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      Merrick Garland appoints special counsel in Hunter Biden investigation

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      The US attorney general, Merrick Garland, sent shockwaves through American politics on Friday when he announced the appointment of a special counsel to investigate Hunter Biden, the president’s son, ahead of the 2024 election.Garland named David Weiss, the US attorney in Delaware who has been investigating Hunter Biden’s business dealings, as special counsel.In remarks to reporters in Washington, Garland said Weiss told him on Tuesday that “in his judgment, his investigation has reached a stage at which he should continue his work as a special counsel, and he asked to be appointed.“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel.”It was a momentous move from the usually cautious attorney general. Special counsel investigations of Donald Trump, the Republican frontrunner to face Joe Biden in next year’s election, are ongoing, having produced multiple criminal charges and the prospect of trials in an election year.Special counsels are appointed in cases in which the attorney general believes the justice department faces a conflict of interest. Special counsels report to the attorney general but operate with independence.In the investigations of Trump, the special counsel Jack Smith has overseen indictments regarding the former president’s retention of classified information and his attempt to overturn the 2020 election.Another special counsel, Robert Hur, is investigating the retention of classified information by Biden after he left the vice-presidency in 2017. It was widely reported on Friday that negotiations are active about terms for a Biden interview.Hunter Biden, 53, is the president’s surviving son, after the former Delaware attorney general Beau Biden died in 2015, aged 46. Hunter Biden has been a lobbyist, lawyer, banker, consultant and artist. He has admitted to struggling with substance addiction.He is accused of failing to pay taxes on more than $1.5m in income in 2017 and 2018. He is also charged with unlawfully owning a firearm while addicted to and using a controlled substance.Last month, after a federal judge in Delaware said she needed more time to review a proposed deal to avoid the felony gun charge, Biden pleaded not guilty to the tax charges. The collapse of the plea deal was unexpected.On Friday, Weiss, who was appointed US attorney by Trump, said in a court filing plea deal negotiations were at an impasse and a trial was in order.Republicans in Congress are pursuing their own investigations of Hunter Biden’s business dealings, including in Ukraine and China, as part of a longstanding effort to generate political headaches for his father. They have so far turned up little of substance.In New Mexico on Thursday, Joe Biden generated headlines when he reacted testily to a Fox News reporter who asked about his son’s business dealings and whether Hunter ever put his powerful father on speakerphone when dealing with clients.“I never talked business with anybody,” the president said. “I knew you’d have a lousy question … because it’s not true.”Republicans have long claimed Weiss was being blocked from becoming a special counsel in the matter of Hunter Biden, a claim Weiss and the US justice department denied. On Friday, with Weiss appointed as a special counsel, Republicans still reacted with public displays of anger.In a statement, Republicans on the House oversight committee, which has been piloting congressional investigations of Hunter Biden and pushing for impeachment proceedings against his father, claimed the appointment of Weiss was “part of the DoJ’s efforts to attempt a Biden family cover-up in light of our committee’s mounting evidence of President Joe Biden’s role in his family’s schemes selling ‘the brand’ for millions of dollars to foreign nationals”.A Democrat on the committee, Jared Moskowitz of Florida, said such a reaction to getting what Republicans wanted showed the oversight chair, James Comer of Kentucky, had “no credibility” on the matter.But Kevin McCarthy, the Republican House speaker, also had complaints.“This action by Biden’s DoJ cannot be used to obstruct congressional investigations or whitewash the Biden family corruption,” McCarthy said. “If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a special counsel?”Aaron Fritschner, a staffer for the Virginia Democratic congressman Don Beyer, noted the theatricality of such Republican anger: “Half of the House Republican conference wrote to Merrick Garland last year asking him to appoint a special counsel in the Hunter Biden case. Now that he’s done it they are acting mad.”Liz Harrington, a Trump spokesperson, said: “Crooked Joe Biden, Hunter Biden, and the entire Biden crime family have been protected by the justice department for decades even though there is overwhelming evidence and credible testimony detailing their wrongdoing of lying to the American people and selling out the country to foreign enemies … for financial gain.”Trump leads Republican primary polling by vast margins despite facing 78 criminal charges regarding hush-money payments to a porn star, retention of classified records and attempted election subversion. Further charges relating to election subversion are expected in Georgia next week.Polling shows both Biden and Trump to be historically unpopular with the voting public.Associated Press contributed to this report More

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      Prosecutors ask for 2 January start date for Trump 2020 election interference case – as it happened

