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      in US Politics

      Donald Trump’s ‘sex and bribes’ data protection case rejected by UK court

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      Donald Trump’s data protection claim for damages over allegations in the “Steele dossier” that he took part in “perverted” sex acts and gave bribes to Russian officials has been dismissed by a high court judge in London.Mrs Justice Steyn agreed with Orbis Business Intelligence, the company founded by the former British intelligence officer Christopher Steele, who compiled the contentious material, that the case should not go to trial.The ruling issued on Thursday said the court did not “consider or determine the accuracy or inaccuracy of the memoranda” but found that Trump’s claim for damages had been made outside the six-year period of “limitations”.The court ruled that Trump “has no reasonable grounds for bringing a claim for compensation or damages, and no real prospect of successfully obtaining such a remedy”.It added that the “only other remedy claimed was for a compliance order erasing or restricting processing of the memoranda” but that this would be “pointless, and unnecessary, in circumstances where the dossier was freely available on the internet, and the defendant had in any event undertaken to delete the copies it held”.The former US president, who is the frontrunner in the race to be the Republican candidate in this year’s election, had indicated he was willing to give evidence at the high court in the case alleging breach of data protection rights by Orbis Business Intelligence over the 2016 “Steele dossier”.The report, investigating Russian efforts to influence the 2016 US presidential campaign, was compiled by Steele, who previously ran MI6’s Russia desk, and then published by BuzzFeed in 2017.The document included allegations that Trump had hired sex workers to urinate on each other in the presidential suite of a hotel in Moscow, and took part in sex parties in St Petersburg. He denies the claims.Trump’s lawyer, Hugh Tomlinson KC, had told the court his client knew he had the legal responsibility to prove the allegations were false and that he intended “to discharge his burden by giving evidence in this court”.Orbis was successful in arguing that the claim had been brought too late.Trump’s campaign spokesperson, Steven Cheung, said: “The high court in London has found that there was not even an attempt by Christopher Steele, or his group, to justify or try to prove, which they absolutely cannot, their false and defamatory allegations in the fake ‘dossier’.“The high court also found that there was processing, utilisation, of those false statements. President Trump will continue to fight for the truth and against falsehoods such as ones promulgated by Steele and his cohorts.” More

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      in US Politics

      From Germany to Israel, it’s ‘the will of the people’ v the rule of law. Which will win? | Paul Taylor

