administration, Gaetz desperately sought to secure an all-purpose pardon to cover him from the then ongoing federal inquiry into alleged sex trafficking of minors to his alleged participation as a co-conspirator in Trump’s coup. He approached, among others, the deputy White House legal counsel, Eric Herschmann, who testified before the January 6 committee. “The pardon that he was discussing, requesting was as broad as you could describe,” he stated. “From beginning – I remember he said, from the beginning of time up until today for any and all things. He had mentioned Nixon, and I said Nixon’s pardon was never nearly that broad.”In October 2023, Congressman Gaetz provoked the removal of Kevin McCarthy as speaker of the House. “I’ll give you the truth why I’m not speaker,” McCarthy said. “It’s because one person, a member of Congress, wanted me to stop an ethics complaint because he slept with a 17-year-old.”On 13 November, Trump named Gaetz attorney general. The next day, Gaetz resigned from Congress. The day following that, the House ethics committee report on Gaetz’s alleged sex crimes was scheduled to be released. But because Gaetz is no longer a member of the House, Speaker Mike Johnson, serving as Trump’s handyman, “strongly requested” that it would violate House rules to make the report public despite precedents to the contrary. He warned it would “open a Pandora’s box”, presumably of other dark secrets about Gaetz and perhaps other nominees.Democratic and Republican senators on the judiciary committee that will hold confirmation hearings have asked for the report. It remains bottled up.Trump does not attempt to hide his intention to “dismantle government bureaucracy” and “send shockwaves through the system”, as he tweeted in his appointment of “the Great Elon Musk” and Vivek Ramaswamy (no “Great” preceding his name), assigned to rampage through the entire government as a “Department of Government Efficiency”. Musk has a long history of conflicts with government regulatory agencies and outstanding unresolved investigations, including a Securities and Exchange Commission inquiry into inside stock trading. Musk’s commission is transparently a case of self-interest.“Doge”, as it is called, after “dogecoin”, a cryptocurrency that Musk has been hawking, is not at all a department, which would require FBI background checks. Musk orbits on a cocktail of LSD, cocaine, ecstasy and psychedelic mushrooms, “often at private parties around the world, where attendees sign nondisclosure agreements or give up their phones to enter”, according to people who spoke to the Wall Street Journal. He speaks privately to Vladimir Putin. During the campaign, he turned Twitter/X into a cesspool of disinformation, a good deal of his own fabrication and streams of it from Russian troll farms. Inexplicably, he continues to hold a security clearance as a government contractor that has not been suspended under review during the Biden administration.Ramaswamy, a venture capitalist and libertarian ideologue who ran for the Republican nomination for president on a platform of abolishing numerous federal agencies from the IRS to the FBI, is completely inexperienced in government affairs, which he has been tasked to reform. He has made confusing, possibly conspiratorial claims about 9/11 and suggested that January 6 was “an inside job”. During his campaign, he stated that his goal was to fire 75% of the federal workforce in short order. Merely a charlatan and a demagogue, Ramaswamy does not stand out as especially peculiar among the wholly unqualified Trump nominees.Trump’s appointment of Doug Burgum, the billionaire governor of North Dakota, as secretary of the interior and “energy czar”, fits the profile of old-fashioned plunder. In April, Burgum gathered oil and gas executives at Mar-a-Lago, where Trump flagrantly asked for $1bn in campaign contributions in exchange for tax breaks and favorable policies.Harold G Hamm, chair of Continental Resources, an independent oil company, who is an investor in a proposed $5.2bn pipeline in North Dakota, helped Burgum organize the meeting. Burgum’s family holds land that profits from Hamm’s business. “Obviously it’s no secret that I helped gather the industry up, oil and gas producers and the entire industry,” Hamm said. He handed Trump a list of more than 100 policies he wanted implemented. “I couldn’t be more thrilled by president-elect Donald Trump’s victory,” Hamm remarked. Then, Trump named as secretary of energy a fracking equipment company executive, Chris Wright, who has declared: “There is no climate crisis.”The volatile elements of petroleum, public lands and leasing deals evoke a scenario from a century ago, of a cabinet appointed by a president who promised to restore the country to its greatness in a “return to normalcy”. During the Warren G Harding presidency, the secretary of the interior, Albert B Fall, accepted kickbacks from oil companies in granting oil leases and became the first cabinet member to be sentenced to prison. It was the worst cabinet scandal in history. Make Teapot Dome Again.Trump seeks to install his cabinet by circumventing the Senate. He insists that the Republican leadership forgo its constitutional duty to advise and consent and instead allow his picks to assume their positions as recess appointments. Trump is also blocking the FBI from conducting background checks. His cabinet nominations have become his instrument for intimidation. He intends to sweep aside checks and balances for one-man rule.The appointment of Senator Marco Rubio of Florida as secretary of state illustrates the kind of behavior Trump wishes to encourage among Republican senators. During the 2016 Republican primaries, Rubio derided Trump for his “small hands”, a signifier for his genitals. “You know what they say about men with small hands?” Rubio jibed.But after Trump was convicted of 34 felonies in New York for paying hush money to an adult film actorto influence the 2016 election, Rubio leaped to blame Biden falsely for Trump’s prosecution. Rubio tweeted: “Our current President is a demented man propped up by wicked & deranged people willing to destroy our country to remain in power.” He added, with flaming emojis: “It’s time to fight [fire] with [fire].”Subservience has now received its reward. Rubio, “Little Marco”, the most conventional of Trump’s cabinet choices, is an example to them all.

    Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth More

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      in Elections

      Rudy Giuliani turns over property to former election workers he defamed

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      Rudy Giuliani has relinquished dozens of watches and a Mercedes once owned by movie star Lauren Bacall to two former Georgia election workers who won a $148m defamation judgment against him, his lawyer said.Joseph Cammarata said in a letter filed late on Friday in Manhattan federal court that the trove of watches and a ring were delivered by FedEx to a bank in Atlanta, Georgia, in the morning.The 1980 Mercedes-Benz SL 500 was turned over at an address in Hialeah, Florida, and an undisclosed amount of funds from Giuliani’s Citibank accounts were also surrendered to the two women who won the judgment, according to the letter.Cammarata called Giuliani “a victim of political persecution” in an email and said this month’s election demonstrated Americans were tired of “witch-hunts, indictments, impeachments, prosecutions, convictions, civil cases and judgments”.On 22 October, Lewis Liman, a US district judge in New York, appointed Ruby Freeman and her daughter Shaye Moss as recipients of the property and gave the former New York mayor and Trump confidante seven days to turn over the assets. But after Giuliani missed that deadline, he appeared in court on 7 November and Liman threatened to hold him in contempt.A jury previously ruled that Giuliani owes Freeman and Moss around $150m for spreading lies about them after the 2020 election though Giuliani is appealing the ruling. Liman authorized the two women to immediately begin selling the assets.“The road to justice for Ruby and Shaye has been long, but they have never wavered,” Aaron Nathan, a lawyer representing Freeman and Moss, said in October. “Last December, a jury delivered a powerful verdict in their favor, and we’re proud that today’s ruling makes that verdict a reality.”“We are proud that our clients will finally begin to receive some of the compensation to which they are entitled for Giuliani’s actions,” said Nathan. “This outcome should send a powerful message that there is a price to pay for those who choose to intentionally spread disinformation.”Giuliani was also ordered to turn over his apartment on the Upper East Side of New York and several items of Yankees memorabilia. The two women are also entitled to fees the Trump campaign owes Giuliani for his legal work in 2020.But in his letter, Cammarata argued that some of Giuliani’s other possessions should also be exempt from the judgment under New York and Florida law.That includes all apparel – even a shirt signed by New York Yankees legend Joe DiMaggio that is part of the judgment – and all household furniture, as well as a refrigerator, radio receiver, television set, computer, cellphone, tableware and cooking utensils, the letter stated.Representatives for Freeman and Moss said last week that they visited Giuliani’s Manhattan apartment only to discover it was cleared out well before the October deadline. Giuliani first listed the three-bedroom apartment for $6.5m in 2023, but had cut the price to a little more than $5.1m this fall.Liman did not order Giuliani to turn over a separate Palm Beach condominium, for now, amid an ongoing legal dispute there. Liman instead entered an order barring Giuliani from selling the condo while that dispute is ongoing.After losing the defamation case last fall, Giuliani declared bankruptcy to try to avoid paying Freeman and Moss the money they were owed. A judge dismissed that bankruptcy case earlier this year.After the 2020 election, Giuliani amplified a misleading video and falsely accused Freeman and Moss of illegal activity while counting ballots in Atlanta on election night in 2020. He continued to do so even after Georgia election officials said the video showed both women doing their jobs with no issue. They have also been formally cleared by investigators of any wrongdoing.The video and lie about the two women became central to Donald Trump’s effort to overturn the election results in Georgia. The ex-president mentioned Freeman by name on a phone call in 2021 with Georgia secretary of state Brad Raffensperger, asking him to overturn the vote.Both women have rarely been seen in public since the incident, but have spoken about how it has upended their lives. They received constant death threats, were chased from their homes and lost their jobs. During the defamation trial in Washington DC, they spoke about the depression they faced after the election.Giuliani, who lost his law license in New York and Washington DC, has shown little regret for his false statements. During the trial, he gave a press conference on the courthouse steps in which he insisted everything he said about Freeman and Moss was true.Cammarata, in his Friday letter, also asked to delay Giuliani’s January trial over the disposition of some of his assets so that he can attend president-elect Donald Trump’s inauguration.Giuliani has claimed he was the victim of a “political vendetta” and expects to win on appeal and get back all his possessions. More

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      Trump fake-elector scheme: where do five state investigations stand?

