Merrick Garland

Subterms

    More stories

    • 213 Shares189 Views

      in US Politics

      The right believes the FBI is obsessed with jailing Trump. The opposite is true | Andrew Gawthorpe

      by

      Donald Trump’s indictment earlier this month on 37 counts related to mishandling classified information set off a firestorm on the political right. Conservatives accused Joe Biden of using the justice system to prosecute his main political rival and attempting to “steal” the 2024 election. Kevin McCarthy, the Republican speaker of the House of Representatives, promised to “hold this brazen weaponization of power accountable”. In short, the right wants us to believe that Biden and his administration will stop at nothing to put Trump in jail as quickly as possible.In fact, the exact opposite is true. Worried about just this type of accusation, the justice department under Merrick Garland and the FBI have approached their investigations of Trump much too cautiously. Far from being persecuted because of who he is, Trump’s status as a former president and as the unofficial leader of the Republican party have led to him being handled with vastly more deference than anyone else would be. The result has been a series of delays and missteps which may allow Trump to escape accountability once again.It is now nearly 18 months since the government first recovered classified material from Mar-a-Lago in early 2022. Although the justice department concluded shortly afterwards that Trump likely possessed further sensitive material, it took seven months for Mar-a-Lago to be searched, in part because the FBI feared that the move would open the agency to accusations of partisanship. Trump was then only indicted nearly a year later. After his initial arraignment he remains a free man, released without having to post bail – despite credible concerns he may still have additional classified material in his possession.Compare that timeline to the events surrounding the arrest of intelligence contractor Reality Winner, who in 2017 received a five-year prison sentence for leaking one document to the news website the Intercept. The document Winner leaked was written on 5 May 2017 and she was arrested on 3 June, days before the Intercept even had a chance to publish its article about her leak. She was indicted on 8 June and jailed pending her trial. Winner later pleaded guilty to violating the Espionage Act – precisely the law that it seemed clear Trump had flouted for over a year before he was indicted.Trump has likewise been slow to face consequences in the federal investigation into his actions leading up to the insurrection at the US Capitol. According to a new report by the Washington Post, the justice department and FBI delayed launching a probe into Trump’s push to overturn the 2020 election for 15 months, again because of fears that they would be criticized for partisanship. The agencies instead pursued cases against rank-and-file insurrectionists, ignoring the existence of evidence implicating Trump and his inner circle until media and political pressure forced them to begin taking it seriously.These delays matter because they make it possible – even likely – that Trump will never truly face accountability for his actions. Trump’s trial in the documents case is unlikely to be held before the 2024 presidential election and the same is true for any possible charges in the January 6 case. If Trump wins the election and becomes president again – as current polls suggest he will – then he will have multiple tools at his disposal to derail the trials or even pardon himself. Justice delayed will be justice denied.Efforts by the justice department and other agencies to appear non-partisan have been well-intended but outdated. The modern conservative movement will give the Biden administration and the law enforcement agencies little credit for proceeding so slowly and deliberately. Instead, the justice system’s extreme deference to conservative complaints will only encourage the Maga movement to double down. If federal law enforcement can be so easily scared away from enforcing the law without fear or favor, we can expect more hysteria and finger-pointing – even threats of violence – to follow in the future.These events also set a catastrophic precedent. The sitting president’s immunity from prosecution and the political barriers to impeachment leave criminal proceedings after a president leaves office as the last available means of imposing accountability. If law enforcement agencies are too scared to investigate prominent politicians promptly and effectively, even that opportunity will vanish and presidents will be left with virtually no checks on their behavior.But worst of all is the fact that if Trump gets off the hook and re-enters office, the independence and integrity of the justice department and FBI are likely to be destroyed anyway. He has made it clear that he would seek to weaponize law enforcement agencies against his political opponents, including by forcing the justice department to follow his personal and political vendettas.skip past newsletter promotionafter newsletter promotionTrump himself represents a unique threat to the rule of law and the independence of American law enforcement, one which must be confronted with appropriate but aggressive tools. Sadly, thanks to years of misplaced appeasement, it might already be too late.
      Andrew Gawthorpe is a historian of the United States at Leiden University. He hosts a podcast called America Explained and writes a newsletter of the same name More

