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    Special counsel pushes to use Pence against Trump in 2020 election case

    Special counsel prosecutors intend to make Donald Trump’s vice-president Mike Pence and his efforts to recruit fake electors the centerpiece of his criminal prosecution against the former president, according to a sprawling legal brief that was partly unsealed on Wednesday.The redacted brief, made public by the presiding US district judge Tanya Chutkan, shows prosecutors are relying extensively on Trump’s pressure campaign against Pence to support the charge that Trump conspired to obstruct the January 6 certification of the election results.And prosecutors used an equally voluminous portion of the 165-page brief to express their intent to use evidence of Trump trying to get officials in seven key swing states to reverse his defeat to support the charges that he conspired to disenfranchise American voters.The brief’s principal mission was to convince Chutkan to allow the allegations and evidence buttressing the superseding indictment against Trump to proceed to trial, arguing that it complied with the US supreme court’s recent ruling that gave former presidents immunity for official acts.As part of the ruling, the court ordered Chutkan to sort through the indictment and decide which of the allegations against Trump should be tossed because of the immunity rules and which could proceed to trial.The brief was the first round of that process that could take months to resolve and involve hearings to decide what allegations should be kept. Chutkan has the power to decide how much of the indictment can be kept and what evidence can be presented by prosecutors as she makes her decision.According to the redacted brief, prosecutors want to use Trump’s conversations with Pence in the lead-up to the January 6 Capitol attack, interactions between Trump and Pence and other private actors, as well as interactions between White House aides and private actors.The bottom line from prosecutors was that each of the episodes reflected Trump acting not as president but as a candidate for office, which meant the default presumption that conversations between Trump and Pence were official could be rebutted.For instance, prosecutors argued that evidence of Trump using personal lawyers Rudy Giuliani or John Eastman to pressure Pence should be permitted, since using private actors to commit a crime would not be an official act of the presidency or infringe on the functioning of the executive branch.At the White House on 4 January 2021, prosecutors wrote, Trump deliberately excluded his White House counsel from attending a meeting with Pence – meaning the only attorney in the room was Eastman.“It is hard to imagine stronger evidence that the conduct is private than when the president excludes his White House counsel and only wishes to have his private counsel present,” the brief said.View image in fullscreenAnd on a 5 January 2021 phone call, prosecutors wrote, Trump and Eastman were the only ones on the line to make a final effort to pressure Pence to drop his objections and agree not to count slates of electors for Joe Biden when he presided over the congressional certification the next day.“For the defendant’s decision to include private actors in the conversation with Pence about his role at the certification makes even more clear that there is no danger to the executive branch’s functions and authority, because it had no bearing on any executive branch authority,” it said.Prosecutors added that the conversations between Trump and Pence that they wanted to present at trial should be allowed because there was nothing official about them discussing electoral prospects as candidates for office.Referencing previously undisclosed evidence, prosecutors showed that Pence at various points suggested that “the process was over” and that Trump consider running again in 2024 – key evidence that Trump was on notice from his own running mate that he had lost the election.And prosecutors reiterated that charging the most damning evidence that Trump’s lawyers knew they were violating the law – emails where Eastman asked Pence’s counsel Greg Jacob to consider one more “minor violation” of the Electoral Count Act – did not impact the functioning of the executive branch.The expansive brief also included prosecutors asking to take to trial evidence of Trump’s effort to pressure state officials to reverse the results and his effort to then rely on fake slates of electors.The response from Trump’s lawyers is almost certain to be that Trump was calling state officials because he was executing the clause in the US constitution that the president has a duty to ensure the general election was run without interference or fraud.But prosecutors included a pre-emptive rebuttal: “Although countless federal, state, and local races also were on the same ballots … the defendant focused only on his own race, the election for president, and only on allegations favoring him as a candidate in targeted states he had lost.” More

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    ‘Show me the money’: how Eric Adams made it to the top – and fell back down

