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      Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracy

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      Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracyJury convicts leader of rightwing group which supported Trump’s attempt to overturn 2020 election Stewart Rhodes, the founder of the rightwing Oath Keepers militia, has been found guilty of seditious conspiracy, a charge arising from the attack on the US Capitol by supporters of Donald Trump.Rhodes and co-defendant Kelly Meggs are the first people in nearly three decades to be found guilty of the rarely used civil war-era charge at trial. The trial was the biggest test yet for the US justice department in its efforts to hold accountable those responsible for the attack that shook the foundations of US democracy.US courts ruling in favor of justice department turns legal tide on TrumpRead moreOn social media, Harry Litman, a former US attorney turned legal analyst, said the guilty verdicts represented “a huge huge victory for the US [justice department] in a challenging and deeply important, even historic, case”.Rhodes is a Yale Law-educated former paratrooper and disbarred attorney. In an eight-week trial, he and four associates were accused of fomenting a plot to use force to stop Congress from certifying Joe Biden’s 2020 election victory.It was the most significant trial arising from the Capitol riot of 6 January 2021, which has been linked to nine deaths including suicides among law enforcement officers. A US district judge, Amit Mehta, presided. The 12-member jury deliberated for three days.Rhodes’ four co-defendants were Meggs, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell.Meggs was convicted of seditious conspiracy. Harrelson, Caldwell and Watkins were acquitted.During the trial, Watkins admitted impeding police officers, and apologized. All five defendants were convicted of obstruction of an official proceeding, with mixed verdicts on a handful of other charges. Rhodes was acquitted of two other conspiracy charges.Rhodes intends to appeal, defense attorney James Lee Bright told reporters. Another Rhodes lawyer, Ed Tarpley, described the verdict as a “mixed bag”, adding, “This is not a total victory for the government in any way, shape or form.”“We feel like we presented a case that showed through evidence and testimony that Mr Rhodes did not commit the crime of seditious conspiracy,” Tarpley said.Rhodes, who wears an eye patch after accidentally shooting himself in the face, was one of the most prominent defendants of around 900 charged so far in connection with the Capitol attack.He founded the Oath Keepers, whose members include current and retired military personnel, law enforcement officers and first responders, in 2009. Members have showed up, often heavily armed, at protests and political events including demonstrations following the May 2020 murder of George Floyd by a white police officer in Minneapolis.Prosecutors said Rhodes and his co-defendants planned to use force to stop Congress from certifying Biden’s win.Rhodes did not go inside the Capitol but was accused of leading the plot. Through recordings and encrypted messages, jurors heard how he rallied followers to fight to keep Trump in office, warned of a “bloody” civil war and expressed regret that the Oath Keepers did not bring rifles on 6 January.Meggs, Watkins and Harrelson entered the Capitol wearing tactical gear. The defendants were accused of creating a “quick reaction force” positioned at a Virginia hotel and equipped with firearms that could be quickly transported to Washington.Fifty witnesses testified. Rhodes and two others testified in their own defense. They denied plotting an attack or seeking to stop Congress from certifying results. Rhodes insisted that his followers who went inside went rogue.Prosecutors sought to paint Rhodes as a liar, showing him his own inflammatory text messages, videos, photos and recordings. These included Rhodes saying he could have hanged the House speaker, Nancy Pelosi, from a lamppost.Watkins, a transgender woman who fled the US army, and Caldwell, a disabled navy veteran, were the others who chose to testify.Watkins admitted “criminal liability” for impeding officers inside the Capitol but denied any plan to storm the building, instead describing being “swept up” in the moment, just as enthusiastic shoppers behave when they rush into stores to purchase discounted holiday gifts.Caldwell, who like Rhodes did not enter the Capitol, never formally joined the Oath Keepers. He tried to downplay inflammatory texts he sent in connection with the attack, saying some of the lines were adapted from or inspired by movies such as The Princess Bride or cartoons such as Bugs Bunny.Four other Oath Keepers members charged with seditious conspiracy are due to go to trial in December. Members of another rightwing group, the Proud Boys, including its former chairman Enrique Tarrio, also are due for trial on seditious conspiracy charges in December.TopicsUS Capitol attackUS politicsDonald TrumpUS crimeThe far rightnewsReuse this content More

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      US courts ruling in favor of justice department turns legal tide on Trump