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      From 3h agoFederal prosecutors asked a judge to set a 2 January trial date for former president Donald Trump in the case related to his efforts to overturn the results of the 2020 election.In court documents, prosecutors with special counsel Jack Smith’s team said they want the case before US district judge Tanya Chutkan to move to trial swiftly in Washington’s federal court. Prosecutors estimate that it will take four to six weeks to present their case.
      This trial date, and the proposed schedule outlined below, would give the defendant time to review the discovery in this case and prepare a defense, and would allow the Court and parties to fully litigate any pre-trial legal issues.
      The team added:
      Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial—an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes.
      Hello again, US politics live blog readers, it’s been a lively day in political news, which we do our best to bring you as it happens. There will be more live coverage on Friday but, for now, this blog is closing.Here’s where things stand:
      Donald Trump has lodged an appeal against the dismissal of his defamation lawsuit against the New York writer E Jean Carroll.
      The US supreme court has agreed to hear a challenge by Joe Biden’s administration to the legality of OxyContin maker Purdue Pharma’s bankruptcy settlement that would shield its owners, the Sackler family, from lawsuits.
      The Biden administration asked Congress for $13bn in emergency defense aid to Ukraine and an additional $8bn for humanitarian support, plus money to replenish the US federal disaster funds and fortify the US-Mexico border, in a package worth $40bn.
      The House oversight committee intends to subpoena Joe Biden and Hunter Biden amid its ongoing investigation into the Biden family’s business dealings.
      Federal prosecutors asked a judge to set a 2 January trial date for former president Donald Trump in the case related to his efforts to overturn the results of the 2020 election.
      Joe Manchin, West Virginia’s Democratic US Senator, said he’s “thinking seriously” about becoming an independent.
      Donald Trump’s valet, Walt Nauta, pleaded not guilty in Florida court to conspiring with the former president to obstruct the investigation into his possession of classified documents at his Mar-a-Lago estate.
      Supreme Court Justice Clarence Thomas received ‘unprecedented’ number of gifts from billionaire friends, according to a new report detailing even more largesse than previously revealed that has been showered upon the bench’s most conservative member.
      Donald Trump has lodged an appeal against the dismissal of his defamation lawsuit against the New York writer E Jean Carroll, Reuters reports.The development comes just three days after the former US president lost his counterclaim for defamation against E Jean Carroll, the writer against whom he was found liable for sexual abuse and defamation, and fined $5m.Carroll also continues to pursue a separate defamation case against him.The US supreme court has agreed to hear a challenge by Joe Biden’s administration to the legality of OxyContin maker Purdue Pharma’s bankruptcy settlement that would shield its owners from the Sackler family from lawsuits over their role in the country’s opioid epidemic, Reuters reports.The court also paused bankruptcy proceedings concerning Purdue and its affiliates and said in a brief order that it would hold oral arguments in December in the administration’s appeal of a lower court’s ruling upholding the settlement. The court’s new term begins in October.Purdue’s owners under the settlement would receive immunity in exchange for paying up to $6bn to settle thousands of lawsuits filed by states, hospitals, people who had become addicted and others who have sued the Stamford, Connecticut-based company over its misleading marketing of OxyContin.At issue is whether US bankruptcy law allows Purdue’s restructuring to include legal protections for the Sackler family, who have not filed for personal bankruptcy.Purdue filed for Chapter 11 bankruptcy protection from creditors in 2019 to address its debts, nearly all of which stemmed from thousands of lawsuits alleging that OxyContin helped kickstart an opioid epidemic that has caused more than 500,000 US overdose deaths over two decades.The Biden administration on Thursday asked Congress to provide more than $13bn in emergency defense aid to Ukraine and an additional $8bn for humanitarian support through the end of the year, another massive infusion of cash as the Russian invasion wears on and Ukraine pushes a counteroffensive against the Kremlin’s deeply entrenched forces, the Associated Press writes.The package includes $12bn to replenish the US federal disaster funds at home after a deadly climate season of heat and storms and funds to bolster the enforcement at the southern border with Mexico, including money to curb the flow of deadly fentanyl. All told, it’s a $40bn package.While the last such request from the White House for Ukraine funding was easily approved in 2022, there’s a different dynamic this time.A political divide on the issue has grown, with the Republican-led House facing enormous pressure to demonstrate support for the party’s leader, Donald Trump, who has been very skeptical of the war. Meanwhile, American support for the effort has been slowly softening.White House budget director Shalanda Young, in a letter to House speaker Kevin McCarthy, urged swift action to follow through on the US “commitment to the Ukrainian peoples’ defense of their homeland and to democracy around the world” as well as other needs.The request was crafted with an eye to picking up support from Republicans, as well as Democrats, particularly with increased domestic funding around border issues – a top priority for the GOP, which has been highly critical of the Biden administration’s approach to halting the flow of migrants crossing from Mexico.Still, the price tag of $40bn may be too much for Republicans who are fighting to slash, not raise, federal outlays.Senate majority leader and New York Senator Chuck Schumer said:
      The latest request from the Biden administration shows America’s continued commitment to helping Americans here at home and our friends abroad. We hope to join with our Republican colleagues this fall to avert an unnecessary government shutdown and fund this critical emergency supplemental request.”
      Continuing on the issue of Jack Smith requesting a 2 January 2024 trial date for Donald Trump over the former president’s efforts to subvert the 2020 election while he was still in office:On Thursday in a court filing, the government also noted that Trump’s legal team had known about the facts of the case for at least a year after prosecutors first contacted them in June 2022 and one of the lawyers involved in that initial outreach, presumably Evan Corcoran, was at Trump’s arraignment.It also argued that Trump’s lawyers were wrong to characterize the Speedy Trial Act, which broadly mandates criminal cases to go to trial promptly, as existing for the benefit of the defendant and therefore allowing Trump to seek delays if he chooses.The speedy trial rules in fact exist to protect the rights of the public as well as the defendant, prosecutors wrote, citing an opinion from United States v Gambino that found: “The public is the loser when a criminal trial is not prosecuted expeditiously, as suggested by the aphorism, ‘justice delayed is justice denied’.”But the draft schedule proposed by the government, that would see evidence turned over to Trump through discovery completed by the end of August and jury selection at the start of December, is almost certain to be delayed because of complicating factors.The prosecution unexpectedly disclosed in a footnote that they intended to use classified information at trial, which means his case will be tried according to the time-consuming steps laid out in the Classified Information Procedures Act, or Cipa.Cipa essentially requires the defense to disclose what classified information they want to use at trial in advance, so the courts can decide whether to add restrictions. If the government feels the restrictions aren’t enough, they can decide whether they still want to continue with the case.While Cipa established a mechanism through which the government can safely charge cases involving classified documents, the series of steps that have to be followed means it takes longer to get to trial compared with regular criminal cases without national security implications.In asking the judge overseeing the criminal case against Donald Trump over his efforts to subvert the 2020 election to schedule the trial for the start of January 2024, the written filing from prosecutors in the office of special counsel Jack Smith set an aggressive timeline.Trump’s lawyers are expected to seek substantial delay, according to a person close to the former president.