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      After the 2020 election, a group of 84 people in seven states signed false documents claiming to be electors for Donald Trump. This year, despite the fact that four states have brought criminal charges against the fake electors, 14 of them will now serve as real electors for the president-elect.The 14 once-fake-and-now-real electors were selected by state Republican parties in Michigan, Pennsylvania, New Mexico and Nevada. They will meet in their state capitols on 17 December to cast their ballots for Trump.Prosecutors in many of the states where fake electors signed false documents are moving forward with charges, as the federal charges against Trump for election subversion and other alleged crimes are up in the air after his re-election.Five of the seven states pursued charges related to the issue. Authorities in New Mexico and Pennsylvania did not pursue charges because the documents the false electors there used hedged language that attorneys said would likely spare them from criminal charges.The fake electors in some instances are high-profile Republicans: people in elected office, in official party roles, prominent members of external conservative groups.Here’s where the state cases stand.ArizonaKris Mayes, the Democratic attorney general for Arizona, said on Sunday that her office will not be dropping any charges related to the fake electors.A grand jury in Arizona charged 18 people involved in the fake electors scheme, including the 11 people who served as fake electors and Trump allies Mark Meadows, John Eastman, Boris Epshteyn, Rudy Giuliani, Jenna Ellis, Christina Bobb and Mike Roman. Some of the fake electors are high profile: two state senators (Jake Hoffman and Anthony Kern), a former state Republican party chair (Kelli Ward) and a Turning Point USA executive (Tyler Bowyer).“I have no intention of breaking that case up. I have no intention of dropping that case,” Mayes told MSNBC. “A grand jury in the state of Arizona decided that these individuals who engaged in an attempt to overthrow our democracy in 2020 should be held accountable, so we won’t be cowed, we won’t be intimidated.”Arizona charged people in April 2024, so the case is still in its early stages.GeorgiaGeorgia’s case will be the most watched, especially if all federal charges against Trump are dropped. It is the only state case where Trump himself is charged, though he will seek to have the charges dropped because of the supreme court’s presidential immunity ruling, or at least paused until he’s no longer in office. Several of the 19 people charged pleaded guilty and received probation and fines.Fake electors David Shafer, Cathleen Latham and Shawn Still were charged in the criminal racketeering case, but not all of the fake electors in Georgia were charged – many were granted immunity to cooperate with the case.The US supreme court rejected an attempt by Meadows on Tuesday to move the case to federal court.The next step is set for December: the Georgia court of appeals will hear arguments on whether prosecutor Fani Willis can continue on the case herself despite a romantic relationship with the special prosecutor on the case. A lower court previous ruled that she could continue.MichiganSixteen fake electors were charged in Michigan in mid-2023. One of them agreed to cooperate with the prosecution and had his charges dropped in return.skip past newsletter promotionafter newsletter promotionThe case is working its way through the court process, with the last of the defendants sitting for examinations in October as the judge decides whether the case should go to trial.Six of those charged will serve as Trump’s actual electors this year. Attorneys for those fake and now real electors have said their role this year shouldn’t have any bearing on their legal cases.NevadaSix Trump electors in Nevada were charged at the end of 2023 with state forgery crimes for their roles in the scheme.In June, Clark county district court judge Mary Kay Holthu dismissed the case, saying it was in the wrong venue and should not have been filed in Las Vegas. Democratic attorney general Aaron Ford vowed to appeal the ruling, but defense attorneys have said the charges are now outside the statute of limitations.“My office’s goal remains unchanged – we will hold these fake electors accountable for their actions which contributed to the ongoing and completely unfounded current of distrust in our electoral system,” Ford said. “Our drive to seek justice does not change with election results. We are committed to see this matter through, either through winning our appeal or filing anew before the new year. This is not going away.”Two of the fake electors will again serve as Trump electors this year: Michael McDonald, the chair of the Nevada Republican party, and Jesse Law, chair of the Republican party of Clark county.WisconsinThe fake elector scheme allegedly began in Wisconsin, where pro-Trump attorney Kenneth Chesebro is from.Those who served as fake electors did not get criminally charged in Wisconsin, though three people involved in the scheme – Chesebro, Roman, and James Troupis – were charged in June by the state attorney general for their role in orchestrating the scheme.The state’s fake electors settled a civil lawsuit in 2023 that required them to agree not to serve as electors when elections involve Trump and to acknowledge Joe Biden’s victory in 2020. Some of the electors have publicly claimed they were misled about the purpose of the alternate slates. More

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      in US Politics

      ‘Partisan politics’: how efforts to overturn the Johnson amendment could upend campaign finance

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      Donald Trump has long promised his evangelical base he will undo the Johnson amendment, allowing churches and other nonprofits to weigh in on and donate to political campaigns – and his path to doing so is now clearer than ever.A provision of the tax code since 1954, the Johnson amendment prohibits certain tax-exempt nonprofit organizations from making political endorsements in – or offering monetary support to – political campaigns. If the president-elect succeeds in overturning it through any of a few available methods, experts say it could have the profound effect of opening up a flow of dark money into politics.“I think it’ll have as big, or a bigger impact than Citizens United,” said Andrew Seidel, a constitutional attorney and expert on Christian nationalism. “I don’t think people are fully prepared for a country in which churches can accept tax deductible donations in the billions of dollars and then turn around and use that money for partisan politics.”With a likely narrow majority in the US House of Representatives and the Senate, Trump has multiple avenues to challenge the provision. He could try to push Congress to take legislative action. He could attempt to unwind parts of the provision through executive action, an approach that would likely be subject to litigation. Or, he could involve the Department of Justice – which he has vowed to mobilize politically – in a key, ongoing Texas lawsuit threatening the law.During Trump’s first term, he failed to deliver on his promise to destroy the amendment. Congress failed to roll back the regulatory measure and in an executive order gesturing at the issue, Trump only advised the treasury to take a lenient posture on the political speech of clergy – “to the extent permitted by law”.Now, with a lawsuit filed in Texas making its way slowly through the courts, Trump has yet another avenue to chip away at legal limits on churches’ political activity. The complaint, filed against the IRS by National Religious Broadcasters, two Texas churches and the group Intercessors for America – whose mission includes a “call for godly government” – seeks to find the Johnson amendment unconstitutional.It claims that churches are subject to “unique and discriminatory status” under the tax code and that the IRS “operates in a manner that disfavors conservative organizations and conservative, religious organizations” in enforcing the law.Named after its author Lyndon B Johnson, the Johnson amendment is inserted into section 501(c)(3) of the tax code to prevent certain nonprofits from “participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office”. The law also notes that “contributions to political campaign funds” would “clearly violate” the provision.Some churches already flaunt the law’s requirement to refrain from endorsing political candidates – a trend that the Texas Tribune has documented. Repealing the Johnson amendment would allow churches to go further, including potentially donating to partisan causes. Because churches, unlike other nonprofit organizations, are not required to file 990 forms disclosing key financial information to the IRS, such an arrangement would allow for little public oversight.Representing National Religious Broadcasters on the complaint is Michael Farris, the former CEO of the powerful rightwing legal outfit Alliance Defending Freedom and a driving force behind the “parental rights” movement, which seeks to limit schools’ ability to teach about race, gender and sexuality in the classroom. Like the conservative “parental rights” movement, the push to do away with the Johnson amendment could chip away legal barriers separating church and state.In the short run, overhauling the provision could, Seidel said, allow churches to function effectively as Super Pacs, accepting tax-deductible donations from politically-motivated donors and channeling them into political causes. Such a scenario could, Seidel cautions, force churches to subject themselves to the same financial disclosures that Super Pacs face.“The church could be the subject of litigation, but then again, who’s going to be running the IRS? Who’s going to be enforcing that?” said Seidel. “It’ll be the Trump administration.” More