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      The will of the people expressed in free elections and the rule of law upheld by independent courts are two of the pillars of a liberal democracy, or so we were taught at school. Yet these two core principles keep colliding in increasingly polarised societies from Washington to London, Paris to Berlin and Warsaw to Jerusalem, with populist politicians demanding that “the will of the people” override the constitution, treaties or the separation of powers.It is vital for the long-term health of democracy that the judges prevail. If politicians are able to break or bend fundamental legal principles to suit the mood of the moment, the future of freedom and human rights is in danger.In the United States, the supreme court will soon rule on whether Donald Trump should be allowed to run again for president after having encouraged and condoned the storming of the Capitol by his supporters on 6 January 2021 in a violent attempt to prevent Congress certifying the election of Joe Biden as his successor. Two states, Colorado and Maine, have barred him from the ballot.The 14th amendment of the constitution, adopted right after the civil war, states that no person shall “hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath (…) to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”.If the court applies the constitution literally, it’s hard to see how it can let Trump stand in November’s election, even though he may not be found guilty by a court over the insurrection. However, to deny the runaway favourite for the Republican nomination a chance to regain the White House would ignite a firestorm of outrage among his supporters, and perhaps a wider sense of a denial of democracy.Even some Trump-haters contend that it would be wiser for him to be defeated in an election than prevented by judges from running for office. The fact that the supreme court is dominated by conservative justices appointed by Trump and his Republican predecessors might not be enough to convince millions of Americans that they were robbed of a free vote.The same kind of issue has arisen repeatedly in the UK, where the high court ruled in 2016 that even after the Brexit referendum, the government still required the assent of parliament to give notice of Britain’s intention to leave the European Union. The Daily Mail infamously branded those judges “enemies of the people”. In 2019, the supreme court overruled Boris Johnson’s proroguing of parliament, and more recently it ruled unanimously that Rwanda was not a safe country to send people seeking asylum in Britain. Each time, populist politicians denounced what they call “rule by judges” and vowed to find ways to limit their powers.Of course, it is politically inconvenient when judges tell a government, or a parliament, that it is acting illegally or unconstitutionally, but it is an essential safeguard of our democracy that those rulings be respected and implemented faithfully.While Britain lacks a written constitution and is governed by a mixture of laws and informal conventions, its courts are bound to uphold the European Convention on Human Rights, to which the UK is a founding signatory, and the jurisprudence of the European court of human rights that derives from it.View image in fullscreenIn France, the constitutional council last week struck down substantial parts of an immigration law passed by parliament last month. Les sages (the wise persons) annulled more than a third of the measures, including provisions that would have obliged parliament to set annual immigration quotas, discriminated between French nationals and foreigners, and between working and non-working foreigners in entitlement to welfare benefits, and denied automatic citizenship to French-born children of foreign nationals.Emmanuel Macron had referred the law to the council as soon as the conservative opposition forced his minority government to accept a severe toughening of its original bill, drawing charges of hypocrisy since his party voted for the legislation knowing that parts of it were likely to be ruled unconstitutional.As expected, the council’s ruling was denounced as a “legal coup” against the will of parliament and the people by mainstream conservative Republicans and Marine Le Pen’s hard-right National Rally, who demanded that the constitution be changed to permit a referendum on immigration quotas. But amending the constitution is a lengthy process that requires both houses of parliament to adopt identical wording and then a three-fifths majority at a special congress of both houses. Don’t hold your breath.In Germany, the federal constitutional court ruled last year that the government’s attempt to divert money left over in an off-budget special fund for Covid-19 recovery for investment in the country’s green energy transition was unconstitutional. The ruling has left the chancellor, Olaf Scholz, with a massive hole in his budget that the government is struggling to fill.skip past newsletter promotionafter newsletter promotionThe court decision has prompted the beginnings of a sensible debate on amending a constitutional debt brake enacted during the global financial crisis in 2009, which severely restricts budget deficits except in times of emergency. At least no one in Germany has branded the justices “enemies of the people” or demanded their heads on pikes.In Israel, an attempt by Benjamin Netanyahu’s hard-right government to curb the independent supreme court’s right to interpret quasi-constitutional basic laws to overrule government decisions and appointments and to reject legislation passed by the single-chamber parliament caused months of civil unrest last year.Netanyahu, who is on trial on corruption charges and seeks to exert political control over judicial appointments, argued that the will of the people should prevail over an unelected judiciary. Far-right members of his government contend that Jewish religious law should trump the basic law anyway. The supreme court this month overturned a law that would have prevented it using the principle of “reasonableness” to quash government decisions.In Poland, a democratically elected nationalist government defied the EU to dismantle the independence of the judiciary by packing the constitutional court and prosecutors’ offices with loyalists and creating a politically controlled body to discipline judges for their rulings. Now a pro-European government is trying to reverse the damage wrought by its predecessors, but faces accusations of violating the rule of law itself by ignoring the packed court’s rulings.The common thread in all these different situations is that in a democracy, the will of the people is not and should not be absolute and unconstrained by law. Perdition that way lies.
      Paul Taylor is a senior fellow of the Friends of Europe thinktank

      Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here. More

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      in Elections

      Houthis vow retaliation for US and UK airstrikes – video

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      A Houthi military spokesperson says overnight strikes by the US and UK, in response to the movement’s attacks on ships in the Red Sea, will not go without ‘punishment or retaliation’.

      Yahya Sarea said the strikes had killed five Houthi fighters and wounded six others, and that the group would continue to target ships headed for Israel in response to the country’s war on Gaza.