“A January 2 trial date would vindicate the public’s strong interest in a speedy trial,” prosecutors wrote. “It is difficult to imagine a public interest stronger than the one in this case in which the defendant – the former President of the United States – is charged with three criminal conspiracies.”The eight-page filing submitted to US district court judge Tanya Chutkan, who will hear arguments from both sides about the scope of the protective order in the case on Friday, argued it gave sufficient time to Trump to prepare a defense.Last week, Trump pleaded not guilty to charges filed in federal district court in Washington that he conspired to defraud the United States, conspired to obstruct an official proceeding, obstructed an official proceeding, and engaged in a conspiracy against rights.Among other things, the government said Trump’s legal team already appeared to know what arguments they intended to make at trial and what pre-trial motions they intended to file and therefore were in a position to quickly go to trial.The prosecutors, for instance, sought to use the television appearances from Trump lawyer John Lauro – where he discussed potential legal defenses and the possibility of filing a motion to change the trial venue to West Virginia – against him.“It appears that defense counsel is already planning which motions the defendant will file,” prosecutors said in one footnote. “On CBS’s Face the Nation on August 6, 2023, Mr Lauro stated, ‘We’re going to be identifying and litigating a number of motions that we’re going to file.’”More of this report in the next post.James Comer, the Republican chair of the House oversight committee, said his committee will eventually move to subpoena Joe Biden and Hunter Biden amid its ongoing investigation into the Biden family’s business dealings.Comer, speaking on Fox Business on Thursday, said:
      This is always going to end with the Bidens coming in front of the committee. We are going to subpoena the family.
      He added:
      We know that this is going to end up in court when we subpoena the Bidens. So we’re putting together a case and I think we’ve done that very well.
      His comments came a day after the House oversight committee issued a memo laying out their intention to accuse Joe Biden of corruption even without direct evidence that he financially benefited from foreign business dealings by his son. The memo outlined millions of dollars in foreign funds paid to Hunter Biden and his former associates while his father was vice-president, but it did not show a direct payment to Joe Biden.National security council spokesperson Adrienne Watson confirmed that the five Americans detained by Iran had been moved to house arrest, and said negotiations for their release were continuing.Watson described the transfer as “an encouraging step” – but adding that they should never have been detained in the first place. She said:
      We will not rest until they are all back home in the United States. Until that time, negotiations for their eventual release remain ongoing and are delicate. We will, therefore, have little in the way of details to provide about the state of their house arrest or about our efforts to secure their freedom.
      The Iranian Americans include businessmen Siamak Namazi, 51, and Emad Shargi, 58, as well as environmentalist Morad Tahbaz, 67, who also has British nationality, said Jared Genser, a lawyer who represents Namazi. The identity of the other two US citizens has not been made public.Freeing the five would remove a major irritant between the US and Iran, though the nations remain at odds on issues from the Iranian nuclear program to Tehran’s support for Shia militias in nations such as Iraq and Lebanon.Namazi, who in 2016 was convicted of espionage-related charges the United States has rejected as baseless, has been detained by Iran for more than seven years. His father, Baquer, was allowed to leave Iran in October for medical treatment after being detained on similar charges also rejected by Washington.Tahbaz was arrested in 2018 and sentenced to 10 years in prison for “assembly and collusion against Iran’s national security” and working for the United States as a spy. Shargi was convicted of espionage in 2020 and also sentenced to 10 years.Iranian Americans, whose US citizenship is not recognized by Tehran, are often pawns between the two nations, which are at odds over issues including Iran’s expanding nuclear program.In February, NBC News reported Washington and Tehran were holding indirect talks exploring a prisoner exchange and the transfer of billions of dollars of Iranian funds in South Korean banks currently blocked by US sanctions. If transferred, those funds could only be spent for humanitarian purposes.Any transfer could draw Republican criticism that Joe Biden had effectively paid a ransom for the US citizens and that Iran using that money for humanitarian purposes could free up funds for its nuclear program or to support militias in nations such as Iraq, Lebanon and Yemen.Donald Trump is likely to oppose the schedule proposed by special counsel Jack Smith in the latest court filing.The former president’s lawyers have already suggested they will try to slow things down, citing the complexity of the case and Trump’s crowded legal and political schedule.Trump’s legal team is due to respond by next Thursday. US district judge Tanya Chutkan has indicated she will make a decision on the trial date at a 28 August hearing.Federal prosecutors asked a judge to set a 2 January trial date for former president Donald Trump in the case related to his efforts to overturn the results of the 2020 election.In court documents, prosecutors with special counsel Jack Smith’s team said they want the case before US district judge Tanya Chutkan to move to trial swiftly in Washington’s federal court. Prosecutors estimate that it will take four to six weeks to present their case.
      This trial date, and the proposed schedule outlined below, would give the defendant time to review the discovery in this case and prepare a defense, and would allow the Court and parties to fully litigate any pre-trial legal issues.
      The team added:
      Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial—an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes.
      West Virginia senator Joe Manchin, who has yet to decide whether to run for reelection next year or wage a long-shot third party bid for president, said he’s “thinking seriously” about becoming an independent.“I’m thinking seriously,” Manchin told West Virginia radio host Hoppy Kercheval on Thursday. He added:
      I have to have peace of mind, basically. The brand has become so bad. The D brand and R brand … You’ve heard me say a million times, I am not a Washington Democrat.
      Asked how seriously he was about becoming an independent, Manchin said he has “been thinking about that for quite some time” and that he wanted to “make sure that my voice is truly an independent voice”.Manchin, who earlier this year described himself as an independent Democrat, has been dropping hints for months that he might switch to become an independent. On Thursday, he said he was not yet ready to make an announcement about his future with the Democratic party immediately. “When I get ready to make a decision, I’ll come see you,” he told Kercheval.The US and Iran have reached an agreement to win the freedom of five imprisoned Americans in exchange for several jailed Iranians and about $6bn in Iranian government assets blocked under US sanctions, according to reports.Five Iranian-Americans were transferred from prison to house arrest, according to a lawyer for one of the prisoners. Jared Genser, counsel to Siamak Namazi, told CNN the move was an “important development”, adding:
      While I hope this will be the first step to their ultimate release, this is at best the beginning of the end and nothing more.
      In addition to Namazi, Emad Sharghi, Morad Tahbaz, and two others whose names have not been made public, were moved from Tehran’s notorious Evin Prison, and are anticipated to be held at a hotel under guard by Iranian officials, until they are allowed to board a plane.The Biden administration has been engaged in negotiations to try to secure the release of the Americans from Iran, a country with which it does not have diplomatic relations. More

