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    How Alan Dershowitz Became a Force in Clemency Grants

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentLatest UpdatesWhere Each Senator StandsTimelineHow the House VotedHow the Trial Will UnfoldAdvertisementContinue reading the main storySupported byContinue reading the main storyUsing Connections to Trump, Dershowitz Became Force in Clemency GrantsThe lawyer Alan M. Dershowitz, who represented the former president in his first impeachment trial, used his access for a wide array of clients as they sought pardons or commutations.Alan M. Dershowitz had substantial influence with the White House as President Donald J. Trump decided who should benefit from his pardon powers.Credit…Erin Schaff/The New York TimesKenneth P. Vogel and Feb. 8, 2021Updated 7:30 p.m. ETWASHINGTON — By the time George Nader pleaded guilty last year to possessing child pornography and sex trafficking a minor, his once strong alliances in President Donald J. Trump’s inner circle had been eroded by his cooperation with the special counsel’s investigation into Mr. Trump’s team and its connections to Russia.So as Mr. Nader sought to fight the charges and reduce his potential prison time, he turned to a lawyer with a deep reservoir of good will with the president and a penchant for taking unpopular, headline-grabbing cases: Alan M. Dershowitz.Mr. Dershowitz told Mr. Nader’s allies that he had reached out to an official in the Trump administration and one in the Israeli government to try to assess whether they would support a plan for Mr. Nader to be freed from United States custody in order to resume a behind-the-scenes role in Middle East peace talks, and whether Mr. Trump might consider commuting his 10-year sentence.Mr. Dershowitz helped craft a proposal — which Mr. Nader’s allies believed he was floating at the White House in the final days of the Trump presidency — for Mr. Nader to immediately “self-deport” after his release from a Virginia jail. Under the plan, Mr. Nader would board a private plane provided by the United Arab Emirates to return to the Gulf state, where he holds citizenship and has served as a close adviser to the powerful crown prince.Given the nature of Mr. Nader’s crimes and his cooperation with the Russia investigation, his bid for clemency was a long shot that did not work out. But Mr. Dershowitz’s willingness to pull a range of levers to try to free him shows why he emerged as a highly sought-after and often influential intermediary as Mr. Trump decided who would benefit from his pardon powers.Many of Mr. Dershowitz’s clients got what they wanted before Mr. Trump left office, an examination by The New York Times found. The lawyer played a role in at least 12 clemency grants, including two pardons, which wipe out convictions, and 10 commutations, which reduce prison sentences, while also helping to win a temporary reprieve from sanctions for an Israeli mining billionaire.His role highlighted how Mr. Trump’s transactional approach to governing created opportunities for allies like Mr. Dershowitz — an 82-year-old self-described “liberal Democrat” who defended the president on television and in his first impeachment trial — to use the perception that they were gatekeepers to cash in, raise their profiles, help their clients or pursue their own agendas.Mr. Dershowitz received dozens of phone calls from people seeking to enlist him in clemency efforts. The cases in which he did assist came through family members of convicts, defense lawyers enlisting him because they thought he could help their court cases as well as their clemency pushes and Orthodox Jewish prisoners’ groups with which he has long worked.In a series of interviews, Mr. Dershowitz — who in a career spanning more than half a century has represented a roster of tabloid-magnet clients accused of heinous acts, including O.J. Simpson and Jeffrey Epstein — cast his defense of Mr. Trump and his clemency efforts as a natural extension of his work defending individual rights against a justice system that could be harsh and unfair. “I’m just not a fixer or an influence peddler,” he said.Mr. Dershowitz said his efforts on behalf of Mr. Nader reflected “a multifaceted approach to these problems. So I don’t separate out diplomacy, legality, courts, executive, Justice Department — they’re all part of what I do.”He said that “the idea that I would ever, ever ingratiate myself to a president in order to be able to advertise myself as a person that could get commutations is just totally false and defamatory.”Among those Mr. Dershowitz sought to help was George Nader, a figure in the special counsel’s Russia investigation who pleaded guilty to possessing child pornography and sex trafficking a minor.Credit…C-SPAN, via Associated PressHe acknowledged, though, that his relationship with Mr. Trump increased interest in his services, and potentially his effectiveness.“Of course I’m not surprised that people would call me because they thought that the president thought well of me,” Mr. Dershowitz said. “If somebody is seeking a pardon from Clinton, you’re not going to go to somebody who is a friend of Jerry Falwell. You’re going to go to somebody who is a Democrat. That’s the way the system works.”He said he had agonized over cases in which he had failed to persuade Mr. Trump, including that of a federal death row inmate he had represented who was executed in December.Still, Mr. Dershowitz had an outsize influence over how Mr. Trump deployed one of the most profound unilateral powers of the presidency, including:Commutations to three people on whose behalf he personally lobbied Mr. Trump after working on their cases with Jewish prisoners’ rights groups. They included two New York real estate investors who had been convicted of defrauding more than 250 investors out of $23 million and a former executive at a kosher meatpacking plant who was convicted in 2009 of bank fraud.Commutations to several people who received long sentences at trial after turning down shorter sentences in plea deals offered by prosecutors, an outcome known as the trial penalty, against which Mr. Dershowitz has long crusaded. A commutation for a New Jersey man who was sentenced in 2013 to 24 years in prison for charges related to a Ponzi-style real estate scheme that caused $200 million in losses. Pardons to two conservative political figures, the author Dinesh D’Souza and the former vice-presidential aide I. Lewis Libby Jr., and a commutation to the former Illinois governor Rod R. Blagojevich. Mr. Dershowitz did not work on their cases, but he recommended clemency grants when Mr. Trump asked his opinion.It is difficult to determine how much money the work brought Mr. Dershowitz.Mr. Dershowitz, an emeritus professor at Harvard Law School who described himself as semiretired, said more than half of his clemency work was pro bono, and most of it was done on behalf of pre-existing clients. When he was paid, it was at an hourly rate in line with the fees charged by senior partners at law firms, Mr. Dershowitz said.In one case, he was paid by the family of Jonathan Braun, whose 10-year sentence for