      The US and the UK said steps had been taken to minimise civilian casualties, partly by attacking at night, but it was unclear initially what damage had been done on the ground and the impact on the Houthi and civilian populations More

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      in US Politics

      Beware the ‘botshit’: why generative AI is such a real and imminent threat to the way we live | André Spicer

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      During 2023, the shape of politics to come appeared in a video. In it, Hillary Clinton – the former Democratic party presidential candidate and secretary of state – says: “You know, people might be surprised to hear me saying this, but I actually like Ron DeSantis a lot. Yeah, I know. I’d say he’s just the kind of guy this country needs.”It seems odd that Clinton would warmly endorse a Republican presidential hopeful. And it is. Further investigations found the video was produced using generative artificial intelligence (AI).The Clinton video is only one small example of how generative AI could profoundly reshape politics in the near future. Experts have pointed out the consequences for elections. These include the possibility of false information being created at little or no cost and highly personalised advertising being produced to manipulate voters. The results could be so-called “October surprises” – ie a piece of news that breaks just before the US elections in November, where misinformation is circulated and there is insufficient time to refute it – and the generation of misleading information about electoral administration, such as where polling stations are.Concerns about the impact of generative AI on elections have become urgent as we enter a year in which billions of people across the planet will vote. During 2024, it is projected that there will be elections in Taiwan, India, Russia, South Africa, Mexico, Iran, Pakistan, Indonesia, the European Union, the US and the UK. Many of these elections will not determine just the future of nation states; they will also shape how we tackle global challenges such as geopolitical tensions and the climate crisis. It is likely that each of these elections will be influenced by new generative AI technologies in the same way the elections of the 2010s were shaped by social media.While politicians spent millions harnessing the power of social media to shape elections during the 2010s, generative AI effectively reduces the cost of producing empty and misleading information to zero. This is particularly concerning because during the past decade, we have witnessed the role that so-called “bullshit” can play in politics. In a short book on the topic, the late Princeton philosopher Harry Frankfurt defined bullshit specifically as speech intended to persuade without regard to the truth. Throughout the 2010s this appeared to become an increasingly common practice among political leaders. With the rise of generative AI and technologies such as ChatGPT, we could see the rise of a phenomenon my colleagues and I label “botshit”.In a recent paper, Tim Hannigan, Ian McCarthy and I sought to understand what exactly botshit is and how it works. It is well known that generative AI technologies such as ChatGPT can produce what are called “hallucinations”. This is because generative AI answers questions by making statistically informed guesses. Often these guesses are correct, but sometimes they are wildly off. The result can be artificially generated “hallucinations” that bear little relationship to reality, such as explanations or images that seem superficially plausible, but aren’t actually the correct answer to whatever the question was.Humans might use untrue material created by generative AI in an uncritical and thoughtless way. And that could make it harder for people to know what is true and false in the world. In some cases, these risks might be relatively low, for example if generative AI were used for a task that was not very important (such as to come up with some ideas for a birthday party speech), or if the truth of the output were easily verifiable using another source (such as when did the battle of Waterloo happen). The real problems arise when the outputs of generative AI have important consequences and the outputs can’t easily be verified.If AI-produced hallucinations are used to answer important but difficult to verify questions, such as the state of the economy or the war in Ukraine, there is a real danger it could create an environment where some people start to make important voting decisions based on an entirely illusory universe of information. There is a danger that voters could end up living in generated online realities that are based on a toxic mixture of AI hallucinations and political expediency.Although AI technologies pose dangers, there are measures that could be taken to limit them. Technology companies could continue to use watermarking, which allows users to easily identify AI-generated content. They could also ensure AIs are trained on authoritative information sources. Journalists could take extra precautions to avoid covering AI-generated stories during an election cycle. Political parties could develop policies to prevent the use of deceptive AI-generated information. Most importantly, voters could exercise their critical judgment by reality-checking important pieces of information they are unsure about.The rise of generative AI has already started to fundamentally change many professions and industries. Politics is likely to be at the forefront of this change. The Brookings Institution points out that there are many positive ways generative AI could be used in politics. But at the moment its negative uses are most obvious, and more likely to affect us imminently. It is vital we strive to ensure that generative AI is used for beneficial purposes and does not simply lead to more botshit.
      André Spicer is professor of organisational behaviour at the Bayes Business School at City, University of London. He is the author of the book Business Bullshit More