    • 163 Shares169 Views

      in US Politics

      Joe Biden to unveil executive order to crackdown on law breaking gun sellers

      by

      Joe Biden will announce on Tuesday that he is ordering the attorney general, Merrick Garland, to crack down on gun sellers who break the law, “moving the US as close to universal background checks as possible”, the White House said.The president will speak in Monterey Park, California, meeting victims’ families and community members devastated by a mass shooting that claimed 11 lives and injured nine other people in January.Opinion polls show that a majority of both Democrats and Republicans support universal background checks that would reveal whether a person is a convicted criminal or domestic abuser before allowing them to buy a gun. But with Republicans in control of the House of Representatives, there is little hope of Congress heeding Biden’s pleas to pass legislation.On a swing through California, the president will acknowledge this political reality and unveil an executive order to enforce existing laws against gun sellers who, knowingly or otherwise, currently fail to run the background checks they should.On a conference call with reporters, a senior administration official said last year’s bipartisan gun safety legislation – the most sweeping of its kind in three decades – “created an opening” for Biden to direct the attorney general to move the US as close to universal background checks as possible without additional legislation.He will ask Garland to clarify the statutory definition of who is “engaged in the business” of dealing in firearms, the official said. “Number one, to make it clear that those who are wilfully violating the law need to come into compliance with the law and, number two, to make it clear to people who may not realise that, under that statutory definition they are indeed in the business of selling firearms, they must become federally licensed firearm dealers and they must run background checks before gun sales.”The administration argues that this will mean fewer guns sold without background checks and therefore fewer guns ending up in the hands of criminals and domestic abusers. Garland will also devise a plan to stop gun dealers whose licenses have been revoked or surrendered from continuing to trade.There will be an effort to hold the gun industry accountable by naming and shaming federally licensed firearms dealers who are violating the law. Garland will release Bureau of Alcohol, Tobacco, Firearms and Explosives records from the inspection of firearms dealers cited for breaking laws.The executive order also aims to boost public awareness of “red-flag” laws that allow individuals to petition a court to allow police to confiscate weapons from a person adjudged dangerous to themselves or others.These extreme risk protection orders have been enacted in 19 states and the District of Columbia but, the White House noted, are only effective if the public knows when and how to use them. Biden’s cabinet will be asked to work with law enforcement, healthcare providers, educators and other community leaders to ensure their effective use and to promote the safe storage of guns.The senior administration official insisted that, whatever the likely resistance from Republicans and certain localities, the president’s actions enjoy broad support. “These are not controversial solutions anywhere except for in Washington DC in Congress. The actions the president is proposing to move closer to universal background checks are just common sense.“Similarly, safe storage, extreme protection orders, these are things that have the support of the vast majority of Americans. The vast majority of Americans are looking for a leader in Washington who will take change and make their community safer and that is exactly what the president is doing here.”Biden, who has previously called gun violence in America “an epidemic” and “international embarrassment”, will further order efforts to counter a sharp rise in the loss or theft of firearms during shipping, enlist the Pentagon in improving public safety practices and encourage the Federal Trade Commission to issue a report analysing how gun makers market firearms to children, including through the use of military imagery.In addition, he will seek to improve federal support for gun violence survivors, victims and survivors’ families. The White House pointed out in a press release that, when a hurricane overwhelms a community, the Federal Emergency Management Agency steps in.But when a mass shooting does so, “no coordinated US government mechanism exists to meet short- and long-term needs, such as mental healthcare for grief and trauma, financial assistance (for example, when a family loses the sole breadwinner or when a small business is shut down due to a lengthy shooting investigation), and food (for example, when the Buffalo shooting closed down the only grocery store in the neighborhood)”. More

    • 188 Shares189 Views

      in US Politics

      Deal reached with Republicans to repeal Iraq war authorizations, says Schumer – as it happened

