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      Prosecutors warned Trump’s knowledge of Twitter search warrant could ‘precipitate violence’, court filings show – as it happened

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      From 4h agoFederal prosecutors secretly argued that informing Donald Trump about their efforts to access his Twitter account could “precipitate violence”, according to newly unsealed court filings.Prosecutors working for special counsel Jack Smith worried that Trump would publicly announce the search warrant or his Twitter feed, as he did on his Truth Social platform when his Mar-a-Lago estate was searched by the FBI last year.Informing Trump about the Twitter search warrant “could precipitate violence as occurred following the public disclosure of the search warrant executed at Mar-a-Lago,” the prosecutors warned. The news was first reported by Politico.Prosecutors argued for keeping Trump in the dark about the Twitter search warrant was necessary because they said the former president presents a “significant risk of tampering with evidence, seeking to influence or intimidate potential witnesses, and ‘otherwise seriously jeopardizing’ the Government’s ongoing investigations.”“These are not hypothetical considerations in this case,” the prosecutors wrote.
      Following his defeat in the 2020 presidential election, the former President propagated false claims of fraud (including swearing to false allegations in a federal court filing), pressured state and federal officials to violate their legal duties, and retaliated against those who did not comply with his demands, culminating in violence at the U.S. Capitol on January 6.
      In response, Twitter said the prospect of violence was “facially implausible” and argued that Trump already knew many details about Smith’s investigation. US district court judge Beryl Howell ultimately rejected the social media company’s arguments.The new filings also show Twitter turned over at least 32 direct messages from Trump’s account, @realDonaldTrump, to prosecutors. Prosecutors also obtained data that could show his location at the time certain tweets were sent, or if anyone else was accessing his account.It’s 4pm eastern time. That’s it from me, Léonie Chao-Fong, and the US politics live blog today.Here’s a recap of today’s developments:
      Americans do not trust the government’s economic news – or the media’s reporting of it – according to a Harris poll conducted exclusively for the Guardian that presents the White House with a major hurdle as it pushes Joe Biden’s economic record ahead of next year’s election.
      Prosecutors in the office of special counsel Jack Smith urged the judge overseeing his federal 2020 election interference criminal case to deny a request by Donald Trump to recuse herself from the case. There is “no valid basis” for US district judge Tanya Chutkan to remove herself from the case, Smith wrote.
      Twitter gave the special counsel prosecuting Donald Trump for alleged election subversion access to at least 32 of the former president’s private messages. The company, now known as X, turned over the messages after receiving a search warrant, citing newly unsealed filings to the US circuit court of appeals.
      Federal prosecutors secretly argued that informing Donald Trump about their efforts to access his Twitter account could “precipitate violence”, according to the newly unsealed court filings. Prosecutors worried that Trump would publicly announce the search warrant or his Twitter feed, as he did on his Truth Social platform when his Mar-a-Lago estate was searched by the FBI last year.
      Joe Biden spoke out in support of auto workers as they launched a historic series of strikes after their union failed to reach an agreement with the US’s three largest vehicle manufacturers. “No one wants a strike, but I respect workers’ rights to use their options under the collective bargaining system, and [I] understand their frustrations,” the US president said in a brief, unscheduled appearance at the White House.
      Joe Biden has declared a state of emergency in Maine as Hurricane Lee rapidly approaches the north-easternmost US state amid the likelihood of a landfall there or more likely in Canada over the weekend.
      Donald Trump’s October trial in a civil case brought by the New York attorney general, Letitia James, could be delayed because the former US president has quietly sued the judge Arthur F Engoron.
      Donald Trump said he would testify under oath denying he asked a staffer to delete surveillance footage at the center of an investigation into whether he mishandled classified documents. In an NBC interview, the former president said it is “very unlikely” he would pardon himself if he is re-elected in 2024.
      The House oversight committee announced it will be launching a Republican-led investigation into the Biden administration’s response to the deadly wildfires in Hawaii, which killed at least 115 people last month.
      The former New Jersey governor Chris Christie said he would drop out of the Republican presidential primary if he does not show well in New Hampshire.
      A lawyer for Hunter Biden, who was indicted on Thursday over illegally possessing a firearm, said he expected the case “will be dismissed before trial”. The president’s son was indicted by special counsel David Weiss on three felony gun charges after a plea agreement he struck with prosecutors imploded in recent months.
      Three men were acquitted in the final trial connected to a scheme to kidnap the governor of Michigan, Gretchen Whitmer, a pandemic-era plot steeped in extremist politics and domestic terrorism that saw others imprisoned for lengthy terms.
      About half of Americans are interested in getting an updated Covid-19 vaccine, according to a new poll, after the Food and Drug Administration (FDA) approved a series of Covid-19 booster vaccines amid rising coronavirus cases around the country.
      The House oversight committee announced it will be launching a Republican-led investigation into the Biden administration’s response to the deadly wildfires in Hawaii.A joint statement by James Comer, the chair of the House oversight committee, and Pete Sessions, the subcommittee chair, reads:
      The deadly wildfire in Maui shocked the nation and left many, especially those directly impacted by the tragedy, with serious questions that remain unanswered today. President Biden built his entire reputation on empathy and compassion but failed to deliver an appropriate response when it mattered most.
      At least 115 people were killed in last month’s wildfires on the island of Maui. The fire nearly destroyed the town of Lahaina, and caused more than $5.5bn in damage, according to estimates by the Federal Emergency Management Agency.The House oversight committee’s investigation into the fires is separate from a hearing by the energy and commerce committee, which will feature testimony from Hawaii utility and energy officials.Fulton county district attorney Fani Willis has subpoenaed former justice department official Jody Hunt for an upcoming hearing to transfer Jeff Clark’s case to federal court.From my colleague Hugo Lowell:About half of Americans are interested in getting an updated Covid-19 vaccine, according to a new poll, after the Food and Drug Administration (FDA) approved a series of Covid-19 booster vaccines amid rising coronavirus cases around the country.The Reuters/Ipsos nationwide poll found that almost 30% of respondents were “very interested” in getting the vaccine and another 24% were “somewhat interested”.On Monday, the FDA approved Moderna and Pfizer-BioNTech vaccines that target a recently circulating Omicron subvariant of the coronavirus.The results of the poll suggest that more Americans are willing to get a booster shot than a year ago. According to data from the US Centers for Disease Control and Prevention, about one in six Americans opted for an updated shot.About 14% of those who said they were not interested in getting the booster said it was because they had Covid-19 already, while another 14% said they believed their previous vaccinations provided sufficient protection.The former New Jersey governor Chris Christie said he would drop out of the Republican presidential primary if he does not show well in New Hampshire.“I can’t see myself leaving the race under any circumstances before New Hampshire,” he told the New York Times. “If I don’t do well in New Hampshire, then I’ll leave.”As the Times pointed out, Christie is following the playbook he used in 2016, when his run for the Republican nomination focused on New Hampshire … and ended after it, after he finished sixth in the primary.Christie then became the first major figure to endorse Donald Trump in his insurgent run to the White House.Christie planned the transition at Trump Tower, only to be brutally (if of course metaphorically) defenestrated by Jared Kushner, whose father Christie put in jail back when he was a prosecutor in New Jersey. That didn’t stop Christie supporting Trump, and nor did Trump’s part in Christie ending up in the ICU with Covid. It took January 6 to finally propel Christie away from Trump, whose unfitness to govern the former governor is now dedicated to exposing.As the Times reported, Christie is portraying the Republican primary as an existential matter for the country:
      ‘The future of this country is going to be determined here,’ Mr Christie told a crowd this week at a local brewery, clutching an IPA. ‘If Donald Trump wins here, he will be our nominee. Everything that happens after that is going to be on our party and on our country. It’s up to you.’”
      The Times also noted the current state of play in primary polling:
      Though Mr Christie has improved in recent polls, he still trails Mr Trump in New Hampshire by double digits, and by much more in national polls and surveys of Iowa, the first nominating state.