    Last week, on a grey September morning, the New York City mayor, Eric Adams, was struggling to get ahead of federal prosecutors.News had already leaked that Adams, a former police officer who won in 2021 with a law-and-order message, was about to become the first mayor in city history to be indicted on federal corruption charges.Just minutes before the US attorney for the southern district of New York – an office known for taking on white collar criminals and the mafia – formally announced charges of bribery, wire fraud and the solicitation of campaign contributions from foreign nationals, Adams held his own press conference, in which he painted himself as the victim of a 10-month-long campaign of “leaks”, “commentary” and “demonising”.“We are not surprised,” Adams said solemnly, standing at a small wooden podium. “We expected this.”Behind the mayor stood a line of Black clergy members, an obvious gesture suggesting Adams was part of the long lineage of courageous Black leaders targeted by the white power structure.View image in fullscreenBut as one heckler in the audience that morning made clear, Adams – who had attempted to cut school budgets, raised rents for rent-stabilised tenants and cozied up to the city’s largely white corps of business leaders – might have a harder time projecting himself as a victim of the deep state.“This is not a Black thing. This is a you thing,” the protester shouted, as Adams grinned awkwardly.“You are a disgrace to all Black people in this city,” the heckler continued. “The things that you have done are unconscionable. You hurt our schools. Our streets are dirty. Our children are harassed by the police.”After a few minutes, Adams was able to speak and took questions from reporters, who had just got their hands on the freshly unsealed indictment against the mayor.The sprawling, 57-page filing alleged that for years in the run-up to his mayoral election Adams knowingly sought out and accepted illegal campaign contributions funneled to him by people part of or close to the Turkish government – not to mention luxury hotel stays and more than $100,000 worth of free or discounted flights going everywhere from France to Sri Lanka to China.The day after the indictment’s release, Adams had to go to court. He pleaded not guilty to all charges.This was not the future Adams had imagined for himself three years before when it became clear he was going to become the mayor of the US’s largest city by population.Back then, the candidate’s greatest support seemed to come from beyond.View image in fullscreenGod had previously told Adams, he recalled, that he was “going to be the mayor”, and, indeed, in 2021, right before the pivotal Democratic primary, everything seemed to fall into place for the once obscure Brooklyn politico.New York City’s progressive camp cannibalised itself. One of Adams’s top centrist rivals collapsed in the polls due to decades-old harassment allegations. And after months of protests over the police killing of George Floyd and a temporary rise in shootings, Adams rode a tough-on-crime backlash into office, eking out a victory over a former garbage commissioner with less campaign cash and little name recognition.“Look at me and you’re seeing the future of the Democratic party,” Adams told supporters at the time. “If the Democratic party fails to recognise what we did here in New York, they’re going to have a problem in the midterm elections and they’re going to have a problem in the presidential election.”And it wasn’t just Adams who was predicting big things.A chorus of national political columnists, consultants and analysts heralded his coming reign. Even the political forecaster Nate Silver had high hopes for the former Republican cop turned mayor.“It’s probably foolish to think a NYC mayor will successfully translate into being a national political figure, but I still think Eric Adams would be in my top 5 for ‘who will be the next Democratic presidential nominee after Joe Biden’,” Silver tweeted a few days after Adams took office.Today, as he faces federal charges, historically bad polls and a growing pool of mayoral challengers smelling blood, Adams looks more like a future one-term mayor than the future of the Democratic party.This was not an outcome that national commentators predicted. But former Adams staffers, aides, local lobbyists and elected officials – the kind of people who know how the Empire state runs – say they’re not surprised.Adams came to power through the backrooms of New York machine politics, a seedy but powerful subculture built more on favour-trading and loyalty than any strong ideological convictions. Over two decades, Adams attached himself to influential state lawmakers and party bosses from Brooklyn, cultivated some of the borough’s top real estate and legal titans, and developed a close-knit coterie of advisers and staffers who rose with him for years from the fringes of Brooklyn politics.View image in fullscreen
    This political network and Adams’s own unceasing work ethic helped the candidate build a campaign war chest that proved large enough to get him past the finish line in 2021 – a fact he well understood.“You win the race by raising money. Have to raise money. Everything else is fluff,” Adams texted a close supporter ahead of the election, according to messages cited in the indictment. “I have a 7 million dollar race. I have a clear plan to raise it and each night we are out executing the plan.”But it was this exacting drive, prosecutors allege, that caused him to cross ethical and legal lines in the pursuit of campaign cash and the power that comes with it.In the indictment, former Adams staffers, who appear to have cut deals with prosecutors as they built their case, claimed that their boss personally solicited illegal donations from foreign businessmen and approved of “straw donor” schemes, which used American residents as pass-throughs to mask the money’s true origin. One text message exchange cited in the indictment shows Adams personally pushing a staffer to seek “help” from a Turkish businessman, now accused of funneling him straw donations.Fabien Levy, a spokesperson for Adams, did not provide the Guardian with a comment for this story. Vito Pitta, Adams’s campaign counsel, and Alex Spiro, Adams’s criminal defence attorney, did not respond to requests for comment.Last Friday, after Adams formally pleaded not guilty, he stood outside federal court with Spiro, his attorney, who predicted the charges would be dismissed and accused prosecutors of bringing the case because they were excited by the “spectacle”.How aware, how involved the mayor was in these alleged schemes, may soon be left up to a jury to decide. But for years before the mayor was summoned to stand before a federal judge in lower Manhattan, political insiders say, there were signs that Adams was unafraid to skirt up to the edge of the law on his way to the top.The racetrack scandalWhen Adams first became a state senator from a working-class part of Brooklyn in the mid-2000s, he had a reputation as a reformer.During his early days as a cop, the Queens native publicly clashed with the department’s white ethnic brass. As a young lawmaker, Adams marched with Occupy Wall Street demonstrators and spoke out against the NYPD’s notorious “stop-and-frisk” program, an initiative that pushed cops to search young Black and Latino men en masse in the off-chance that they had a knife or a gun.But while his rhetoric as a press-hungry lawmaker could at times be progressive, Adams – whose long-term ambition was always to become mayor – showed more interest in cultivating alliances than passing landmark pieces of legislation.And some of the causes he did champion were obviously in his self-interest. In 2007, Adams, then a moustachioed freshman lawmaker, stood on the Senate floor and shouted about the need for lawmaker raises. “Show me the money,” declared Adams, wagging his finger to the chamber. “Show me the money. That’s