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      Groups increasingly use defamation law to ward off US election subversion

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      Groups seeking to protect US democracy from a renewed threat of subversion in the presidential race next year wield a new weapon against Donald Trump and his accomplices: the little-used law of defamation.Trump’s former lawyer Rudy Giuliani, the My Pillow CEO, Mike Lindell, and conspiracy theorist Dinesh D’Souza are among the individuals named in a spate of high-profile defamation cases targeting those who tried to overturn the 2020 election. Prominent rightwing media outlets such as Fox News and Gateway Pundit are also on the hook.Already the legal pain is mounting. Giuliani has been found liable for defaming two election workers in Georgia whom he falsely accused of criminally miscounting votes in 2020 in favour of Joe Biden.The case will go to trial in December with Giuliani facing possibly swingeing punitive damages.Lindell has notched up millions in legal fees in the $2bn defamation suits that have been brought against him by the voting machine firms Dominion and Smartmatic for falsely saying they rigged the count. His ongoing libel woes follow the April settlement in which Fox agreed to pay Dominion a shattering $788m for broadcasting similar lies.“This is lawfare,” Lindell protested in an interview with the Guardian. “Lawfare hasn’t been used in our country since the late 1700s, and that’s what they are doing.”The lawsuits are designed in part as a strategy of deterrence. Those pressing the libel suits hope that anyone contemplating a renewed assault on next year’s presidential election, in which Trump is once again likely to be the Republican candidate, will look at the potentially devastating costs and think twice.“We aim to demonstrate that there is no immunity for spreading intentional and reckless lies,” said Rachel Goodman, a lawyer with the non-partisan advocacy group Protect Democracy. “Ensuring accountability for intentional defamation is a crucial part of deterring election subversion from happening again in 2024.”Protect Democracy currently has five defamation suits on the go against individuals and outlets who propagated election denial. The defendants include Giuliani, the Gateway Pundit and the beleaguered undercover video outfit Project Veritas.D’Souza is being sued over his widely derided and debunked movie 2000 Mules. In it he depicted a Black voter in Georgia, Mark Andrews, as a “mule” who illegally deposited ballots in a drop box when in fact he legally delivered the votes of his own family.The fifth case concerns Kari Lake, the Arizona Republican who refused to accept her defeat in that state’s gubernatorial contest last year. The plaintiff is the top election official in Maricopa county, Stephen Richer, whom she falsely accused of injecting 300,000 phoney ballots into the count to swing the race against her.Defamation law has traditionally been sparingly used in the US, given the very high bar that plaintiffs have to meet. Under the 1964 supreme court ruling New York Times Co v Sullivan, they have to be able to show “actual malice” on behalf of the accused.“When lawsuits are brought against public figures they can only prevail if they can show that the speaker knew that the statements were false, or very likely false, and made recklessly without further investigation or caring for the truth,” said Eugene Volokh, a law professor at UCLA.The first Protect Democracy suit to reach trial will be that against Giuliani. A jury will convene in a federal court in Washington DC on 11 December to decide the scale of damages he will have to pay.Giuliani waged a “sustained smear campaign” against two Georgia poll workers in the 2020 count of absentee ballots, Protect Democracy alleged. The mother and daughter duo, Ruby Freeman and Shaye Moss, became the targets of a conspiracy theory in which they were said to have packed bogus ballots into “suitcases” which they then surreptitiously counted five times, transferring victory to Biden.Giuliani called their actions “the crime of the century”, and labeled them “crooks”.Georgia election officials and police investigators categorically disproved the falsehoods within 24 hours of Giuliani airing them. The suitcases turned out to be ballot storage boxes and the counting process was entirely normal, yet he continued to repeat the lies for months.Freeman and Moss faced a prolonged harassment campaign, including death threats from Trump supporters. At its peak, Freeman was compelled to flee her own home and to shutter her online business.In July, in an attempt to avoid disclosing evidence to the plaintiffs, Giuliani admitted that he had made defamatory statements and caused the pair emotional distress. The following month a federal judge ruled he was liable for defamation – leaving the jury to decide only the scale of damages.Goodman said the case summed up why Protect Democracy was bringing defamation suits against election denialists. “Ruby Freeman and Shaye Moss were Americans doing their civic duty, and they were put in the crosshairs of this election subversion machine – we should not stand for that.”Most defendants have tried to shield themselves behind the first amendment right to free speech. In Arizona, Kari Lake has attacked the lawsuit against her as an attempt to “punish or silence” her “core free speech about the integrity of the 2022 election”.In his Guardian interview, Lindell said: “I have a first amendment right. These defamation cases are damaging free speech – people are afraid to speak out, to come forward with anything.”Protect Democracy countered that the first amendment does not provide blanket protection for mendacity. “It does not protect those who knowingly spread lies that destroy reputations and lives,” Goodman said.Nina Jankowicz, an expert on disinformation, also rejects the idea that the first amendment shields reckless falsehoods. She is suing Fox News for what she claims were the “vitriolic lies” the channel spread about her in 2022 in her role as head of a newly created federal unit combatting misinformation.Jankowicz resigned from the Disinformation Governance Board, which was also disbanded, barely three weeks into the job. Her defamation complaint quotes the former Fox News star Tucker Carlson calling her a “moron” on air and labelling her unit “the new Soviet America”.Jankowicz said she took the decision to sue because she could see no other route to correct the public record. If there was a free speech component, she said, it was that her rights had been violated, not those of Fox News.“Their intention was to silence me, just as the defamation of election workers in Georgia was designed to silence them. That’s pretty un-American.”Fox has moved to have Jankowicz’s case dismissed, arguing that she has failed to meet the actual malice standard. A ruling is expected soon.The billion-dollar question is: can it work? Can the strategy of deploying defamation as a deterrent force denialists to think twice before they embark on renewed election subversion in 2024?Jankowicz, despite pressing ahead with her own libel suit, remains skeptical. “I haven’t seen any change in how these rumors and outright lies are being spread yet, and I do worry for 2024,” she said.She added that change would only come “when we see more big settlements, or juries siding with plaintiffs”.Parties accused of peddling anti-democratic lies certainly remain vociferous. The Gateway Pundit, the far-right website which Protect Democracy is suing for having published the same falsehoods as Giuliani about the Georgia poll workers, has used the lawsuit as a fundraising tool.Lindell said that he would never be silenced, and continued to insist that his statements about Dominion’s rigging of the 2020 election were “truths”. “I will continue to tell the truth, nothing’s going to stop me from speaking out. I’m not scared,” he said.There are though tentative signs of a shift in behavior. The far-right channel One America News backtracked on its lies about the Georgia poll workers last year after having settled its defamation suit with Freeman and Moss. Since then the outlet has been dropped by several major cable providers.In the wake of the huge defamation settlement between Fox and Dominion, Dinesh D’Souza and Trump himself complained that Fox News refused to give air time to 2000 Mules.Goodman is optimistic that defamation suits can help shore up the US’s shaken democratic norms. “This is about accountability as a way of ensuring that our democracy can get back on track,” she said. More