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      US courts ruling in favor of justice department turns legal tide on TrumpThe ex-president’s supporters will no longer be able to avoid testifying before grand juries in Washington DC and Georgia A spate of major court rulings rejecting claims of executive privilege and other arguments by Donald Trump and his top allies are boosting investigations by the US justice department (DoJ) and a special Georgia grand jury into whether the former US president broke laws as he sought to overturn the 2020 election results.Justice department asks Pence to testify in Trump investigationRead moreFormer prosecutors say the upshot of these court rulings is that key Trump backers and ex-administration lawyers – such as ex-chief of staff Mark Meadows and legal adviser John Eastman – can no longer stave off testifying before grand juries in DC and Georgia. They are wanted for questioning about their knowledge of – or active roles in – Trump’s crusade to stop Joe Biden from taking office by leveling false charges of fraud.Due to a number of court decisions, Meadows, Eastman, Senator Lindsey Graham and others must testify before a special Georgia grand jury working with the Fulton county district attorney focused on the intense drive by Trump and top loyalists to pressure the Georgia secretary of state and other officials to thwart Biden’s victory there.Similarly, court rulings have meant that top Trump lawyers such as former White House counsel Pat Cipollone, who opposed Trump’s zealous drive to overturn the 2020 election, had to testify without invoking executive privilege before a DC grand jury investigating Trump’s efforts to block Congress from certifying Biden’s election victory.On another legal front, some high level courts have ruled adversely for Trump regarding the hundreds of classified documents he took to his Florida resort Mar-a-Lago when he left office, thus helping an inquiry into whether he broke laws by holding onto papers that should have been sent to the National Archives.“Trump’s multipronged efforts to keep former advisers from testifying or providing documents to federal and state grand juries, as well as the January 6 committee, has met with repeated failure as judge after judge has rejected his legal arguments,” ex-justice department prosecutor Michael Zeldin told the Guardian. “Obtaining this testimony is a critical step, perhaps the last step, before state and federal prosecutors determine whether the former president should be indicted … It allows prosecutors for the first time to question these witnesses about their direct conversations with the former president.”Other ex-justice lawyers agree that Trump’s legal plight has now grown due to the key court rulings.“Favorable rulings by judges on issues like executive privilege and the crime-fraud exception to the attorney-client privilege bode well for agencies investigating Trump,” said Barbara McQuade, a former US attorney for eastern Michigan. “Legal challenges may create delay, but on the merits, with rare exception, judges are consistently ruling against him.”Although Trump has been irked by the spate of court rulings against him and his allies, experts point out that they have included decisions from typically conservative courts, as well as ones with more liberal leanings.Former federal prosecutor Dennis Aftergut, for instance, said that: “Just last month, the 11th circuit court of appeals, one of the country’s most conservative federal courts, delivered key rulings in both the Fulton county and DoJ Trump investigations.”Specifically, the court in separate rulings gave a green light to “DoJ criminal lawyers to review the seized, classified documents that Trump took to Mar-a-Lago, reversing renegade district court judge Aileen Cannon’s freeze-in-place order”, Aftergut said.In the other ruling, the court held that Graham “couldn’t hide behind the constitution’s ‘speech and debate’ clause to avoid testifying before the Atlanta grand jury”, Aftergut noted.“The speech and debate clause,” he pointed out, “only affords immunities from testifying about matters relating to congressional speeches and duties. That dog didn’t hunt here.”Soon after these rulings, the supreme court left both orders in place. “It’s enough to make an old prosecutor with stubborn faith in the courts proud,” Aftergut said.Separately, federal court judge David Carter, who issued a scathing decision earlier this year that implicated Trump and Eastman in a conspiracy to overturn the 2020 election, last month ruled that Eastman had to turn over 33 documents to the House January 6 panel including a number that the judge ruled were exempt from attorney-client privilege because they involved a crime or an attempted crime.Ex-justice lawyers say that a number of the recent court rulings should prove helpful to the special counsel Jack Smith, who attorney general Merrick Garland recently tapped to oversee both DoJ’s investigation into Trump’s retention of sensitive documents post presidency and the inquiry into his efforts to stop Biden from taking office.True to form, Trump didn’t waste any time attacking the new special counsel.“I have been going through this for six years – for six years I have been going through this, and I am not going to go through it any more,” Trump told Fox News Digital in an interview the same day Smith was appointed. “And I hope the Republicans have the courage to fight this.” More

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      January 6 report expected to focus on Trump’s role and potential culpability

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      January 6 report expected to focus on Trump’s role and potential culpabilityFinal report by House select committee is scheduled for release in December – but fixation on Trump has opened a rift on the panel The House January 6 select committee’s final report into its investigation is expected to focus heavily on Donald Trump’s involvement in the Capitol attack and his potential culpability, opening a rift on the panel weeks before its scheduled release in the middle of December.Justice department asks Pence to testify in Trump investigationRead moreThe nature of the final report – alongside criminal referrals to the justice department – is expected to be the defining legacy of the investigation that brought into sharp relief Trump’s efforts to stop the congressional certification of Joe Biden’s election win and return to the White House for a second term.As the final report is currently drafted, an overwhelming focus is on the findings of the “gold team” that has been examining Trump and White House advisers’ roles in orchestrating a multi-part strategy to overturn the 2020 election, according to multiple sources familiar with the matter.The move to home in on Trump, principally driven by the select committee’s vice-chair, Republican congresswoman Liz Cheney, was in part because the actions of the former president – which a federal judge has said probably violated several criminal statutes – were particularly compelling, multiple sources said.But that fixation on Trump has exposed in recent weeks a deepening rift on the panel, with the since-departed lawyers on the other teams, including the “blue team” examining issues like intelligence failures by the FBI, angered that their findings were set to be relegated to appendices.The simmering discontent from some of the current and former staff has since reached the panel’s members, and an NBC News story earlier this month has since prompted discussions about changing some of the eight chapters in the final report, though they were already broadly complete.‘Trump should be held accountable’: Guardian readers on the Capitol attack hearingsRead moreThe members, one of the sources said, have discussed inserting some of the findings of the non-gold team investigators in the January 6 narrative. But the members have been reluctant to highlight conduct by Trump’s allies that might have been unsavory but probably not criminal.The final report is still scheduled to be released in the middle of December, and after the Senate runoff election in Georgia, where the Trump-backed candidate Herschel Walker trailed the Democratic incumbent Raphael Warnock in the general election in a disappointing midterms for the GOP.At the same time, the select committee is weighing what potential criminal and civil referrals to the justice department might involve; the panel was scheduled on Tuesday to receive a briefing from a special subcommittee led by congressman Jamie Raskin examining the matter.The subcommittee, which also involves Cheney, Adam Schiff and Zoe Lofgren – members with a legal background, or, in the case of Schiff, prosecutorial experience – has also been tasked with resolving other outstanding issues including how to respond to Trump’s lawsuit against his subpoena.A spokesman for the panel could not immediately be reached for comment.The question of whether and what referrals to make to the justice department has hovered over the investigation for months since the select committee’s lawyers came to believe that Trump was involved in a criminal conspiracy to defraud the United States and obstruct Congress over January 6.‘Devoid of shame’: January 6 cop Michael Fanone on Trump’s Republican partyRead moreThe select committee won a substantial victory in March when the US district court judge David Carter ruled that Trump “likely” committed multiple felonies in his efforts to overturn the results of the 2020 election and stop the congressional certification of Joe Biden’s election win.But some members on the panel in recent months have questioned the need for referrals to the justice department, which has ramped up its investigation into the Capitol attack and issued subpoenas to Trump’s allies demanding appearances before at least two grand juries in Washington.The attorney general, Merrick Garland, last week appointed Jack Smith to serve as special counsel overseeing the probe into whether Trump mishandled national security materials and obstructed justice, as well as key elements of the criminal inquiry into the Capitol attack.And even before the appointment of Smith as special counsel, the department asked former vice-president Mike Pence whether he might voluntarily testify to a grand jury hearing evidence about efforts to stop the certification on January 6, the New York Times earlier reported.TopicsUS Capitol attackDonald TrumpJanuary 6 hearingsUS politicsLiz CheneynewsReuse this content More