      Christie told the Times he wanted to emulate John McCain, the Arizona senator who “broke late” in New Hampshire in 2000, ending up winning the state.McCain, of course, did not win the Republican nomination in 2000. George W Bush did. McCain did win it in his second attempt, eight years after his first. He was then heavily beaten in the general election, by Barack Obama.An exhaustive manifesto for the next conservative US president produced by Project 2025, an initiative led by the hard-right Heritage Foundation, uses “dehumanising language” about LGBTQ+ Americans too extreme even for candidates currently seeking the Republican presidential nomination, a leading advocate said.“The dehumanising language is consistent with the way the right talks about LGBTQ+ people overall,” said Sasha Buchert, director of the Non-Binary and Transgender Rights Project for Lambda Legal.“They’re never talking about transgender people or gay and lesbian people, it’s always referring to them as an ideology of some kind, or an ‘ism’. There’s no humanity involved … Not even the presidential candidates in the Republican debates are embracing this kind of rhetoric.”Donald Trump is the clear leader of that Republican race, despite facing 91 criminal indictments and multiple civil suits. Primary candidates have eagerly embraced anti-LGBTQ+ rhetoric, particularly over state anti-trans laws and the place of LGBTQ+ issues in public education. This summer, however, Trump’s closest polling rival, Ron DeSantis, was forced on to the defensive over an online video that used harsh imagery and language to accuse Trump of being too soft on LGBTQ+ issues.By its own description, Project 2025 is the work of “a broad coalition of over 70 conservative organisations”, aiming to shape the presidential transition should a rightwing candidate beat Joe Biden next year.In the words of Paul Dans, its director, Project 2025 is “systematically preparing to march into office and bring a new army, aligned, trained, and essentially weaponised conservatives ready to do battle against the deep state”.Such language may echo conspiracy-tinged rants by Trump and his supporters, but that “army” has produced something solid: Mandate for Leadership: the Conservative Promise, a 920-page document that sets out policy wishes across the breadth of the federal government.Read on…As the old saying goes, “where there’s smoke there’s fire”: the Colorado Republican congresswoman Lauren Boebert’s claim not to have been vaping during a theatrical performance in Denver from which she and a male companion were ejected has been proven false.In an episode that generated widespread headlines, the far-right controversialist was escorted out of a performance of the Beetlejuice musical at the Buell Theatre last weekend.Speaking on condition of anonymity, a woman who sat behind the congresswoman told the Denver Post: “These people in front of us were outrageous. I’ve never seen anyone act like that before.”The woman, who is pregnant, said she asked Boebert to stop vaping.Boebert said simply: “No.”Boebert and her companion were eventually escorted from the theatre. Boebert’s office confirmed the incident but denied the congresswoman had been vaping, even though such behaviour was detailed in a widely cited incident report.Surveillance footage obtained by 9News, an NBC affiliate, disproved Boebert’s claim.More:Donald Trump has widened his lead in the Republican presidential primary in the three weeks since the first GOP primary debate – in which he did not take part, according to a new poll.The Fox News poll showed 60% of potential Republican primary voters support Trump, up from 53% in a survey taken before the 23 August debate in Milwaukee. The report said:
      Some of Trump’s biggest gains come from women (+10), voters under age 45 (+9), White evangelicals (+8), and White men without a college degree (+8).
      Trump’s closest rival, Florida governor Ron DeSantis, has seen his support drop since the debate, the results showed. The survey found 13% of GOP voters back DeSantis in the primary, down three points. Vivek Ramaswamy held his third-place slot at 11%Melania Trump, Donald Trump’s wife, may be back on the Republican presidential candidate’s campaign trail with him “pretty soon”, he said.In an interview with Meet the Press, moderator Kristen Welker asked the former president, “we’ll get her on the trail soon?” Trump replied:
      Yes. Soon? Yeah, pretty soon. When it’s appropriate, but pretty soon. She’s a private person, a great person, a very confident person and she loves our country very much.
      He added:
      Honestly, I like to keep her away from it. It’s so nasty and so mean.
      The former first lady was a prominent fixture in Donald Trump’s 2016 presidential campaign and throughout his presidency, but she has rarely been spotted by her husband’s side since leaving the White House. Most notably, she did not appear at any of his court appearances.Joe Biden appeared to support the auto workers strike in strong comments made during his White House address this afternoon. He said:
      No one wants a strike, but I respect workers’ right to use their options under the collective bargaining system.
      “I understand the workers’ frustration,” he added.
      Record corporate profits … should be shared by record contracts for the UAW.
      My colleague Maya Yang is covering the strike on our dedicated UAW strike blog.The team of special counsel Jack Smith obtained a search warrant in January directing Twitter, now known as X, to produce “data and records” related to Donald Trump’s Twitter account as well as a non-disclosure agreement prohibiting Twitter from disclosing the search warrant.Court filings last month showed Twitter delayed complying with the warrant, leading to a federal judge holding the company in contempt and fining it $350,000.The filing said prosecutors got the search warrant after a court “found probable cause to search the Twitter account for evidence of criminal offenses”.The court found that disclosing the warrant could risk that Trump would “would seriously jeopardize the ongoing investigation” by giving him “an opportunity to destroy evidence, change patterns of behavior”, according to the filing.Federal prosecutors secretly argued that informing Donald Trump about their efforts to access his Twitter account could “precipitate violence”, according to newly unsealed court filings.Prosecutors working for special counsel Jack Smith worried that Trump would publicly announce the search warrant or his Twitter feed, as he did on his Truth Social platform when his Mar-a-Lago estate was searched by the FBI last year.Informing Trump about the Twitter search warrant “could precipitate violence as occurred following the public disclosure of the search warrant executed at Mar-a-Lago,” the prosecutors warned. The news was first reported by Politico.Prosecutors argued for keeping Trump in the dark about the Twitter search warrant was necessary because they said the former president presents a “significant risk of tampering with evidence, seeking to influence or intimidate potential witnesses, and ‘otherwise seriously jeopardizing’ the Government’s ongoing investigations.”“These are not hypothetical considerations in this case,” the prosecutors wrote.
      Following his defeat in the 2020 presidential election, the former President propagated false claims of fraud (including swearing to false allegations in a federal court filing), pressured state and federal officials to violate their legal duties, and retaliated against those who did not comply with his demands, culminating in violence at the U.S. Capitol on January 6.
      In response, Twitter said the prospect of violence was “facially implausible” and argued that Trump already knew many details about Smith’s investigation. US district court judge Beryl Howell ultimately rejected the social media company’s arguments.The new filings also show Twitter turned over at least 32 direct messages from Trump’s account, @realDonaldTrump, to prosecutors. Prosecutors also obtained data that could show his location at the time certain tweets were sent, or if anyone else was accessing his account.Twitter handed over at least 32 direct messages from Donald Trump’s account to special counsel Jack Smith earlier this year in the justice department’s investigation into the 2020 election subversion case, according to newly unsealed court filings.In the new filings, Smith’s team revealed “the materials Twitter produced to the Government included only 32 direct-message items, constituting a minuscule proportion of the total production”.From Politico’s Kyle Cheney:A prominent New York progressive is warning that mayor Eric Adams’s hostile comments about the rising number of migrants in the city are “dangerous” and risk inciting violence against the new arrivals and other immigrants.Tiffany Cabán, aiming for re-election to the city council this November and long endorsed by leading leftwing figures, including US senators Bernie Sanders and Elizabeth Warren and New York representative Alexandria Ocasio-Cortez, attacked as “irresponsible” the mayor’s remarks last week that the sharp increase in migration to New York would “destroy” the city.Cabán told the Guardian:
      The idea that new arrivals would destroy New York City is absurd to me. New arrivals, immigrants, made our city.
      “I think there’s a real possibility of his rhetoric fomenting violence, and that’s the last thing we need,” Cabán, a former public defender, added.New York and other Democratic-led cities have received hundreds of thousands of people who crossed the US-Mexico border to request asylum since last year.More than 110,000 migrants have arrived in New York, most making their own way but many also bussed by Texas authorities, without liaison. Officials say they are struggling to provide for nearly 60,000 migrants currently in the city’s care. More