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      Democratic Senator Joe Manchin ‘thinking seriously’ about leaving party

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      The West Virginia senator Joe Manchin is “thinking seriously” about abandoning the Democratic party to run as an independent for Congress or as a third-party candidate for president.“I’m thinking seriously,” Manchin, 75, told a West Virginia radio host on Thursday. “I have to have peace of mind, basically. The brand has become so bad, the ‘D’ brand and ‘R’ brand. In West Virginia, the ‘D’ brand because it’s [the] national brand. It’s not the Democrats in West Virginia, it’s the Democrats in Washington.“You’ve heard me say a million times I’m not a Washington Democrat.”Over the past two years, Democrats and progressives have perhaps called Manchin a million names – “modern-day villain” among them – mainly because the fossil fuel-aligned senator has wielded tremendous power over domestic legislation including efforts to combat the climate crisis and protect voting rights.Democrats hold the Senate by 51-49. Of those 51 senators, three – Bernie Sanders of Vermont, Angus King of Maine and Kyrsten Sinema of Arizona – are independents already.Sinema became an independent last year. Her future looks in doubt, with a gathering challenge from the Democratic congressman Ruben Gallego. But Democrats fear what might happen if both Sinema and Gallego contest Sinema’s seat: a split vote handing a win to a Republican extremist, potentially Kari Lake.In West Virginia, Manchin is a long way behind the current Republican governor, Jim Justice – himself a former Democrat – in polling regarding the Senate race next year.Manchin was governor of West Virginia between 2005 and 2010, years in which the formerly Democratic state turned sharply right.On Thursday, he told Hoppy Kercheval, host of Talkline on West Virginia Metro News: “I haven’t made any decisions whatsoever on any of my political direction. I want to make sure that my voice is truly an independent voice. When I do speak, I want to be able to speak honestly about basically the extremes of the Democrat and Republican party that’s harming our nation.”Manchin could also run as an independent candidate for president, backed by the campaign group No Labels, an outcome feared and derided by pundits who think such an effort will split the vote and return Donald Trump to the White House.Manchin has long flirted with No Labels. He told Kercheval: “When I get ready to make a decision, I’ll come see you. You just can’t tell how this is going to break. If come January and February of next year these are still the main contenders, Donald Trump and Joe Biden, that’s a whole other scenario.”skip past newsletter promotionafter newsletter promotionThe president, 80, and his 77-year-old, 78-times charged rival are historically unpopular.“If they are not” the candidates, Manchin said, “that changes the game completely. The bottom line is, ‘Will the middle speak up? Does the middle have a voice?’”Saying “moderate, centrist Republicans” feel they “don’t have a voice anymore”, Manchin said “the Democratic party that I grew up with was … socially compassionate and fiscally responsible … so if we can create a movement that people understand, we could have a voice.“We could make a big, big splash, and maybe bring the traditional parties … [back to] what they used to be.” More

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      Supreme court justice Thomas took 38 undisclosed vacations from rich friends – report

