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    Oath Keepers lawyer faces conspiracy charge in connection with January 6

    Oath Keepers lawyer faces conspiracy charge in connection with January 6Kellye SoRelle, general counsel for the extremist group, was arrested over conspiracy to obstruct official proceeding, DoJ says A lawyer for the far-right Oath Keepers extremist group has been charged with conspiracy in connection with the January 6, 2021 attack at the US Capitol, authorities said on Thursday.Kellye SoRelle – general counsel for the anti-government group – was arrested in Texas on charges including conspiracy to obstruct an official proceeding, the justice department said.SoRelle is a close associate of Stewart Rhodes, the Oath Keepers’ leader who is heading to trial later this month alongside other extremists on seditious conspiracy charges.Prosecutors say Rhodes and his militia group plotted for weeks to stop the lawful transfer of power. Prosecutors say the Oath Keepers purchased weapons and set up battle plans with the goal of keeping President Donald Trump in office.SoRelle was present at an underground garage meeting the night before the riot that’s been a focus for investigators.The meeting included Rhodes and and Enrique Tarrio, the former chairman of the Proud Boys extremist group, who is charged separately with seditious conspiracy alongside other members of the group that describes themselves as a politically incorrect men’s club for “western chauvinists”.SoRelle told the Associated Press last year that FBI agents seized her phone and provided her a search warrant that said it was related to an investigation into seditious conspiracy, among other crimes.The indictment against SoRelle made public on Thursday does not include a charge of seditious conspiracy.SoRelle told the AP at the time that she had no knowledge of or involvement in the Capitol breach, calling the seizure of her phone “unethical” and the investigation “a witch-hunt”.SoRelle is expected to make an initial appearance in federal court in Austin, Texas, later on Thursday.TopicsUS Capitol attackThe far rightUS politicsnewsReuse this content More

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    Reporter Luke Mogelson: ‘I was surprised by the lunacy of the conspiracy theories in Michigan’

    Reporter Luke Mogelson: ‘I was surprised by the lunacy of the conspiracy theories in Michigan’ The New Yorker writer, whose new book follows the militarised rightwing protests in Michigan that prefigured the Capitol attacks, on extremism and the possibility of civil war

    Read an extract from The Storm Is Here by Luke Mogelson
    Luke Mogelson is a contributing writer for the New Yorker magazine, reporting from conflict zones, and the author of a 2016 short story collection, These Heroic, Happy Dead. In his mid-20s, he served for three years in the New York national guard. His new book, The Storm Is Here: America on the Brink, draws on nine months of reporting in the US in the run-up to the Capitol riots on 6 January 2021. He lives in Paris.How did the book come about?I hadn’t reported in the US for at least 10 years. I was living in France and had been covering the wars in Iraq, Afghanistan and Syria. During that time, I had the impression that Americans felt quite insulated from the risk of civil conflict and societal collapse that those countries were experiencing. So when the early cracks started to show in the US, I was eager to go there and see how it would play out.Which cracks in particular?Early in the pandemic, in April 2020, when the first organised anti-lockdown demonstrations started to be held in Michigan, there were a lot of images going around the internet of men with assault rifles entering the state capitol in Lansing and yelling at lawmakers. As soon as that happened, I sent an email to my editor asking if I could go to Michigan. I spent time with militarised groups mobilising against the Democratic governor’s public health measures to control the virus. While I was there, George Floyd was killed in Minneapolis, so I spent three weeks there reporting on the protests and the riots. When I came back to Michigan, I was surprised to discover that the groups I’d been spending time with were now holding armed rallies in opposition to [Black Lives Matter] protests. Then you add the election, and 6 January, and many of the same people were storming the Capitol. Now, some of them have gotten into Michigan politics.When you first arrived in Michigan, were you surprised by some of the stuff you were hearing in Karl Manke’s barbershop?I was surprised by the extent of the conspiratorial thinking. The reactionary, angry, white, conservative mindset, I’m pretty familiar with – there’s plenty of it in my family and I’ve been around it my whole life. But I was surprised by the prevalence and just the lunacy of the conspiracy theories.Are things still escalating?Absolutely. I’m more concerned now than I was a year ago. On the political side, there was an opportunity after 6 January for the country and for Republicans to have a meaningful reckoning with rightwing extremism and the threat that it presented to the future of our democracy. Instead, conservative politicians made a conscious choice to minimise and distort what had actually happened. Beyond that, the rhetoric that’s been adopted by the right to characterise their political opponents has become so absolute that any compromise or engagement between these two halves of the country is basically impossible. Partisan politics has been defined now, for a large part of the country, as an almost cosmic struggle between good and evil.What are your expectations for the midterms in November?It’ll be interesting to see whether or not the overturning of Roe v Wade has an impact. But the Republicans have already nominated a lot of rightwing extremists in their primaries. And if they do manage to capture a significant number of seats, in states like Arizona and Michigan, it’s going to be a major problem going into 2024, because a lot of them will exercise some degree of influence over the way that the elections are conducted and certified.Is it outlandish to worry about civil war breaking out in the US?I don’t think it’s outlandish given that so many people – people with considerable influence and power – are calling for exactly that. But I think that the more imminent danger is more frequent and larger-scale eruptions of gun violence. For a lot of folks on the right, 6 January was emboldening. At the US Capitol, I heard more than one person say: “Next time, we’re coming back with guns.” We would be pretty foolish to assume that they’ll just choose not to. TopicsPolitics booksThe ObserverMichiganUS politicsUS Capitol attackfeaturesReuse this content More