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      Ukraine MP linked to Rudy Giuliani charged with colluding with Russia

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      Ukrainian authorities have arrested a controversial MP who was at the heart of efforts by Rudy Giuliani to dig up compromising material about Joe Biden, and placed him in pre-trial detention.Oleksandr Dubinsky, 42, is accused of collusion with Russia and of spreading “fake” information about Ukraine’s political and military leadership, in particular related to his claims about supposed Ukrainian interference in US political processes.Ukrainian authorities announced the charges on Monday, and on Tuesday Dubinsky appeared in court in Kyiv, in a closed session.Later, the politician himself published a video on his Telegram account saying he had been sent to pre-trial detention for 60 days. He faces up to 15 years in jail if found guilty.Dubinsky was elected as an MP from president Volodymyr Zelenskiy’s Servant of the People party in 2019, but he was later kicked out of the party, accused of insubordination.Ukraine’s SBU intelligence service said on Monday it had arrested an MP on suspicion of treason, and said the suspect had allegedly been “conducting information and subversive activities in favour of Russia”.Former MP Andriy Derkach, and former prosecutor Kostiantyn Kulych, are also accused of being part of the network. Both are believed to be in hiding outside Ukraine.“The main task of this organisation was to take advantage of the tense political situation in Ukraine and discredit our state in the international arena,” the SBU statement said.“For this, the group received money from Russian military intelligence. This financing amounted to more than $10m [£8m].”.In late 2019, as impeachment charges against Donald Trump were being drafted, Dubinsky and Derkach held a series of press conferences in Kyiv, claiming they had uncovered corruption at a Ukrainian company where Biden’s son Hunter had previously sat on the board of directors.Giuliani, who was then the president’s personal lawyer, travelled to Ukraine and met Dubinsky and Derkach. Giuliani was looking for material that would exonerate Trump over allegations he had pressed Zelenskiy to launch an investigation into the Bidens and Ukraine. Giuliani also hoped to uncover evidence of corruption by the Bidens.In 2020, US authorities claimed Derkach had been an “active Russian agent” for more than a decade.In 2021, the US placed Dubinsky on a sanctions list, accusing him of working as part of a “Russia-linked foreign influence network” and of trying to undermine Biden’s 2020 election campaign. After the US designation, Dubinsky was kicked out of Zelenskiy’s party but continued to work as an MP.Dubinsky has long been considered a close ally of Ihor Kolomoisky, a billionaire oligarch who was a strong backer of Zelenskiy before his run for the presidency. Kolomoisky was arrested earlier this year on suspicion of fraud and money laundering.Dubinsky has denied all the charges and said evidence presented in the prosecution’s case was either falsified or obtained under pressure.“What is happening now is a simple matter. Political persecution for criticising the authorities, which I have been doing throughout my parliamentary career,” Dubinsky said in another video. More

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      Top Trump allies facing charges lose lawyers after failing to pay legal bills