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      Florida city’s offer of Safe Place to LGBTQ+ people prompts Republican ire

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      A central Florida city is moving forward with plans to join the popular national Safe Place initiative protecting LGBTQ+ people and others, despite opposition from Republicans who consider it a “deceptive and coercive” political mandate.Councilors in Mount Dora, a historic and eclectic small city famous for its antiques stores, art galleries and festivals, voted last month to affiliate with Safe Place, which seeks to give victims of hate crimes or bias a temporary shelter if they feel threatened.The program began in Seattle in 2015 as a voluntary partnership between the police department and local businesses, which displayed rainbow stickers in the shape of a police badge to denote their participation. The effort has since been adopted in more than 350 cities nationwide, including dozens in Florida.But four Republican state politicians from Lake county, in which Mount Dora sits, took exception to the city’s declaration, accusing the city in a letter last month of “virtue signaling”, and insisting they would explore “all legislative, legal and executive options available” to oppose a move they say contravenes “Biblical principles”.“This local Safe Place program is negligent, irresponsible and divisive at best,” according to the letter signed by the Lake county legislative delegation, state representatives Taylor Yarkosky, Keith Truenow and Stan McClain, and state senator Dennis Baxley.The four claim that the city is picking “winners and losers”, and warn small businesses they risk economic harm by turning off customers, citing recent rightwing boycotts of Target and Bud Lite for affiliating with the LGBTQ+ community.Crissy Stile, the mayor of Mount Dora, told the Guardian the city would not be dissuaded by the politicians, who represent a county she said was “a little bit slower on the equality scale”.“Mount Dora is very advanced, very inclusive, very safe already for all kinds of walks of life and beliefs, and Lake county is a little bit behind us,” she said.“The political pushback doesn’t surprise me, but the actual wording of the letter did. It surprised me that they would take that step to make it so official, and to have all the legislators sign off on it.”Stile said the city was moving ahead with its plan to seek accreditation by Safe Space, which has its headquarters in Seattle, as early as October. She added that she heard little criticism from the public.“We haven’t had a lot of people that were really upset, and the ones that are, really, are just upset that the decal’s depiction of a safe place is a rainbow,” she said.“To me, it doesn’t matter if it’s a rainbow or a happy dog face, it’s just raising awareness for treating people with kindness and respect no matter who they are, what they believe in, what they feel or who they love.”Michael Gibson, Mount Dora’s interim police chief, outlined the next steps for the program at a city council last week, at which members voted down a proposal to halt the process for review.“I think that it’s an important beacon that when I look at it I’m not offended. As a conservative American it doesn’t offend me, not one bit,” Gibson told the council, according to WFTV News.Gibson said his officers would receive training in dealing with victims of hate crimes, and that the design of the decal will be finalized at a later stage.Yarkosky, the author of the letter, and self-declared constitutional conservative, did not respond to a request for comment from the Guardian. But he posted to X, formerly Twitter, a follow-up letter explaining why the original was sent.“We simply want to know why the City of Mount Dora is seeking to force Seattle style political mandates on our small businesses,” he wrote. “We should be weary [sic] of deceptive and coercive mandates administered by local government that could have an opposite effect on public safety as well and [sic] put our small businesses at risk.”Notably, the second letter was signed only by Yarkosky, and none of his colleagues. Baxley, when questioned by local journalists, appeared to backtrack a little, saying he wasn’t 100% familiar with the Mount Dora program or the intentions of city leaders.“Our interest is strictly keeping the peace in Lake county,” he said, although, as the Republicans’ original letter to the city concedes, that has not been a problem before. “We had to go back over 12 years to find reports in your area regarding any such bigotry, prejudice or outright hate crimes being reported,” they wrote.Stiles said none of the politicians had spoken to her directly, and she was not worried by threats of economic penalties.“Our city’s not going to shut down if we don’t get our typical appropriation from Tallahassee that we ask for every year,” she said.“We were lucky enough to be awarded half a million dollars for a repaving project in our downtown, and for that we’re thankful. But I don’t think the city falls apart if they do follow through with their threat of economic harm to our city.” More

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      Trump’s Georgia charges thrust Coffee county in to the spotlight. Its people seek accountability