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    ‘American rebellion’: the lockdown protests that paved the way for the Capitol riots

    ‘American rebellion’: the lockdown protests that paved the way for the Capitol riots In this extract from his book The Storm Is Here, New Yorker writer Luke Mogelson follows rightwing militias in Michigan protesting Covid restrictions in 2020. It was a lesson in the attitudes that led to the US Capitol attack the following January

    Read a Q&A with Luke Mogelson
    It started in Michigan. On 15 April 2020, thousands of vehicles convoyed to Lansing and clogged the streets surrounding the state capitol for a protest that had been advertised as “Operation Gridlock”. Drivers leaned on their horns, men with guns got out and walked. Signs warned of revolt. Someone waved an upside-down American flag. Already – nine months before 6 January, seven months before the election, six weeks before a national uprising for police accountability and racial justice – there were a lot of them, and they were angry.Gretchen Whitmer, Michigan’s Democratic governor, had recently extended a stay-at-home order and imposed additional restrictions on commerce and recreation, obliging a long list of businesses to close. Around 30,000 Michiganders had tested positive for Covid-19 – the third-highest rate in the country, after New York and California – and almost 2,000 had died. Most of the cases, however, were concentrated in Detroit, and the predominantly rural residents at Operation Gridlock resented the blanket lockdown.On 30 April, with Whitmer holding firm as deaths continued to rise, they returned to Lansing. This time, more were armed and fewer stayed in their cars. Michigan is an open-carry state, and no law prohibited licensed owners from bringing loaded weapons inside the capitol. Men with assault rifles filled the rotunda and approached the barred doors of the legislature, squaring off against police. Others accessed the gallery that overlooked the senate. Dayna Polehanki, a Democrat from southern Michigan, tweeted a picture of a heavyset man with a mohawk and a long gun in a scabbard on his back. “Directly above me, men with rifles yelling at us,” she wrote.The next day, a security guard in Flint [a town about 50 miles north-east of Lansing] turned away an unmasked customer from a Family Dollar. The customer returned with her husband, who shot the guard in the head. Later that week, a clerk in a Dollar Tree outside Detroit asked a man to don a mask. The man replied, “I’ll use this,” grabbed the clerk’s sleeve, and wiped his nose with it.By then, the movement that had begun with Operation Gridlock had spread to more than 30 states. In Kentucky, the governor was hanged in effigy outside the capitol; in North Carolina, a protester hauled a rocket launcher through downtown Raleigh; in California, a journalist covering an anti-lockdown demonstration was held at knifepoint; ahead of a rally in Salt Lake City, a man wrote on Facebook: “Bring your guns, the civil war starts Saturday… The time is now.”I was living in Paris in 2020, where, since late March, we had been permitted to go outside for a maximum of one hour per day, and to stray no farther than a kilometre from our homes. Most businesses were closed (except those “essential to the life of the nation”, such as bakeries and wine and cigarette shops). Few complained. I’d been a foreign correspondent for nearly a decade and during that time had not spent more than a few consecutive months in the US. The images of men in desert camo, flak jackets and ammo vests, carrying military-style carbines through American cities, portrayed a country I no longer recognised. One viral photograph struck me as particularly exotic. It showed a man with a shaved head and a blond beard, mid-scream, his gaping mouth inches away from two officers gazing stonily past him, in the capitol in Lansing. What accounted for such exquisite rage? And why was it so widely shared?In early May, I took an almost-empty flight to New York, then a slightly fuller one to Michigan. My first stop was Owosso, a small town on the banks of the Shiawassee River, in the bucolic middle of the state. I arrived at Karl Manke’s barbershop a little before 9am. The neon Open sign was dark; a crowd loitered in the parking lot. Spring had not yet made it to Owosso, and people sat in their trucks with the heaters running. Some, dressed in fatigues and packing sidearms, belonged to the Michigan Home Guard, a civilian militia.A week before, Manke, who was 77, had reopened his business in defiance of Governor Whitmer’s prohibition on “personal care services”. That Friday, Michigan’s attorney general, Dana Nessel, had declared the barbershop an imminent danger to public health and dispatched state troopers to serve Manke with a cease-and-desist order. Over the weekend, Home Guardsmen had warned that they would not allow Manke to be arrested. Now it was Monday, and the folks in the parking lot had come to see whether Manke would show up.