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      Dominion Voting Systems sues Giuliani for $1.3bn over baseless election claims

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      Complaint accuses ex-mayor of having ‘manufactured and disseminated’ conspiracy theory related to voting machinesUS politics – live updatesDominion Voting Systems, the voting equipment manufacturer at the centre of baseless election fraud conspiracy theories pushed by Donald Trump and his allies, has sued the former president’s personal attorney Rudy Giuliani in a $1.3bn defamation lawsuit. Related: Schumer promises quick but fair trial as Trump impeachment heads to Senate Continue reading… More

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      ‘Gondor has no king’: pro-Trump lawsuit cites Lord of the Rings

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      Texas case offers baseless mix of allegations of electoral fraud but cites the imaginary kingdom of Gondor as evidenceDonald Trump’s diehard supporters are often accused of living in fantasyland, but one court case recently launched to try to reinstall him as president has surprised even the most hardened observers of Trumpian strangeness by citing as evidence a mythological realm from The Lord of the Rings. Related: Pittsburgh official goes viral by rebuking Ted Cruz – and looking like Jeff Daniels Continue reading… More

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      in US Politics

      'This is not justice': supreme court liberals slam Trump's federal executions

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      The supreme court justices Sonia Sotomayor and Stephen Breyer have excoriated the Trump administration for carrying out its 13th and final federal execution days before the president leaves office.Dustin John Higgs died by lethal injection at the federal correctional institute in Terre Haute, Indiana, on Friday night, after his 11th-hour clemency appeal was rejected.Higgs, 48, was convicted of murdering three women at a Maryland wildlife refuge in 1996, even though it was an accomplice who fired the fatal shots. Willis Haynes was convicted of the same crime but sentenced to life.“This was not justice,” Sotomayor, a Barack Obama appointee, wrote in an order issued late on Friday.Sotomayor, who was critical of the Trump administration’s July 2019 announcement that it would resume federal executions after a two-decade hiatus, condemned what she saw as “an unprecedented rush” to kill condemned inmates. All 13 executions have taken place since July 2020.The government executed more than three times as many people in the last six months than in the previous six decades“To put that in historical context, the federal government will have executed more than three times as many people in the last six months than it had in the previous six decades,” she wrote.“There can be no ‘justice on the fly’ in matters of life and death,” Sotomayor added. “Yet the court has allowed the United States to execute 13 people in six months under a statutory scheme and regulatory protocol that have received inadequate scrutiny, without resolving the serious claims the condemned individuals raised.”Breyer, a fellow liberal on the nine-justice high court, was equally scathing, naming each of the 13 executed prisoners and noting a lower court’s observation that Higgs had significant lung damage. The lethal injection of pentobarbital, Breyer said, would “subject him to a sensation of drowning akin to waterboarding”.He said the court needed to address whether execution protocols risked extreme pain and needless suffering and pressured the courts into last-minute decisions on life or death.“What are courts to do when faced with legal questions of this kind?” he wrote. “Are they supposed to ‘hurry up, hurry up?’”Breyer went further than Sotomayor by questioning the constitutionality of the death penalty, the first member of the current panel to do so. The third liberal justice, Elena Kagan, also dissented in the Higgs case but did not give an explanation.Higgs’s petition for clemency said he had been a model prisoner and dedicated father to a son born after his arrest. He had a traumatic childhood and lost his mother to cancer when he was 10, it said.He was convicted in October 2000 by a federal jury in Maryland for the first-degree murder and kidnapping in the killings of Tamika Black, 19; Mishann Chinn, 23; and Tanji Jackson, 21. Although Haynes shot the women, Higgs handed him his gun.“He received a fair trial and was convicted and sentenced to death by a unanimous jury for a despicable crime,” the US district judge Peter Messitte wrote in December.Arguably the most high-profile execution of the Trump administration came just days ago when Lisa Montgomery received a lethal injection at Terre Haute and became the first woman put to death by the federal government almost seven decades.Her lawyer accused the Trump administration of “unnecessary and vicious use of authoritarian power”.Many believe officials rushed to complete a series of executions before Joe Biden is inaugurated on 20 January. Biden has stated his desire to have the death penalty abolished at federal and state level. More