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      The US supreme court justice Clarence Thomas appears to have violated US law by failing to disclose “flights, yacht cruises and expensive sports tickets” bestowed by wealthy friends behind at least 38 destination vacations, ethics experts told ProPublica in its latest blockbuster report on the conservative judge and his friends.“It’s so obvious,” Richard Painter, a White House ethics chief under George W Bush, told the nonprofit website. “It all has to be reported.”The report was just the latest in a string of exposés of links between Thomas, 75, and rich benefactors, many donors to conservative causes, prominently including the real-estate magnate Harlan Crow.ProPublica has revealed undeclared links to Crow including luxury holidays and travel; a real estate sale to the benefit of Thomas’s mother; and school fees paid for his grand nephew. It has also reported on links between another arch-conservative justice, Samuel Alito, and another billionaire, Paul Singer.In response to a previous ProPublica report about Crow, Thomas denied wrongdoing, saying he never discussed politics or business before the court with his friend.The justice did not comment on the new report about his 38 vacations at the gift of businessmen including Wayne Huizenga (a former owner of the Miami Dolphins NFL team who died in 2018), David Sokol and Paul “Tony” Novelly, trips that included luxury golf resort visits and expensive college football tickets.Novelly and Huizenga’s son did not comment.Sokol told ProPublica he and Thomas “have never once discussed any pending court matter. Our conversations have always revolved around helping young people, sports and family matters. As to the use of private aviation, I believe that given security concerns all of the supreme court justices should either fly privately or on governmental aircraft.”On social media, Mark Paoletta, a lawyer, conservative activist and Thomas friend, attacked ProPublica before its report was published. Bemoaning “another smear job”, Paoletta called ProPublica a “leftwing billionaire-funded attack dog”, apparently a reference to Sam Bankman-Fried, the cryptocurrency mogul who faces criminal charges. Earlier this year, ProPublica said it would return a $1.6m donation from Bankman-Fried and terminate the relationship.Paoletta, who appears on a painting made famous by ProPublica, of Thomas with Crow, Leonard Leo of the Federalist Society and other prominent conservatives, said the site “reached out to me for this story as I was on one of these wonderful trips with my good friends”.ProPublica described how at a luxury lodge in Wyoming, Thomas and his wife, the far-right activist Ginni Thomas, “fished, rafted on the Snake River and sat by a campfire overlooking the Teton Range with the other couples”.ProPublica also published a picture of a card sent to friends by Ginni Thomas. It showed Mark and Tricia Paoletta singing while holding phones. The caption said they were performing “a special tribute to Clarence”.Thomas’s love of luxury travel has been described elsewhere. The New York Times recently reported how Anthony Welters, a healthcare magnate, financed Thomas’s purchase of a luxury motor home, or RV.In its new report, ProPublica also reviewed records showing how the Horatio Alger Association, to which Thomas belongs, a link first reported by the Times, raised money by offering donors seats at an event at the supreme court.Virginia Canter, a former government ethics lawyer, said: “To use the supreme court to fundraise for somebody’s charity is, to me, an abuse of office. It’s pay to play, isn’t it?”The association, named for a 19th-century writer who popularised rags-to-riches tales, denied wrongdoing and praised Thomas’s work with scholarship recipients. In a literary historical aside, ProPublica said: “In real life, Alger was a minister on Cape Cod who resigned from his parish after he was credibly accused of molesting boys.”Published early on Thursday, the ProPublica story made a huge splash.skip past newsletter promotionafter newsletter promotionIn response, Kyle Herrig, senior adviser to Accountable.US, a progressive nonprofit, said: “Justice Thomas clearly sees his position on our nation’s highest court as a way to upgrade his own lifestyle via his billionaire benefactor social circle.”“It was his own decades-long improper financial relationship with Harlan Crow that sparked the supreme court corruption crisis in the first place – and that was just the tip of the iceberg. Harlan Crow, Justice Thomas, Leonard Leo and other key players in this court corruption crisis may believe they exist above the law, but they don’t. We need accountability and reform now.”Many would agree the supreme court is in crisis but accountability is unlikely. Supreme court justices are nominally subject to the same ethics rules as all federal judges but in practice govern themselves.Claiming his court holds itself to the “highest standards” of ethical conduct, the conservative chief justice, John Roberts, has rejected requests to testify in Congress. Meanwhile, the Senate judiciary committee chair, Dick Durbin of Illinois, has exchanged barbs with Alito. On Thursday, Sheldon Whitehouse of Rhode Island, another committee Democrat, said of the new ProPublica report: “I said it would get worse; it will keep getting worse. Omertà must stop; it becomes complicity.”The committee has introduced legislation for ethics reform. It is almost certain to fail, given Republican opposition.Democrats and progressives have called for Thomas to resign or be removed. Neither is remotely likely. Republican control of the House ensures impeachment is a non-starter. Even if it were, Thomas is a senior conservative among six on the nine-member court, delivering wins including the removal of the right to abortion. It is inconceivable that impeachment could receive necessary bipartisan support.Still, ProPublica found no shortage of ethics experts to profess dismay at Thomas’s friendships and failure to disclose their benefits.Jeremy Fogel, a former judge, said: “I don’t remember ever seeing this degree of largesse given to anybody. I think it’s unprecedented.”Don Fox, a former government ethics counsel, said: “It’s just the height of hypocrisy to wear the robes [of a justice] and live the lifestyle of a billionaire.” More

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      Why are Black rappers aligning themselves with the right? | Tayo Bero