what it’s all about.”Two years later, Adams found a way to raise more in campaign funds, if not personal ones.In 2008, Adams helped broker a deal that made his good friend, the state senator John Sampson, chair of the chamber’s Democratic majority – one of three positions at the time that in effect dominated the New York legislature, which was then considered by some to be a finishing school for political corruption.The following year, as chair of the senate racing and wagering committee, Adams got to work with Sampson to decide which company they would recommend for a multibillion-dollar video slot machine contract at a state-owned thoroughbred racetrack in Queens.New York’s inspector general later concluded that the selection process was tainted by favouritism.Investigators found that Sampson, for example, leaked “one or more confidential internal senate analyses of the competing bids” to a lobbyist working for AEG, the company that eventually landed the contract.View image in fullscreenAnd Adams and Sampson both met New York’s then governor David Paterson over dinner and pushed him to approve the contract for a company called AEG, Patterson later told investigators.The same month, Adams received more than $6,000 from AEG-linked contributors.Adams would later insist to investigators that he did not meet for dinner, contrary to the claims of the governor and his good friend Sampson. Adams said he just so happened to momentarily bump into the governor, Sampson and an AEG representative at the restaurant.“I just said hello to them and I moved on,” he told investigators, a claim that they said strained “credulity”. Four days after the contract was awarded to AEG, Adams and Sampson decided to attend a $1.5m “victory celebration” at the home of the company’s lobbyist.After the scandal came to light, the contract was rescinded. But federal prosecutors never brought any charges against Adams, who insisted long after that he upheld the “highest” of ethical standards throughout the episode. Sampson, who was also not charged for the AEG scandal, was subsequently indicted on embezzlement charges stemming from a separate incident a few years later. In the years after he was released from prison, the former lawmaker benefited from his association with Adams, as the Guardian previously reported.‘A true friend of Turkey’Since he was an NYPD officer in the mid-nineties, Adams had quietly harboured ambitions to become mayor, and, in 2013, he took the next step towards his goal, becoming borough president of Brooklyn. The position had few major responsibilities, but it served as an excellent launching pad for his long-planned mayoral bid.Once in office, Adams began using the post to boost his profile. He hung a large banner of himself on the columns at the front of borough hall. He plastered his image on advertisements for free concerts his office was organising. And soon he began flying to countries around the world – cultivating relationships with foreign government officials and business leaders, which frequently preceded suspicious clusters of campaign donations from members of those nations’ diasporas back in New York City.In his second year in the new post, Adams found time to take two trips to Turkey, arranged by a Turkish government official and businessmen with ties to the government of Recep Tayyip Erdoğan, according to federal prosecutors.In 2016, the Turkish government official connected Adams to a manager at Turkish Airlines, which is partially state-owned. And in the years that followed, prosecutors allege, the airlines provided Adams and members of his inner circle more than $100,000 worth of free or discounted airfares to India, France, China, Hungary, Ghana and Turkey, where the borough president enjoyed free dinners, a boat tour of the Princes’ Islands in the Sea of Marmara and a Turkish bath at a seaside hotel, among other perks. In 2021, with Adams at this point officially running for mayor, the Turkish government official personally helped him harvest illegal campaign cash, according to the indictment. In one case, a New York City-based Turkish construction owner, acting at the behest of the Erdoğan official, held a fundraiser for Adams, prosecutors allege. The government official sent his driver to deliver campaign checks to the event, and the construction owner had several of his employees act as straw donors each giving $1,250 to Adams, having received the exact same lump sums earlier from their boss.Two months later, Adams won New York City’s Democratic primary, in effect making him the mayor-in-waiting.That September, the Turkish official, having cultivated Adams for almost six years, asked his friend for help, prosecutors allege.Erdoğan’s was visiting New York City for a United Nations meeting, and the Turkish consulate needed to ensure the president’s trip would coincide with the opening of a $300m glass skyscraper, slated to serve as the headquarters of multiple Turkish diplomatic missions, according to prosecutors. But the building still had numerous fire safety defects, which Turkish officials feared would prevent their leader from being able to preside over its inauguration.So the Turkish government official began reaching out to Adams’s eastern Europe Muslim countries liaison, the federal indictment alleges, telling her that Turkey had supported Adams and now it was “his turn” to support Turkey.View image in fullscreenThe next day, Adams sent his liaison a message saying he would contact the fire department, prosecutors allege. And in the days that followed, Adams repeatedly contacted the fire commissioner to fast-track the process, even as one department employee warned higher-ups that the site’s fire alarm system had “major issues”, according to messages cited in the filing.“In my opinion, this document does not take any liability that we would be comfortable with,” wrote the department official on 9 September, referring to a letter from a consulate contractor describing the state of the alarm system, according to an email included in the indictment. “I believe it actually tells us this building is not safe to occupy.”The next morning, Adams pushed the fire commissioner for an inspection, messages cited in the indictment show. “They really need someone … by today if possible,” Adams wrote. That afternoon after additional department outreach from Adams, one of the commissioner’s direct subordinates told the agency’s fire prevention chief that if he did not clear the bureaucratic hurdles for the Turkish consulate, they would both lose their jobs, prosecutors allege. The fire prevention chief then bypassed standard department procedure and issued a letter clearing the way for the building to open, an action he later described as “unprecedented”, according to prosecutors.At 2.17pm, Adams got word and messaged the Erdoğan official minutes later, according to an exchange cited in the indictment: “From the commissioner: Letter being drafted now. Everything should be good to go Monday morning.”“You are Great Eric, we are so happy to hear that 🙏🙏,” the Turkish government official wrote, the legal filing states. “You are a true friend of Turkey.”At a press conference last Thursday, federal prosecutors said the investigation into Adams’s ties to Turkey remained ongoing. (Federal authorities are also currently investigating another longtime Adams liaison linked to separate clusters of alleged straw donations, first revealed by the Guardian US in collaboration with the news sites The City and Documented.)The same morning, outside in the rain, Adams watched as protesters repeatedly interrupted his own press conference, calling him a “disgrace” and an “embarrassment”.Between their shouts, Adams asked the public to withhold judgement.“Everyone that knows me knows that I follow campaign rules and I follow the law,” he said. “That is how I live my life. I don’t see coming into the 60s at my age to all of a sudden change what I’ve done all the time.” More