      by

      The Senate’s Democratic leader Chuck Schumer said a deal has been reached with the GOP to repeal the 1991 and 2002 authorizations for use of military force against Iraq, which provided the congressional authority for America’s strikes against Saddam Hussein’s government, and the invasion that ultimately toppled him from power.In a speech on the Senate floor, Schumer said the foreign affairs committee would begin considering the measure next week.“There’s support on both sides of the aisle for this proposal. Because both Democrats and Republicans have come to the same conclusion: we need to put the Iraq war squarely behind us once and for all. And doing that means we should extinguish the legal authority that initiated the war to begin with,” the New York lawmaker said.Lawmakers from both parties have sought to repeal the authorizations for years, but never managed to do so. Punchbowl News reports that in the House, two of its most conservative Republican members are leading the charge to approve the repeals.The mystery of “Havana syndrome” continued, with US intelligence agencies concluding no foreign adversary was behind the debilitating attacks on its government officials overseas, but otherwise coming up with no answers for what so harmed their health. Meanwhile at the White House, Joe Biden introduced Julie Su, who he has nominated for a promotion to the labor department’s top post. If confirmed by the Senate, she would be the first Asian American cabinet secretary to serve since he took office two years ago.Here’s what else happened today:
      The Senate will consider legislation to revoke the 1991 and 2002 authorizations for use of military force against Iraq, its Democratic leader said.
      FBI agents in Washington tried to slow down the investigation into Donald Trump’s possession of classified documents at Mar-a-Lago.
      Top Democrats want Fox News to stop promoting Trump’s lies about the 2020 election.
      Attorney general Merrick Garland got into it with rightwing senator Ted Cruz over security for supreme court justices.
      The mute people in straitjackets wandering around the Capitol? Adam Kinzinger sent them.
      Elsewhere in the Capitol, things have gotten a bit weird:The House offices are filled with people silently walking the halls in straitjackets and light-up glasses.I asked if it’s a protest but they indicated they’re not allowed to speak. pic.twitter.com/Q6Lb7NQDh9— Andrew Solender (@AndrewSolender) February 28, 2023
      That was from yesterday. Today, the white-clad performers were back, this time displaying a QR code that Axios used to figure out who was behind them: Adam Kinzinger. The retired House lawmaker was one of two Republicans to serve on the January 6 committee, but ultimately decided not to run for another term and left Congress at the end of last year.Now, he’s helming a campaign against political extremism, and told the website the performers’ uniforms and straitjackets were meant to send a message. “We call them ‘drones’ … They’re just kind of droning around, they really don’t have a purpose at the moment… because they just feel unrepresented. They feel like government is just kind of going along.” The whole point of their presence in the halls of the Capitol offices were to grab attention, he said, and satirize the “desperate need of every lawmaker and staffer there” to go viral on social media or appear on TV.Thus far, Kinzinger has spent $250,000 on the campaign’s launch, which also includes advertising on billboards and television. “I’m sure it’ll end up probably building to be even more,” Kinzinger told Axios.The Senate’s Democratic leader Chuck Schumer said a deal has been reached with the GOP to repeal the 1991 and 2002 authorizations for use of military force against Iraq, which provided the congressional authority for America’s strikes against Saddam Hussein’s government, and the invasion that ultimately toppled him from power.In a speech on the Senate floor, Schumer said the foreign affairs committee would begin considering the measure next week.“There’s support on both sides of the aisle for this proposal. Because both Democrats and Republicans have come to the same conclusion: we need to put the Iraq war squarely behind us once and for all. And doing that means we should extinguish the legal authority that initiated the war to begin with,” the New York lawmaker said.Lawmakers from both parties have sought to repeal the authorizations for years, but never managed to do so. Punchbowl News reports that in the House, two of its most conservative Republican members are leading the charge to approve the repeals.Joe Manchin, the Democratic senator whose hostility to aggressively fighting climate change and some social aid programs infuriated progressives, remains coy about whether he will stand for another term in 2024, Punchbowl News reports.Try and decode this:Asked if he’ll run for re-election, Manchin says “I will be involved.”— Jake Sherman (@JakeSherman) March 1, 2023