drug smuggling was commuted by Mr. Trump in his final hours in office. But after The Times reported that Mr. Braun had a history of violence and threatening people, Mr. Dershowitz said he donated the fees to charity.Mr. Dershowitz emerged as a favorite of Mr. Trump’s after he publicly criticized the Russia investigation.Credit…Pete Marovich for The New York TimesBut Mr. Dershowitz — who volunteered examples of Mr. Trump seeking his advice while in the next breath protesting that he was “not a Trump supporter” and had no more influence with Mr. Trump than with past presidents — obtained something that his defenders and detractors alike described as especially important to him: renewed political relevance and an increased reputation as a power player, particularly in the Jewish community.Mr. Dershowitz emerged as a favorite of Mr. Trump from his early days in office as a result of his criticism of the investigation being carried out by the special counsel, Robert S. Mueller III.Mr. Dershowitz, an ardent supporter of Israel, was invited to the White House in 2017 for two days of private talks about a Middle East peace plan being assembled by Mr. Trump, his son-in-law Jared Kushner and other officials.Mr. Dershowitz was invited back to the White House last year, when Mr. Trump unveiled the peace plan, and for a Hanukkah party in 2019 where Mr. Trump signed an executive order Mr. Dershowitz had helped draft targeting anti-Semitism on college campuses.The week after the Hanukkah party in 2019, Mr. Dershowitz attended a Christmas Eve dinner at the president’s Mar-a-Lago resort, where he said Mr. Trump lobbied him to join his impeachment legal defense team. Mr. Dershowitz said he decided to join as a matter of principle and noted that he had also consulted with President Bill Clinton’s legal team during his impeachment.Mr. Dershowitz acknowledged taking advantage of his access to push for clemency grants, starting with the invitation to the White House for talks about the Middle East peace plan. He used the opportunity to urge Mr. Trump to grant clemency to Sholom Rubashkin, the kosher meatpacking executive convicted in 2009.Sholom Rubashkin, a former kosher meatpacking executive, was convicted of bank fraud in 2009. Mr. Dershowitz pressed Mr. Trump to commute his 27-year prison sentence. Credit…Matthew Putney/The Waterloo Courier, via Associated PressMr. Rubashkin’s case had become a cause in Orthodox Jewish circles, and Mr. Dershowitz had worked on it on a pro bono basis. A few months after Mr. Dershowitz made the case to Mr. Trump in the White House, Mr. Rubashkin was free.That outcome emboldened a network of activists and groups supporting prisoners’ rights, social service and clemency, including some associated with Orthodox Jewish leaders.Mr. Dershowitz and a Jewish group with which he has worked closely, the Aleph Institute, were central players in the network. As word spread of their successes, they were inundated with requests from prisoners and their families, including many Orthodox Jews. Late last year, Mr. Trump called Mr. Dershowitz to ask about clemency grants he was advocating on a pro bono basis with the Aleph Institute for Mark A. Shapiro and Irving Stitsky, the New York real estate investors convicted in the $23 million fraud. Mr. Dershowitz cast the cases as emblematic of the trial penalty.Mr. Dershowitz had written op-eds in Newsweek and The Wall Street Journal denouncing the trial penalty and citing unnamed cases. One matched the details of Mr. Shapiro and Mr. Stitsky, who were each sentenced to 85 years in prison after they turned down plea agreements of less than 10 years. Mr. Dershowitz said one or both of the articles had circulated in the White House, and Mr. Trump had asked him about the trial penalty.“He was very interested” in the penalty, Mr. Dershowitz said, and also “the concept of the pardon power being more than just clemency, but being part of the system of checks and balances for excessive legislative or judicial actions.”Mr. Stitsky had no prior relationship with Mr. Trump. But last year, friends of Mr. Stitsky helped retain a Long Island law and lobbying firm, Gerstman Schwartz, that did. One of the firm’s partners had parlayed previous New York public relations work for Mr. Trump into a new Washington lobbying business after he became president.And Mr. Stitsky’s new lawyers also tapped into the pardon-seeking network by working with both Mr. Dershowitz and the Aleph Institute.Mr. Trump commuted the sentences of Mr. Shapiro and Mr. Stitsky.In another case championed by Mr. Dershowitz and the Aleph Institute, Mr. Trump commuted the 20-year sentence of Ronen Nahmani, an Israeli-born Florida man convicted in 2015 of selling synthetic marijuana. The appeal to the White House, which Mr. Dershowitz helped devise, included an assurance that Mr. Nahmani would leave the country and never return — a framework that Mr. Dershowitz said served as a model for Mr. Nader’s case.Mr. Dershowitz at the White House last year, before Prime Minister Benjamin Netanyahu of Israel visited Mr. Trump.Credit…Alyssa Schukar for The New York TimesMr. Dershowitz was enlisted to help Mr. Nader by Joey Allaham, a Syrian-born New York restaurateur and businessman, who paid Mr. Dershowitz to consult on Middle East issues, including working with Mr. Nader.After Mr. Nader was arrested in 2019, Mr. Allaham connected Mr. Dershowitz to Mr. Nader’s criminal defense lawyer, Jonathan S. Jeffress, who paid Mr. Dershowitz at an hourly rate.Mr. Nader’s team grew to include the lobbyist Robert Stryk, who filed a disclosure statement saying he was working to win a presidential commutation, and the lawyer Robin Rathmell, who filed a clemency petition at the Justice Department citing Mr. Nader’s help to the United States in Middle East relations. Mr. Nader’s allies had also used that argument in the early 1990s in an effort to win a reduced sentence when he pleaded guilty to a different child pornography charge.Mr. Dershowitz said he thought it would help Mr. Nader’s current case if the American, Israeli and Emirati governments would vouch for his assistance to the United States in the region, and if Mr. Nader would pledge to leave the country upon his release.Mr. Dershowitz told Mr. Nader’s allies that he made one call last year to a Trump administration official who handled Middle East policy and who was discouraging about the idea. He also called Ron Dermer, the Israeli ambassador to the United States, who was noncommittal. After that, Mr. Dershowitz said, he shifted his efforts on behalf of Mr. Nader to focus almost exclusively on his fight to reduce his sentence in the courts.“That was 99 percent of the effort,” Mr. Dershowitz said, “because the clemency effort directed at commutation was always so uphill considering the nature of the crime that it was never realistic.”Mr. Nader’s allies had a different impression of Mr. Dershowitz’s efforts.“We understood that Mr. Dershowitz was seeking clemency on behalf of Mr. Nader,” Mr. Jeffress said, “and that he was rejected for the sole reason that Mr. Nader had cooperated in the Mueller investigation.”Nicholas Confessore More