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      The Coffee county board of elections in Georgia held its first meeting on Tuesday after being mentioned more than 50 times in Fulton county’s indictment of Donald Trump and 18 others for allegedly participating in a criminal conspiracy to change the outcome of the 2020 election. Local residents, still frustrated over a lack of accountability for officials who may have known about the conspiracy, pressured the reluctant board for an independent investigation.The small, rural county 200 miles south-east of Atlanta made its way into the indictment – and global headlines – because Trump allegedly sent associates there to copy software and other digital information from the state’s elections system in early 2021. Marilyn Marks, executive director of the Coalition for Good Governance, called it “the largest voting systems breach in US history”.The coalition is in the sixth year of a federal lawsuit over vulnerabilities in Georgia’s computerized voting system and is responsible for uncovering much of the information that Fulton county district attorney Fani Willis used in the parts of her indictment concerning the breach.Although Misty Hampton, the former Coffee county elections director, and Cathy Latham, the county’s former GOP chair, were both named in the indictment, local residents said many questions remain unanswered about how Trump’s associates were able to do what they did, and who knew what, when.Their concern is not just what happened in 2021, but that the digital information obtained is now in an unknown number of hands, meaning that future elections could be affected in Georgia and in other states that use Dominion Voting Systems and equipment made by partner companies.County residents wanted to know why board chairman Wendell Stone did not tell the board and the public about the breach when he learned about it from an email in 2022. Stone told the Guardian he was not sure if he ever saw the email.Several dozen members of the public filled a small room in a nondescript, low-slung building near railroad tracks in the county seat of Douglas, a city of about 12,000, seeking answers. What had been until recently a group of mostly Black residents concerned about the breach was nearly split between Black and white – a reflection of the population of Douglas.The brief, business part of the meeting was taken up by new elections director Christy Nipper announcing she would be certified later the same day to manage the state’s computerized elections system, and asking the board’s five members to buy a tape recorder for recording future meetings: “If we’re going to be under a microscope,” she said, “I want to make sure we get it right.”Jim Hudson, an 80-year-old retired attorney, pushed the board to initiate its own investigation into the multiple occasions various Trump associates entered the rural county’s elections office, copying digital information. The Georgia Bureau of Investigation (GBI) is conducting an investigation, but has not released results.“I’m not a rabble rouser,” said Hudson. “But this deserves your attention. This thing reaches coast to coast – from California all the way to the east coast,” he said, naming some of the many national outlets that have covered the story.Judi Worrell, who said she moved to Coffee county 50 years ago, echoed Hudson, mentioning a nephew in British Columbia who had seen the news and asked her: “What’s going on down there?”“I can’t understand how people thought you could get away with this!” she said.skip past newsletter promotionafter newsletter promotionHudson and Marks both noted that Stone likely knew about the breach as early as 2 May 2022, when Washington Post reporter Emma Brown sent him an email asking about it – and did nothing to engage the board or explain to the public what had happened. The email was also discovered through coalition open records requests.“You should have immediately contacted the board,” Hudson said.Asked after the meeting, Stone told the Guardian, “I don’t know if I ever read that email,” referring to Brown’s query, which had the subject, “Washington Post inquiry.”“You know how it is – you may see something, and not realize the significance of it,” he added.Asked about why he doesn’t back Hudson’s proposal for the board to hire independent counsel to investigate the breach, Stone said: “I simply feel it’s not an expense taxpayers should be paying.”Stone also pointed to the GBI’s investigation. “I feel certain that a detailed explanation will come out once [their] investigation has concluded,” he said. “The most important question is what’s being done to ensure that election results are … fair, transparent and correct in this county moving forward.”Sitting in the first row of the meeting was attorney Ben Perkins, who had been hired in recent months to help “properly conduct our meetings in a way that is appropriate and effective”, according to board minutes from a previous meeting. The county has paid Perkins nearly $15,000 in the last two months, according to a records request filed by the Guardian.After the meeting, several dozen members of the public, plus Nipper and board members Ernestine Thomas-Clark and Paula Scott, met at a nearby church, where Marks answered questions on the breach, drawing from the emails, video and other information the coalition has obtained.Thomas-Clark, the only Black board member and the only one to back the proposal for an independent counsel, repeated her support for a locally-run investigation. “I think there’s more to be uncovered,” she said. “Something is not being said.”Local resident Mary White explained that public expressions of concern about the breach to date had mostly involved Black residents, most of whom vote Democrat. “The majority of the people on the board and the county commission vote Republican, which goes with being white,” she said. Coffee county’s population is about 70% white, but slightly more than half of Douglas’ population is Black.At the same time, she said, a small but growing group of white residents was concerned about what happened at the county’s election office. Worrell suggested she would be glad to hold a meeting on the issue at her church, which is mostly attended by white residents of Douglas. “We’re the exception,” said White, about white neighbors of hers willing to get involved in seeking answers. “We all know who we are.”“But it’s not a Black versus white issue,” she added. “It’s a voting rights issue.”This article is part of US Democracy Day, a nationwide collaborative on 15 September, the International Day of Democracy, in which news organizations cover how democracy works and the threats it faces. To learn more, visit usdemocracyday.org More

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      Will Joe Biden be impeached? – podcast

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      Despite an apparent lack of evidence that Joe Biden profited from the business dealings of his son, Hunter Biden, the speaker of the House of Representatives, Kevin McCarthy, announced on Tuesday that he was launching a formal impeachment inquiry into the president.
      Many suspect he was pushed to make the move to appease some far-right members of the Republican party, who have threatened to tank his deal to avert a government shutdown by the end of the month if he does not meet their list of demands.
      So, will Joe Biden be impeached? Is this just an act of political revenge for Donald Trump? Could it end up backfiring on McCarthy? Jonathan Freedland speaks to Marianna Sotomayor of the Washington Post about what happens next

      How to listen to podcasts: everything you need to know More

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      Wisconsin Republicans vote to fire top election official as denialists tighten grip