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      in US Politics

      Nancy Pelosi says lawmakers who aided in Capitol attack may be prosecuted

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      House speaker Nancy Pelosi has said it is possible that members of Congress could face prosecution if found to have “aided and abetted” the violent attack on the Capitol earlier this month that left five people dead.“Justice is called for as we address insurrection perpetrated against the Capitol last week,” the Democratic speaker told reporters on Friday.“If, in fact, it is found that members of Congress were accomplices to this insurrection,” the Democratic speaker said on Friday. “If they aided and abetted the crime, there may have to be actions taken beyond the Congress in terms of prosecution for that.”Pelosi’s comments came after Mikie Sherrill, a Democratic congresswoman of New Jersey, said she saw colleagues leading groups on “reconnaissance” tours of the Capitol a day before the riot.More than 30 Democrats have signed on to a letter, spearheaded by Sherrill, seeking more information about the tours that took place at the Capitol on 5 January.At the press conference – her first since the House impeached Donald Trump for a second time over his role in encouraging the pro-Trump mob – Pelosi announced there would be a review of Capitol security.She said retired Lt Gen Russel Honoré was being tapped to lead a security review of the US Capitol in the wake of last week’s deadly insurrection.Honoré is perhaps best known for overseeing humanitarian aid efforts in Louisiana following Hurricane Katrina. Pelosi says Honoré will conduct an immediate review of security and inter-agency interaction and Capitol “command and control”.Pelosi would not provide specific details on when she would transmit the article of impeachment to the Senate.“They’re now working on taking this to trial,” the speaker said of the impeachment managers. “You’ll be the first to know when we announce that we’re going over there.”Once the Senate receives the article, the chamber must begin a trial to determine whether the president should be convicted and removed from office.Though the trial will probably conclude after president-elect Joe Biden has taken the oath of office on 20 January, a conviction would prevent Trump from running for president again. A handful of Republican senators have already criticized Trump and signaled that they have not decided whether to support conviction, but at least 17 would need to break ranks to convict.Meanwhile, the justice department inspector general announced on Friday that it was launching a review of the department’s role in the riot. The inspector general, Michael Horowitz, said his office would “assess whether there are any weaknesses in DoJ protocols, policies, or procedures that adversely affected the ability of DoJ or its components to prepare effectively for and respond to the events at the US Capitol on January 6”.The justice department has already opened 175 criminal investigations in connection to the Capitol riot, and that number is expected to surpass 300 by the end of Friday, a federal prosecutor said.Speaking at a press conference, Michael Sherwin, the acting US attorney for the District of Columbia, said his office is exploring “more significant felony charges” against those involved in the riot.Sherwin said there are also growing indications that law enforcement officers, both current and former, participated in the riot.“We don’t care what your profession is,” Sherwin said. “We will charge you, and you will be arrested.”Steven D’Antuono, the FBI assistant director who leads the Washington field office, said even friends and family of the rioters are providing tips to the bureau.D’Antuono said, “You might want to turn yourselves in instead of wondering when we’re going to knock on your door – because we will.” More

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      Lawyers face fallout from fueling Trump’s false claims of election fraud

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      Rudy Giuliani, the president’s personal attorney, could be included in a federal investigation and is facing a disbarment complaintProminent lawyers who helped fuel Donald Trump’s baseless charges of election fraud to try and thwart Joe Biden’s win, are now facing potentially serious legal and financial problems of their own tied to their aggressive echoing of Trump’s false election claims, say former Department of Justice lawyers and legal experts.They include a federal investigation into the Capitol attack by a pro-Trump mob, possible disbarment and a defamation lawsuit. Continue reading… More