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      in US Politics

      2024: what happens when US and UK elections collide? – podcast

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      There are big election years and then there is 2024. In the US that means a full primary season in which Donald Trump looks set to be confirmed as the Republican party’s presidential nominee before an election expected to be an extremely tight re-run of the race in 2020. Meanwhile in the UK, polls show Labour is favourite to return to power after an absence from government of 14 years. But as Jonathan Freedland tells Michael Safi, nothing is predictable – and even more so when these elections collide. This last happened in 1992, when John Major held on as prime minister in the UK and Bill Clinton came to power in the US. But much has changed since then: now candidates must contend with a wild west of social media as well as the new influence of AI-assisted disinformation campaigns. That and an increasingly polarised electorate and economies still reeling from the Covid crisis. If there is one certainty it’s this: it won’t be boring. More

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      in US Politics

      Joe Biden signals he has no interest in signing US-UK trade agreement

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      Ministers have given up on signing a trade agreement with the US before the next election, after the Biden administration signalled it had no interest in agreeing one.British officials had been hoping to agree a “foundational trade partnership” before both countries head to the polls in the next 12 months, having already decided not to pursue a full-blown free trade agreement.However, sources briefed on the talks say they are no longer taking place, thanks to reluctance among senior Democrats to open US markets to more foreign-made goods. The story was first revealed by Politico.A British government spokesperson said: “The UK and US are rapidly expanding cooperation on a range of vital economic and trade issues building on the Atlantic declaration announced earlier this year.” Multiple sources, however, confirmed the foundational trade partnership was no longer on the table.Vote Leave campaigners said giving the UK the freedom to sign bilateral trade agreements with other countries would be one of the biggest benefits of Brexit, with a US trade deal often held up as the biggest prize of all.Talks over a free trade agreement stalled early on, however, thanks in part to resistance from Democratic members of Congress and concerns in the UK about opening up UK markets to chlorine-washed chicken and hormone-injected beef.Earlier this year, the Guardian saw documents outlining how Washington and London could instead coordinate over a partnership covering digital trade, labour protections and agriculture. The deal would not have included lower barriers for service companies, meaning it fell short of a fully fledged free trade deal, but could have paved the way for one in the future.skip past newsletter promotionafter newsletter promotionSources say the deal was always likely to prove difficult to finalise, in part because the US still wanted greater access for their agricultural products. The prime minister, Rishi Sunak, said at a food security summit earlier this year that he would not allow either chlorine-washed chicken or hormone-injected beef into the UK.It also became clear in recent weeks that the Biden administration had no interest in signing any kind of a deal before the election, given how Donald Trump had weaponised international trade agreements during his first run for president.A spokesperson for Ron Wyden, the Democratic chair of the Senate finance committee, told Politico: “It is Senator Wyden’s view that the United States and United Kingdom should not make announcements until a deal that benefits Americans is achievable.” More

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      in US Politics

      Alexandria Ocasio-Cortez and Marjorie Taylor Greene unite in push to free Julian Assange