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      Justice department asks Pence to testify in Trump investigation

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      Justice department asks Pence to testify in Trump investigationEx-vice-president considering the request, according to sources, but said last week he would not testify to the January 6 panel The US Department of Justice has asked Mike Pence to testify in its investigation of Donald Trump’s election subversion and the former vice-president was considering the request, sources with knowledge of the situation have told the Guardian.So Help Me God review: Mike Pence’s tortured bid for Republican relevanceRead moreLast week, Pence said he would not testify to the House January 6 committee, telling CBS: “Congress has no right to my testimony on separation of powers under the constitution of the United States. And I believe it will establish a terrible precedent for the Congress to summon a vice-president of the United States to speak about deliberations that took place at the White House.”Pence also said the committee, made up of seven Democrats and two Republicans, was too partisan. The chair and vice-chair of the panel, Bennie Thompson and Liz Cheney, rejected that charge.The New York Times first reported the news of the approach to Pence and said he recognised that the Department of Justice investigation could not be dismissed.The newspaper said the request to Pence was made before the attorney general, Merrick Garland, announced last Friday the appointment of a special counsel to oversee the justice department investigation.Garland said the appointment of the career prosecutor Jack Smith would not slow the investigation of Trump’s attempt to stay in power despite losing the 2020 election to Joe Biden, culminating in the deadly Capitol attack on 6 January 2021.Smith will also oversee the investigation of Trump’s retention of White House records.Trump has tried to stop other senior aides testifying to the Department of Justice, claiming executive privilege. Many aides have been served with subpoenas.Pence and the Department of Justice did not immediately comment on the Times report.On Sunday, Pence was asked if he thought Trump committed a crime in connection with the events of January 6, when some Trump supporters who attacked the Capitol chanted “Hang Mike Pence”.Pence told NBC: “I don’t know if it is criminal to listen to bad advice from lawyers.”Eyeing his own presidential run in 2024, Pence must pursue a balancing act as he seeks to distance himself from Trump while appealing to Republican voters.In that spirit he has published a memoir, So Help Me God, which deals in detail with his version of events during his time at Trump’s side. The book includes an extensive account of Pence’s role in and views of Trump’s attempts to stay in office.Pence ultimately refused to block certification of electoral college results, a process over which he presided. Trump, he writes, said he was “too honest” to take part in a plot based on claims of widespread electoral fraud. But Pence also says Republicans were right to lodge objections to results in key states, as it “meant we would have a substantive debate”.Either way, it seems Trump would have reason to fear testimony to the Department of Justice by his former vice-president. In his book and in interviews to promote it, Pence has made clear he blames Trump for the Capitol riot.Earlier this month, Pence told ABC Trump’s words and actions “angered me”.“But I turned to my daughter who was standing nearby. And I said, ‘It doesn’t take courage to break the law. It takes courage to uphold the law.’ The president’s words were reckless. It’s clear he decided to be part of the problem.”TopicsMike PenceDonald TrumpLaw (US)US Capitol attacknewsReuse this content More

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      Supreme court allows Congress to see Donald Trump’s tax returns – as it happened