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      Trump’s wild threats put press freedom in the crosshairs in second term

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      Donald Trump could have an easier time limiting press freedom in his second term in the White House after a campaign marked by virulent rhetoric towards journalists and calls for punishing television networks and prosecuting journalists and their sources, legal scholars and journalism advocacy groups warn.Aside from worries about Trump’s demonization of the press inciting violence against journalists, free press advocates appear to be most alarmed by Trump’s call for the US Federal Communications Commission (FCC) to revoke TV networks’ broadcast licenses and talk of jailing journalists who refuse to reveal anonymous sources.Still, despite a conservative majority on the supreme court and likely Republican control of the House and Senate, those same people also say that America’s robust first amendment protections and a legislative proposal and technology to protect sources mean that a diminished press under Trump is not a certainty.“My big-picture concern is that Trump is going to do exactly what he has been telling us that he wants to do, which is that he is going to punish his critics,” said Heidi Kitrosser, a Northwestern University law professor.Kitrosser added: “He is going to punish people who dissent from his approach to things, people who criticize him and also, perhaps more importantly, investigative journalists and their sources who are not offering opinions but are exposing facts that he finds embarrassing or inconvenient.”Trump has long said journalists deliver “fake news” and are the “enemy of the people”, but since leaving office in 2021 he has used more violent language. At a 2022 rally in Texas, Trump suggested that the threat of rape in prison could compel a journalist to reveal their sources.“When this person realizes that he is going to be the bride of another prisoner shortly, he will say, ‘I’d very much like to tell you exactly who that was,’” Trump said.At a recent campaign rally, Trump also said that given where the press was located at the event, if someone were to try to assassinate him, the person “would have to shoot through the fake news, and I don’t mind that so much”.Kash Patel, who could be appointed as acting attorney general or head of the CIA, frequently talks of the “deep state” and told the far-right Trump ally Steve Bannon in a podcast interview: “We will go out and find the conspirators, not just in government but in the media … We’re going to come after you.”Trevor Timm, executive director of the Freedom of the Press Foundation, said it was “entirely possible that [Trump] is just bloviating”.In his earlier campaigns and first term in office, Trump “was on the campaign trail calling them names and riling up crowds, but he was not actively saying, ‘I want to throw them in jail,’” Timm said.Trump also posted on Twitter during his first term about revoking broadcasters’ licenses when they put out “fake news”.After the tweets, Ajit Pai, then the FCC chair appointed by Trump, said: “I believe in the first amendment.”View image in fullscreen“Under the law, the FCC does not have the authority to revoke a license of a broadcast station based on a particular newscast,” Pai explained.But Trump and his supporters talked more about revoking the licenses during his second run for the White House. CNN reported in October that Trump had over the last two years said at least 15 times that the government should take such actions.After a 60 Minutes interview in October that contained an answer from Kamala Harris about the war in Gaza that differed from her response in a trailer for the interview, Trump called CBS a “threat to democracy” and said its license should be revoked.An FCC commissioner appointed by Trump recently also said that NBC could lose its license for having Harris appear on Saturday Night Live before the election and not giving equal time to Trump.Another Trump-appointed FCC commissioner said it “would not be inappropriate for the commission” to investigate the complaint about the 60 Minutes interview.“That is even more disturbing, because it means that it’s not just Trump wildly spewing off the cuff. It means that two of the five current FCC chairs might be amenable to this argument,” Timm said.Still, it is unlikely that the FCC would be able to revoke a broadcaster’s license before the end of Trump’s term, according to Andrew Jay Schwartzman, senior counselor for the Benton Institute for Broadband and Society.skip past newsletter promotionafter newsletter promotionThe commission only revokes a license when a broadcaster goes off the air, Schwartzman said. The government agency could then take back the spectrum licensed to the station in case someone else would like to use it.The commission could deny a license renewal, but none are up for renewal until June 2028, and the commission would not be able to even decide to hold a hearing on a renewal before the end of Trump’s second term in office, Schwartzman said.As to cracking down on whistleblowers and journalists, Trump could use the Espionage Act, which allows the government to pursue people who share information with journalists related to national security, Kitrosser said.Barack Obama was also aggressive in his use of the law to prosecute whistleblowers during his presidency.Kitrosser said she was “very, very disturbed” by Obama’s crackdown on media sources.But the difference between the Obama administration’s effort and Trump’s call for prosecuting journalists and sources who leak information is that Trump has repeatedly said: “He does not think that criticism of him, criticism of judges that he appoints, criticism of his policies … should be protected,” Kitrosser said. “Not to protect national security, but to protect himself, and I think that is really the fundamental difference between Obama and Trump.”The Trump administration will probably have an easier time pursuing sources than journalists.“I think courts will be more receptive to the argument that the first amendment bars media prosecutions of journalists under the Espionage Act than they have been receptive to those claims by media sources,” Kitrosser said.To protect sources, journalists could also start to rely more on encryption communication tools like Signal in a second Trump term. The Freedom of the Press Foundation has urged journalists to start using such technology.The organization is also lobbying for the passage of the Press Act, which would prohibit the federal government from compelling journalists to disclose certain protected information, except in limited circumstances such as to prevent terrorism or imminent violence, and from spying on journalists through their technology providers.The House passed the bill unanimously. Three Republican senators have also sponsored the legislation, but it has stalled in committee because of a small group of Republicans, including Senator Tom Cotton of Arkansas, who argued the bill would “open a floodgate of leaks damaging to law enforcement and our nation’s security”.“Too many journalists are little more than leftwing activists who are, at best, ambivalent about America and who are cavalier about our security and the truth,” Cotton wrote in a statement explaining his opposition.Timm, of the Press Foundation, said he was unsure whether the Senate would pass the legislation before Joe Biden leaves office.“The Democrats in the lame duck session are really going to have to prioritize it because when the Senate changes hands and the White House changes hands, there is probably little to no chance that this bill would pass,” Timm said. “It’s now or never for protecting journalists’ rights.” More