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      Wisconsin’s top elections official suffered another blow on Thursday when the Republican-controlled state senate voted to fire her by a party line vote of 22 to 11. Meagan Wolfe’s status as elections administrator will now likely be determined in court.Legal experts and the Wisconsin attorney general have disputed the move by Republican senators to remove Wolfe, a respected and accomplished non-partisan leader. Her removal would affect the administration of elections in 2024 and illustrates the increasingly wide reach of election deniers and rightwing conspiracy theorists in Wisconsin politics.Before she became a lightning rod for conspiracy theories and criticism surrounding the 2020 election, Wolfe enjoyed wide support from Republicans in the state legislature. Appointed to head the Wisconsin elections commission in 2018, she was confirmed by a unanimous vote in the state senate in 2019.When the Covid-19 virus pummeled Wisconsin, disrupting elections, an attorney representing the Republican assembly speaker, Robin Vos, and the former senate majority leader Scott Fitzgerald wrote in a letter that they “wholeheartedly support” many protocols outlined by the statewide commission.Crucially, Wolfe, who provides expertise and recommendations to the commission, serves at their direction – and not the other way around.One pandemic-era policy that has come under fire by Republicans, creating temporary adjustments to nursing home voting, was issued by a unanimous vote of the three Democratic and three Republican commissioners.“Meagan is being blamed for the decisions of her commission,” said Claire Woodall-Vogg, executive director of Milwaukee’s election commission. “It’s really unfortunate that she’s being used as the scapegoat when she was not the person responsible for making any decisions that they’re punishing her for.”It was only after the 2020 election, which Donald Trump lost to president Joe Biden by just over 20,000 votes in Wisconsin, that complaints about the nonpartisan administrator began to circulate. Groups and individuals that spread falsehoods about widespread voter fraud in the 2020 election have obsessed over Wolfe, publishing missives in Gateway Pundit, a site that peddles misinformation, and earning a warning from state capitol police for allegedly stalking her.State lawmakers, largely focusing their criticisms on pandemic-related policies like the expanded use of ballot drop boxes and the guidance for nursing home voting, joined the chorus calling for Wolfe’s ouster.When Wolfe’s term ended in June, Democrats on the bipartisan commission blocked a vote to send a recommendation for her reappointment to the state senate, anticipating the senate would in turn vote to fire her. The commissioners relied on precedent from a 2022 Wisconsin supreme court ruling that found a Republican member of the state’s natural resources board who declined to put himself forward for reappointment in 2021 could not be removed from office.Still, Republicans moved forward with reappointment proceedings for Wolfe, holding a 29 August hearing where election deniers and conspiracy theorists from around the state gathered to air their grievances about Wisconsin elections. In a letter, the Democratic attorney general, Josh Kaul, wrote that the state senate had “no current authority to confirm or reject the appointment of a WEC administrator”, an opinion that was echoed by the legislature’s own nonpartisan attorneys.Jeff Smith, a Democratic state senator on the shared revenue, elections and consumer protection committee who abstained from a committee vote on Wolfe’s reappointment, said in a statement that the vote was “not properly before the Senate or its committees”, adding that he has “full confidence in Administrator Wolfe and the work that she has done for the people of Wisconsin”.Devin LeMahieu, the Republican state senate majority leader who voted against Wolfe’s reappointment, previously accused the administrator of “mishandling” the 2020 election. LeMahieu’s office did not immediately respond to a request for comment.During the floor session on Thursday, the Democratic senate minority leader, Melissa Agard, described the move to oust Wolfe as one of many “shameless continued attacks on our elections”.Democrats in the state senate objected to the vote repeatedly. Mark Spreitzer, a Democratic member of the senate’s shared revenue, elections and consumer protection committee, called the nomination “fake” and accused Republicans in the senate of indulging conspiracy theorists.Senators opposing the vote noted the wide-ranging implications of Wolfe’s disputed reappointment process.“Disenfranchisement was real,” said the Democratic state senator Lena Taylor, describing the long lines that plagued polling places in Milwaukee during the spring 2020 election. Taylor argued that the vote – which she described as a “sham process” – would delegitimate sincere elections concerns in favor of falsehoods and conspiracy theories.LeMahieu disputed Democrats’ opposition to the process, instead blaming Democrats on the elections commission for blocking the commission from advancing Wolfe’s nomination to the senate. The Thursday vote, LeMahieu said, “represents the lack of faith” in Wisconsin elections, sidestepping claims that the process would embolden conspiracy theorists.Elections officials in Wisconsin worry the ongoing proceedings will fuel more misinformation about elections and say their work will be negatively impacted if Wolfe leaves her position or is removed from office.“We’re already dealing with extra public records requests that are coming through in regards to elections,” said Kaci Lundgren, a Douglas county clerk. “Laws change all the time in regards to elections, so to have that experience and that knowledge gone, it would be disconcerting, it would be difficult. Frustrating.”Woodall-Vogg agreed, describing the possible vacancy as “a major blow”. The Milwaukee official added that a disruption in leadership would likely impact the staff of the elections commission, who provide technical assistance to clerks across the state. “I think what is most disappointing is that they’re bringing a nonpartisan election official and making her position very political.”Shortly after the vote Thursday, Kaul announced he had filed a lawsuit against Republican leaders, seeking to keep Wolfe in her job.“The story today is not what the senate has purported to do with its vote,” he said in a press release. “It’s that the senate has blatantly disregarded state law in order to put its full stamp of approval on the ongoing baseless attacks on our democracy.”Addressing reporters Thursday afternoon, Wolfe said she would remain in her position until a court said otherwise. She said Republicans sought to oust her because “I will not bend to political pressure”.“The senate’s vote today to remove me is not a referendum on the job I do, but rather a reaction to not achieving the political outcome they desire,” she said. “The political outcome they desired, I believe is to get rid of me. The reason they want to get rid of me for political purposes is because I will not bend to political pressure.”She also expressed some disbelief that many of the claims that her office had repeatedly debunked continued to circulate in front of the legislature and were relied on as a basis for trying to remove her.“It is sometimes hard to wrap my head around how we still are here,” she said.
      Join us for a live event on 26 September in Chicago, Democracy and Distrust: Overcoming threats to the 2024 election. More

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      Hunter Biden’s lawyer criticizes charging decision as ‘bending to political pressure’ – as it happened