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    Manafort Can't Be Prosecuted After Trump Pardon, New York Court Rules

    AdvertisementContinue reading the main storySupported byContinue reading the main storyManafort Can’t Be Prosecuted in New York After Trump Pardon, Court RulesThe Court of Appeals let stand a lower-court ruling that the Manhattan district attorney’s prosecution of Paul Manafort was barred by the double jeopardy rule.Mr. Manafort was serving a sentence of seven and a half years in federal prison after being convicted at a 2018 financial fraud trial.Credit…Jefferson Siegel for The New York TimesFeb. 8, 2021Updated 6:52 p.m. ETThe Manhattan district attorney’s attempt to prosecute former President Donald Trump’s 2016 campaign chairman was dealt a final blow when New York’s highest court said quietly last week it would not review lower court rulings on the case.The court’s decision brings to an end the district attorney’s quest to ensure that the campaign chairman, Paul J. Manafort, will face state charges for mortgage fraud and other state felonies, crimes similar to those for which he was convicted in federal court and then pardoned by Mr. Trump.When the district attorney, Cyrus R. Vance Jr., a Democrat, first brought charges against Mr. Manafort in March 2019, it was widely understood that he was doing so to make sure that Mr. Manafort would face prosecution even if Mr. Trump decided to pardon him.At the time, Mr. Manafort was serving a sentence of seven and a half years in a Pennsylvania federal prison after being convicted at a 2018 financial fraud trial by prosecutors working for the special counsel Robert S. Mueller III.In October, a New York appeals court found that Mr. Vance’s efforts to try Mr. Manafort violated the state’s double jeopardy law. Mr. Vance took the case to the Court of Appeals.Then, in December, Mr. Trump did pardon Mr. Manafort, 71, who had been released to home confinement in Northern Virginia, after his lawyers argued that he was at risk of contracting the coronavirus.A lawyer for Mr. Manafort, Todd Blanche, said that he had received the high court’s one-paragraph decision Monday and that he was happy with the ruling. “Mr. Manafort is similarly pleased with the result,” he said.A spokesman for Mr. Vance’s office declined to comment.The charges that Mr. Vance brought against Mr. Manafort were the result of an investigation, started in 2017, into loans the campaign chairman had received. Mr. Vance ultimately accused Mr. Manafort of having falsified business records in order to obtain the loans.At the time, Mr. Vance said that Mr. Manafort had not “been held accountable” for the charges at hand. But in a ruling in December 2019, a judge threw out the charges, finding that they violated the double jeopardy law, which says a defendant cannot be tried twice for the same offense.The judge, Justice Maxwell Wiley, said at the time that “the law of double jeopardy in New York State provides a very narrow window for prosecution.”Mr. Vance’s office has taken action against other associates of Mr. Trump whom the former president has pardoned in federal cases. Last week, The New York Times reported that Manhattan prosecutors had opened an investigation against Stephen K. Bannon, a former White House strategist who was pardoned by Mr. Trump during the president’s final hours in office.But the double jeopardy defense is unlikely to help Mr. Bannon in the same way it helped Mr. Manafort, because Mr. Bannon had not yet been tried, let alone convicted.“The basis for the prosecution being improper doesn’t in any way apply to Mr. Bannon as far as I can tell,” Mr. Blanche said.While the U.S. Constitution bars being tried twice for the same crime, the Supreme Court has long held that there is one exception: Federal and state prosecutions for the same conduct are allowed because the federal government and states are understood to be independent sovereigns. In 2019, the court affirmed that exception.That year, the state legislature in New York passed a measure that lawmakers argued was necessary in order to check Mr. Trump’s pardon power and to ensure that his associates were not permitted to escape justice. The law, signed by Gov. Andrew M. Cuomo in October 2019, allows state prosecutors to pursue charges against individuals who have been granted presidential pardons for similar crimes.State Senator Todd Kaminsky, a Democrat and former federal prosecutor who sponsored the bill, said that the Manafort case drove home the need for the legislation.“It really underscored why we had to take legislative action that we did so that states can pursue their own path even if there is a federal pardon,” he said. The law would make it easier for state prosecutors to pursue those on Mr. Trump’s pardon list.The law passed too late to apply to Mr. Manafort’s case. The result, Mr. Kaminsky said, was that Mr. Vance’s office had to contort itself to try to show that the acts that Mr. Manafort had been charged with in federal court were not the same as those they were pursuing. It is possible, though unlikely, that Mr. Manafort may still face federal charges. Last month, Andrew Weissmann, a former prosecutor from the special counsel’s office, argued that the wording of Mr. Trump’s pardons had been “oddly” drafted. Rather than relieving those who had been pardoned from all potential liability for their actions, Mr. Weissmann argued, the language only narrowly covered their convictions. In Mr. Manafort’s case, that might leave the door open to new charges, including on crimes that Mr. Manafort admitted he was guilty of as part of a plea deal. Those include 10 counts of financial crimes, as well as other offenses.William K. Rashbaum contributed reporting.AdvertisementContinue reading the main story More

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    Biden Administration Urged to Drop Julian Assange Case