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      The supreme court will allow a congressional committee to receive Donald Trump’s tax returns, the Associated Press reports, ending a three-year battle by the Democratic-led body to see the documents the former president has famously refused to release since his first White House bid.We’ll have more on this developing story as it happens.Three years of court battles came to a close today, when the supreme court allowed the Democratic-led House ways and means committee to receive Donald Trump’s tax returns over the former president’s opposition. Also ending today was Anthony Fauci’s streak of appearances at the White House. The top US public health official who became a household name during the Covid-19 pandemic made his last briefing to reporters before he steps down from the role, and implored Americans to get a booster shot to protect against the virus.Here’s what else happened today:
      Joe Biden extended the pause on federal student loan repayments until 30 June in order to give his administration time to defend his debt forgiveness plan at the supreme court.
      A former top prosecutor on Robert Mueller’s team investigating Russian meddling in the 2016 election has some thoughts for how newly appointed special counsel Jack Smith could approach the criminal investigations into Trump.
      Democrat Raphael Warnock has a narrow lead over GOP candidate Herschel Walker in the runoff election for Georgia’s Senate seat scheduled for 6 December.
      Florida’s legislature appears to be moving to change a law that would allow Governor Ron DeSantis make a much-expected run for president.
      Republican senator Lindsey Graham spoke to a special grand jury investigating meddling in Georgia’s 2020 election result, after months of trying to get out of it.
      The NAACP civil rights group is among those cheering Biden’s decision to extent the pause on federal student loan repayments.“In the face of extreme greed and hypocrisy by the far-right, President Biden today is standing up for all Americans – middle-class and low-income families – who carry the heavy burden of student loan debt,” the group’s president Derrick Johnson. “The impact this extension will have in the lives of those who have been targeted by predatory student loans cannot be overstated.”Progressive House Democrat Ro Khanna joined in:This is the right move from @POTUS and a victory for those fighting to cancel student debt. We must cancel debt and make public higher education and trade school free for all. https://t.co/2MoDdLzoPL— Ro Khanna (@RoKhanna) November 22, 2022
      Here’s Joe Biden in his own words, explaining his decision to extend the pause on federal student loan repayment:I’m confident that our student debt relief plan is legal. But it’s on hold because Republican officials want to block it.That’s why @SecCardona is extending the payment pause to no later than June 30, 2023, giving the Supreme Court time to hear the case in its current term. pic.twitter.com/873CurlHFZ— President Biden (@POTUS) November 22, 2022
      Biden first announced the plan in August, and said federal student loan payments would restart in January of next year, and no later. He’s now reversed that, and in the video above, cites recent court rulings putting his loan forgiveness program on hold as the reason.The Biden administration will extend its pause on student loan repayments until 30 June, Bloomberg News reports:WHITE HOUSE TO EXTEND STUDENT LOAN REPAYMENT HALT UP TO JUNE 30per @nancook— Josh Wingrove (@josh_wingrove) November 22, 2022
      The decision comes after Joe Biden’s plan to relieve as much as $20,000 of some borrowers’ federal student loan debt was blocked by a federal court. The White House is appealing that order before the supreme court.Lindsey Graham’s office has released a brief statement after the Republican senator appeared today before a special grand jury investigating attempts by Donald Trump and his allies to meddle in the state’s election results.“Today, Senator Graham appeared before the Fulton County Special Grand Jury for just over two hours and answered all questions. The Senator feels he was treated with respect, professionalism, and courtesy. Out of respect for the grand jury process he will not comment on the substance of the questions,” the statement read.No supreme court justices recorded dissents to the order lifting a stay on an appeals court ruling that allows the House ways and means committee to access Donald Trump’s tax returns.The Democratic-led committee in 2019 requested the then-president’s returns under federal law, saying they were part of their investigation into Trump’s compliance with Internal Revenue Service auditing. Trump has been fighting the matter in court ever since, and supreme court chief justice John Roberts had earlier this month put a stay on the most recent ruling from a federal appeals court in the committee’s favor.The Treasury department is now cleared to hand the documents the ways and means committee. Democrats currently control the House, but will lose it at the start of 2023, when the new Republican majority takes their seats.US supreme court blocks handover of Trump’s tax returns to CongressRead moreThe supreme court will allow a congressional committee to receive Donald Trump’s tax returns, the Associated Press reports, ending a three-year battle by the Democratic-led body to see the documents the former president has famously refused to release since his first White House bid.We’ll have more on this developing story as it happens.Donald Trump is having his day in court as the justice department challenges the appointment of a special master in the Mar-a-Lago case.Politico reports that the appeals panel hearing the matter is skeptical of why an official was appointed to filter out privileged documents from the trove seized by federal agents:HAPPENING NOW: Appeals court panel (with two Trump appointees and a GWB appointee) is sharply critical of Trump effort to save special master process. They think Trump is seeking special pre-indictment treatment as an ex-president.— Kyle Cheney (@kyledcheney) November 22, 2022
      The special master review is seen as an attempt to frustrate and learn details of the investigation into alleged government secrets discovered at the former president’s south Florida resort.On another note:Trump attorney Jim TRUSTY says among the items seized from Trump’s home: a picture of Celine Dion.— Kyle Cheney (@kyledcheney) November 22, 2022
      An interesting development from Florida, where the new leader of the Republican-controlled House appears ready to repeal the state’s “resign to run” law, currently an obstacle to Ron DeSantis’s expected campaign for the White House.As things stand, DeSantis, who was re-elected this month in a landslide to a second term, would have to step down if he were to challenge for his party’s 2024 presidential nomination. His supporters acknowledged as much by chanting “two more years!” at his election night party. Governors in Florida serve four year terms.It’s the same rule that required Charlie Crist, DeSantis’s beaten Democratic opponent, to resign his US House seat earlier this year to challenge him.Politico’s reports that state House speaker Paul Renner says he’s willing to change the law next year, and allow DeSantis to fulfil his four-year term as governor at the same time as pursuing a presidential campaign in 2024.Fla House Speaker @Paul_Renner says he’s willing to change state law during 2023 session so @GovRonDeSantis can run for president without having to resign. Called it a “good idea.”— Gary Fineout (@fineout) November 22, 2022
      And with a compliant, super-majority in both chambers of the state’s legislature, Republicans can pretty much do as they please.The US relationship with Saudi Arabia is still under review despite a Biden administration ruling that the Saudi crown prince has immunity from a lawsuit over the murder of Jamal Khashoggi, Secretary of State Antony Blinken said today.Khashoggi, a Saudi journalist then living in the United States, was killed and dismembered in 2018 by Saudi agents in the kingdom’s consulate in Istanbul, in an operation US intelligence believes was ordered by Crown Prince Mohammed bin Salman, Reuters writes.The prince has denied ordering the killing, which has cast a pall over relations between the two countries.Khashoggi’s fiancee has sued the prince in US court, but in a ruling last week, US justice department lawyers concluded that the prince had immunity as a result of having been named prime minister in the Saudi government in September..css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The opinion that we provided does not in any way speak to the merits of the case or the status of the bilateral relationship.