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      A trio of top Donald Trump allies who have racked up huge legal expenses to defend themselves from either criminal charges, convictions or defamation lawsuits have lost key lawyers for failing to pay six- and seven-figure bills in a sign of the huge legal problems they face.The hefty legal bills of the ex-Trump adviser Steve Bannon, former Trump lawyer Rudy Giuliani and MyPillow CEO, Mike Lindell, underscore the scale of the criminal and civil charges that ensnare them.Welcome to the escalating legal and financial headaches plaguing three of the former US president’s top loyalists who pushed various false claims about his 2020 election loss to Joe Biden that helped provide cover for Trump’s election falsehoods.The list of legal woes is long.Bannon has a court appeal slated for November over his criminal conviction last year and pending four-month jail sentence for obstructing Congress by spurning a subpoena from the House panel that was investigating the January 6 insurrection.Bannon also faces a trial next May in New York related to state fraud, conspiracy and money-laundering charges that he bilked donors in a Mexican wall project, dubbed “We Build the Wall.”Meanwhile, Giuliani was charged in August with 13 criminal counts in Georgia by the Fulton county district attorney, Fani Willis, who also charged Trump and 17 others as part of a conspiracy to thwart Trump’s 2020 loss there. Pressures on Giuliani escalated in October when three other ex-Trump lawyers he worked with in varying ways agreed to plead guilty and cooperate with prosecutors.Further, Lindell is fighting $2bn defamation lawsuits by electronic voting machine firms he has claimed helped rig the 2020 against Trump, which have cost him millions of dollars in legal fees owed to a Minneapolis law firm.In October, the law firm formally asked a court to allow it to withdraw from representing Lindell in these cases, citing millions of dollars it was owed.On another legal front, a top lawyer for Bannon and Giuliani has ditched them and filed big claims for monies owed. Robert Costello and his firm, which has represented both Giuliani and Bannon, have filed separate claims against the duo, respectively, for $1.4m and $480,000.A court judgment has been issued against Bannon for the $480,000, which he is fighting with the help of lawyer Harlan Protass. It is unclear when and how much Giuliani may pay Costello and his firm. But a legal source familiar with Giuliani’s seven-figure debt faults Trump not Giuliani for the unpaid bill, claiming that Trump at a meeting with Costello and Giuliani earlier this year in Florida said he would “take care of” Giuliani’s legal bill.On top of their past-due legal bills, Giuliani and Bannon now are also locked in other high-stakes legal battles.In Georgia, Giuliani’s legal situation seems to have become more perilous: lawyers Jenna Ellis, Kenneth Chesebro and Sidney Powell who worked in varying ways with Giuliani as he pushed false claims in Georgia and elsewhere about Trump’s loss, pleaded guilty in October, and agreed to cooperate with Willis’s officeGiuliani has called his indictment a “travesty”, but ex-prosecutors say that he faces new pressures in the wake of other Trump lawyers’ plea deals.“As expected, the dominoes have started to fall in Georgia with three plea agreements by key Trump lawyers who in different ways worked with Rudy,” Paul Pelletier, the ex-acting chief of the fraud section at the justice department, told the Guardian.“Rudy too may want to plead and cooperate to reduce his exposure, but no prosecutor in their right mind would use him as a cooperating witness. There’s simply no way to undo the entrenched legacy of his outlandish behavior.”Other ex-prosecutors concur that Giuliani’s credentials as a witness are tarnished.“Rudy’s under huge pressure, but he’s unlikely to flip because that would be the rational thing to do,” ex-prosecutor Paul Rosenzweig told the Guardian.Still some justice department veterans say Giuliani may try to cut a deal.