    AdvertisementContinue reading the main storySupported byContinue reading the main storyCivil-Liberties Groups Ask Biden Justice Dept. to Drop Julian Assange CaseA Friday deadline in the London extradition case may force the Biden administration to decide whether to keep pursuing a Trump-era policy.The Trump administration had sought to have the WikiLeaks founder Julian Assange extradited to the United States to face a trial on potentially precedent-setting Espionage Act charges.Credit…Matt Dunham/Associated PressFeb. 8, 2021Updated 3:58 p.m. ETWASHINGTON — A coalition of civil liberties and human rights groups urged the Biden administration on Monday to drop efforts to extradite the WikiLeaks founder Julian Assange from Britain and prosecute him, calling the Trump-era case against him “a grave threat to press freedom.”The coalition sent a letter urging a change in course before a Friday deadline for the Justice Department to file a brief in a London court. American prosecutors are due to explain in detail their decision — formally lodged on Jan. 19, the last full day of the Trump administration — to appeal a ruling blocking their request to extradite Mr. Assange.The litigation deadline may force the new administration to confront a decision: whether to press on with the Trump-era approach to Mr. Assange, or to instead drop the matter.Democrats like the new Biden team are no fan of Mr. Assange, whose publication in 2016 of Democratic emails stolen by Russia aided Donald J. Trump’s narrow victory over Hillary Clinton. But the charges center instead on his 2010 publication of American military and diplomatic documents leaked by Chelsea Manning, and they raise profound First Amendment issues.“The indictment of Mr. Assange threatens press freedom because much of the conduct described in the indictment is conduct that journalists engage in routinely — and that they must engage in in order to do the work the public needs them to do,” the letter said, adding: “News organizations frequently and necessarily publish classified information in order to inform the public of matters of profound public significance.”The Freedom of the Press Foundation organized the letter. Other signers — about two dozen groups — included the American Civil Liberties Union, Amnesty International USA, the Center for Constitutional Rights, the Committee to Protect Journalists, Demand Progress, the Electronic Frontier Foundation, Human Rights Watch, the Knight First Amendment Institute at Columbia University, the Project on Government Oversight and Reporters Without Borders.“Most of the charges against Assange concern activities that are no different from those used by investigative journalists around the world every day,” Kenneth Roth, the executive director of Human Rights Watch, said in a separate statement. “President Biden should avoid setting a terrible precedent by criminalizing key tools of independent journalism that are essential for a healthy democracy.”For now, the Justice Department remains committed to appealing the denial of its request to extradite Mr. Assange, said Marc Raimondi, a spokesman for its National Security Division.The deadline to either continue working to extradite Mr. Assange by filing the brief or drop the matter reflects a common legal policy dilemma when a new administration takes over and confronts matters inherited from its predecessor. Newly installed officials face too many issues to make careful decisions on all at once, so some get punted.But litigation calendars can force early decisions about whether to proceed or shift direction in some cases. It is often easier to stay the course, based on an argument that the issue can be revisited later when there is more time. But once the new administration has started down that path, it owns the policy as a matter of political and bureaucratic reality and so can effectively get locked in.Complicating matters for making any decision to keep or jettison the Trump-era policy to go after Mr. Assange with criminal charges, the Biden administration’s intended leadership team is not yet in place at the Justice Department. The Senate has yet to confirm Mr. Biden’s nominee to be attorney general, Judge Merrick B. Garland.In the meantime, the department is being temporarily led by a caretaker career official, Monty Wilkinson, the acting attorney general to whom the letter was addressed.After Mr. Assange published the documents provided by Ms. Manning in 2010, the Obama administration engaged in extensive deliberations under Attorney General Eric H. Holder Jr. over whether to prosecute Mr. Assange but never charged him with a crime.By contrast, Ms. Manning, a low-level Army intelligence analyst who downloaded the archives of documents and sent them to WikiLeaks, was convicted at a court-martial trial in 2013 of leaking the documents and sentenced to 35 years in prison. President Barack Obama commuted most of the remainder of her sentence in 2017.But law enforcement officials under Mr. Obama shied away from bringing charges against Mr. Assange. They feared that there was no legally meaningful way to distinguish his actions from those of conventional investigative national-security journalism as practiced by mainstream news organizations like The New York Times. The Obama team did not want to create a precedent that could chill or cripple traditional journalism, according to people familiar with its deliberations.In March 2018, however, under Attorney General Jeff Sessions, the Trump Justice Department obtained a grand jury indictment against Mr. Assange. It initially sidestepped press freedom issues by narrowly accusing him of participating in a hacking-related criminal conspiracy with Ms. Manning, rather than focusing on his publication of government secrets.That indictment was unsealed in April 2019, when Mr. Assange was dragged out of the Ecuadorean Embassy in London and arrested. (He had taken refuge there in 2012, initially to avoid extradition to Sweden to face questions about sexual assault accusations, which he has denied. Sweden had rescinded its arrest warrant for Mr. Assange in 2017.)The Justice Department — by then under Attorney General William P. Barr — then obtained a superseding indictment expanding the charges against Mr. Assange to include allegations that his journalistic-style activities violated the Espionage Act. A second superseding indictment later added more allegations related to the notion of a hacking conspiracy.Notably, there is some overlap in personnel from earlier internal debates about the dilemma raised by Mr. Assange. The top national security official in the Trump Justice Department, John C. Demers, remains in place atop its National Security Division for now; the Biden transition asked him to temporarily stay on for continuity purposes even as most other Trump political appointees resigned.Mr. Demers’s predecessor from 2013 to 2016, John Carlin, has returned to the Justice Department and is currently serving as the acting deputy attorney general. Mr. Carlin’s predecessor, Lisa O. Monaco, who ran the National Security Division from 2011 to 2013, is Mr. Biden’s nominee to be deputy attorney general but has not yet been confirmed.The letter from the rights groups portrayed the Trump-era Justice Department’s decision to proceed against Mr. Assange as jeopardizing journalism “that is crucial to democracy” more broadly, and noted that the Trump administration had “positioned itself as an antagonist to the institution of a free and unfettered press in numerous ways.”They added: “We are deeply concerned about the way that a precedent created by prosecuting Assange could be leveraged — perhaps by a future administration — against publishers and journalists of all stripes.”Since the original indictment was unsealed, lawyers for Mr. Assange have fought the extradition request, arguing that the United States was prosecuting him for political reasons.A British judge in January largely rejected those arguments, holding that he had been charged “in good faith.” But she denied his extradition anyway — citing harsh conditions for security-related prisoners in American jails and the risk that Mr. Assange might be driven to commit suicide. It is that rationale that the brief due on Friday would appeal.Elian Peltier More

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    Michael Flynn Re-emerges Pushing QAnon, Stolen 2020 Election Lies