      Our review of that relationship is ongoing,” Blinken told reporters at a news conference in Qatar after an annual US-Qatar strategic dialogue.Blinken also said there were no plans for the prince to visit the United States.Donald Trump today asked a federal court in Florida to provide him and his lawyers with a complete version of the affidavit that federal investigators used to obtain a search warrant for his Florida property in August.Prosecutors are conducting a criminal investigation into the retention of government records at Trump’s Mar-a-Lago resort after his presidency ended, Reuters reports.The request to unseal the search warrant affidavit was made to US District Judge Aileen Cannon in Florida.A redacted version of the affidavit was made public in August after media organizations sought its release, with sections blacked out that prosecutors said should remain secret.The Justice Department said the redactions included information from “a broad range of civilian witnesses” as well as investigative techniques that, if disclosed, could reveal how to obstruct the probe.US Attorney General Merrick Garland last Friday appointed a special counsel, Jack Smith, to preside over criminal investigations involving the former president after Trump announced he would run for president again.A federal appeals court later today will hear arguments on whether an outside arbiter appointed by Cannon should be allowed to continue a review of documents seized in the search and determine whether any of the records should be kept from criminal investigators.Juror are deliberating over whether to convict five Oath Keepers militia members of seditious conspiracy, in what would be a milestone for the government’s prosecution of alleged January 6 insurrectionists. Meanwhile, Anthony Fauci made what could be his last appearance at the White House podium and asked Americans to get the latest Covid-19 vaccine booster as the holiday travel season arrives.Here’s what else has happened today so far:
      Top House Republican Kevin McCarthy plans a “major” announcement around 4:30 pm eastern time during his visit to El Paso, Texas. This could be the start of a GOP effort to impeach homeland security secretary Alejandro Mayorkas over his handling of the surge in migrants to the US-Mexico border since Joe Biden took office.
      A former top prosecutor on Robert Mueller’s team investigating Russian meddling in the 2016 election has some thoughts for how newly appointed special counsel Jack Smith could approach the criminal investigations into Donald Trump.
      Democrat Raphael Warnock has a narrow lead over GOP candidate Herschel Walker in the run-off election for Georgia’s Senate seat scheduled for 6 December.
      Andrew Weissmann was one of the top members on special prosecutor Robert Mueller’s team looking into Russian interference in the 2016 election that brought Trump to power.Now another special prosecutor has been appointed to decide on whether to bring charges against Trump over the January 6 insurrection and the alleged government secrets found at Mar-a-Lago. Writing in the New York Times, Weissmann shares some advice for Jack Smith, the veteran prosecutor appointed to the role.Chief among these is the possibility of Smith bringing charges against Trump – an option Mueller didn’t have, Weissmann says. “Mr. Smith is stepping into a political context very different from the one that confronted Mr. Mueller. Most notably, because of Justice Department policy, Mr. Mueller was forbidden to charge a sitting president. Now that Mr. Trump is a former president, Mr. Smith is not subject to that limitation. (That policy does not apply to presidential candidates like Mr. Trump.),” Weissmann writes.He also notes that Smith has the option of taking a more transparent approach to his investigation than Mueller, who was famously tight-lipped about what he was finding.“Neither the current special counsel regulations nor Justice Department rules require Mr. Smith to take a vow of silence with the American public,” Weissmann writes. “His ability to explain and educate will be critical to the acceptance of the department’s mission by the American public. It will permit Mr. Smith to be heard directly and not through the gauze of pundits and TV anchors; it will allow the public to directly assess Mr. Smith, a heretofore little-known figure; and it will permit Mr. Smith to counteract those strong forces seeking to discredit or misleadingly shape the narrative about the investigations.”Under Joe Biden, the United States passed the first significant piece of legislation to fight climate change and reversed decades of opposition to creating a fund for poor countries suffering the worst effects of global rising temperatures. Now, it’s trying to portray China as the world’s climate change villain – but as Oliver Milman reports, activists aren’t buying it:The US, fresh from reversing its 30 years of opposition to a “loss and damage” fund for poorer countries suffering the worst impacts of the climate crisis, has signaled that its longstanding image as global climate villain should now be pinned on a new culprit: China.Following years of tumult in which the US refused to provide anything resembling compensation for climate damages, followed by Donald Trump’s removal of the US from the Paris climate agreement, there was a profound shift at the Cop27 UN talks in Egypt, with Joe Biden’s administration agreeing to the new loss and damage fund.The US also backed language in the new agreement, which finally concluded in the early hours of Sunday morning after an often fraught period of negotiations between governments, that would demand the phase-out of all unabated fossil fuels, only to be thwarted by major oil-producing nations such as Saudi Arabia and Russia.Despite these stances, the US continued to be the leading target of ire from climate activists who blame it for obstruction and for failing to reckon with its role as history’s largest ever emitter of planet-heating gases. On Friday, the US was given the unwanted title of “colossal fossil” by climate groups for supposedly failing to push through the loss and damage assistance at Cop27.The US delegation in Sharm el-Sheikh chafed at this image, with John Kerry, Biden’s climate envoy, using his closing remarks to shift the focus on to China, now the world’s largest emitter. Kerry said that “all nations have a stake in the choices China makes in this critical decade. The United States and China should be able to accelerate progress together, not only for our sake, but for future generations – and we are all hopeful that China will live up to its global responsibility.” US receives stinging criticism at Cop27 despite China’s growing emissionsRead moreAnthony Fauci is making his final appearance at the White House podium, ahead of his retirement next month as America’s top public health official:.⁦@PressSec⁩ says this is Dr Fauci’s last time at the podium pic.twitter.com/fgeE36pkzD— AlexGangitano (@AlexGangitano) November 22, 2022
      The director of the National Institute of Allergy and Infectious Diseases since 1984, Fauci became a household name as the public face of the US government’s response to the Covid-19 pandemic beginning in early 2020. Here’s where his parting words to reporters gathered at the White House:FAUCI: “So my message and my final message, may be the final message I give you from this podium, is that please for your own safety, for that of your family, get your updated COVID-19 shot as soon as you’re eligible to protect yourself, your family and your community.”— Molly Nagle (@MollyNagle3) November 22, 2022
      Fauci is appearing alongside the White House’s coronavirus response coordinator Ashish Jha to announce the Biden’s administration’s new six-week campaign to encourage Americans to get Covid-19 boosters in anticipation of the holidays.He’s in court, he’s on the campaign trail and he’s once again being investigated by a special prosecutor.Like it or not, Donald Trump will frequently be in the news for the next two years – at least – and the Guardian’s community team would like to hear your thoughts on how reporters should cover the former president. Weigh in at the link below:Tell us: how should the media cover Trump’s 2024 run?Read more More