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      Scrolling through Twitter a couple of weeks ago, I came across a clip of rightwing commentator Tucker Carlson interviewing a face I never thought I’d see on his platform: Ice Cube.As in Fuck Tha Police Ice Cube.“What planet am I on right now?” I found myself thinking.In a two-part segment, Ice Cube and Carlson commiserated about cancel culture and cast doubt on the safety of the Covid vaccine. “It was six months, kind of a rush job and I didn’t feel safe,” Ice Cube said about his widely-publicized resistance to the Covid shot. He also claimed that he’s been banned from appearing on the talkshows The View and Oprah because he is too much of an “independent thinker”.It seems Ice Cube has become quite the conservative media darling lately, sitting down with not just Carlson, but Joe Rogan and Piers Morgan as well. He’s joining a long list of rappers – Kanye West, Da Baby, Kodak Black, Lil Pump – who have all put themselves in dangerous proximity to conservative politicians even as rightwing populism threatens to destroy their communities.Kanye campaigned for Trump, and both Lil Wayne and Kodak Black publicly supported the former president after being pardoned by him on his last day in office. In 2020, Trump even brought a supportive Lil Pump out to a Michigan rally (where Trump introduced him as “Lil Pimp”), while Da Baby was also very vocal about supporting Trump’s second bid last year.We can try to excuse this behavior or dress it up as “opening a dialogue” or “crossing the aisle” as much as we like, but that is not what this is about. So what do these rappers have in common with rightwingers who wouldn’t otherwise touch them with a 10ft pole?Shared values.In discussions about money, gender identity, public health and a variety of social issues, rappers and rightwingers have a lot more in common than you’d immediately think. Many people from both groups share hypermasculinity, conservative Christian values, and a distrust of social institutions (justified or not); and on this common ground sits a messy and dangerous alliance full of people who ordinarily would hate each other, but have come together to make vulnerable people their enemy.Ice Cube, for example, is a well-documented anti-vaxxer, and has expressed bigoted views on gender identity, as have many of his colleagues like Da Baby, Boosie and others.And when it comes down to the raw cents and dollars, modern-day wealth solidarity between mainly Black rappers and powerful conservatives isn’t entirely surprising. Ownership in hip-hop is whiter than ever and the nature of the music itself has become increasingly capitalistic. Rap is no longer the embodiment of African American resistance it once was. Now, it’s a hyper-commercialized cultural assembly line that’s somehow been re-designed to glorify the very issues it once pushed so hard against.That’s why society’s current obsession with Black billionaires and one-percenters as “success stories” constantly falls so flat. The notion of building individual wealth as a means of collective liberation is as sinister as it is stupid. We know that Black wealth hoarding can’t save us and that recreating the violent architecture of capitalism – but with Black people in the positions of power, of course – does nothing for the plight of everyday African Americans. Still, hip-hop legends like Jay-Z continue to peddle this demented lie because that is the very function of capitalism: keep the poorest in society busy providing cheap labor while they chase an impossible dream.Then there’s the pseudo-intellectual bunch, who mask their self-serving motivations as elevated political awareness. Say what you want about Democrats and what they have or haven’t done for Black people in America, but Kanye West campaigning for Trump wasn’t some stroke of genius – it was one of the most self-hating and objectively stupid moves that a person in his position could have made back in 2016. But Kanye’s thirst for relevance, combined with a pathological desire to be contrarian and his new hyper-religious bent, made him the perfect kind of Trump-loving troll.As many rappers gain inordinate wealth and power, they’re increasingly exposed to the ways that all of that can also be a gateway to political influence and social dominance. These men don’t want a better America for Black people, they want one where their worldviews are advanced, regardless of which enemies they have to sleep with in order to make that happen.And while Black voters obviously don’t owe loyalty to any one political party, some rappers do function as community leaders in many ways, and they always have: that’s why their allegiance to the right needs to be called out now. The custodians of rap as an art form have a duty to be responsible with their platforms. And when I say responsible, I’m not talking about respectability politics and pearl-clutching about raunchy lyrics. I’m talking about the stuff that materially affects Black people’s lived experience, like what kind of politics to adopt, and why.What’s perhaps most fascinating about all this is the fact that many rappers are willing to align themselves with white supremacists not in spite of their marginalization, but because of it. I don’t blame Black people – burned by decades of generational disenfranchisement and then walloped over the head with the illusion of meritocracy – for trying to keep their place at the top no matter who they have to play nice with.But romancing fearmongering xenophobes isn’t keeping us at the top, it’s digging a pitiful hole to the bottom, a new low from which Black people as a community will not recover if we don’t put a stop to it now.
      Tayo Bero is a Guardian US columnist More

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      Florida wants to let a rightwing group teach history to children. This is appalling | Nancy Jo Sales

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      In July, the Florida department of education announced that it had approved the use of content by PragerU Kids for the coming school year. PragerU Kids was recently described by Time magazine as “a resource for schools”. But it is only a “resource” because the state of Florida has deemed it so. PragerU is not an actual university. It has no accreditation. It is a conservative media company whose goal since its founding in 2009 has been to spread rightwing ideology to adults and children.And it has been incredibly successful at doing that. PragerU’s latest annual report says that the company’s self-described “edutainment” videos racked up more than 1.2bn views in 2022, with more than 7bn since its founding. Its content has been mostly available online, particularly on Facebook and YouTube, but now it is making its way into US classrooms with the promise of fighting the so-called “woke agenda”.PragerU makes no secret of its agenda. Its co-founder, Dennis Prager – a conservative radio talkshow host and writer who has been attacking progressive causes since the 1980s – was recently glib in responding to claims that PragerU “indoctrinates kids”. “Which is true,” Prager said in a speech to the conservative “parental rights” group Moms for Liberty. “We bring doctrines to children. That is a very fair statement. I said, ‘But what is the bad of our indoctrination?’”PragerU Kids’ cartoon videos for children as young as kindergarten age not only soft-pedal the history of slavery, racism, colonialism and police brutality – they show sympathy for them. In one video, Leo and Layla Meet Christopher Columbus, Columbus tells young Leo and Layla: “Slavery is as old as time and has taken place in every corner of the world … Being taken as a slave is better than being killed, no?”Another PragerU Kids video describes George Floyd, who was murdered by the Minneapolis police officer Derek Chauvin in 2020, as a “Black man who resisted arrest”. Another features a cartoon version of the Black American educator and author Booker T Washington comforting white children by saying, “Future generations are never responsible for the sins of the past.” To which his young listener responds: “OK, I’ll keep doing my best to treat everyone well and won’t feel guilty about historical stuff.”Another video says that British colonialism transformed India “in many positive ways”.PragerU Kids’ videos for teens often focus on sexuality and gender, promoting traditional gender roles in ways that could be considered anti-feminist. In one, How to Embrace Your Femininity, a young blond woman with perfect hair and makeup tells viewers: “Most gender stereotypes exist because they reflect the way that men and women are naturally different. And those differences aren’t bad … So don’t let anyone tell you it’s bad to fit stereotypes. Those people are just trying too hard to be cool.”And climate change denial? A PragerU video for kids compares pushing back against the science of the climate crisis to Jews in the Warsaw ghetto uprising who fought the Nazis. As they say, you can’t make this stuff up. It’s perhaps no coincidence that the initial funding for PragerU came from the Wilks brothers, petroleum industry billionaires.It wouldn’t be a stretch to call this content rightwing propaganda, which the state of Florida has now all but legitimized as suitable learning materials for kids. This isn’t surprising in a state with a governor, Ron DeSantis, who has staked his political career on fighting “wokeness”. Alarmingly, however, Florida may be just the first of other states to follow in adopting PragerU’s anti-progressive materials. The company is now reportedly going through the process of being approved as an education “resource” in other states. Which is next? Texas? Oklahoma? And how many more after that?American education has never been perfect. I can remember, as a teenage girl growing up in Florida in the 1970s, being frustrated by the fact that my public high school curriculum included almost nothing on the history of women in the US – which hasn’t changed so very much since then. It was also appalling how little time we spent on the history of slavery, the history of Native people or the contributions of people of color to our society, which schools still fail to teach.But the adoption of PragerU Kids content by a state’s department of education is something on another level. This is admittedly indoctrination, propaganda full of lies and half-truths specifically designed to manipulate and mold young minds to serve a rightwing political agenda. You could argue that this has always been the problem – a problem that critical race theory and its proponents have been trying to combat and change.The reaction against this has been swift and severe, and the embrace of PragerU Kids could be just be one of the many unseemly moves we’ll be seeing in the continued fight to finally teach the truth in American schools.
      Nancy Jo Sales is the author, most recently, of Nothing Personal: My Secret Life in the Dating App Inferno More