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyPushing QAnon and Stolen Election Lies, Flynn Re-emergesRecast by President Trump’s most ardent supporters as a MAGA martyr, Michael T. Flynn has embraced his role as the man who spent four years unjustly ensnared in the Russia investigation.Michael T. Flynn at the Dec. 12 rally in Washington to protest the presidential election.Credit…Jonathan Ernst/ReutersFeb. 6, 2021Updated 4:48 p.m. ETIn Washington’s respectable circles, Michael T. Flynn, the former national security adviser, is a discredited and dishonored ex-general, a once-esteemed military intelligence officer who went off the rails ideologically and then was fired a mere 24 days into the Trump administration for lying to the F.B.I. about contacts with the Russian ambassador.As if he cared.Where others see disgrace, Mr. Flynn, 62, has found redemption. Recast by former President Donald J. Trump’s most ardent supporters as a MAGA martyr, Mr. Flynn has embraced his role as the man who spent four years unjustly ensnared in the Russia investigation.He was one of the most extreme voices in Mr. Trump’s 77-day push to overturn the election, a campaign that will be under scrutiny as the former president’s second impeachment trial gets underway next week. Mr. Flynn went so far as to suggest using the military to rerun the vote in crucial battleground states. At one point, Mr. Trump even floated the idea of bringing Mr. Flynn back into the administration, as chief of staff or possibly F.B.I. director, people familiar with the conversations told The New York Times.And now, safely pardoned and free to speak his mind, Mr. Flynn has emerged from the Trump presidency much as he entered it — as the angry outsider who pushes fringe ideas, talks of shadowy conspiracies and is positioning himself as a voice of a far right that, in the wake of the Capitol riot, appears newly, and violently, emboldened.All that has changed for Mr. Flynn are the subjects at hand, and his apparent willingness to cash in on his notoriety.Mr. Flynn’s dark view of Islam and eagerness to cultivate President Vladimir V. Putin of Russia have given way to an embrace of QAnon, the pro-Trump conspiracy theory, and a readiness to question the very fabric of American democracy. He has swapped a government job and an obsessive focus on “radical Islamic terrorism” for selling QAnon-branded T-shirts and a new media partnership with conspiracy theorists called Digital Soldiers.Yet his underlying message remains much the same as it was back in 2016, when he was leading chants of “lock her up” at Trump rallies: Washington’s establishment is irredeemably corrupt, and real Americans — that is, supporters of himself and Mr. Trump — are wise to it.“This country is awake,” he declared at the pro-Trump rally in Washington last month. “We will not stand for a lie.”It was the night before a mob attacked the Capitol, and the crowd on hand in Washington’s Freedom Plaza — some of whom would take part in the coming violence — left little doubt about where Mr. Flynn stood.“We love you, we love you, we love you,” they chanted. None of the other speakers at the rally — a boldface-name collection of Trumpworld characters like Roger Stone and Alex Jones — got as enthusiastic a reception.With Mr. Trump now in his post-presidency at Mar-a-Lago, a loose coalition that draws together militia members and conspiracy theorists along with evangelical Christians and suburban Trump supporters is searching for direction. Call it the alt-truth movement, and if it is to coalesce into something more permanent, it may well be, at least in part, because figures like Mr. Flynn continue to push false claims of how a deep-state cabal stole the election.“In order for us to breathe the fresh air of liberty, we the people, we are the ones that will decide our path forward, America’s future forward,” he said at the Jan. 5 rally. “It may not be a Republican Party, it may not be a Democratic Party, it will be a people’s party.”Martial LawMr. Flynn, who did not respond to an interview request for this article, spent 33 years as an Army intelligence officer, earning a reputation for being outspoken and unconventional and, in the years that followed the Sept. 11 attacks, for being unusually good at unwinding terrorist networks.Much of that work involved mapping out loose webs of ideological fellow travelers, figuring out who gave voice to extremist ideas and who committed the violence — two groups that were not always directly tied to each other. If a similar attempt was made to map the network of people who spread Mr. Trump’s stolen-election lie that led to the storming of the Capitol, Mr. Flynn himself would probably appear as one of those leading voices for his part in riling up Mr. Trump’s supporters without taking part in the attack.Perhaps most responsible for Mr. Flynn’s re-emergence is the conspiracy-theorizing lawyer Sidney Powell. Ms. Powell took over his legal defense in the Russia investigation after he had twice pleaded guilty in a deal to cooperate with prosecutors, and charted a combative new path. She challenged the deal and, marshaling a small army of like-minded Twitter users, recast Mr. Flynn from a turncoat into a victim, a man who had taken the fall to save his son, who was also under investigation.Mr. Flynn with his son, Mike Flynn Jr., at Trump Tower in New York in 2016.Credit…Sam Hodgson for The New York TimesIt was the story of the Russia investigation as a malevolent plot that first began priming tens of millions of Americans to believe Mr. Trump’s conspiracy theories about the deep state. As one of the heroes of that narrative, Mr. Flynn became an ideal messenger when it was refashioned into the demonstrably false claim that Democrats and their deep-state allies had rigged the election.Within days of being pardoned on Nov. 27, Mr. Flynn began sharing those views in the right-wing media.In some appearances, he described himself as a marked man. “I gotta make sure I’m a moving target, because these son-of-a-guns, they’re after me, in a literal and a figurative sense,” he told listeners of “The Matrixxx Groove Show,” a QAnon podcast.In an interview with Newsmax, the conservative channel, he suggested Mr. Trump could impose martial law in swing states he had lost and rerun the elections.“People out there talk about martial law like it’s something that we’ve never done,” Mr. Flynn said. He noted that the military had taken over for civilian authorities dozens of times in American history, though he did not mention that it had never done so to help decide an election.The suggestion horrified many of Mr. Flynn’s former compatriots in uniform. Even discussing personal politics is frowned upon in the military, and most generals see it as their duty to stay above the political fray after retirement, as well. There have long been exceptions, of course, but to many who had served with Mr. Flynn, a retired general calling for the military to help decide an American election represented a new level of recklessness.