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    Trump makes last effort to keep hidden January 6 case evidence before election

    Donald Trump’s lawyers made a last-ditch effort on Tuesday to limit the amount of evidence that could become public that special counsel prosecutors collected during their criminal investigation into the former US president’s efforts to overturn the results of the 2020 election.The prosecutors last week filed under seal a brief, which may be as long as 180 pages, to presiding US district judge Tanya Chutkan that defends the viability of the charges against Trump even after the US supreme court’s presidential immunity ruling.Simultaneously, the prosecutors asked the judge to allow them to file a public version of the secret brief with quotations and references to grand jury testimony from some of Trump’s closest aides, such as his former chief of staff, and his former vice-president, Mike Pence.To protect the integrity of proceedings and to protect lesser-known witnesses, the prosecutors said they intended in their public filing to redact specific names and use job titles to give context to the information being referenced.The kinds of identifiers being proposed by prosecutors include, according to their filing: “Campaign Manager”, “Arizona’s Governor”, “Senior Campaign Advisor”, “executive assistant”, “the Defendant’s Chief of Staff”, “Georgia Attorney General” and “Chairwoman of the Republican National Committee”.View image in fullscreenOn Tuesday, Trump’s lawyers bitterly complained that the redactions were so specific that it would make public identification of the witnesses easy, accusing prosecutors of trying to damage Trump’s presidential campaign with fewer than five weeks until election day.“In numerous instances, the redactions and pseudonyms proposed by the Special Counsel’s Office fail to meaningfully mitigate the privacy and safety issues the Office references in the Motion and has previously discussed at length,” the Trump lawyers wrote.Trump’s lawyers also claimed that prosecutors were adopting a double standard over redactions: in the case they brought against Trump in Florida over his retention of classified documents, which has since been dismissed, prosecutors pushed for no identifying information whatsoever.“Use of functionally impotent redactions is flatly inconsistent with the Office’s approach to other filings here and in the Southern District of Florida, where they sought to anonymize even ‘Ancillary Names’ based on privacy concerns,” the Trump lawyers wrote.The situation reflects a role reversal for Trump and the special counsel. When it was more expedient for Trump to have witnesses identified in the documents case, so they could complain about the case in public, Trump pushed for looser redactions.But now that it is against Trump’s interests to have the identities of former officials who testified against him become public, Trump has sought for more restrictive redactions that would make public scrutiny of his plot to overturn the 2020 election harder.skip past newsletter promotionafter newsletter promotionThe special counsel’s filing and Trump’s objections come in the aftermath of the supreme court conferring broad immunity from criminal prosecutions to former presidents for actions that related to their official duties in office.As part of the decision, the court’s conservative supermajority ordered Chutkan to sort through the indictment and decide which of the allegations against Trump should be tossed because of the immunity rules and which could remain and proceed to trial.The special counsel’s opening brief was the first round of that process that could take months to resolve and involve hearings to decide what allegations should be kept. Much of the evidence Smith uses to make his case come from sensitive sources, such as grand jury testimony, which are secret.Chutkan has the power to decide how much of the indictment should be kept as well as how much of the special counsel’s evidence can be unsealed to make her determination, although much of the evidence became public knowledge during the House January 6 committee’s hearings two years ago. More