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      in US Politics

      Saving Justice review: how Trump's Eye of Sauron burned everything – including James Comey

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      With the storming of the Capitol, the fired FBI director’s earnest attempt to help America recover has been overtaken by eventsComey: Trump should not be prosecuted after leaving officeA centuries-old norm has been broken. The inauguration of Joe Biden and Kamala Harris will not mark the peaceful transition of power. On Wednesday, American carnage arrived. Five people including a police officer are dead. Related: After Trump review: a provocative case for reform by Biden and beyond Continue reading… More

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      in US Politics

      US Capitol attack: Trump impeachment looms as Republican support wavers

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      [embedded content]
      Efforts to remove Donald Trump from the White House gathered pace on Saturday, as Democrats announced that at least 180 members of Congress would co-sponsor an article of impeachment they intend to introduce in the House of Representatives on Monday.
      The show of force by the president’s opponents comes amid continuing revulsion at Trump’s incitement of Wednesday’s deadly US Capitol riot and his attempts to overturn electoral defeat by Joe Biden.
      One of the authors of the impeachment resolution, the California congressman Ted Lieu, repeated demands for Trump to resign or face the ignominy of being the first president to be impeached twice.
      On Twitter, Lieu announced that the vast majority of the 222 Democratic House members were onboard for impeachment, and revealed a letter to the New York state bar demanding the disbarment of Trump attorney Rudy Giuliani, who advocated “trial by combat” at a rally preceding the violent invasion of the US Capitol building by a mob of Trump supporters.
      “We will hold responsible everyone involved with the attempted coup,” Lieu wrote.
      Trump’s grip on the presidency appeared increasingly tenuous as impeachment plans advanced, allies continued to abandon him and Twitter banned him, removing his most powerful way to spread lies and incite violence.
      On Friday night one Republican senator, Lisa Murkowski of Alaska, called for the president’s removal.
      “I want him to resign,” she said. “I want him out. He has caused enough damage.”
      Five people died around the chaos at the Capitol, including a police officer who confronted rioters and a rioter shot by law enforcement. Multiple arrests have been made, among them a Florida resident photographed walking off with the lectern of the House speaker, Nancy Pelosi. Also arrested was a man from Arizona who styles himself as the QAnon shaman and who sat in the Vice-President’s chair in the Senate, dressed in horns and animal skins.
      Amid reports the FBI was investigating whether some rioters intended to take lawmakers hostage, the Washington US attorney said a 70-year-old Alabama man was charged after his truck was discovered packed with homemade bombs and guns. Another man was alleged to have threatened to kill Pelosi and to have been heavily armed.
      The article of impeachment, which charges Trump with inciting an insurrection and having “gravely endangered the security of the United States” and its institutions, prompted a flurry of legal activity at the White House, according to Maggie Haberman, a New York Times reporter. She tweeted that a defence team was beginning to take shape, including Giuliani and possibly Alan Dershowitz, a celebrity lawyer who has defended Trump before.

      Significantly, current White House counsel, including Jay Sekulow, Marty and Jane Raskins, Pat Cipollone and Pat Philbin, were reportedly unlikely to be involved in any Senate trial, which according to indications from Senate Republican leader Mitch McConnell is almost certain to take place after Trump leaves office on 20 January.
      The impeachment move is part of a multi-pronged approach by Democrats pressing for Trump’s removal ahead of Biden’s inauguration. Pelosi, who spoke to the leader of the US military, seeking to ensure Trump cannot launch a nuclear attack, has also called for Trump’s removal via the 25th amendment, which provides for the ejection of a president deemed unable to fulfil his duties.
      The treasury secretary, Steven Mnuchin, was reportedly among officials to discuss such a course but it seems unlikely, particularly as cabinet members who might participate have resigned.
      White House sources have asserted Trump will not resign or turn over power to Vice-President Mike Pence in order to seek a pardon, so a second and high-speed impeachment looms. In his first impeachment, over approaches to Ukraine for dirt on political rivals, Trump was acquitted by a Republican-held Senate.
      This time, more Republican senators are indicating support. Murkowski became the first in the open, telling the Anchorage Daily News: “I think he should leave.
      “He’s not going to appear at the inauguration. He hasn’t been focused on what is going on with Covid. He’s either been golfing or he’s been inside the Oval Office fuming and throwing every single person who has been loyal and faithful to him under the bus, starting with the vice-president. More