“Mike, stop. Just stop. You are a former soldier,” Tony Thomas, a retired general who headed the Joint Special Operations Command, wrote on Twitter. Throughout his military career, in fact, all most of Mr. Flynn’s fellow soldiers had known about his politics was that he was a registered Democrat. Then came 2016, and the sight of a retired general leading chants for the imprisonment of Hillary Clinton, a former senator and secretary of state.When a number of generals privately and publicly urged him to dial back his support for Mr. Trump, Mr. Flynn called them “disrespectful.” If they could use their titles to get on corporate boards, he could use his to back Mr. Trump, he countered in an interview at the time, saying, “I care deeply about this country.”In any case, he said, he had never really been part of their club.‘Flynn Facts’Mr. Flynn has described his family as “definitely lower middle class,” and he joined the military without the West Point pedigree of many of his peers. He graduated instead from the Army’s Reserve Officer Training Program at the University of Rhode Island, a short drive from the town where he was raised.Yet he rose to be a lieutenant general, among the most respected military officers of his generation. He helped reshape the Joint Special Operations Command at the height of the war in Iraq, and ran military intelligence in Afghanistan during the Obama administration’s troop surge. In 2012, President Barack Obama named him director of the Defense Intelligence Agency.Mr. Flynn, the Obama administration’s director of the Defense Intelligence Agency, testing before Congress with James Clapper, then head of national intelligence.Credit…Christopher Gregory/The New York TimesThen his career unraveled. After only two years, he was forced out when his attempt to reform the sprawling agency left subordinates squabbling and his superiors alarmed.Mr. Flynn, though, claimed that he had been fired for refusing to toe the Obama administration’s line that Islamist militants were in retreat. His position was vindicated with the rise of the Islamic State, and Mr. Flynn quickly became something of a cult figure among conservatives for what they saw as his brave stand against the Obama administration’s perfidy..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.As his relentless focus on Islamist militancy intensified, his views veered hard to the right. He argued that militants posed a threat to the very existence of the United States, and at times crossed the line into outright Islamophobia, tweeting “fear of Muslims is RATIONAL.”In Mr. Trump, he found a presidential candidate who shared his dark and conspiratorial view of Islam.The similarities between the two men did not end there: Both shared a fondness for Twitter and often exhibited a loose relationship with the truth. When Mr. Flynn ran the D.I.A., his dubious assertions were so common that subordinates came up with a name for them: “Flynn facts.” (In January, he was among those banned from Twitter with Mr. Trump.)So it was no great stretch to see Mr. Flynn hurling conspiracy theories about an election that federal election-security experts considered among the best run on record, and for Mr. Trump to listen.Supporters gathered outside a sentencing hearing in Washington in 2018 after Mr. Flynn pleaded guilty to lying to the F.B.I. Credit…Saul Loeb/Agence France-Presse — Getty ImagesLast Dec. 18, Mr. Flynn participated in a raucous White House meeting in which Ms. Powell proposed that the president appoint her as a special counsel investigating voter fraud. Mr. Trump at one point also raised the idea of putting Mr. Flynn in charge of the F.B.I., and later suggested making him chief of staff for the final weeks of his administration, according to Trump and Flynn associates familiar with the conversations, all of whom spoke on the condition of anonymity to avoid angering either man.Whether the president was serious about either idea is an open question. But Mr. Flynn shot them down, saying he needed to focus on paying off millions of dollars in legal debts he had amassed fighting off the Russia investigation.Joining the FringeHis plan for paying those bills appears to rely on leveraging his public persona into cold, hard cash. There are the T-shirts and other merchandise, which he is selling through a company called Shirt Show USA. The website features shirts emblazoned with #FightLikeAFlynn and camo trucker hats with the emblem “WWG1WGA,” a reference to a popular QAnon motto, “Where we go one, we go all.”Then there is his new media venture, Digital Soldiers, which will publish reader-submitted stories. Mr. Flynn is building it with UncoverDC, a website that has pushed QAnon and conspiracy theories about the Covid-19 pandemic and President Biden.The tenor of Digital Soldiers is unmistakably QAnon, a movement centered on the claim that Mr. Trump, secretly aided by the military, was elected to smash a cabal of Democrats, international financiers and deep-state bureaucrats who worship Satan and abuse children. The supposed dishonesty of the mainstream media is central to QAnon, and Digital Soldiers — a phrase followers often use to describe themselves — represents Mr. Flynn’s fullest embrace of the movement to date.“Digital Soldiers from all over the world have stepped up to fill the void where real journalism once stood,” the website says.This past summer, Mr. Flynn posted a video of himself taking QAnon’s “digital soldier” oath. To many of the movement’s followers, Mr. Flynn ranks just below Mr. Trump. Some have speculated that he is the mysterious figure known as “Q,” the purported government insider with a high-level security clearance who began posting cryptic messages in 2017 about the deep state trying to destroy the president.Mr. Flynn posted a video of himself taking a QAnon oath this past summer.“They really take his word as gospel,” said Travis View, a close observer of the movement who hosts the podcast “QAnon Anonymous.” “In the mythology, they often say that he knows where the bodies are buried, and that’s why they tried to railroad him over Russia.”The phrase “digital soldiers” is drawn from a speech Mr. Flynn gave shortly after the 2016 election during which he inadvertently laid the groundwork for the conspiracy theory. He compared the Trump campaign to an insurgency — a theme that QAnon adherents would later adopt for themselves — with “an army of digital soldiers.”“This was irregular warfare at its finest — in politics,” he said.Among QAnon faithful, who believe that Mr. Trump and others use public statements to send secret signals, Mr. Flynn’s speech is considered something of a foundational text. And now, in naming his new media outlet Digital Soldiers, many believe he is sending them a message to carry on, even though Mr. Trump left office before the predicted apocalyptic showdown with his enemies — know as “the storm” — could come to pass.As one QAnon devotee noted in an IRC channel, a relatively dated online chat room technology favored by those particularly suspicious of possible surveillance, “If they kill or capture Trump, Flynn can still carry out the mission.”“The troops march to the beat of his drum,” wrote the user, who went by the screen name “specialist.”The plan, the user added, was “masterful.”Ken Vogel and Maggie Haberman contributed reporting.AdvertisementContinue reading the main story More