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      Maga Republican and fierce Trump supporter Marjorie Taylor Greene and leftwing Democratic firebrand Alexandria Ocasio-Cortez have found common ground in freeing Australian WikiLeaks founder Julian Assange.The pair are among 16 members of the US Congress who have written directly to president Joe Biden urging the United States to drop its extradition attempts against Assange and halt any prosecutorial proceedings immediately.The group warns continuing the pursuit of Assange risks America’s bilateral relationship with Australia.“It is the duty of journalists to seek out sources, including documentary evidence, in order to report to the public on the activities of the government,” the letter to Biden, first reported by Nine newspapers, states.“The United States must not pursue an unnecessary prosecution that risks criminalising common journalistic practices and thus chilling the work of the free press. We urge you to ensure that this case be brought to a close in as timely a manner as possible.”Assange remains in Belmarsh prison in London as he fights a US attempt to extradite him to face charges – including under the Espionage Act. The charges are in connection with the publication of hundreds of thousands of leaked documents about the Afghanistan and Iraq wars, as well as diplomatic cables, in 2010 and 2011.
      Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup
      In September, a cross-party delegation of Australian MPs, which included former deputy prime minister Barnaby Joyce, teal independent Monique Ryan, Greens senators David Shoebridge and Peter Whish-Wilson, conservative Alex Antic and Labor’s Tony Zappia, travelled to America to meet with US representatives over Assange’s case.The group hoped to gain support from American lawmakers in their bid to have the pursuit of Assange dropped ahead of Anthony Albanese’s official visit to Washington.Since coming to power, the Albanese government has been more forward than its predecessors in pushing for Assange’s freedom, but so far the Biden government has rebuffed the calls.skip past newsletter promotionafter newsletter promotionAlbanese confirmed he raised Assange’s case again during his meeting with Biden at the White House last month, but Assange’s brother, Gabriel Shipton, urged the Australian government to increase the pressure.Shipton told Guardian Australia: “If this government can get back Cheng Lei from China, why is he so impotent when it comes to Julian and the USA?”With Assange’s avenues for legal appeal against the US extradition diminishing, his supporters fear for his life. More

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      in US Politics

      A written constitution won’t right Britain’s wrongs | Letters

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      Gavin Esler (Here’s the key question about Britain in 2023: why do we put up with this rubbish?, 25 October) makes some good points, but his implication that we should have a written constitution, as the US does, should be resisted. There’s no more pernicious element in American life than the country’s practically irreformable constitution. Made for a slave-owning gentry republic (not a modern democracy), the constitution sports an electoral college that can, and does, overturn democratically elected majorities – often in cahoots with the supreme court, one of the world’s most nakedly political courts (and we complain about Hungary and Poland).The US constitution makes it impossible to legislate for firearms control and periodically allows an irresponsible legislature to threaten the dissolution of all federal government by withholding the revenue needed for the armed forces and civil servants. The US constitution is an affliction that Americans must bear. Let’s not have one. George Baugh Much Wenlock, Shropshire Gavin Esler says that ours is an antiquated democratic system. How can it be described as democratic at all when we have an unelected head of state, an unelected second chamber, a voting system that gives huge majorities in parliament with less than 50% of the vote?In addition, we have three different sorts of devolution to the three smallest parts of the UK and no effective devolution to the much larger regions of England. Dr Ken Hughes Hale Barns, Greater Manchester Gavin Esler’s article poses the questions “why are things so … shit?” and how it is that Liz Truss, Chris Grayling and others seem to repeatedly fail upwards? Esler proposes constitutional change as the solution. There is a much swifter alternative. Don’t vote for people who don’t use public transport. Don’t vote for people who don’t send their children to local schools. Don’t vote for people who don’t use the NHS. Don’t vote for people without links to your local community. Forget constitutional change. Politics can be that simple. Peter Riddle Wirksworth, Derbyshire Gavin Esler’s excellent article identifies the first necessary step in halting our prolonged descent into dysfunction and despair. This age-old decline will not be reversed without grasping the nettle of constitutional reform. How Keir Starmer can be so blind as to claim electoral reform especially is “not a priority” beggars belief. Dr Robert HercliffeLee-on-the-Solent, Hampshire Gavin Esler has it right. Almost every democratic country in the world except the UK has a written contract between its people and their government: a constitution. No sane person would agree to buy a house or a car from a salesman who said that there was no need for a written contract and that “their word was their bond”. And yet most British citizens seem happy to accept that situation with regards to their country. While there are plenty of other challenges facing the UK right now, a written constitution, created by the people, would go some way to resolving much of the dissembling, lying and corruption that are now endemic in our political system. It’s long past time to boot the dodgy car salesmen out of Westminster. Stephen Psallidas Newcastle upon Tyne More