      Love him or hate him, the truth is that Manchin’s presence has allowed Democrats to control the Senate since January 2021 – and few in the party believe that voters in red-state West Virginia would replace him with another Democrat if he does not run again.As he testifies before the Senate judiciary committee, it’s become clear what Republicans are using as their attack line of the day against attorney general Merrick Garland.GOP senators at the hearing are accusing him of ignoring the security concerns of conservative supreme court justices, who were the target of protests outside their homes, particularly around the time of their decision to overturn Roe v Wade. Case in point, here’s Republican Tom Cotton of Arkansas’s exchange with Garland:Sen. Tom Cotton (R-AR) asks Attorney General Merrick Garland why the DoJ wouldn’t arrest protesters outside Supreme Court justices’ houses when the department devoted time to prosecuting January 6th insurrectionists.Garland: “Our priority is violence and threats of violence.” pic.twitter.com/Oqksj0TbaQ— The Recount (@therecount) March 1, 2023
      Last year, Congress agreed to pay for more security for supreme court justices and their families in a measure approved by bipartisan votes.Our world affairs editor, Julian Borger, considers the state of US-China relations, and views about US-China relations from both sides of the aisle in DC, a day after the first hearing of the House China committee…The Biden administration has settled on the ambiguous phrase “pacing challenge” to characterise Beijing’s place in its global outlook, but the newly formulated House China committee expressed impatience with such delicacy at its first hearing on Tuesday.“We may call this a ‘strategic competition’,” said Mike Gallagher, the committee’s Republican chairman. “But this is not a polite tennis match. This is an existential struggle over what life will look like in the 21st century, and the most fundamental freedoms are at stake.”The ranking Democrat, Raja Krishnamoorthi, said both Republican and Democratic administrations had underestimated the threat posed by China and called for a policy built around deterrence.“We do not want a war with the PRC [People’s Republic of China], not a cold war, not a hot war, we don’t want a ‘clash of civilizations’. But, we seek a durable peace. And that is why we have to deter aggression,” Krishnamoorthi said.Here’s Lauren Gambino’s report on that first committee hearing:‘Time is not on our side’: Congress panel says tackling China defines next centuryRead moreSpeaking of Trump’s election subversion and the events of January 6, Politico is first to report a new move by Liz Cheney, the Wyoming Republican and member of GOP royalty who stood up to Trump, vice-chaired the House January 6 committee and lost her seat in Congress to a Trump loyalist as a result.Cheney is joining the Center for Politics at the University of Virginia as a professor of practice, Politico reports, a move due to be announced today. The daughter of the former congressman, defense secretary and vice-president Dick Cheney will “offer guest lectures in classes and public events as well as participate in research”.Liz Cheney said: “There are many threats facing our system of government and I hope my work with the Center for Politics and the broader community at the University of Virginia will contribute to finding lasting solutions that not only preserve but strengthen our democracy.”The other Republican who sat on the January 6 committee, Adam Kinzinger of Illinois, retired from Congress rather than face losing his seat to a Trumper.Politico now reports that he is launching “a nationwide campaign urging voters to reject extreme candidates on both sides of the aisle ahead of the 2024 election”..css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The centerpiece of the campaign is a nearly six-minute-long video titled Break Free, inspired by Apple’s 1984 Super Bowl ad about escaping the conformity of non-Apple computers. In the political ad’s twist, people are forced to wear blue- and red-tinted goggles showing them divisive images and broadcasts from a Big Brother-type character until they take them off and escape. A monologue from Kinzinger urges Americans to reject political extremes.”Here’s more about the 1984 Apple ad:The Apple Super Bowl ad that announced the future was hereRead moreAnd here’s an interesting nugget about Cheney: her defiance of Trump was in part informed and inspired by her reading of Lincoln on the Verge, a 2020 book by the historian and sometime Guardian contributor Ted Widmer which you should definitely read. Here’s some lunchtime reading on that:‘What it