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    US Department of Justice sues Alabama for purging people from voter rolls

    The US Department of Justice filed a lawsuit on Friday against Alabama and its top election official, accusing the state of illegally purging people from voter rolls too close to the November election.Federal officials said the purge violates the “quiet period provision” of the National Voter Registration Act that prohibits the systemic removal of names from voter rolls 90 days before a federal election.Alabama’s Republican secretary of state, Wes Allen, in August announced an initiative “to remove noncitizens registered to vote in Alabama”. More than 3,000 people who had been previously issued noncitizen identification numbers will have their voter registration status made inactive and flagged for possible removal from the voter rolls. The justice department said both native-born and naturalized US citizens, who are eligible to vote, received the letters saying their voting status was being made inactive.“The right to vote is one of the most sacred rights in our democracy,” assistant attorney general Kristen Clarke, who heads the justice department’s civil rights division, said in a statement. “As election day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.”The lawsuit asks for injunctive relief that would restore the ability of affected eligible voters to vote on 5 November.“I was elected secretary of state by the people of Alabama, and it is my constitutional duty to ensure that only American citizens vote in our elections,” Allen said in a statement issued on Friday night. He said he could not comment on pending litigation.Allen in August acknowledged the possibility that some of the people identified had become naturalized citizens since receiving their noncitizen number. He said they would need to update their information on a state voter registration form and would be able to vote after it was verified.The Campaign Legal Center, the Fair Elections Center and the Southern Poverty Law Center earlier this month filed a lawsuit also challenging the voter roll purge. They said the state purge targets naturalized citizens who once had noncitizen identification numbers before gaining citizenship.skip past newsletter promotionafter newsletter promotionThe plaintiffs in that lawsuit include two US citizens who received letters telling them they were being moved to inactive voter registration status because of the purge. One is a Dutch-born man who became a US citizen in 2022. The other is a US-born citizen. More