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      ‘No Republican party’ in US today, says anti-Trump conservative judge

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      A respected conservative judge who advised the former Republican vice-president Mike Pence not to attempt to overturn the 2020 election believes Donald Trump has destroyed the Republican party.“American democracy simply cannot function without two equally healthy and equally strong political parties,” J Michael Luttig told CNN on Wednesday. “So today, in my view, there is no Republican party to counter the Democratic party in the country.“And for that reason, American democracy is in grave peril.”American democracy has by most measures been in grave peril since 6 January 2021, the day Pence, as vice-president, took Luttig’s advice and refused to attempt to block congressional certification of Joe Biden’s election win.A mob Trump told to “fight like hell” attacked the Capitol, some chanting for Pence to be hanged. The effort failed but nine deaths have been linked to the riot, including law enforcement suicides. More than a thousand people have been charged and hundreds convicted, some with seditious conspiracy.Last week, the special counsel Jack Smith indicted Trump on four counts relating to election subversion. Trump, 77, pleaded not guilty, as he has to 74 other criminal counts, in New York over hush-money payments to a porn star and federally regarding his retention of classified information.Trump also faces cases concerning his business affairs and his treatment of women. In New York this week, regarding a civil suit in which Trump was found liable for defamation and sexual assault, a judge said it was not defamatory to call the former president a rapist.Trial dates are piling up, most during the Republican primary next year. Nonetheless, Trump leads Ron DeSantis of Florida, Pence and the rest of the field by more than 30 points, firmly on course to face Biden again. In Congress, his far-right supporters maintain a grip on the House as they seek to impeach Biden.Luttig told CNN: “A political party is a collection and assemblage of individuals who share a set of beliefs and principles and policy views about the United States of America. Today, there is no such shared set of beliefs and values and principles or even policy views as within the Republican party for America.”Trump, he said, was a danger “more so today” than last year, when Luttig testified to the House January 6 committee.A respected conservative judge who was considered for the supreme court under George W Bush, Luttig made a tremendous impact with his January 6 testimony.Speaking on primetime television, Luttig said: “I believe that had Vice-President Pence obeyed the orders from his president … and declared Donald Trump the next president of the United States … [he] would have plunged America into what I believe would have been tantamount to a revolution, within a constitutional crisis.”On Wednesday, Luttig also told CNN he did not think Trump could avoid conviction for election subversion.“The evidence is overwhelming that the former president knew full well that he had lost the election,” he said. More

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      Data says Americans are becoming more conservative. What’s going on? | Jill Filipovic