means to be an American’: Abraham Lincoln and a nation dividedRead moreDonald Trump has responded to news of Rupert Murdoch’s extraordinary deposition in Dominion Voter Systems’ billion-dollar defamation suit against Fox News.The deposition concerns the repetition by Fox News hosts of the lie spread by Trump and his advisers and allies that Joe Biden’s 2020 election win was the result of voter fraud, specifically voter fraud supposedly carried out using Dominion machines in extraordinarily outlandish ways.The Trump response is, predictably, furious and filled with a characteristic disregard for the truth:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}If Rupert Murdoch honestly believes that the Presidential Election of 2020, despite MASSIVE amounts of proof to the contrary, was not Rigged & Stolen, then he & his group of MAGA Hating Globalist RINOS should get out of the News Business as soon as possible, because they are aiding & abetting the DESTRUCTION OF AMERICA with FAKE NEWS. Certain BRAVE & PATRIOTIC Fox News Hosts, who he scorns and ridicules, got it right. He got it wrong. THEY SHOULD BE ADMIRED & PRAISED, NOT REBUKED & FORSAKEN!!!That was delivered, of course, via Truth Social, Trump’s social media platform which he set up after being booted off Twitter for inciting the deadly January 6 attack on Congress.For some further and rather more temperate reading, here’s Charles Kaiser’s look at why the Dominion suit is such a serious problem for Murdoch and Fox News:How Dominion Voting Systems filing proves Fox News was ‘deliberately lying’Read moreAnd here’s Ed Pilkington’s look at the Murdoch deposition … and why it is such a serious problem too:Stunning Rupert Murdoch deposition leaves Fox News in a world of troubleRead moreThe mystery of “Havana syndrome” continues, with US intelligence agencies concluding no foreign adversary was behind the debilitating attacks on its government officials overseas, but otherwise coming up with no answers for what so harmed their health. Meanwhile at the White House, Joe Biden introduced Julie Su, who he nominated for a promotion to lead the labor department. If confirmed by the Senate, she would be the first Asian American cabinet secretary to serve since he took office two years ago.Here’s what else has happened today so far:
      FBI agents in Washington tried to slow down the investigation into Donald Trump’s possession of classified documents at Mar-a-Lago.
      Top Democrats want Fox News to stop promoting Trump’s lies about the 2020 election.
      Attorney general Merrick Garland got into it with rightwing senator Ted Cruz over security for supreme court justices.
      Joe Biden is cheering news that drugmaker Eli Lilly will drop the price of insulin:Huge news.Last year, we capped insulin prices for seniors on Medicare, but there was more work to do.I called on Congress – and manufacturers – to lower insulin prices for everyone else.Today, Eli Lilly is heeding my call. Others should follow. https://t.co/Kv57KFATe9— President Biden (@POTUS) March 1, 2023
      As is Jaime Harrison, chair of the Democratic National Committee:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Thanks to the leadership of President Joe Biden, Americans across the country will no longer be forced to pay astronomical prices for the life-saving insulin they need. Make no mistake: Eli Lilly’s decision to cap its insulin prices at $35 a month is a direct result of President Biden calling on drug manufacturers to lower insulin prices for everyone else, after Democrats passed the Inflation Reduction Act to cap insulin costs for seniors on Medicare, which every single Republican in Congress voted against. While Democrats’ fight to bring down costs for American families, MAGA Republicans have threatened to try and repeal the Inflation Reduction Act and raise drug prices for millions of Americans.”Attorney general Merrick Garland usually presents a placid facade in public, but in today’s Senate judiciary committee oversight hearing, Republican Ted Cruz managed to get the top prosecutor’s back up.The Texas lawmaker hammered Garland about why US Marshals did not stop protesters outside the homes of supreme court justices who voted last year to overturn Roe v Wade. Republicans have used the arrest of California man who allegedly plotted to murder conservative justice Brett Kavanaugh to argue that the demonstrators presented a threat to justices, and that the Biden administration did little to stop it.Here’s the exchange:Sen. Ted Cruz (R-TX) and AG Garland go back and forth over protesters outside SCOTUS justices’ homes.Cruz: “How did you choose not to enforce this statute?”Garland: “The marshals on scene …”Cruz: “Marshals don’t make that decision.”Garland: “They do make the decision!” pic.twitter.com/FlPLy8etU3— The Recount (@therecount) March 1, 2023 More