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    Newsmax and Smartmatic settle 2020 US election defamation lawsuit

    The voting machine company Smartmatic and the conservative outlet Newsmax have settled a closely watched defamation lawsuit days before it was set to go to trial in Delaware.A spokesman for the Delaware courts said the case had been settled on Thursday. He did not offer additional details. The trial was set to begin in Wilmington on Monday.The terms of the settlement are not public.“Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” Bill Daddi, a spokesman for the network, said in a statement.After the 2020 election, Newsmax aired several false claims about the company, whose voting machines were only used in Los Angeles county in 2020. The network repeatedly aired false claims from Trump allies that the software was widely used across the country and that it had been hacked to change votes.Smartmatic sued Newsmax, Fox, One America News Network (OANN) and others for broadcasting their false claims. It settled the case with OANN earlier this year and the Fox case is still pending in New York.Smartmatic said in a statement: “We are very pleased to have secured the completion of the case against Newsmax. We are now looking forward to our court day against Fox Corp and Fox News for their disinformation campaign. Lying to the American people has consequences. Smartmatic will not stop until the perpetrators are held accountable.”First amendment scholars were closely watching the case and several others like it to see whether libel law can be used as an effective tool to police misinformation.The case was set to be a kind of sequel to the defamation litigation between Dominion, another voting machine company, and Fox over 2020 election lies. That case was settled just before the trial was set to begin, with Fox agreeing to pay Dominion $787.5m. Eric Davis, the judge who oversaw the Fox case, was also overseeing the Newsmax case.A settlement was not surprising in the case as trial neared. Davis ruled that Smartmatic could not seek punitive damages, a decision that significantly limited any possible financial payout for Smartmatic.Davis had also ruled that Newsmax could use the “neutral report privilege” as a defense in the case – a legal shield that allows media outlets to broadcast allegations if they are reporting on a newsworthy event and do so in a disinterested and neutral way. Davis had not let Fox used that defense in its litigation.Smartmatic executives were indicted by the justice department earlier this year on bribery charges in the Philippines. Even though the charges were completely unrelated to the 2020 election, it offered an opportunity for Newsmax lawyers to argue that the company’s poor reputation could not be attributed to what was said on its air.But Newsmax also had reasons to settle. In a pre-trial conference, a lawyer for the company had called it a “bet-your-company” case for the outlet. Newsmax, which is projecting $180.5m in revenue this year, saw a surge in audience under the Trump administration and a bump that caught Fox’s attention after the 2020 election as it broadcast false claims about voting.“The Newsmax surge is a bit troubling – truly is an alternative universe when you watch, but it can’t be ignored,” Jay Wallace, a Fox executive, wrote in an email to a colleague after the 2020 election.Unlike in the Fox and Dominion litigation, only a few details emerged in the case revealing internal discussions at Newsmax as they broadcast false claims about the election. One of the messages was an internal letter from Christopher Ruddy, the network’s CEO from November 2020, conceding the network did not have evidence of voter fraud.“Newsmax does not have evidence of widespread voter fraud. We have no evidence of a voter fraud conspiracy nor do we make such claims on Newsmax,” he wrote on 12 November 2020. “We have reported on significant evidence of widespread election irregularities and vote fraud. We will continue to report on that. We believe we should not censor allegations made by the President or his lawyers or surrogates. Our job is not to filter the news but report information and allow Americans to decide.”Another exchange included Bob Sellers, a Newsmax host, and a producer, wondering how long they would have to air false claims about the election. “How long are we going to have to play along with election fraud?” Sellers wrote on 9 November 2020. “Trump’s MO is always to play victim [] And answer this question. Is there anything at all that could result in another election? The answer is no. and are there enough votes that could be switched or thrown out from fraud or irregularities? No.”The lack of a trial may rob the public of the chance to hear about the state of mind of people who were behind broadcasting election lies, said RonNell Andersen Jones, a first amendment scholar at the University of Utah who has closely followed the defamation cases filed by those harmed by 2020 election lies.Still, she noted that Davis had already ruled that the statements at issue in the case were false, and cautioned against expecting defamation cases to be a cure for misinformation.“Defamation law can declare something a lie, but the question of whether a lie was told is only one of many questions that have to be asked and answered,” she said in an interview earlier this week. “It is a notoriously complex area of law, which means cases can be won or lost on a lot of grounds that have nothing to do with the truth or falsity of the statement. And I am not sure that translates well to public discussion.”Lyrissa Lidsky, a media law professor at the University of Florida, also cautioned against expecting libel law to be a cure-all for disinformation.“Defamation law is not a panacea for election misinformation. There’s just no two ways about it,” she said. “It’s just a small piece.” More