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      Trump’s ‘golden age of America’ could be an unrestrained imperial presidency

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      At 2.25am, Donald Trump gazed out at his jubilant supporters wearing “Make America Great Again” hats. He was surrounded by his wife, Melania, and his children, the Stars and Stripes and giant banners that proclaimed: “Dream big again” and “Trump will fix it!”“We’re going to help our country heal,” Trump vowed. “We have a country that needs help and it needs help very badly. We’re going to fix our borders, we’re going to fix everything about our country and we’ve made history for a reason tonight, and the reason is going to be just that.”Having risen from the political dead, the president-elect was already looking ahead to what he called the “golden age of America” – a country that had just shifted sharply to the right. And at its core was the promise of Trump unleashed: a radical expansion of presidential power.The 45th and 47th commander-in-chief will face fewer limits on his ambition when he is sworn in again in January. He returns as the head of a Republican party remade in his image over the past decade and as the architect of a right-leaning judiciary that helped eliminate his legal perils. Second time around, he has allies across Washington ready to enforce his will.Kurt Bardella, a Democratic strategist and former Republican congressional aide, said: “What we’re going to have is an imperial presidency. This is going to be probably the most powerful presidency in terms of centralising power and wielding power that we’ve had probably since FDR [Franklin Delano Roosevelt, who was president from 1933 until his death in 1945].”Trump won big in this week’s presidential election against Kamala Harris, the Democratic vice-president. He became the first Republican in 20 years to win the national popular vote. He improved on his 2020 performance in every state except two (Washington and Utah) and made gains in nearly every demographic. A third of voters of colour supported him. Whereas Joe Biden won Latino men by 23 percentage points in 2020, Trump won them by 10 points in 2024.Emboldened by this mandate, Trump, who said he would be a “dictator”, but only on “day one”, is promising a second act more sweeping and transformational than the first. He is backed by a Republican party that regained control of the Senate, might retain the House of Representatives and is more acquiescent than ever. The opposition Democratic party is demoralised and lacks an obvious leader.Trump, who arrived in Washington as a political neophyte eight years ago, is less likely this time to be surrounded by establishment figures and steady hands curbing his darkest impulses. His allies have spent the past several months pre-screening candidates for his administration, aiming to ensure key posts will be filled by dependable foot soldiers. His pugnacious son Don Jr intends to have a say.Bardella added: “It’s going to be a more competent version of the first term. This time Donald Trump and his team know how the White House works. They know what type of personnel they need where to achieve what they want to achieve. They have, unlike last time, more of a complete hold of Congress.”Trump sceptics such as the House speaker Paul Ryan or the congresswoman Liz Cheney are gone, he noted, replaced by Maga devotees primed to do his bidding. “There’s going to be more continuity, more synergy, everyone’s going to march to the beat of the same drummer. There is no resistance within the Republican party any more and they are now facing a Democratic party that is leaderless, that is searching for its own identity, that’s going to have to recalibrate.”Trump will also expect compliance from a conservative supreme court that includes three of his own appointees. The court has loosened the legal guardrails that have hemmed past presidents in thanks to a July decision that gives presidents broad immunity from criminal prosecution.The 78-year-old businessman and former reality TV star also hopes to exploit a new universe of rightwing podcasters and influencers who were instrumental in his election and could help him shape the information ecosystem. Chief among these is X, the social media platform owned by Elon Musk, the world’s richest man, who played a key role in the Trump campaign.Despite the daunting outlook, however, some commentators are optimistic that checks and balances will remain.Elaine Kamarck, a former official in the Bill Clinton administration, said: “For him to expand presidential power, Congress has to give up power and they’re not in the mood to do that. They’ve never done that. There are plenty of institutionalists in Congress.”Kamarck also expressed faith in the federal courts, noting that judges appointed by Trump only constitute 11% of the total placed on the bench by former presidents. A Trump dictatorship is “not going to happen”, she added. “Now, there might be things that the president wants to do that people don’t like that the Republican Congress goes along with him on but that’s politics. That’s not a dictatorship.”Trump will return to power with an aggressive agenda that includes what his ally Steve Bannon called “the deconstruction of the administrative state”. He has proposed a government efficiency commission headed by Musk that would gut the federal bureaucracy. Trump plans to fire federal workers by classifying thousands of them as being outside civil service protections. They could be replaced by what are essentially political appointees loyal to him.On his signature issue, illegal immigration, Trump has vowed to carry out the biggest deportation operation in American history, starting with people who have criminal records or final orders of deportation. He has called for using the national guard and empowering domestic police forces in what he has said will be “a bloody story”.He told Time magazine that he did not rule out building new migrant detention camps but “there wouldn’t be that much of a need for them” because people would be rapidly removed. His running mate, JD Vance, told the New York Times that deporting 1 million immigrants a year would be “reasonable”.During the election campaign Trump played down abortion as a second-term