    • 125 Shares169 Views

      in US Politics

      Biden, Trump and two very different classified document scandals, explained

      by

      ExplainerBiden, Trump and two very different classified document scandals, explainedAt first glance, both presidents appear to have similarly bungled the handling of documents – but here’s how the two cases differ The discovery of classified documents in offices used by Joe Biden’s thinktank and in a locked storage unit in a garage near where the president keeps his Corvette may not be a criminal matter, but it does appear to have taken a political toll.Republicans accuse Biden of hypocrisy over classified documents discoveriesRead moreWith a new Reuters/Ipsos poll on Thursday finding that Biden’s approval rating, which had risen at the end of 2022, was back down to just 40% – near the lowest level of his presidency – many Democrats are smacking their foreheads, fearing Biden has done exactly what his expected 2024 opponent, Donald Trump, was under investigation for doing.So much for painting Trump as dangerous, volatile and a threat to national security. Right?But that’s not to say the two cases are the same. The scale of the scandals is hugely lopsided: thousands of documents in Trump’s possession, including many marked top secret, versus an estimated dozen in Biden’s.Crucially for justice department investigators, led by the special counsels appointed by the attorney general, Merrick Garland, the actions of the two presidents are also vastly different.Trump declared his intent to take documents, refused to hand them back, had to be raided by the FBI to secure the records, then fought authorities in court for months.Biden’s team handed the documents back voluntarily.Here is a breakdown of how the two cases are similar – and how, in major ways, they are different.InteractiveBiden, 80, is expected to launch another run for the White House, perhaps as soon as next month, after he delivers the State of the Union address on 7 February.Republicans in Congress have slammed the president regarding when the documents were discovered – before the midterms – claiming Biden was not forthcoming about such potentially politically sensitive discoveries.But the Reuters/Ipsos poll results suggest it isn’t just Biden whose ratings are down as a result of various scandals in Washington.Only 20% of respondents said they approved of the House speaker, Kevin McCarthy, the top elected Republican, while just 35% said they had a favorable view of the House as a whole and 38% approved of the Senate.In that light, Biden’s head appears to be just above water. He must be hoping no more classified documents emerge to push him back below.TopicsJoe BidenDonald TrumpMerrick GarlandUS politicsexplainersReuse this content More

    • 113 Shares199 Views

      in US Politics

      Republicans launch investigations into Biden’s handling of classified papers

      by

      Republicans launch investigations into Biden’s handling of classified papersHouse judiciary committee makes announcement after special counsel appointed to look into the case Republicans on the House judiciary committee on Friday announced an investigation into the discovery of classified documents at Joe Biden’s Delaware home and former office in Washington DC.The GOP representatives, newly in control of committees after their party took the House last November, made their move a day after the attorney general, Merrick Garland, announced the appointment of a special counsel to investigate the matter.In a letter to Garland, the judiciary committee chair, Jim Jordan of Ohio, said: “We are conducting oversight of the justice department’s actions with respect to former vice-president Biden’s mishandling of classified documents, including the apparently unauthorized possession of classified material at a Washington DC private office and in the garage of his residence in Wilmington.Classified documents: how do the Trump and Biden cases differ?Read more“On 12 January 2023, you appointed Robert Hur as special counsel to investigate these matters. The circumstances of this appointment raise fundamental oversight questions that the committee routinely examines. We expect your complete cooperation with our inquiry.”The letter noted that the documents were discovered just before the midterm elections, and accused the justice department of departing “from how it acted in similar circumstances”, namely the inquiry into government secrets found at Donald Trump’s Mar-a-Lago resort.A special counsel, Jack Smith, has been investigating Trump since November – an announcement made after the midterm elections.The Republican congressmen demanded Garland turn over an array of documents related to the Biden investigation by 27 January.The judiciary committee investigation was the second announced by House Republicans since the documents’ discovery was reported this week.The first is being pursued by the new oversight committee chair, James Comer, a Kentuckian who is playing a major role in the Republicans’ campaign of investigations against the Biden White House.Earlier on Friday, Comer sent the White House a demand for information about whether Hunter Biden, the president’s son who is a magnet for Republican investigations and accusations, had access to the garage at the Delaware residence.An oversight committee tweet said: “We have doc[ument]s revealing this address appeared on Hunter’s driver’s license as recently as 2018, the same time he was cutting deals with foreign adversaries. Time for answers.”Even before Biden took office, Republicans tried to find evidence of corruption in Hunter Biden’s business dealings, and of his father’s involvement. Hunter Biden’s dealings in Ukraine were at issue in Trump’s attempts to procure dirt on Joe Biden, a scheme which led to the first of Trump’s two impeachments.Such efforts to ensnare Joe Biden via his son have achieved mixed results at best but this week’s revelations about classified documents in the elder Biden’s possession have produced new lines of attack.Speaking to CBS, Jordan said: “Right now there are tons of questions. A lot of those I think will be answered in the intelligence committee and the oversight committee. But we’ll be looking at the justice department component.”A third committee joined the hunt on Friday, with a letter to defense officials from Mike Rogers, the chair of the House armed services committee.The proliferating investigations have provided a new headache for Democrats in Congress.The party has been on a roll, doing much better in the November midterms than expected, before the gifts of Republican disarray in the House and a surprisingly quiet presidential campaign from Trump.Asked on CNN on Friday if he believed Biden broke the law by retaining classified documents, the Senate majority leader, Chuck Schumer, said: “It’s much too early to tell.“I think President Biden has handled this correctly. He’s fully cooperated with the prosecutors … it’s a total contrast to President Trump, who stonewalled for a whole year.”Schumer called for patience.“We should let it play out, we don’t have to push [the special counsels] in any direction or try to influence them,” he said. “Let [them] do their job.”Schumer said he supported the appointment of Robert Hur in the Biden case.TopicsJoe BidenRepublicansUS politicsMerrick GarlandHouse of RepresentativesnewsReuse this content More