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    Senate Intelligence Committee to Examine Antigovernment Extremists

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storySenate Intelligence Committee to Examine Antigovernment ExtremistsSenator Mark Warner, the committee’s new chairman, said he hoped to lead a bipartisan investigation of the groups, their overseas ties and amplification of their message by foreign powers.Senator Mark Warner of Virginia said it was vitally important for the Senate Intelligence Committee to do a “significant dive” into antigovernment extremism in the United States.Credit…Anna Moneymaker for The New York TimesJulian E. Barnes and Feb. 4, 2021Updated 7:59 p.m. ETWASHINGTON — The Senate Intelligence Committee will examine the influence of Russia and other foreign powers on antigovernment extremist groups like the ones that helped mobilize the deadly attack on the Capitol last month, the panel’s new chairman said in an interview this week.As the executive branch undertakes a nationwide manhunt to hold members of the mob accountable, Senator Mark Warner, Democrat of Virgina, said it would be vitally important for the influential committee to do a “significant dive” into antigovernment extremism in the United States, the ties those groups have to organizations in Europe and Russia’s amplification of their message.With the power-sharing agreement between Democrats and Republicans in place, Mr. Warner took over this week as the chairman of the Senate Intelligence Committee, after four years as its vice chairman. In an interview on Wednesday, Mr. Warner outlined his priorities, such as the spread of disinformation, the rise of antigovernment extremist groups, Chinese domination of key technologies, Russia’s widespread hacking of government computer networks and strengthening watchdog protections in the intelligence agencies.The White House has ordered the Office of the Director of National Intelligence to work with the Department of Homeland Security and the F.B.I. on a new analysis of the threat from domestic extremist groups and the support they receive from foreign powers or overseas organizations.Those antigovernment extremists include QAnon, the conspiracy movement, and the Proud Boys, a far-right organization that Canada named as a terrorist group on Wednesday. Supporters of those groups and others were part of the attack on the Capitol building on Jan. 6, which aimed to stop the transfer of power to the Biden administration.The issue is a difficult one for the intelligence community. By law, the most influential agencies, including the C.I.A. and the National Security Agency, are not allowed to collect information domestically. But Avril D. Haines, the director of national intelligence, has some oversight of the intelligence arms of the F.B.I. and the Department of Homeland Security, which can collect information domestically. Other intelligence agencies look at foreign attempts to influence American groups.While preliminary work by Ms. Haines’s office is underway, administration officials said that analysis was unlikely to be completed before April. But there appears to be significant interest in moving quickly on the issue in the Senate. At Ms. Haines’s confirmation hearing last month, a number of lawmakers raised the subject of domestic extremist groups. The Senate Intelligence Committee will examine both white supremacist groups on the right, and antifascist, or antifa, groups on the left, though Mr. Warner was quick to say that the danger the groups posed was not the same. “I don’t want to make a false equivalency argument here,” he said, “because the vast preponderance of them are on the right.”Like the intelligence community, Mr. Warner’s panel could face its own jurisdictional challenges as a handful of other House and Senate groups jockey to play a role in studying the aftermath of the Capitol assault and congressional leaders contemplate setting up an independent commission.For the past four years, the committee has done extensive work on disinformation efforts. Mr. Warner said that experience could guide the panel as it looks at how extremists groups spread propaganda and how foreign powers amplify it.Unlike most corners of Capitol Hill, and unlike the House Intelligence Committee, Mr. Warner’s panel has managed to operate, for the most part, with bipartisan agreement. All but one senator on the committee backed its five-volume report on Russian interference. Completed last year, the Senate investigation was perhaps the definitive word on Moscow’s interference efforts and found that Russia had disrupted the 2016 election to help Donald J. Trump become president.Mr. Warner said on Wednesday that the bipartisan record of the committee was important for him to preserve, and that he intended to begin work with closed-door meetings to make the case to other committee members about the threat the groups represent and how they could be exploited by outside powers.Democrats and Republicans on the committee have expressed interest in examining antigovernment extremist groups, Mr. Warner said. But he acknowledged the political sensitivities after the Capitol attack and Mr. Trump’s support among far-right factions of those groups. Making the case that antigovernment groups are a problem not only in the United States but also in Europe is one way to build consensus on the issue. The committee, Mr. Warner said, will begin its discussions in private sessions so lawmakers can have a candid and less political conversation.Beyond an investigation of antigovernment extremism and foreign efforts to promote it, Mr. Warner said the committee would work on pushing for new protections for whistle-blowers and making it more difficult to dismiss inspectors general, government officials charged with finding waste, fraud and abuse..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Mr. Trump last year fired Michael K. Atkinson, the inspector general of the intelligence community. It was Mr. Atkinson who investigated the whistle-blower complaint about Mr. Trump’s call with his Ukrainian counterpart in 2019 and ultimately delivered that report to Congress.At Ms. Haines’s confirmation hearing last month, Mr. Warner began his questioning by describing how his own views on the Chinese government had changed, thoughts he repeated in his interview. He said he was wrong to have believed that China would democratize the more it was brought into the world order.“I will astonish you and acknowledge that directionally, Trump was right,” Mr. Warner said on Wednesday.Mr. Warner said he disagreed with John Ratcliffe, Mr. Trump’s final director of national intelligence, who had argued that China was trying to interfere with the election. But Mr. Warner said he believed China had “a very, very sophisticated effort to influence American policy.”The Senate committee will also look at Chinese technological investments, building on the work members of Congress have done on Beijing’s dominance of 5G, the next generation of mobile phone networks, Mr. Warner said. He said the United States needed to carefully assess its technology compared with China’s on artificial intelligence, facial recognition and quantum computing.Having a government role in bringing some manufacturing back to the United States from China was an area of bipartisan agreement, Mr. Warner said, mentioning Senator Tom Cotton, Republican of Arkansas and a member of the Intelligence Committee.“There is a coalition of the willing to take on the challenge of China,” Mr. Warner said. “China has taken the best lessons of British imperialism and American imperialism, and we find them in a kind of authoritarian capitalism model.”AdvertisementContinue reading the main story More

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    Kevin Clinesmith, Ex-F.B.I. Lawyer, Is Sentenced to Probation