“Giuliani must be concerned that Powell and Ellis will testify against him and add to the likelihood of conviction,” said Barbara McQuade, a former US attorney for eastern Michigan, told the Guardian. “It may not be in Giuliani’s DNA to admit wrongdoing, but now would be the time to pursue a deal from Fani Willis if he is willing to plead guilty.”Giuliani reportedly has not been offered a plea deal so far, and Giuliani’s spokesman has nixed the idea of accepting one.In another blow in Georgia, Giuliani was found liable in August for making defamatory comments about two Georgia election workers, and later ordered to pay their legal fees and turn over evidence to them.Further, the voting technology firm Smartmatic in August skewered Giuliani in court filings, charging him with making up “excuse after excuse” to avoid handing over documents in its $2.7bn defamation lawsuit against him, Fox News, and others who pushed lies about the 2020 election results.skip past newsletter promotionafter newsletter promotionDespite his mounting problems, Giuliani has kept some longtime allies. John Catsimatidis, the billionaire owner of WABC radio, where Giuliani has a daily radio program, told the Guardian that Giuliani “earns good money with us. He gets paid monthly.” Catsimatidis added that: “I pray he’s found innocent.”Although Bannon’s legal problems differ, they are just as intense, if not more so.The combative Trump ally, known for his far-right War Room podcast, was convicted last year and sentenced to four months in jail for obstruction of Congress by flouting subpoenas to cooperate with the House January 6 panel.Bannon appealed the conviction and a court hearing is slated for November.Although Judge Carl Nichols, in granting Bannon an appeal of his conviction, left the door open to a possible reversal or new trial, ex-prosecutors do not think Bannon’s conviction is likely to be reversed.“I think Bannon‘s conviction is on very solid ground,” McQuade told the Guardian. “He failed to even appear when subpoenaed by Congress. If he thought he had a good faith basis for a testimonial privilege, the way to assert it would have been to show up and answer all other questions, and to assert the privilege on a question-by-question basis. He failed to do even that.“Moreover, because he was not an executive branch employee during the relevant time period, his claims of executive privilege are flimsy to nonexistent.”Other ex-prosecutors are dubious that Bannon’s appeal will succeed.“Even though Judge Nichols said Bannon’s appeal was serious, it is not. Bannon has almost no chance of overturning his conviction. He’s manifestly guilty,” Rosenzweig told the Guardian.Separately, Bannon is due to stand trial next May on New York state charges that he defrauded donors to his non-profit “We Build the Wall” project, which already has led to three pleas or convictions of Bannon associates.Bannon’s trial will be in the same court in Manhattan that ruled he owed Costello’s law firm $480,000. His lawyer is slated to be Protass, who is appealing the court’s fee decision against Bannon which he has called “clearly wrong”.Bannon has pleaded not guilty to the charges of defrauding donors.Right before Trump left office in early 2021 he pardoned Bannon, who had been indicted on similar federal fraud charges for his role in “We Build the Wall”.Notwithstanding his mounting legal threats, Bannon remains an aggressive and busy Trump ally. In October, he used his War Room podcast to host some of Trump’s most far-right Maga allies like the Florida representative Matt Gaetz, who played a key role in ousting the former House speaker Kevin McCarthy.Some ex-Republican congressmen view Bannon as a disruptive, pro-Trump political force. “Bannon always struck me as a leader of the nihilist wing of the GOP coalition,” ex-Republican congressman Charlie Dent told the Guardian. “His intervention with the speaker’s race was clearly a problem and advanced Trump’s interest in the House.”“He’s like Trump: all grievances, all the time.” More