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    Rudy Giuliani disbarred in Washington DC over role in Trump election plot

    Rudy Giuliani, the former New York mayor who built a career as an uncompromising crime-fighter, has been permanently disbarred from practising law in Washington DC in a ruling stemming from his role in trying to overturn the 2020 presidential election in Donald Trump’s favour.The decision came in the form of a one-page order issued by the US capital’s court of appeal and followed a similar order issued in July in New York, Giuliani’s home state.Unlike that ruling, the decision in Washington was not directly related to his actions in Trump’s election-denying effort but was instead based on his failure to respond to a request that he explain why he should not be subject to the same penalty as meted out in New York.“ORDERED that Rudolph W Giuliani is hereby disbarred from the practice of law in the District of Columbia, nunc pro tunc [a Latin term used in legal parlance to mean retroactive] to August 9, 2021,” Thursday’s appeal court order said.In 2021, the appeals court had suspended Giuliani’s law licence in Washington after being notified of a similar decision in New York.The DC bar’s board of responsibility recommended in 2022 that Giuliani’s law licence be indefinitely revoked after its investigators found him guilty of unethical conduct over inaccurate and unsupported claims he made in testimony to a federal court in Pennsylvania while disputing the 2020 election results.The DC court of appeals order did not hinge on those findings. By contrast, the New York appeals court made similar judgments in issuing its ruling, asserting that Giuliani “repeatedly and intentionally made false statements, some of which were perjurious, to the federal court, state lawmakers, the public … and this Court concerning the 2020 Presidential election”.Ted Goodman, a spokesman for Giuliani called the order “an absolute travesty and a total miscarriage of justice”.“Members of the legal community who want to protect the integrity of our justice system should immediately speak out against this partisan, politically motivated decision,” he said.The order is the latest blow to the standing of a man who was dubbed “America’s mayor” for the leadership role he played in the aftermath of the 9/11 attacks in New York in 2001, which happened when he was the city’s mayor.Last year, two election workers in Georgia won $148m in damages after he defamed them by accusing them of fraud. A week later he filed for bankruptcy. More

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    Haitian immigrant group calls for arrest warrants for Trump and Vance in Ohio

    The Haitian Bridge Alliance, a non-profit organization that “provides migrants and immigrants with humanitarian, legal and social services”, filed criminal charges against Donald Trump and JD Vance over their inflammatory, racist remarks about Haitian immigrants. The rhetoric has led to threats of violence in Springfield, Ohio, including more than 30 bomb threats, forced evacuations of schools and government buildings and violence against Haitians in the city.The filing comes after both the Republican presidential candidate and his running mate made false statements about Haitian immigrants in Springfield, alleging that they were stealing and eating their neighbors’ pets. The charges include disrupting public services, making false alarms, two counts of telecommunications harassment, aggravated menacing, and complicity. Ohio law allows the public to file criminal charges in the same way a prosecutor would. In this case, the Haitian Bridge Alliance is asking the Clark county municipal court to affirm that there is probable cause that Trump and Vance committed the crimes, and to issue arrest warrants for them both.“Trump and Vance have knowingly spread a false and dangerous narrative by claiming that Springfield, Ohio’s Haitian community is criminally killing and eating neighbors’ dogs and cats, and killing and eating geese,” the affidavit reads. “They accused Springfield’s Haitians of bearing deadly disease. They repeated such lies during the presidential debate, at campaign rallies, during interviews on national television, and on social media.”Trump continued perpetuating the statements even after they had been confirmed to be false, while Vance recently remarked that he was willing to “create stories” for political gain.They continued to repeat what the filing calls an “orchestrated … campaign of lies” that “spread a false narrative that Haitians in Springfield are a danger”.“Many public institutions have been forced to evacuate, and vital local resources were diverted to investigate the barrage of threats to the community,” the filing reads.Despite the public nature of Trump and Vance’s claims, local prosecutors have failed to take any action. But because the criminal charges were filed by citizens, a prosecuting attorney will be obligated to make a public decision.Trump and Vance, the US senator from Ohio, have indicated that they may travel to Springfield. The filing asks the court to make a decision prior to their arrival.“This should be done before Trump fulfills his threat to visit Springfield – despite Mayor Rob Rue’s request that he not do so – so that he may be arrested upon arrival for his criminal acts,” the affidavit reads. More