    AdvertisementContinue reading the main storySupported byContinue reading the main storyEx-F.B.I. Lawyer Who Altered Email in Russia Case Is Sentenced to ProbationA judge rebuffed a request by prosecutors to impose a prison sentence on Kevin Clinesmith, who admitted doctoring an email used to help authorize a wiretap on a former Trump campaign aide.The F.B.I. headquarters in Washington. The judge overseeing the case against a former F.B.I. lawyer, Kevin Clinesmith, said the destruction of his career had already provided significant punishment.Credit…Stefani Reynolds for The New York TimesJan. 29, 2021Updated 6:45 p.m. ETA former F.B.I. lawyer who has admitted doctoring an email during preparations to seek renewed court permission to wiretap a former Trump campaign aide during the Russia investigation was sentenced on Friday to one year of probation and 400 hours of community service — but no prison time.Prosecutors led by John H. Durham, a special counsel scrutinizing the government’s actions in the Russia investigation, had asked the judge overseeing the high-profile case against the former F.B.I. lawyer, Kevin Clinesmith, to impose several months of prison time.But the judge, James E. Boasberg of the Federal District Court for the District of Columbia, said the destruction of Mr. Clinesmith’s career — and being vilified in a “media hurricane” — had already provided significant punishment and sent a deterrent message.“Anybody who has watched what Mr. Clinesmith has suffered is not someone who will readily act in that fashion,” Judge Boasberg said. “Weighing all of these factors together — both in terms of the damages he caused and what he has suffered and the positives in his own life — I believe a probationary sentence is appropriate here and will therefore impose it.”The surveillance of the former aide, Carter Page, in 2016 and 2017 was a minor part of the overall Russia investigation. But it has become a political flash point because the Justice Department’s inspector general uncovered numerous errors and omissions in its four court applications, flaws that President Donald J. Trump and his allies used as fodder in portraying the Russia inquiry as a plot by the so-called deep state.Mr. Clinesmith’s misdeed was the most egregious of the problems uncovered by the inspector general. In June 2017, as the F.B.I. was preparing to seek the final renewal of the order, an F.B.I. official who was going to sign a sworn description of the facts asked Mr. Clinesmith to seek clarity from the C.I.A. about whether Mr. Page was a source for the agency, as he had claimed.In fact, Mr. Page had spoken to the C.I.A. in the past about his interactions with Russian intelligence agents — a material fact that all four wiretap applications omitted, and that might have made him look less suspicious had the court been told about it. But Mr. Clinesmith inserted the words “and not a ‘source’” into a C.I.A. email and showed it to his colleague, which satisfied him and prevented the problem from coming to light internally.The inspector general referred Mr. Clinesmith for a criminal investigation, and the matter was assigned to Mr. Durham, a United States attorney from Connecticut whom the attorney general at the time, William P. Barr, had assigned to investigate the Russia investigation. The Clinesmith case is the only criminal prosecution Mr. Durham’s team has brought.When Mr. Clinesmith pleaded guilty last year to making a false statement, he acknowledged that he had intentionally altered the email and created a false record. But he also claimed that he did not intentionally mislead his colleague because at the time he believed the words he inserted were accurate. He had separately told his colleague by text that Mr. Page was not a C.I.A. source, but rather a subsource of someone else who had talked to the agency.In arguing for prison time on Friday, prosecutors suggested that Mr. Clinesmith’s explanation made no sense and that he must also have known he was misleading his colleagues, pointing to evidence that he wanted to avoid the F.B.I. having to explain to the court why it had omitted that fact of Mr. Page’s help to the C.I.A. from all the applications.But Judge Boasberg said that based on the record, he believed Mr. Clinesmith’s version.Judge Boasberg is also the chief judge of the Foreign Intelligence Surveillance Court, which handled the disputed wiretaps of Mr. Page, although he did not personally sign off on any of them. After the disclosures, Judge Boasberg ordered the F.B.I. to review all other wiretap cases Mr. Clinesmith had been involved with and the bureau adopted more stringent rules for its national security wiretap applications.Mr. Page spoke at the hearing, which was conducted by video and teleconference because of the pandemic. Mr. Page said he had been harmed by the invasion of his privacy and public knowledge that he was under scrutiny as part of the Russia investigation, including losing friendships and receiving death threats.Mr. Page emphasized that it became publicly known that he was being investigated as part of the inquiry into whether Trump associates had conspired with Russia in its 2016 election interference — which Mr. Page termed a “manufactured scandal.”Judge Boasberg later suggested that the intelligence court may well have approved the last wiretap extension even if it had been told about the C.I.A. issue, citing the numerous other flaws in the applications.Notably, Mr. Page did not ask Judge Boasberg to impose prison time on Mr. Clinesmith. He also volunteered to serve as a “friend of the court” in future surveillance court matters, citing his own civil liberties experiences as a target of surveillance since deemed improper. (The Justice Department has said it no longer believes the full range of evidence available to it by the final two extensions met legal standards to invade Mr. Page’s privacy.)Mr. Clinesmith also spoke, expressing contrition for what he portrayed as a failure of judgment and talking about the effect of losing his job and reputation. His list of apologies included one to his wife — who is pregnant with their first child — for the stress and loss of his $150,000 income, and one to the F.B.I. for bringing public opprobrium upon it and for the extra work colleagues had to do in remedial actions.“I apologize to everyone,” he said.AdvertisementContinue reading the main story More

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    In Trump’s Pardons, Disdain for Accountability

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    Election Results: Biden Wins

    Electoral College Votes

    Congress Defies Mob

    Georgia Runoff Results

    Democrats Win Senate Control

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    Has Trump's Reckoning Come Too Late?

    body{ overflow: hidden; } body.show{ overflow: auto; } .coverimg{ opacity: 0; } body.show .coverimg{ opacity: 1; transition: opacity 1s 0.25s ease-in-out; } .leadin{ opacity: 0; } body.show .leadin{ opacity: 1; transition: opacity 0.75s ease-in-out; } .desktop_only{ display:block; } .mobile_only{ display:none; } @media screen and (max-width: 720px){ .desktop_only{ display:none; } .mobile_only{ display:block; } } Finally the […] More