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      From 2h agoHunter Biden’s lawyer has responded to the indictment, releasing a statement that said special counsel David Weiss’ “bending to political pressure presents a grave threat to our system of justice”.The statement by Abbe Lowell, reported by NBC News, says:
      As expected, prosecutors filed charges today that they deemed were not warranted just six weeks ago following a five-year investigation into this case.
      The evidence in this matter has not changed in the last six weeks, but the law has and so has Maga Republicans’ improper and partisan interference in this process. Hunter Biden possessing an unloaded gun for 11 day was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice.
      He added:
      We believe these charges are barred by the agreement the prosecutors made with Mr Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court.
      Here’s a recap of today’s developments:
      Federal prosecutors indicted Joe Biden’s son, Hunter Biden, over illegally possessing a firearm in Delaware. The indictment comes a month after the US attorney general, Merrick Garland, appointed the US attorney David Weiss, a Trump nominee, to oversee the investigation as special counsel. Hunter Biden could face up to 25 years in prison if convicted.
      The charges against Hunter Biden come in the same week as House Republicans formally opened an impeachment inquiry into the president, seeking to tie Joe Biden to his son’s business dealings. James Comer, the chair of the House oversight committee leading the Republican charge for the inquiry, said the charges against Hunter Biden are “a very small start”.
      Joe Biden has said Republicans launched an impeachment inquiry against him because “they want to shut down the government”.
      A Georgia judge has ruled that Donald Trump and 16 others will be tried separately from two defendants, lawyers Sidney Powell and Kenneth Chesebro, who are set to go to trial next month in the case accusing them of participating in an illegal scheme to overturn the results of the 2020 election. The Fulton county district attorney, Fani Willis, had been pushing to try all 19 defendants together.
      Mark Meadows, the former Trump White House chief of staff, withdrew his motion for an emergency stay in proceedings against him in the Fulton county court. Meadows had requested to transfer his Georgia 2020 election interference case from state to federal court on the basis that some of the charged conduct was within the scope of his official duties.
      Nancy Pelosi seemed to offer a less-than-ringing endorsement when asked if Kamala Harris was the best running mate for Joe Biden next year, saying: “He thinks so, and that’s what matters.” Pelosi, however, spoke glowingly of her fellow Californian’s political skills.
      Donald Trump said Joe Biden is “not too old at all” to be president but that he was “grossly incompetent”. In an interview with Megyn Kelly, the former president also said he didn’t know who gave top infectious disease official Anthony Fauci a presidential commendation – despite the fact that it was him.
      Read more:Trump impeachment: Trump seeks to divert attention from his impeachment inquiry towards Hunter’s business dealings in China and Ukraine.2020 presidential election: Trump repeatedly attacks Joe Biden over his family’s overseas business ties.December 2020: A month after his father wins the presidential election, Hunter confirms a Delaware attorney has been investigating his “tax affairs”. He says he had learned of the investigation, overseen by Trump-appointed US attorney David Weiss, from his lawyer a day before he confirmed it publicly. The investigation had been temporarily paused in the months leading up to the election.April 2023: An anonymous IRS whistleblower sends a letter to Congress saying the investigation into Hunter’s finances was mishandled.20 June 2023: Hunter is expected to plead guilty to two tax misdemeanors after a federal court in Delaware announced it had reached a deal that was set to shield him from jail time over gun charges in a separate case.19 July 2023: Two former agents at the IRS, including the previously anonymous whistleblower, testify at a GOP-lead House oversight hearing that DoJ officials “constantly hamstrung, limited and marginalized” the US attorney, Weiss, in his investigation into Hunter.26 July 2023: In a reversal, Hunter pleads not guilty to two tax misdemeanor charges after the judge, Maryellen Noreika, says she cannot accept the deal over a disagreement between the prosecution and Hunter’s legal team.The two sides settled a disagreement over whether Hunter could face future charges for violating foreign lobbying laws. After a short recess, his lawyers said they agreed with the DoJ’s interpretation that he could face additional charges, subject to further investigation.But Noreika again raises a question regarding a diversion agreement – where the prosecutor agrees to dismiss charges, with conditions – that would have cleared Hunter of his gun charges after two years if she found him to be compliant with the terms. Noreika said that power belonged to the DoJ, not her, and thus could not approve the deal.August 2023: This is the deadline Noreika sets for the two sides to file additional briefs defending the constitutionality of the original plea deal.Republican lawmakers are separately targeting the entire Biden family. The GOP-led House oversight committee is investigating whether the family’s business dealings harm US national security, and some extreme members are calling for impeachment.11 August 2023: Merrick Garland, the attorney general, appoints special counsel David Weiss to oversee Hunter’s case.14 September 2023: Hunter Biden is federally indicted with three felony counts, for illegally possessing a gun and making false statements when filling out paperwork to do so in 2018.Read more:In Wisconsin, Democratic attorney general Josh Kaul announced he had filed a lawsuit against Republican leaders, over the ousting of nonpartisan elections administrator Meagan Wolfe.Wolfe became lightning rod for conspiracy theories during the 2020 elections. Groups and individuals that spread falsehoods about widespread voter fraud in the 2020 election obsessed over Wolfe, publishing missives in Gateway Pundit, a site that peddles misinformation and earning a warning from state capitol police for allegedly stalking her.State lawmakers, largely focusing their criticisms on pandemic-related policies like the expanded use of ballot drop boxes and the guidance for nursing home voting, joined the chorus calling for Wolfe’s ouster.“The story today is not what the senate has purported to do with its vote,” he said in a press release. “It’s that the senate has blatantly disregarded state law in order to put its full stamp of approval on the ongoing baseless attacks on our democracy.”Read more:Hunter Biden’s lawyer has responded to the indictment, releasing a statement that said special counsel David Weiss’ “bending to political pressure presents a grave threat to our system of justice”.The statement by Abbe Lowell, reported by NBC News, says:
      As expected, prosecutors filed charges today that they deemed were not warranted just six weeks ago following a five-year investigation into this case.
      The evidence in this matter has not changed in the last six weeks, but the law has and so has Maga Republicans’ improper and partisan interference in this process. Hunter Biden possessing an unloaded gun for 11 day was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice.
      He added:
      We believe these charges are barred by the agreement the prosecutors made with Mr Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court.
      At least half a dozen House Republicans say they are open to supporting a motion to oust the speaker, Kevin McCarthy, in the event of a floor vote, according to a CNN report. The topic has come up in recent House Freedom caucus meetings, with some members feeling like McCarthy violated his terms to become speaker, the report says. It writes:
      If all Democrats support the move, as many of them are signaling they would, it would take just five Republicans to succeed, thrusting the House into chaos. At that point, the House would be paralyzed until a new speaker is elected.