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      Jury deliberates on Oath Keepers’ January 6 role in seditious conspiracy trial – live

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      The Oath Keepers don’t dispute that some of their members were around the Capitol on January 6, but jurors need to believe they entered the building in an attempt to stop the certification of Joe Biden’s election win. Whether prosecutors have succeeded at this will be key to determining if they win a conviction in the seditious conspiracy case. Here’s more from the Associated Press on what’s come out of the trial so far:As angry supporters of President Donald Trump stormed the US Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harked back to the battle that kicked off the American revolutionary war.“Next comes our Lexington,” Rhodes told his fellow far-right extremists in a message on 6 January 2021. “It’s coming.”Jurors will begin weighing his words and actions on Tuesday, after nearly two months of testimony and argument in the criminal trial of Rhodes and four codefendants. Final defense arguments wrapped up late Monday. Hundreds of people have been convicted in the attack that left dozens of officers injured, sent lawmakers running for their lives and shook the foundations of American democracy. Now jurors in the case against Rhodes and four associates will decide, for the first time, whether the actions of any January 6 defendants amount to seditious conspiracy – a rarely used charge that carries both significant prison time and political weight.The jury’s verdict may well address the false notion that the 2020 presidential election was stolen, coming soon after 2022 midterm results in which voters rejected Trump’s chosen Republican candidates who supported his baseless claims of fraud. The outcome could also shape the future of the justice department’s massive and costly prosecution of the insurrection that some conservatives have sought to portray as politically motivated.Failure to secure a seditious conspiracy conviction could spell trouble for another high-profile trial beginning next month of former Proud Boys national chairman Enrique Tarrio and other leaders of that extremist group. The justice department’s January 6 probe has also expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the election.In the Oath Keepers trial, prosecutors built their case using dozens of encrypted messages sent in the weeks leading up to January 6. They show Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection”.“We aren’t getting through this without a civil war. Prepare your mind, body and spirit,” he wrote shortly after the 2020 election.Jury deliberations begin in January 6 sedition trial of Oath Keepers founderRead moreDemocratic incumbent Raphael Warnock has a slight lead over his Republican challenger Herschel Walker ahead of the 6 December run-off election for Georgia’s Senate seat, a poll released today finds.The survey by AARP Georgia finds Warnock has 51% support over Walker’s 47%. The Democrat has an edge among young voters, while Walker is more popular among people older than 50, which are a large part of the electorate.Walker and Warnock are battling for a Senate seat that Democrats took control of only last year in a special election. While Joe Biden’s allies have secured a majority in Congress’s upper chamber for another two years, a victory by Warnock would pad their margin of control. Republicans, meanwhile, hope Walker’s victory would put them in a better position to retake the chamber in the next elections set for 2024.Top House Republican Kevin McCarthy will make a “major” announcement about homeland security secretary Alejandro Mayorkas today, Fox News reports:NEW: GOP Minority Leader/Speaker elect Kevin McCarthy tells me he will be making a “major” announcement regarding DHS Secretary Alejandro Mayorkas at a press conference in El Paso, TX this afternoon. McCarthy is here w/ a GOP delegation touring the border & meeting w/ BP agents.— Bill Melugin (@BillFOXLA) November 22, 2022
      The announcement will come during McCarthy’s visit to El Paso, Texas, where he will probably draw attention to the surge in migrant arrivals at the US-Mexico border since Joe Biden took office. Republicans have criticized the White House for its handling of the situation, and rightwing lawmakers in Congress have reportedly called for impeachment proceedings against Mayorkas, a rare step to take against a sitting cabinet secretary.McCarthy is hoping to be elected speaker of the House when Republicans take control next year, after winning a majority of seats in the 8 November midterms. But he is scrambling to find the votes after several of the chamber’s most conservative lawmakers said they would not support him.Republican Senator Lindsey Graham will today appear before a special grand jury investigating efforts by Donald Trump’s allies to meddle with Georgia’s election result, Fox 5 Atlanta reports.Graham has fought the subpoena from Fulton county district attorney Fani Willis for months, but exhausted his legal options when the supreme court turned down his challenge earlier this month. The South Carolina lawmaker’s appearance before jurors in an Atlanta courthouse will not be public, but Willis could use evidence he provides to bring charges in the case.The district attorney has said she wants to ask Graham about two calls he made to Georgia’s secretary of state Brad Raffensperger and his officials following the 2020 election, in which he alleged voter fraud in the state and asked about the possibility of “reexamining certain absentee ballots,” Fox 5 reports. Georgia was one of several states whose votes for Joe Biden proved crucial to his election victory two years ago.The Oath Keepers don’t dispute that some of their members were around the Capitol on January 6, but jurors need to believe they entered the building in an attempt to stop the certification of Joe Biden’s election win. Whether prosecutors have succeeded at this will be key to determining if they win a conviction in the seditious conspiracy case. Here’s more from the Associated Press on what’s come out of the trial so far:As angry supporters of President Donald Trump stormed the US Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harked back to the battle that kicked off the American revolutionary war.“Next comes our Lexington,” Rhodes told his fellow far-right extremists in a message on 6 January 2021. “It’s coming.”Jurors will begin weighing his words and actions on Tuesday, after nearly two months of testimony and argument in the criminal trial of Rhodes and four codefendants. Final defense arguments wrapped up late Monday. Hundreds of people have been convicted in the attack that left dozens of officers injured, sent lawmakers running for their lives and shook the foundations of American democracy. Now jurors in the case against Rhodes and four associates will decide, for the first time, whether the actions of any January 6 defendants amount to seditious conspiracy – a rarely used charge that carries both significant prison time and political weight.The jury’s verdict may well address the false notion that the 2020 presidential election was stolen, coming soon after 2022 midterm results in which voters rejected Trump’s chosen Republican candidates who supported his baseless claims of fraud. The outcome could also shape the future of the justice department’s massive and costly prosecution of the insurrection that some conservatives have sought to portray as politically motivated.Failure to secure a seditious conspiracy conviction could spell trouble for another high-profile trial beginning next month of former Proud Boys national chairman Enrique Tarrio and other leaders of that extremist group. The justice department’s January 6 probe has also expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the election.In the Oath Keepers trial, prosecutors built their case using dozens of encrypted messages sent in the weeks leading up to January 6. They show Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection”.“We aren’t getting through this without a civil war. Prepare your mind, body and spirit,” he wrote shortly after the 2020 election.Jury deliberations begin in January 6 sedition trial of Oath Keepers founderRead moreGood morning, US politics blog readers. A Washington federal jury is starting deliberations in the trial of five members of the Oath Keepers militia, including its founder Stewart Rhodes. The group stands accused of seditious conspiracy, a rarely used charge that prosecutors say is an appropriate way to describe the alleged plot they attempted to carry out on January 6 to stop Joe Biden from taking office. The trial will be an important indicator of if the government can win convictions against the most violent actors in the insurrection, and a verdict could come at any time.Here’s what else is happening today:
      Top House Republican Kevin McCarthy is visiting border patrol personnel in El Paso, Texas. Expect him to talk up the GOP’s plan to address the surge of migrant arrivals at the US-Mexico border when they take control of the House next year, and criticize Joe Biden’s handling of the situation.
      Biden is heading to Nantucket, Massachusetts, this afternoon for the Thanksgiving holiday.
      Anthony Fauci and Covid-19 response coordinator Ashish Jha will appear at the daily White House press briefing at 11.30am eastern time, where they’ll likely talk about the threat of coronavirus during the holiday season. More