priority, even as he took credit for the supreme court ending a woman’s federal right to terminate a pregnancy and returning abortion regulation to state governments.skip past newsletter promotionafter newsletter promotionAt Trump’s insistence the Republican platform, for the first time in decades, did not call for a national ban on abortion. Even so, Trump has not explicitly said he would veto a national ban if it reached his desk. He has also indicated that he would let Robert F Kennedy Jr, the anti-vaccine conspiracy theorist, “go wild” on public health matters, including women’s health. Trump has promised to extend his 2017 tax cut, reversing Joe Biden’s income tax hikes on the wealthiest Americans and scrapping levies that fund energy measures to combat the climate crisis. Trump also has proposals aimed at working- and middle-class Americans: exempting tips and overtime wages from income taxes.Steve Schmidt, a political strategist and former campaign operative for George W Bush and John McCain, said: “He’s going to have a Republican Congress go through a deregulatory frenzy; they’re going to propose brutal spending cuts that will affect the people primarily that voted for them but also a lot of other poor people in the country.”Trump has vowed to eliminate the Department of Education and slash federal funding “for any school or program pushing critical race theory, gender ideology, or other inappropriate racial, sexual, or political content on our children”. The Trump campaign made opposition to transgender rights a central part of its closing argument, with the president-elect vowing to “keep men out of women’s sports”. He plans to end Biden’s policy of extending Title IX civil rights protections to transgender students and ask Congress to require that only two genders can be recognised at birth.On the world stage, Trump touts an “America first” ideology that would make the US more isolationist, non-interventionist and protectionist than at any time since the second world war. He has proposed tariffs of 10% to 20% on foreign goods despite economists’ warnings that this would drive up inflation.Trump has repeatedly praised authoritarians such as Hungary’s Viktor Orbán and Russia’s Vladimir Putin and not ruled out withdrawing from Nato. He has said he would end Russia’s war on Ukraine within a day, prompting fears of a a deal that compels Ukraine to surrender territory, and reportedly told Israel’s president, Benjamin Netanyahu, that he wants the war in Gaza to be finished by January.Schmidt commented: “They will act very quickly in Ukraine to end the war while escalating the situation with Iran and you’ll see very quickly a tremendous amount of instability with Mexico. It’s going to be horrendous. It’s going to be shocking.”Trump, who falsely claims that the climate crisis is a “hoax”, has said he will again remove the US from the Paris climate accords and dismantle Biden’s climate agenda. He has promised to increase oil production and burn more fossil fuels – “Drill, baby, drill!” was a regular chant at Trump rallies – and weaken regulatory powers or eliminate bodies such as the Environmental Protection Agency.The ascent of Trump, the first convicted criminal to be elected president, is also a crisis for the rule of law. The justice department is moving to wind down the two federal cases against him after he vowed to fire the special counsel Jack Smith “within two seconds” of becoming president. Trump has vowed to bend the department to his will, pardon January 6 rioters and target journalists, election workers and other perceived political enemies.Henry Olsen, a senior fellow at the Ethics and Public Policy Center thinktank in Washington, said: “Will people who he believes broke the law in trying to persecute him and his friends be investigated? Yes. Will they be subject to all of the defense mechanisms and the fair trials that he was afforded? Absolutely.“I’m sure he looks at it and says, ‘I could have gone after Hillary, there’s a lot of reason to; I showed you an open hand and what did you do? You persecuted me for eight years. The gloves are off.’ That doesn’t mean anything other than, ‘OK, you decided to use these weapons, I now own the weapons. I’m going to use the weapons too.’ It’s not the end of American democracy.”Others, however, are less sanguine. Joe Walsh, a former Republican congressman who campaigned for Harris this year, said: “It’s going to be a revenge tour on steroids. I don’t think people realise what’s coming. He is emboldened. He didn’t think he’d win in 2016. He lied about 2020 but oh my God, he thought he was going to win now, he did, and now he believes, ‘Man, they want me and they want what I’ve been promising and I’ve been promising this enemies list.“‘I’m going to put my enemies in jail, I’m going to fuck Nato, I’m going to do what Putin wants me to do.’ If I were the rest of the world and the country, I’d be scared to death because we just put an absolutely out-of-control authoritarian in the White House. That’s scary shit.”Trump’s strongman tendencies will receive defiance and pushback, however. Along with Congress and the courts, America has a robust civil society and rambunctious media. The Women’s March of 2017 set the tone for four years of resistance by progressive activists and pressure groups, an energy that converted into electoral gains in 2018, 2020 and 2022.Now, as Trump prepares for his once unthinkable return to the White House, these weary foot soldiers are preparing to do it all over again. That, in turn, raises the prospect of a fierce backlash from the would-be American Caesar who once asked authorities if they could just shoot protesters in the legs.“What am I worried about most?” pondered Bill Galston, a senior fellow at the Brookings Institution thinktank in Washington. “The answer is that in response either to demonstrations in the streets or the exigencies of rounding up and deporting millions of immigrants here illegally, Mr Trump will invoke the Insurrection Act, which is the closest thing in American law to the declaration of martial law.“That prospect terrifies me. There’s very little else about the administration that terrifies me but the mass deployment of the US military in domestic affairs put us, I’m afraid, on a very slippery slope.” More