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      Earlier this summer, Gallup published some surprising numbers: more Americans identified as “socially conservative” than at any time in about a decade. Thirty-eight per cent said they were “conservative” or “very conservative” when it came to social issues, as opposed to 29% who said they were “liberal” or “very liberal”. A year earlier, 33% were on the conservative side, and 30% liberal.What accounts for the rightward shift?While these numbers tell us something interesting about personal identification, they don’t actually tell us all that much about policy. “Social issues” wasn’t defined by the Gallup pollsters, leaving respondents to interpret the term for themselves. But the line between “social issues” and “economic issues” isn’t all that clear. Is income inequality a social issue, an economic issue, or both? What about abortion, which has long been defined as a social issue, but has huge economic impacts for women and their families?What primarily seems to be driving the change is the Biden era.The last time we saw a similar peak in self-described social conservatism was in 2009, the year Barack Obama took office. Social conservatism hit a low in 2021, when Biden was inaugurated after a horrific and deadly pro-Trump insurrection brought national shame to the country and to the Republican party in particular.But it has steadily ticked up since then. And the shift has been driven largely by Republicans, whose conservative/very conservative identification on social issues has grown by 14 points since 2021. Independents have shifted rightward on social issues by five points. Democrats have stayed steady.Republicans, in other words, have doubled down on conservative identity now that their party is out of the White House. And that makes sense: being in the political opposition is often more motivating than being in charge, and feeling like your policy preferences are being sidelined can make you dig in harder than when you feel like you’re winning.There’s also been an age-related shift. While most age groups, aside from those over 65 who stayed more or less even, shifted rightward, the biggest shift – 13 points – was among those aged 30 to 49 (50-to-64-year-olds shifted by 11 points, while adults under 30 moved to the right by six points). This, too, may not be all that surprising: one’s 30s and 40s are the years when many adults find themselves turning inwards, toward nuclear family and home life, which can be a conservatizing force (for women, marriage tends to create a shift to the right; having children, for both sexes, may do the same).There’s actually not much evidence that Americans are growing more conservative when you break it down issue by issue. Support for abortion rights is at record highs, with even many Republicans wanting the government out of women’s uteruses. And Americans aren’t just more pro-choice broadly; they are now more likely to support abortion without restriction.Support for LGBTQ rights is also widespread. Seventy-one per cent of Americans support same-sex marriage rights. Sixty-six per cent favor allowing trans people to serve in the military. And 93% say gay people and lesbians should have the same job opportunities and protections as straight people.When it comes to guns, most Americans want stricter laws. And most Americans also say that more needs to be done to make racial equality a reality.It’s clear that Americans are a more liberal bunch than can be captured by amorphous self-identity questions. One issue, though, is different: crime.According to Gallup data from last year, 56% of Americans said there was more crime in their area than in the previous year – the highest percentage since Gallup began asking the question in 1972. And 78% said they believed crime was up nationwide. Republicans were much more likely than Democrats to believe crime was up, but 42% of Democrats believed crime in their area had risen. And most Democrats also believe that crime is up nationwide.Perception, of course, is not reality. “Crime” is also one of those amorphous terms – are we talking about murders or porch pirates or wage theft, or all of the above? The numbers generally show that, while there was a spike in violent crime during Covid, crime remains lower than it was at its peak in the 1990s. But crime statistics are notoriously poorly tracked, which leaves us with limited data. And “things aren’t as bad as they were at the height of violent crime in modern America” isn’t exactly comforting.People also tend to vote on perception, not data. If the general perception is that crime is rising, that can push voters to the right, as the Republican party has pretty firmly entrenched itself as the party of law and order. This is ironic, given that Republicans’ anything-goes stance on gun control fuels America’s endemic violence problem, but Republicans’ rhetoric on crime is much more aggressive than Democrats’. Republicans also tend to promote more policing and punitive measures in response to crime, while Democrats are more likely to push broader social investments, including in education and poverty alleviation.When many Americans think about rising crime, what they’re really considering is the general sense of things being safe and orderly or not. A big part of what’s driving the perception of rapidly rising crime, I suspect, is the reality of increasingly visible social dysfunction: homelessness, addiction and anti-social behavior.Since the pandemic, homelessness has surged, and there seems to be a higher number of visibly homeless people who are struggling with mental health disorders, substance abuse disorders or both. In New York City, there has been an 18% increase in the number of people who are sleeping on the streets and in the subways, and for the first time ever the city’s homeless population passed 100,000. The San Francisco Bay Area has seen a 35% rise in homelessness since 2019. Los Angeles has seen its homeless population increase by more than 40% since 2018. Maricopa county, Arizona, which includes Phoenix, has seen its homeless population increase by 72% since 2017.Large west coast cities are plagued by tent encampments, which are often sites of gang activity, illicit drug use and deadly overdoses, sexual violence and crime more broadly. The folks sleeping rough are not the majority of people who are unhoused on any given night, but they are a group that reads as homeless, erratic, potentially dangerous and reflective of broader social malaise. That read may not be kind or fair and accurate, but perceptions rarely are.Adding to the general sense of insecurity and instability are surging drug overdoses and the more amorphous sense – backed up with some data – that people are just acting erratically and badly in all kinds of new and disturbing ways. All of this may be combined into a general sense of “things are bad and seem to be coming apart at the seams” which can manifest as “crime is getting worse” – which in turn can drive people to the right if they don’t think Democrats and liberals are responsive to their concerns.And unfortunately, while mainstream Democrats do largely recognize that crime and concern for general order and stability is a problem, a lot of liberal pundits and people in media, and even some elected officials, deny and deflect. One way to drive people who share your values away from your party and your ideology is to deny what they can see with their own eyes.Luckily, there are a long list of issues that Democrats win on, and voters may be more inclined to vote for politicians who promise to protect the environment, reproductive rights and democracy itself than those who say they’ll “do something” about homelessness (especially if more voters understand that “something” has to be housing) or “get tough” on crime (especially if voters are exhausted by a system of brutal incarceration that doesn’t actually solve the problem).It is a problem for Democrats, though – and for progressive movement-building – if more Americans consider themselves socially conservative, whether their policy preferences perfectly line up with the Republican party or not. The latest numbers may just be a blip, spurred on by conservatives who feel victimized by a Democratic administration.But liberals are already at a disadvantage in a country where only a small minority – roughly one in five – has said for the last 20 years that they are liberal on economic issues, while 40% to 50% have consistently said they’re economically conservative. Republicans don’t represent a majority on policy, but conservatism seems to have a better brand than liberalism: while 40% of Americans say they’re conservative, just 26% say they’re liberal.That doesn’t necessary mean Democrats will always lose elections. But it is bad news for the majority of us who value liberal democracy and want to build a fairer, healthier, safer society.
      Jill Filipovic is the author of the The H-Spot: The Feminist Pursuit of Happiness More