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      in US Politics

      Trump Twitter: Republicans and Democrats split over freedom of speech

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      Twitter’s decision to permanently suspend Donald Trump’s account in the wake of the storming of Capitol Hill on Wednesday continues to stoke fierce debate, supporters and critics split on partisan lines as they contest what the suspension means for a cherished American tradition: freedom of speech.Republicans – many using Twitter – decried Trump’s removal and claimed conservative beliefs and opinions are being censored.“Big Tech censoring [Trump] and the free speech of American citizens is on par with communist countries like China and North Korea,” tweeted Steve Daines, a senator from Montana.The president’s son Donald Trump Jr said: “Free speech is dead and controlled by leftist overlords.”Democrats argued that the company had the legal right to make the decision – which they said was long overdue.“It took blood & glass in the halls of Congress – and a change in the political winds – for the most powerful tech companies to recognise, at the last possible moment, the threat of Trump,” tweeted Senator Richard Blumenthal, from Connecticut.Trump’s suspension came two days after the US Capitol saw a violent attack by supporters of the president, who has for months spread false information about the election and encouraged his followers to contest the result.Two tweets the president posted on Friday proved the last straw. Trump tweeted that his supporters “will have a GIANT VOICE long into the future” and said he would not attend Joe Biden’s inauguration. Twitter said the tweets were “highly likely to encourage and inspire people” to replicate the Capitol attacks. Reports of secondary attacks have been spreading among extremist social media groups.Debate has been going on for years about the role social media companies should play in moderating content.Conservatives are adamant companies should be punished for what they say is censorship that the Republican Study Committee, a caucus in the House of Representatives, wrote on Twitter “runs contrary to the principle behind our first amendment”.Tiffany Trump, the president’s daughter, used the social media site Parler, popular among conservatives and also subject to controversy over its policies, to say: “Whatever happened to freedom of speech?”Republicans claim Twitter’s move violates the first amendment of the US constitution. Others argue that the first amendment says the government cannot restrict speech, but social media companies are private entities.“[The first amendment] doesn’t give anyone the right to a particular platform, publisher or audience; in fact, it protects the right of private entities to choose what they want to say or hear,” said Mary Anne Franks, a professor at the University of Miami School of Law – on Twitter.Section 230 of the Communications Decency Act exempts social media platforms from legal liability for user-generated content. Republicans including Trump say Congress could curtail social media companies through reform to the law.But Republicans are no longer in control of Congress and activists and Democratic lawmakers said actions taken this week – Facebook has banned Trump for at least two weeks and Google removed Parler from its app store – are what they have been advocating for years. The attack on the Capitol, they said, showed a breaking point had been reached.Misinformation experts and civil rights activists claimed that the platforms were culpable for the attack.“[The violence] is a direct response to the misinformation, conspiracy theories and hate speech that have been allowed to spread on social media platforms,” Jim Steyer, who leads Common Sense Media, an advocacy group which organized the Stop the Hate for Profit campaign that encouraged advertisers to boycott Facebook over hate speech concerns, told the Guardian.Many Democratic lawmakers have been critical of social media companies but have yet to propose specific actions to curtail them.“It’s important to remember, this is much bigger than one person,” wrote Senator Mark Warner of Virginia, incoming chair of the Senate intelligence committee – on Twitter.“It’s about an entire ecosystem that allows misinformation and hate to spread and fester unchecked.” More