    • 175 Shares149 Views

      in US Politics

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

      by

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

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

    • 163 Shares129 Views

      in US Politics

      US courts ruling in favor of justice department turns legal tide on Trump

      by

      US courts ruling in favor of justice department turns legal tide on TrumpThe ex-president’s supporters will no longer be able to avoid testifying before grand juries in Washington DC and Georgia A spate of major court rulings rejecting claims of executive privilege and other arguments by Donald Trump and his top allies are boosting investigations by the US justice department (DoJ) and a special Georgia grand jury into whether the former US president broke laws as he sought to overturn the 2020 election results.Justice department asks Pence to testify in Trump investigationRead moreFormer prosecutors say the upshot of these court rulings is that key Trump backers and ex-administration lawyers – such as ex-chief of staff Mark Meadows and legal adviser John Eastman – can no longer stave off testifying before grand juries in DC and Georgia. They are wanted for questioning about their knowledge of – or active roles in – Trump’s crusade to stop Joe Biden from taking office by leveling false charges of fraud.Due to a number of court decisions, Meadows, Eastman, Senator Lindsey Graham and others must testify before a special Georgia grand jury working with the Fulton county district attorney focused on the intense drive by Trump and top loyalists to pressure the Georgia secretary of state and other officials to thwart Biden’s victory there.Similarly, court rulings have meant that top Trump lawyers such as former White House counsel Pat Cipollone, who opposed Trump’s zealous drive to overturn the 2020 election, had to testify without invoking executive privilege before a DC grand jury investigating Trump’s efforts to block Congress from certifying Biden’s election victory.On another legal front, some high level courts have ruled adversely for Trump regarding the hundreds of classified documents he took to his Florida resort Mar-a-Lago when he left office, thus helping an inquiry into whether he broke laws by holding onto papers that should have been sent to the National Archives.“Trump’s multipronged efforts to keep former advisers from testifying or providing documents to federal and state grand juries, as well as the January 6 committee, has met with repeated failure as judge after judge has rejected his legal arguments,” ex-justice department prosecutor Michael Zeldin told the Guardian. “Obtaining this testimony is a critical step, perhaps the last step, before state and federal prosecutors determine whether the former president should be indicted … It allows prosecutors for the first time to question these witnesses about their direct conversations with the former president.”Other ex-justice lawyers agree that Trump’s legal plight has now grown due to the key court rulings.“Favorable rulings by judges on issues like executive privilege and the crime-fraud exception to the attorney-client privilege bode well for agencies investigating Trump,” said Barbara McQuade, a former US attorney for eastern Michigan. “Legal challenges may create delay, but on the merits, with rare exception, judges are consistently ruling against him.”Although Trump has been irked by the spate of court rulings against him and his allies, experts point out that they have included decisions from typically conservative courts, as well as ones with more liberal leanings.Former federal prosecutor Dennis Aftergut, for instance, said that: “Just last month, the 11th circuit court of appeals, one of the country’s most conservative federal courts, delivered key rulings in both the Fulton county and DoJ Trump investigations.”Specifically, the court in separate rulings gave a green light to “DoJ criminal lawyers to review the seized, classified documents that Trump took to Mar-a-Lago, reversing renegade district court judge Aileen Cannon’s freeze-in-place order”, Aftergut said.In the other ruling, the court held that Graham “couldn’t hide behind the constitution’s ‘speech and debate’ clause to avoid testifying before the Atlanta grand jury”, Aftergut noted.“The speech and debate clause,” he pointed out, “only affords immunities from testifying about matters relating to congressional speeches and duties. That dog didn’t hunt here.”Soon after these rulings, the supreme court left both orders in place. “It’s enough to make an old prosecutor with stubborn faith in the courts proud,” Aftergut said.Separately, federal court judge David Carter, who issued a scathing decision earlier this year that implicated Trump and Eastman in a conspiracy to overturn the 2020 election, last month ruled that Eastman had to turn over 33 documents to the House January 6 panel including a number that the judge ruled were exempt from attorney-client privilege because they involved a crime or an attempted crime.Ex-justice lawyers say that a number of the recent court rulings should prove helpful to the special counsel Jack Smith, who attorney general Merrick Garland recently tapped to oversee both DoJ’s investigation into Trump’s retention of sensitive documents post presidency and the inquiry into his efforts to stop Biden from taking office.True to form, Trump didn’t waste any time attacking the new special counsel.“I have been going through this for six years – for six years I have been going through this, and I am not going to go through it any more,” Trump told Fox News Digital in an interview the same day Smith was appointed. “And I hope the Republicans have the courage to fight this.” More