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      Kevin McCarthy’s historic ouster as US House speaker was a tragedy foretold

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      “In the past, those who foolishly sought power by riding the back of the tiger ended up inside.” These words, delivered at the US Capitol by president John F Kennedy in his 1961 inaugural address, seemed particularly apt on Tuesday.Kevin McCarthy’s ousting as speaker of the House of Representatives was a personal tragedy foretold. The first seeds of destruction had been planted when, days after declaring Donald Trump responsible for the January 6 insurrection, McCarthy went grovelling at Trump’s Mar-a-Lago estate in Florida and made his pact with the devil.Then came last year’s midterm elections when, thanks to Trump’s assault on democracy and his rightwing supreme court’s assault on abortion rights, Republicans underperformed and squeezed out only a narrow majority, handing extremists a huge influence.The power-hungry McCarthy was elected speaker after an epic 15 rounds of voting and, minutes later, publicly paid tribute to Trump for working the phones to help him secure victory. But he had cut a deal with the far right that would come back to bite him, including rules that made it easier to challenge his leadership.McCarthy then spent nine months trying to govern an ungovernable party, described by former Barack Obama strategist David Axelrod as the “Lord of the Flies caucus”. As the Democratic minority leader Hakeem Jeffries has noted, the House Republican caucus is in a state of civil war.It is further proof that the political consultant Rick Wilson was on to something when he wrote a book titled Everything Trump Touches Dies. After sneaking a win in the electoral college in 2016 while losing the national popular vote, Trump has repeatedly been a grim reaper for his party’s fortunes in 2018, 2020 and 2022.The toadies who have shown extreme loyalty to Trump have usually regretted it. His fixer Michael Cohen went to prison. His vice-president, Mike Pence, could have been hanged on January 6 and is now condemned to the purgatory of explaining to half-empty rooms why he should be president. Rudy Giuliani, Mark Meadows and other January 6 co-conspirators face possible jail time.Now McCarthy, who purported to be restraining Trump’s worst impulses, has become the first speaker of the US House in history to be forced out of the job. Trump did nothing to spare him the humiliation. McCarthy destroyed any hope of being rescued by Democrats by announcing a baseless impeachment inquiry into Joe Biden and blaming them for trying to shut down the government.Maxwell Frost, a Democratic congressman from Florida, wrote on X, the platform formerly known as Twitter: “The Speaker did this to himself by lying to both Democrats AND Republicans. Speaker McCarthy will go down in history as the weakest Speaker in the history of our country.”No one who has been following US politics in the self-destructive, nihilistic, eat-one’s-own age of Trump will be surprised by Tuesday’s events. Words such as “historic” or “unprecedented” will have to be retired. There is no obvious heir apparent.The Lincoln Project, an anti-Trump group, summed it up: “The Republican party of Trump cannot govern at any level; The Maga parasite is eating them alive. There will be a reckoning for the GOP as the next Speaker will be even more of a Maga apologist because that’s what the party demands. No one is coming to the rescue who has the courage to tell the truth, only cowards who hide behind the chaos and pretend to look busy.”It is a recipe for more days or perhaps weeks of inertia in Congress, which instead of tackling social inequality or supporting Ukraine will be consumed with factional infighting. America’s long march of democratic decay continues. More