      The Republican Florida congressman Matt Gaetz dismissed the indictment of Hunter Biden, comparing it to charging the serial killer Jeffrey Dahmer with littering.Hunter Biden has been charged by federal prosecutors with lying about his drug use when he bought a gun in 2018, in the same week as House Republicans formally opened an impeachment inquiry into the president, seeking to tie Joe Biden to his son’s business dealings.A court filing in the US district court in Delaware alleged Biden, 53, illegally obtained and possessed a Colt revolver in October 2018 after falsely declaring that he was not a user of, or addicted to, narcotic drugs. He has been charged with two counts of making false statements by checking a box falsely saying he was not a user of or addicted to drugs and a third count for possessing the gun as a drug user.The firearms indictment comes weeks after a plea deal collapsed that would have ensured Hunter Biden would avoid a criminal trial as his father runs for reelection for the 2024 presidential election.On Tuesday, House speaker Kevin McCarthy announced he is launching a formal impeachment inquiry into Joe Biden. According to McCarthy, findings from Republican-led investigations over the summer recess revealed “a culture of corruption”, and that Biden lied about his lack of involvement and knowledge of his family’s overseas business dealings.Many of the allegations center on Hunter Biden, who sat on the board of a Ukrainian energy company, Burisma, during his father’s term as vice-president. Republicans allege that Joe Biden improperly benefited from his son’s foreign connections but, after several months, have produced no evidence. Watchdog groups say Republicans do not actually have evidence to back up their claims.By a party-line vote, the Republican-dominated Wisconsin state senate has voted to oust the state’s top elections official, Meagan Wolfe.The move advances the goal of election deniers and conspiracy theorists who falsely claim the 2020 election was stolen by Joe Biden. It’s the latest example of Wisconsin politicians repeatedly revisiting the 2020 election, despite the fact that numerous recounts and reviews of the last presidential election in Wisconsin affirmed Biden’s victory over former president Donald Trump.Josh Kaul, the Wisconsin attorney general, objected to the proceedings, which Republicans in the Senate advanced despite the bipartisan commission failing to put forward Wolfe’s recommendation to the legislature. Nonpartisan attorneys agreed with Kaul’s legal objection and the status of Wolfe’s position will almost certainly be decided in court.During the floor session, the Democratic senator Mark Spreitzer, who serves on the shared revenue, elections and consumer protection committee called the nomination “fake”, and accused Republicans in the senate of indulging conspiracy theorists by “relitigat[ing] the 2020 election”.Elections observers worry the move will damage voters’ confidence in Wisconsin elections. And if Wolfe is removed or steps down, her vacancy will impact elections clerks around the state who rely on her office’s guidance during elections.James Comer, the chair of the House oversight committee leading the Republican charge for an impeachment inquiry into Joe Biden, said today’s charges against the president son, Hunter Biden, are “a very small start”.Posting to X, formerly known as Twitter, Comer wrote:
      Unless U.S. Attorney [David] Weiss investigates everyone involved in the fraud schemes and influence peddling, it will be clear President Biden’s DOJ is protecting Hunter Biden and the big guy.
      Federal prosecutors indicted Joe Biden’s son, Hunter Biden, over illegally possessing a firearm in Delaware on Thursday. The indictment comes a month after the US attorney general, Merrick Garland, appointed the US attorney David Weiss, a Trump nominee, to oversee the investigation as special counsel.Hunter Biden has been at the center of a years-long investigation into his tax affairs that was set to close with a guilty plea. But that plea deal fell apart at a Delaware courthouse after the Trump-appointed judge said she could not agree to the agreement, which ensured Biden would avoid jail time in a separate case of illegally possessing a gun while using drugs.Amid the controversy, the president has repeatedly said he supports his son and Hunter has been seen regularly at family events. Asked if President Biden would pardon his son in the event of any conviction, Karine Jean-Pierre, the White House press secretary, told reporters: “No.”But the younger Biden has been embroiled in a list of unrelated controversies for years, including his overseas dealings and struggles with addiction, which ex-President Trump and his allies have regularly sought to use as fodder for attacks.Here’s a comprehensive timeline of the moments that have propelled Hunter Biden into the limelight.Hunter Biden has been charged with three counts: two counts of making false statements by checking a box falsely saying he was not a user of or addicted to drugs and of illegally possessing the gun as a drug user, and one count for possessing the gun as a drug user.Two counts are punishable by up to 10 years in prison while the third carries up to five years in prison, upon conviction, AP reported.Hunter Biden has also been under investigation for his business dealings. The special counsel overseeing the case has indicated that charges of failure to pay taxes on time could be filed in Washington or in California, where he lives.Republican reactions to Hunter Biden’s indictment are starting to emerge online, with far-right Georgia representative Marjorie Taylor Greene asking:“But where are the indictments for tax fraud, FARA abuse, money laundering, and sex trafficking???”FARA refers to the Foreign Agents Registration Act which requires individuals who engage in specified activities within the US on behalf of a foreign principal to register with and disclose those activities to the justice department.Hunter Biden has drawn ire as a result of his overseas business dealings involving countries including Ukraine and China.Hunter Biden has been indicted by federal prosecutors on three criminal counts on firearm possession, according to court documents.The indictment was filed at the US district court in Delaware on Thursday and charges President Joe Biden’s 53-year-old son with unlawfully possessing a firearm as a drug addict.
      “Robert Hunter Biden, provided a written statement on Form 4473 certifying he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious,” the indictment said.
      The indictment brought special counsel David Weiss follows the collapse of a plea deal for Hunter Biden in July that would have seen him plead guilty to two misdemeanor tax charges and register in a program that would avoid prosecution on a gun-related charge.During the interview between Megyn Kelly and Donald Trump, they discussed the question Kelly asked Trump in 2015 during the Republican primary debate in which Kelly asked:“You’ve called women you don’t like fat pigs, dogs, slobs and disgusting animals.”Recalling the question, Trump said, “That was a badd question.”Kelly replied, “That was a great question,” to which Trump said, “That was a nasty question.”Trump continued to defend his 2015 answer to the question (“Only Rosie O’Donnell”) and said, “I came up with a good answer.”Mark Meadows, the former Trump White House chief of staff, has withdrawn his motion for an emergency stay in proceedings against him in the Fulton county court.Meadows had requested to transfer his Georgia 2020 election interference case from state to federal court on the basis that some of the charged conduct was within the scope of his official duties.From Politico’s Kyle Cheney:Joe Biden has said Republicans launched an impeachment inquiry against him because “they want to shut down the government”.Without agreement on new funding by 30 September, the federal government will at least partly shut down. Hard-right Republicans are demanding cuts to some spending and increases in other areas, particularly immigration enforcement. Some made an impeachment inquiry – regarding the business affairs of the president’s son, Hunter Biden, and unsubstantiated allegations of corruption involving Joe Biden – a condition of support for keeping the government open.Given he must run the House with just a five-seat majority, the House speaker, Kevin McCarthy, is at the mercy of such pressure.With more than five Republicans having expressed skepticism about whether impeachment would be merited, McCarthy skipped a vote on whether to open an inquiry.That followed the example of Nancy Pelosi, his Democratic predecessor, who did not hold a House vote before proceedings against Donald Trump began in 2019. Notably, it also opened McCarthy to accusations of hypocrisy, given that he excoriated Pelosi and told rightwing news outlets at the time that he would hold a vote.After an inquiry, impeachment must be voted on by the full House. A yes vote sends the president to the Senate for trial. A vote there decides if the president will be acquitted, or convicted and removed.Trump was impeached twice, first for seeking political dirt on the Biden family and others in Ukraine, then for inciting the January 6 attack on Congress. The second Trump impeachment was the most bipartisan in history, with 10 House Republicans voting to impeach and seven Republican senators voting to convict. But enough Senate Republicans stayed loyal to see Trump acquitted.The other impeached presidents – Andrew Johnson (1868) and Bill Clinton (1998) – also survived Senate trials. As Democrats now hold the Senate, the effort against Biden stands next to no chance of succeeding. More