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    Alaska man arrested over death threats made to supreme court justices

    A man from Alaska has been arrested and accused of threatening to kill six of the nine US supreme court justices and some of their family members, authorities have said – as a judge in Kentucky was shot dead on Thursday amid rising concerns about violence against public officials.Panos Anastasiou, 76, has been indicted on federal charges for allegedly sending more than 465 messages to the supreme court through a public court website. The messages contained graphic threats of assassination and torture, along with racist and homophobic rhetoric, according to the justice department.The indictment does not specify which justices Anastasiou targeted, but the US attorney general, Merrick Garland, said the man made the graphic threats as retaliation for court decisions he disagreed with.“Our democracy depends on the ability of public officials to do their jobs without fearing for their lives or the safety of their families,” Garland said.Anastasiou was released from detention late on Thursday with a list of conditions, including not contacting, directly or indirectly, any of the six justices or their family members.During the hearing, magistrate Kyle Reardon noted some of the messages Anastasiou allegedly sent between March 2023 and mid-July 2024, including calling for the assassination of two of the Republican-appointed justices so the current Democratic president could appoint their successors.Anastasiou received a visit from FBI agents last year and instead of toning down his rhetoric after receiving that visit, he increased the frequency of his messages and their vitriolic language, the judge said.Threats targeting federal judges overall have more than doubled in recent years amid a surge of similar violent messages directed at public officials around the country, the US Marshals Service previously said.Meanwhile, a judge in a rural Kentucky county was shot dead in his courthouse chambers by the local sheriff, the police said. The sheriff has since been charged with murder.According to CBS News, officials said the sheriff shot the judge in his chambers following an argument but did not give further details.A survey conducted this summer indicates an increase in support for political violence in the US. Leaders of gun safety groups have blamed the proliferation of firearms for the deadliness of such events.The rise in support for political violence in the US is happening at a time when there is widespread misinformation and heightened partisanship, leading to growing concerns regarding potential disruptions to the upcoming presidential election.Just this week alone, former president Donald Trump was the target of another apparentassassination attempt, only two months after he was shot at and injured during a rally in Pennsylvania, where an attendee was killed and two others were injured.Also this week, suspicious packages, some of which contained white powder, were sent to election officials in 16 states, marking the second time in a year that suspicious mail has been sent to election officials in multiple states.Over the summer, it was reported that Alvin Bragg, the Manhattan district attorney who prosecuted Donald Trump in the hush-money case, received threats targeting him, and that Juan Merchan, the judge overseeing that case, also faced threats.Shenna Bellows, Maine’s Democratic secretary of state, had her home swatted last year after she disqualified Trump from the presidential ballot, and justices on the Colorado supreme court faced death threats after making a similar decision.In preparation for the upcoming election, some jurisdictions, including some in Georgia, are ramping up security measures for election workers and voting locations by purchasing panic buttons for employees and hiring security guards for election offices.Axios reported that some jurisdictions are equipping voting facilities with bulletproof glass, better security cameras and a separate exhaust system for areas where mail-in ballots will be processed.Since the 2020 presidential election, election offices and the individuals who work at them have been targets of harassment and even death threats. The Associated Press reported that these threats mainly come from individuals who believe the false claims made by Trump that the 2020 election, which Joe Biden won, was stolen from him through widespread fraud and rigged voting machines.The Associated Press contributed reporting More