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      in Elections

      Ex-Trump aide Cassidy Hutchinson claims Rudy Giuliani groped her on January 6

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      Cassidy Hutchinson, the former Trump aide turned crucial January 6 witness, says in a new book that she was groped by Rudy Giuliani, who was “like a wolf closing in on its prey”, on the day of the attack on the Capitol.Describing meeting with Giuliani backstage at Donald Trump’s speech near the White House before his supporters marched on Congress in an attempt to overturn the 2020 election, Hutchinson says the former New York mayor turned Trump lawyer put his hand “under my blazer, then my skirt”.“I feel his frozen fingers trail up my thigh,” she writes. “He tilts his chin up. The whites of his eyes look jaundiced. My eyes dart to [Trump adviser] John Eastman, who flashes a leering grin.“I fight against the tension in my muscles and recoil from Rudy’s grip … filled with rage, I storm through the tent, on yet another quest for Mark.”Mark Meadows, Trump’s final chief of staff, was Hutchinson’s White House boss. Hutchinson’s memoir, Enough, describes her journey from Trump supporter to disenchantment, and her role as a key witness for the House January 6 committee. It will be published in the US next Tuesday. The Guardian obtained a copy.Since Trump left office, Giuliani has landed in extraordinary legal and financial trouble. Like Trump, Giuliani has pleaded not guilty to 13 criminal racketeering and conspiracy charges in Georgia, over attempted election subversion. Giuliani was also found liable for defamation of two Georgia election workers. The Washington DC Bar Association has recommended he be disbarred.Struggling to pay his legal expenses, his luxury New York apartment up for sale, and Giuliani also faces a $1.3m lawsuit from his own lawyer, seeking unpaid fees, and a $10m suit from a former personal assistant. In that suit, Giuliani is accused of offences including abuse of power, wage theft, sexual assault and harassment.A representative for Giuliani did not immediately respond to a Guardian request for comment about Hutchinson’s description of her interaction with the former mayor.Describing the events on January 6, the deadly culmination of Trump’s attempt to overturn his defeat by Joe Biden, Hutchinson writes that she “experience[d] anger, bewilderment, and a creeping sense of dread that something really horrible [was] going to happen”.“I find Rudy in the back of the tent with, among others, John Eastman,” she continues. “The corners of his mouth split into a Cheshire cat smile. Waving a stack of documents, he moves towards me, like a wolf closing in on its prey.“‘We have the evidence. It’s all here. We’re going to pull this off.’ Rudy wraps one arm around my body, closing the space that was separating us. I feel his stack of documents press into the small of my back. I lower my eyes and watch his free hand reach for the hem of my blazer.“‘By the way,’ he says, fingering the fabric, ‘I’m loving this leather jacket on you.’ His hand slips under my blazer, then my skirt,” Hutchinson writes.
      Information and support for anyone affected by rape or sexual abuse is available from the following organizations. In the US, Rainn offers support on 800-656-4673. In the UK, Rape Crisis offers support on 0808 500 2222. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html More

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      in US Politics

      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

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      Rudy Giuliani ‘mob scene’ turned Elon Musk off seeking advice, new book says

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      Elon Musk backed away from a plan to recruit Rudy Giuliani as a political fixer to help him turn PayPal into a bank in 2001 after he and an associate found the then New York mayor “surrounded by goonish confidantes” in an office that felt “like a mob scene”.“This guy occupies a different planet,” Musk, who would become the world’s richest man, said of Giuliani, then approaching the peak of his fame.Giuliani left office at the end of 2001 after leading New York through the 9/11 attacks, then ran for the Republican nomination for president in 2008, a campaign which soon collapsed.He became an attorney and ally to Donald Trump but missed out on a cabinet appointment when Trump won the presidency in 2016.Trump’s first impeachment was fueled by Giuliani’s work in Ukraine, seeking political dirt on opponents. Now 79, Giuliani has pleaded not guilty to 13 criminal charges of racketeering and conspiracy, regarding his work to advance Trump’s attempt to overturn the 2020 election in Georgia.The irony of the former mayor and New York US attorney being indicted on charges often used against figures in organised crime has been widely remarked. As a prosecutor, Giuliani made his name chasing down mafia kingpins.The latest picture of Giuliani as gangster is included in Elon Musk, a new biography of the 52-year-old Tesla, SpaceX and X (formerly Twitter) owner and sometime world’s richest man, by Walter Isaacson, whose other subjects include Leonardo Da Vinci and Steve Jobs.Isaacson’s book was widely excerpted in the US media before publication on Tuesday.The brief meeting between Musk and Giuliani came about, Isaacson writes, as Musk sought to turn PayPal, the online payments company he co-founded, into “a social network that would disrupt the whole banking industry” – a vision he now harbours for Twitter, which he bought in October 2022 and renamed as X this year.“We have to decide whether we are going to aim big,” Musk told those who worked for him, Isaacson writes, adding that some “believed Musk’s framing was flawed”.Describing stymied attempts to rebrand, Isaacson writes: “Focus groups showed that the name X.com … conjured up visions of a seedy site you would not talk about in polite company. But Musk was unwavering and remains so to this day.”Such discussions, Isaacson reports, led Musk and an investor, Michael Moritz, to go to New York, “to see if they could recruit Rudy Giuliani, who was just ending his tenure as mayor, to be a political fixer and guide them through the policy intricacies of being a bank.skip past newsletter promotionafter newsletter promotion“But as soon as they walked into his office, they knew it would not work.“It was like walking into a mob scene,” Moritz says. Giuliani “was surrounded by goonish confidantes. He didn’t have any idea whatsoever about Silicon Valley, but he and his henchmen were eager to line their pockets.”“They asked for 10% of the company, and that was the end of the meeting. ‘This guy occupies a different planet,’ Musk told Moritz.”Giuliani succeeded in lining his pockets after leaving city hall, making millions as a lawyer and consultant and giving paid speeches around the world.That picture has also changed. Faced with spiraling legal costs arising from his work for Trump and other cases including a $10m lawsuit from a former associate who alleges sexual assault, lawyers for Giuliani have said he is struggling to pay his bills. In New York, his luxury apartment was put up for sale. More