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      Impeaching Biden is a desperate Republican gamble that will backfire | Lloyd Green

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      Already in a footrace for re-election, Joe Biden now faces an unwelcome impeachment inquiry. Against the backdrop of a likely government shutdown, the US again stands to be buffeted by our deep and wide partisan divide. Practically speaking, however, he will survive. Conviction by the Senate is a mathematical impossibility.Democrats are in control and Senate Republicans are nowhere near being onboard. “It’s a waste of time,” as one anonymous Republican senator told the Hill. “It’s a fool’s errand.” Said differently, impeachment will scar all concerned – Republicans included.Already, Kevin McCarthy, the speaker of the House, appears desperate and craven. “Maybe this is just Kevin giving people their binkie to get through the shutdown,” the same Republican senator remarked.Even so, Biden confronts rough political terrain. His numbers are underwater, and the US lacks confidence in his capacity to vanquish inflation. His age is a turn-off, too, rivaled only by the unpopularity of Kamala Harris, his running mate.Meanwhile, the indictment of Hunter Biden, the First Son, is a foregone conclusion, a matter of a few weeks not months. Some of the president’s past statements about his lack of nexus to Hunter and businesses do not withstand scrutiny, according to sworn statements. The Republican party possesses ammo.Hunter, in fact, did make money in China and Biden did meet with one of his associates. On top of it all, the president clings to his surviving son, inviting him to a state dinner and vacations with him. The psychodrama continues.Likewise, expect Peter Doocy of Fox News to remain parked at the pivot point between squeegee pest and human thorn. Just a reminder, it was Rupert Murdoch’s New York Post that stuck with the Hunter Biden laptop story. There was a “there” there after all.Yet, this is only the half of the story. Impeachment will likely pave the way for Republican overreach and stories aplenty of the speaker being inept and beholden to Republican jihadists. It might even cost him his job. The latest polls peg McCarthy’s favorability at minus 16.While the public has little love for Biden, the impeachment drive could well strike swing voters as a bridge too far. First, the inquiry appears to be legally defective. McCarthy embarked on this voyage without an authorization vote and that may be a big deal, one that rules out the prospect of compliance or assistance from Merrick Garland’s justice department.Perversely here, Biden may owe Donald Trump a “thank you” of sorts. Back in September 2019, House Democrats initially launched their impeachment without a vote. A month later, one followed. Then in January 2020, Trump’s justice department formally determined that without an authorization vote, impeachment inquiries lack legal teeth.The Department of Justice’s office of legal counsel opined: “The House of Representatives must expressly authorize a committee to conduct an impeachment investigation and to use compulsory process in that investigation before the committee may compel the production of documents or testimony in support of the House’s power of impeachment.”Unfortunately for Trump and his allies, the opinion remains on the books and binds the present administration. As a result, the justice department and the White House will be able to smile as they stiff-arm House Republicans.Then there is McCarthy’s growing credibility problem. Two weeks ago, he told Breitbart that he had the votes in hand. On 1 September 2023, Breitbart’s headlines screamed: “EXCLUSIVE – McCARTHY DETAILS IMPEACHMENT INQUIRY PROCESS: ‘IF WE MOVE FORWARD,’ IT ‘WOULD OCCUR THROUGH A VOTE’ ON THE HOUSE FLOOR.”Not anymore. Pressed about his prior commitment, McCarthy grew testy, telling CNN: “I never changed my position.”At the same time, he may be facilitating the end of the current House majority and, by extension, his gig as speaker. Just as abortion limited Republican gains in the midterms, impeachment will likely remind purple America of the Republican party’s capacity for excess and extremism – particularly if House Republicans impose a prolonged government shutdown.Warning lights flash. “I recommend … against [an impeachment] inquiry unless more evidence that directly connects to President [Biden] is found,” Don Bacon, a Republican congressman from Nebraska, has said. He is also “skeptical” that a vote to launch the inquiry would have succeeded.Meanwhile, McCarthy can’t even move a partisan defense bill forward and continues to catch incoming fire from the right. The emperor may be stark naked. On Wednesday night, Matt Gaetz labeled him “a sad and pathetic man who lies to hold on to power”.“Eventually, the lying has to come to an end and the votes are gonna start on a motion to vacate,” the Florida congressman explained.For his part, Andy Biggs has publicly attacked McCarthy for distracting from the budget fight. “I think the timing is interesting, don’t you?” the Arizona conservative hinted. “It might be seen by some as a deflection.”For that matter, “desperation” might be the better word. Even as McCarthy seeks to oust Biden, it is his own job that is now in jeopardy.
      Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992 More

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      Georgia judge allows key pair be tried separately from Trump and 16 others

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      A Georgia judge has ruled that Donald Trump and 16 others will be tried separately from two defendants who are set to go to trial next month in the case accusing them of participating in an illegal scheme to overturn the results of the 2020 election.Lawyers Sidney Powell and Kenneth Chesebro had filed demands for a speedy trial, and the Fulton county superior court judge Scott McAfee had set their trial to begin on 23 October. Trump and other defendants had asked to be tried separately from Powell and Chesebro, with some saying they could not be ready by the late October trial date.The Fulton county district attorney, Fani Willis, last month obtained an indictment against Trump and the 18 others, charging them under the state’s anti-racketeering law in their efforts to deny Democrat Joe Biden’s victory over the Republican incumbent.Willis had been pushing to try all 19 defendants together, arguing that it would be more efficient and fairer. McAfee cited the tight timetable, among other issues, as a factor in his decision to separate Trump and 16 others from Powell and Chesebro.“The precarious ability of the court to safeguard each defendant’s due process rights and ensure adequate pre-trial preparation on the current accelerated track weighs heavily, if not decisively, in favor of severance,” McAfee wrote. He added that it might be necessary to further divide them into smaller groups for trial.The development is likely to be welcome news to other defendants looking to avoid being tied by prosecutors to Powell, who perhaps more than anyone else in the Trump camp was vocal about publicly pushing baseless conspiracy theories linking foreign governments to election interferences.Another defendant in the Atlanta case, Rudy Giuliani, has sought to distance himself from Powell and spoke at length about her in an interview with special counsel Jack Smith’s team in Washington, according to a person familiar with his account who was not authorized to discuss the matter publicly and spoke on condition of anonymity.Also, Trump-aligned lawyer Eric Herschmann, who in 2020 tried to push back against efforts to undo the election, told the congressional committee investigating the riot at the US Capitol on January 6 that he regarded Powell’s ideas as “nuts”.Chesebro and Powell had sought to be tried separately from each other, but the judge denied that request.Chesebro is accused of working on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors. Powell is accused of participating in a breach of election equipment in rural Coffee county.The nearly 100-page indictment details dozens of alleged acts by Trump or his allies to undo his 2020 loss in Georgia, including suggesting the secretary of state, a Republican, could help find enough votes for Trump to win the battleground state; harassing an election worker who faced false claims of fraud; and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of electoral college electors favorable to Trump.Further explaining his decision to separate the others from Powell and Chesebro, McAfee said he was skeptical of prosecutors’ arguments that trying all 19 defendants together would be more efficient. He noted that the Fulton county courthouse does not have a courtroom big enough to hold 19 defendants, their lawyers and others who would need to be present, and relocating to a bigger venue could raise security concerns.Prosecutors also had argued that because each defendant is charged under the state’s Racketeer Influenced and Corrupt Organizations Act, or Rico Act, the state plans to call the same witnesses and present the same evidence for any trial in the case. They told the judge last week that they expect any trial would take four months, not including jury selection.But McAfee pointed out that each additional defendant increases the time needed for opening statements and closing arguments, cross-examination and evidentiary objections. “Thus, even if the state’s case remains identical in length, and the aggregate time invested by the court is increased, the burden on the jurors for each individual trial is lessened through shorter separate trials,” he wrote.The judge also noted that to satisfy the demands by Powell and Chesebro for a speedy trial, he will try to have a jury seated by 3 November. “With each additional defendant involved in the voir dire process, an already Herculean task becomes more unlikely,” he wrote.McAfee also pointed to the fact that five defendants are currently seeking to move their cases to federal court and litigation on that issue is ongoing. If they were to succeed midway through a trial in the state court, it is not clear what the impact would be, McAfee wrote. More