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      Judge strikes down Biden plan to help undocumented spouses of US citizens

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      A federal judge has struck down a Biden administration policy that aimed to ease a path to citizenship for some undocumented immigrants who are married to US citizens.The program, lauded as one of the biggest presidential actions to help immigrant families in years, allowed undocumented spouses and stepchildren of US citizens to apply for a green card, the right to permanent legal residency, without first having to leave the country.About half a million foreign-born spouses of US citizens were estimated to have been eligible for the Biden administration’s initiative that was announced in June under the banner “Keeping Families Together”. Applications opened on 19 August.The temporary relief from deportation brought a brief sense of security to those estimated to benefit from the program before the Texas-based US district judge Campbell Barker put it on hold just days after applicants filed their paperwork.Immigration advocates condemned that ruling as “heartbreaking”, saying it could separate mixed-status families for years – or even permanently while their lengthy green card applications are processed.Then on Thursday, the day after Donald Trump recaptured the White House for the Republicans, Barker ruled that the Biden administration had overstepped its authority by implementing the program and had stretched the legal interpretation of relevant immigration law “past its breaking point”.The short-lived initiative would have been unlikely to remain in place after Trump took office in January anyway. But its early termination creates greater uncertainty for immigrant families as many are bracing for Trump’s return to the White House.He has promised a swift and massive crackdown on undocumented people after running on promises of mass deportation and making the US-Mexico border a top election issue for voters, even many hundreds of miles away from the border states of Texas, New Mexico, Arizona and California.The president-elect energized his supporters on the campaign trail with a litany of anti-immigrant statements, especially about asylum seekers and thousands crossing the southern border from Mexico, Central and South America, and troubled Caribbean nations such as Haiti and Cuba, including that immigrants were “poisoning the blood” of the nation.Trump and his vice-president-elect, JD Vance, repeated racist stories, particularly about Haitian immigrants living in the US legally, and whipped up anxiety among their supporters.Fears of anti-immigration roundups, detention and deportation are now rippling through undocumented communities across the US, with the looming threat of families being torn apart and the expulsion of people who have lived law-abiding lives in the US for years, even though the logistics and costs of doing so have not been grappled with by the Trump team.During his first term, Trump appointed Barker as a judge in Tyler, Texas, which lies in the fifth US circuit court of appeals, a favored venue for advocates pushing conservative arguments.Barker had placed the immigration initiative on hold after Texas and 15 other states, led by their Republican attorneys general, filed a legal challenge accusing the executive branch of bypassing Congress to help immigrant families for “blatant political purposes”.Republicans argued the initiative created costs for their states and could draw more migrants to the US.Non-citizen spouses are already eligible for legal status but often have to apply from their home countries, which can take years.Meanwhile, Mexico will continue pursuing measures to stop migrants from reaching its northern border with the US, its top diplomat said on Friday.The foreign minister, Juan Ramón de la Fuente, stressed that Mexico’s model was working and would stay in place, pointing to data that shows the number of migrants apprehended by US authorities at the border had fallen 76% since last December, after sharp rises and then measures including a crackdown on asylum rights by Joe Biden.“It’s working well and we’re going to continue on this path,” he told a press conference.At the same conference Claudia Sheinbaum, Mexico’s president, confirmed that she had spoken to Trump about the border in their first telephone call a day earlier while also pointing to the sharp fall in migrant crossings.“He raised the issue of the border, and he just said it, and I told him, ‘Yes, there is the issue of the border, but there will be space to talk about it,’” said Sheinbaum, who described the conversation as “very cordial”.Much like he did in his previous term as president, Trump has threatened to slap 25% tariffs on all Mexican exports unless its government stops migrants and drugs from crossing the shared border.Mexico is extraordinarily reliant on the US market, which is the destination of about 80% of its exports.The Associated Press and Reuters contributed reporting More

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      US special counsel to wind down criminal cases against Donald Trump