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      Giuliani says Trump ‘really, really upset’ by conviction of ex-White House adviser

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      Donald Trump was “really, really upset” when he learned that his former White House adviser Peter Navarro had been convicted of contempt of Congress, according to the ex-president’s close ally Rudy Giuliani.“This one really got to me,” Giuliani – the former New York City mayor and Trump attorney – said Friday on the far-right media outlet Newsmax. “I was with former president Trump when we found out about it [on Thursday], and I’ve got to tell you, he was really, really upset about it.”Giuliani told the Newsmax host Eric Bolling that pending criminal charges against him and Trump were “one thing” – but it was different to see “your family, your friends, the people working for you” to get in similar trouble.“I mean, this is absurd,” Giuliani said.Navarro served as a senior trade adviser during Trump’s presidency. Congress subpoenaed him in February 2022 to face questioning about why Trump supporters attacked the US Capitol on 6 January 2021, temporarily delaying certification of Joe Biden’s victory during the previous year’s presidential election.A House committee investigating the attack suspected Navarro had more information about any connection between claims of voter fraud that Trump allies had pushed and the assault on the Capitol. But Navarro did not surrender any emails, reports or notes, and he refused to testify.On Thursday, he was found guilty of two misdemeanor counts of contempt of Congress, both punishable by up to a year behind bars. Navarro’s sentencing has tentatively been scheduled for 12 January.Giuliani alluded in passing to “executive privilege” on Friday when discussing Navarro’s conviction on Newsmax, which is generally a friendly environment for Trump and his allies.Among other remarks, he also acknowledged that Navarro’s conviction had him worried as he grappled with charges filed against him by Georgia prosecutors who accuse him of trying to help Trump illegally overturn Biden’s electoral victory in that state in 2020.“Am I concerned? Of course I am,” Giuliani said to Bolling when asked about the criminal case being pursued by the Fulton county district attorney, Fani Willis.Giuliani and Trump have pleaded not guilty to the charges brought against them by Willis. The pair were among 19 people named in a sprawling, 41-count indictment accusing them of conspiring to thwart the will of Georgia’s voters who had selected the Democratic victor Biden over his Republican rival Trump.At his golf club in Bedminster, New Jersey, Trump on Thursday night hosted a $100,000-a-plate fundraiser meant to help Giuliani pay his legal bills, the Associated Press reported.Willis’s case against Giuliani, Trump and their co-defendants isn’t the only reason the ex-New York City mayor’s legal bills are piling up. A federal judge held him liable in August in a lawsuit brought by two Georgia election workers who say they were falsely accused of fraud.Giuliani could ultimately be compelled to pay significant damages to the election workers, in addition to the tens of thousands in court and lawyers’ fees for which he’s already on the hook, according to the AP.The charges in Georgia against Trump are contained in one of four criminal indictments filed against him this year. The others charge him for his retention of classified documents after leaving the White House, hush-money payments to the adult film star Stormy Daniels and other efforts to forcibly nullify his defeat to Biden.Trump has denied all wrongdoing and maintains significant leads in national and key state polling of candidates seeking the 2024 Republican presidential nomination. More