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      Republican who voted to impeach Trump re-elected to US House

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      Republican who voted to impeach Trump re-elected to US HouseDavid Valadao wins California midterms race, only second member of lower chamber to survive voting to impeach president A Republican who voted to impeach Donald Trump in the House of Representatives has won re-election in California, making him only the second of the 10 to do so still in Congress.David Valadao was called the winner of his competitive race with Democrat Rudy Salas late on Monday, almost two weeks after election day.Republican Adam Kinzinger: election deniers won’t ‘go away organically’Read moreWith his party having already secured control of the House, albeit narrowly, his result was significant only for the survival of his political career after turning on the former president.Other than Dan Newhouse, who swept to victory in his Washington state race, none of the Republicans who voted for Trump’s impeachment last year will serve another term.Most prominent are the two Republican members of the January 6 committee investigating Trump’s failed efforts to remain in office after his 2020 defeat to Joe Biden: Liz Cheney, who was ousted in a primary battle for her Wyoming seat, and Adam Kinzinger, who chose not to seek re-election in Illinois.Of the others, Jaime Herrera Beutler (Washington), Peter Meijer (Michigan) and Tom Rice (South Carolina) were beaten in primaries earlier this year, and Fred Upton (Michigan), Anthony Gonzalez (Ohio) and John Katko (New York) opted for retirement.Valadao released a statement on Monday night thanking his campaign staff and acknowledging his opponent, but not mentioning Trump, or his vote for his impeachment.“I am once again humbled by the Central Valley’s support and faith in me,” the statement said.“I commend Rudy Salas for running a strong campaign and his service to our community in the state assembly.”Valadao’s margin of victory in California’s district 22, where he campaigned on issues including crime, inflation and healthcare, was more than 3%, according to the New York Times.His seat, to which he was first elected in 2012, and recaptured in 2020 after defeat two years earlier, had been a midterms target for Democrats.The Times said Republican political action committees, including the Congressional Leadership Fund aligned to the House minority leader, Kevin McCarthy, spent more than $11m in advertising for Valadao.Trump never significantly engaged in the race, the Associated Press reported, and Valadao, a dairy farmer and son of Portuguese immigrants, had the endorsement of the state party as well as the support of McCarthy, who is seeking to become speaker.Valadao criticized Trump while he was in office for separating migrant families at the US border, and said the former president was a driving force in the 6 January 2021 violence at the US Capitol.Trump’s “inciting rhetoric was un-American, abhorrent, and absolutely an impeachable offense”, Valadao has said.His re-election gives Republicans 219 House seats, one more than needed for control, with Democrats on 212 and only a handful of races remaining to be called.TopicsUS midterm elections 2022US politicsRepublicansUS Capitol attackDonald TrumpnewsReuse this content More