    • 150 Shares199 Views

      in US Politics

      What is a special counsel and why will one investigate Donald Trump?

      by

      ExplainerWhat is a special counsel and why will one investigate Donald Trump?Jack Smith will oversee investigations into Trump – but why did the attorney general take this step against the ex-president? On Friday, when announcing the appointment of Jack Smith as special counsel overseeing investigations of Donald Trump’s alleged election subversion and retention of White House records, the US attorney general, Merrick Garland, said the selection would ensure “independence and accountability in particularly sensitive matters”.So why did Garland take this step against the former president?What is a special counsel?Special counsels are usually highly experienced federal prosecutors. According to justice department regulations, a special counsel is appointed when an attorney general “determines that criminal investigation of a person or matter is warranted” but “investigation or prosecution of that person or matter by a United States attorney’s office or litigating division of the [justice department] would present a conflict of interest … or other extraordinary circumstances”.An attorney general must therefore determine that it is “in the public interest to appoint an outside special counsel”.Have those tests been met?Garland says they have.Trump’s attempts to overturn his defeat by Joe Biden in 2020, including inciting the Capitol attack on 6 January 2021, have been exhaustively documented. His retention of White House records, many classified, has been established through an FBI search of his Mar-a-Lago resort, among other incidents.But such matters are certainly politically sensitive. Citing “recent developments” including Trump’s announcement that he is running for president again and Biden’s “stated intention to be a candidate as well”, Garland said he had “concluded that it is in the public interest to appoint a special counsel”.This, Garland said, would “underscore the department’s commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law”.How do special counsels work?Outlining how Smith will work “quickly and completely”, Garland quoted from department regulations: “Although the special counsel will not be subject to the day-to-day supervision of any official of the department, he must comply with the regulations, procedures and policies of the department.”Are special counsels completely independent?No. Regulations also state that the attorney general can request explanation of any step taken and direct it not be pursued. If that happens, the attorney general must notify Congress. Special counsels and their staff are also subject to department disciplinary procedures.Who can fire a special counsel?Regulations say a special counsel “may be disciplined or removed from office only by the personal action of the attorney general”. He or she can do this “for misconduct, dereliction of duty, incapacity, conflict of interest or for other good cause, including violation of departmental policies. The attorney general shall inform the special counsel in writing of the specific reason”.Wasn’t Robert Mueller a special counsel?He was. Appointed in May 2017, the former FBI director investigated “Russian government efforts to influence the 2016 presidential election and related matters”, including links between Trump and Moscow.Didn’t Trump try to fire him?Trump did. But only the attorney general can do so, so it didn’t work. Attempts to get rid of Mueller featured among examples of potential obstruction of justice which Mueller laid out.Wasn’t there another special counsel?Yes. Trump’s second attorney general, William Barr, appointed John Durham to investigate justice department activities which gave rise to the Russia investigation. Durham’s work now appears to be winding down, without having produced major indictments. The two cases he took to trial ended in acquittals.What happens when a special counsel is done?The attorney general decides how to proceed. In Mueller’s case, critics charge, Barr misrepresented the special counsel’s findings in order to let Trump off the hook. Whether he wriggles off it this time will be up to Garland.TopicsDonald TrumpUS politicsMerrick GarlandexplainersReuse this content More