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      Special counsel prosecutors will shut down their criminal cases against Donald Trump before he takes office, according to two people with direct knowledge of the matter, after his stunning victory against Kamala Harris meant they would not proceed to trial.The move reflects the reality that the cases will not be completed before inauguration day. Once Trump returns to the White House, the special counsel’s office would be prohibited from pursuing further criminal actions under justice department policy.The justice department has long known that if Trump won, the criminal cases – over Trump’s retention of classified documents and his efforts to overturn the 2020 election – would be finished because Trump’s attorney general would likely drop the charges.But it is also understood to be a preemptive measure to ensure that Trump will not be able to order the dismissal of the special counsel, Jack Smith, as he had vowed to do if he takes office and Smith remained in his role.That possibility had been relished by Trump’s close aides and advisers, who privately imagined Trump ordering Smith’s removal and his team having to vacate their office space in Washington.The justice department is still examining how to wind down the cases, which are in different stages and are complicated. In particular, the department does not want the classified documents case, which was dismissed and currently under appeal, to go unchallenged.Failure to pursue an appeal over the dismissal of the classified documents case on grounds that the special counsel himself was illegally appointed could set a problematic precedent and hamper the department’s ability to use special counsels in the future.Trump launched his presidential campaign in 2022 under the cloud of an impending special counsel investigation. That investigation examined Trump’s retention of national security materials at his Mar-a-Lago club after he lost the 2020 presidential election.He repeatedly told supporters at rallies and in public statements that he was running for his literal freedom, urging voters to return him to the presidency in part because the charges would only disappear if he was re-elected.For months, Trump’s overarching legal strategy was to delay the criminal cases until after Tuesday’s election. His hope was that if he won, he could appoint a loyalist attorney general who would simply drop the prosecutions.He was unsuccessful in delaying his New York criminal case tied to his efforts to influence the outcome of the 2016 election through an unlawful hush-money scheme, which resulted in his conviction on 34 felony counts. But his conviction barely moved the political needle.The special counsel’s move to preemptively shut down the two federal cases comes as the former Trump attorney general William Barr in a statement urged federal and state prosecutors to end their cases against Trump.“The American people have rendered their verdict on President Trump and decisively chosen him to lead the country for the next four years. They chose him to lead us with the full knowledge of the claims against him by prosecutors around the country,” Barr wrote.“The attorney general and all the state prosecutors should do the right thing and help the country move forward by dismissing the cases.”Read more of the Guardian’s 2024 US election coverage

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      Effects of Republican Senate majority will reverberate through the courts

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      Democrats knew they faced an uphill climb in holding their 51-49 Senate majority on Tuesday, with a map that tilted heavily in Republicans’ favor.But as recently as Sunday, they held out hope that they could maintain control of the upper chamber. They offered cautious optimism that the Democratic incumbent Jon Tester could edge out the Republican Tim Sheehy in Montana, and they felt comfortable with the Democratic senator Sherrod Brown’s chances in Ohio.In the end, Tester and Brown both lost along with the Democrat Glenn Elliott in West Virginia, representing three pick-ups for Republicans. As of Wednesday afternoon, Republicans had secured at least 52 of the Senate’s 100 seats, with the possibility of additional wins in battleground states.Republicans’ new Senate majority will give the president-elect, Donald Trump, far more leverage to enact his legislative agenda and, crucially, confirm judicial and executive nominees.To be clear, Republicans’ legislative prospects will largely depend on whether they can win full control of Congress. The House was still too close to call on Wednesday and would probably remain so for days, as California began the long process of counting millions of mail ballots. If Democrats win a narrow majority in the House, their conference will almost certainly act as a blockade for much of Trump’s agenda.But even without a victory in the House, Trump and Senate Republicans’ partnership could have long-lasting impacts on the country’s courts and laws, given that the upper chamber confirms the president’s judicial nominees.Trump has already nominated three justices to the supreme court, where conservatives hold a six-three majority. With Trump in office, the two oldest conservatives on the court – Clarence Thomas, 76, and Samuel Alito, 74 – may choose to step down to give him the opportunity to fill their seats. In the event that Senate Republicans confirmed Trump’s nominees to replace them, he would become the first president since Dwight Eisenhower to successfully appoint five members of the supreme court.If he has the chance to select more supreme court justices, Trump would probably favor younger nominees who could sit on the bench for decades, given that justices serve lifetime appointments. That possibility underscores a chilling reality for many left-leaning Americans: even though Trump is limited to only serving two terms, the country may be dealing with the repercussions of his presidency far into the future.During his first term, Trump and Senate Republicans prioritized confirming as many conservative judges as possible. Over his four years in office, the Senate confirmed 220 of Trump’s judicial appointments, according to the conservative Heritage Foundation. In comparison, Barack Obama saw 160 judicial confirmations over his eight years in office.After Trump’s flurry of judicial nominations, Joe Biden made it a top priority to match his predecessor’s record. As of Wednesday, the Senate has confirmed 213 of Biden’s judicial appointments, with more possible in the final weeks before the new Congress is seated in January.Because of Trump and Biden’s track records, the new president will inherit the fewest number of federal judicial vacancies in more than three decades, NBC News has reported. But even if the pace of judicial confirmations slows during Trump’s second term, the Republican majority in the Senate will still provide a rubber stamp on other nominations.Trump has made clear that he intends to overhaul the federal government and perhaps even reclassify tens of thousands of non-partisan roles as political appointments. To get his cabinet members and lower-level administration officials confirmed, Trump will need the support of the Senate, and Republicans appear eager to help advance his plans.Although Senate Democrats have lost their majority, their decision to leave the filibuster intact may benefit them in the new session of Congress. During Biden’s early presidency, Democrats had considered amending the filibuster, a legislative mechanism that effectively raises the threshold for passing bills from 51 votes to 60 votes. If Republicans win the House and full control of Congress, Senate Democrats may need to rely on the filibuster to stymie Trump’s agenda.With their party shut out of power for at least the next two years, Senate Democrats will soon turn their attention to the 2026 midterms. But considering senators serve six-year terms, it could take far more than just two years to undo the damage that Tuesday wrought for Democrats.Read more of the Guardian’s 2024 US election coverage

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