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      in Elections

      Jury deliberations begin in January 6 sedition trial of Oath Keepers founder

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      Jury deliberations begin in January 6 sedition trial of Oath Keepers founderJurors will decide if his actions amount to seditious conspiracy, which carries significant jail time As angry supporters of President Donald Trump stormed the US Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harked back to the battle that kicked off the American revolutionary war.“Next comes our Lexington,” Rhodes told his fellow far-right extremists in a message on 6 January 2021. “It’s coming.”Jurors will begin weighing his words and actions on Tuesday, after nearly two months of testimony and argument in the criminal trial of Rhodes and four codefendants. Final defense arguments wrapped up late Monday.Oath Keepers called for ‘violent overthrow’ of US government, trial hearsRead moreHundreds of people have been convicted in the attack that left dozens of officers injured, sent lawmakers running for their lives and shook the foundations of American democracy. Now jurors in the case against Rhodes and four associates will decide, for the first time, whether the actions of any January 6 defendants amount to seditious conspiracy – a rarely used charge that carries both significant prison time and political weight.The jury’s verdict may well address the false notion that the 2020 presidential election was stolen, coming soon after 2022 midterm results in which voters rejected Trump’s chosen Republican candidates who supported his baseless claims of fraud. The outcome could also shape the future of the justice department’s massive and costly prosecution of the insurrection that some conservatives have sought to portray as politically motivated.Failure to secure a seditious conspiracy conviction could spell trouble for another high-profile trial beginning next month of former Proud Boys national chairman Enrique Tarrio and other leaders of that extremist group. The justice department’s January 6 probe has also expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the election.In the Oath Keepers trial, prosecutors built their case using dozens of encrypted messages sent in the weeks leading up to January 6. They show Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection”.“We aren’t getting through this without a civil war. Prepare your mind, body and spirit,” he wrote shortly after the 2020 election.Three defendants, including Rhodes, took the witness stand to testify in their defense – a move generally seen by defense lawyers as a last-resort option because it tends to do more harm than good. On the witness stand, Rhodes, of Granbury, Texas, and his associates – Thomas Caldwell of Berryville, Virginia, and Jessica Watkins, of Woodstock, Ohio – sought to downplay their actions, but struggled when pressed by prosecutors to explain their violent messages.The others on trial are Kelly Meggs of Dunnellon, Florida, and Kenneth Harrelson of Titusville, Florida. Seditious conspiracy carries up to 20 years behind bars, and all five defendants also face other felony charges. They would be the first people convicted of seditious conspiracy at trial since the 1995 prosecution of Islamic militants who plotted to bomb New York City landmarks.The trial unfolding in Washington’s federal court – less than a mile from the Capitol – has provided a window into the ways in which Rhodes mobilized his group and later tried to reach Trump.‘We must defeat them’: new evidence details Oath Keepers’ ‘civil war’ timelineRead moreBut while authorities combed through thousands of messages sent by Rhodes and his codefendants, none specifically spelled out a plan to attack the Capitol itself. Defense attorneys emphasized that fact throughout the trial in arguing that Oath Keepers who did enter the Capitol were swept up in a spontaneous outpouring of election-fueled rage rather than acting as part of a plot.Jurors never heard from three other Oath Keepers who have pleaded guilty to seditious conspiracy.Over two days on the witness stand, a seemingly relaxed Rhodes told jurors there was no Capitol attack plan. He said he didn’t have anything to do with the guns some Oath Keepers had stashed at a Virginia hotel that prosecutors say served as the base for “quick reaction force” teams ready to ferry an arsenal of weapons across the Potomac River if necessary. The weapons were never deployed.Rhodes, a Yale Law School graduate and former Army paratrooper, said his followers were “stupid” for going inside. Rhodes, who was in a hotel room when he found out rioters were storming the Capitol, insisted that the Oath Keepers’ only mission for the day was to provide security for Trump ally Roger Stone and other figures at events before the riot.That message was repeated in court by others, including a man described as the Oath Keepers’ “operations leader” on January 6, who told jurors he never heard anyone discussing plans to attack the Capitol.A government witness – an Oath Keeper cooperating with prosecutors in hopes of a lighter sentence – testified that there was an “implicit” agreement to stop Congress’s certification, but the decision to enter the building was “spontaneous”.Prosecutors say the defense is only trying to muddy the waters in a clear-cut case. The Oath Keepers aren’t accused of entering into an agreement ahead of January 6 to storm the Capitol.Citing the civil war-era seditious conspiracy statute, prosecutors tried to prove the Oath Keepers conspired to forcibly oppose the authority of the federal government and block the execution of laws governing the transfer of presidential power. Prosecutors must show the defendants agreed to use force – not merely advocated it – to oppose the transfer of presidential power.TopicsUS newsUS politicsThe far rightUS Capitol attacknewsReuse this content More