“He’s a national hero,” Michelle Gregoire, a 29-year-old school bus driver, mother of three, and Home Guard member, told me. She was 5ft 4in but hard to miss. Wearing a light fleece jacket emblazoned with Donald Trump’s name, she waved a Gadsden flag at the passing traffic. Car after car honked in support. Michelle had driven 90 miles, from her house in Battle Creek, to stand with her comrades. She’d been at Lansing’s capitol on 30 April, and did not regret what happened there. When I mentioned that officials were considering banning guns inside the statehouse, she laughed: “If they go through with that, they’re not gonna like the next rally.”Manke appeared at 9.30am, to cheers and applause. He had a white goatee and wore a blue satin smock, black-rimmed glasses, and a rubber bracelet with the words “When in Doubt, Pray”. He climbed the steps to the front door stiffly, his posture hunched. When the Open sign flickered on, people crowded inside. Manke had been cutting hair in town for half a century and at his current location since the 1980s. The phone was rotary, the clock analogue. An out-of-service gumball machine stood beside a row of chairs. Black-and-white photographs of Owosso occupied cluttered shelves alongside old radios and bric-a-brac. Also on display were flashy paperback copies of the 10 novels that Manke had written. Unintended Consequences featured an anti-abortion activist who “stands on his convictions”; Gone to Pot offered readers “a daring view into the underbelly of the 60s and 70s”.As Manke fastened a cape around the first customer’s neck, a man in foul-weather gear picked out a book and deposited a wad of bills in a wicker basket on the counter. “My father was a barber,” he told Manke. “He believed in everything you believe in. Freedom. We’re the last holdout in the world.” Manke nodded. “We did this in 1776, and we’re doing it again now.”Like the redbrick buildings and decorative parapets of Owosso’s historic downtown, there was something out of time about Manke. During several days that I would spend at the barbershop, I’d hear him offer countless customers and journalists subtle variations of the same stump speech. He’d lived under 14 presidents, survived the polio epidemic, and never witnessed such “government oppression”. Governor Whitmer was not his mother. He’d close his business when they dragged him out in handcuffs, or when he died, or when Jesus came – “whichever happens first”. “You’re getting a scoop,” he assured me when I introduced myself. “American rebellion.”Customers continued to arrive, and the phone did not stop ringing. Some people had travelled hundreds of miles. They left cards, bumper stickers, leaflets, brochures. A local TV crew squeezed into the shop, struggling to social-distance in the crush of waiting men, recording Manke with a boom mic as he sculpted yet another high-and-tight. Around noon, [rightwing political commentator and radio host] Glenn Beck called, live on air. “It’s hardly my country any more, in so many different ways,” Manke told him. “You remind me of my father,” Beck responded, with a wistful sigh.Manke seemed to remind everybody of something or someone that no longer existed. Hence the people with guns outside, ready to do violence on those who threatened what he represented. You could not have engineered a more quintessential paragon of that mythical era when America was great. One day at the barbershop, I was approached by a man clad from head to toe in hunting gear, missing several teeth. He hadn’t realised I was press. Manke had first come to the attention of the attorney general, the man informed me, because of a reporter from Detroit. He held out his arms to indicate the woman’s girth. “A big Black bitch.”In the 1950s, when Manke was in high school, Owosso was a “sundown town”: African Americans were not welcome. Like much of rural Michigan, it remained almost exclusively white. Detroit, an hour and a half to the south, was 80% Black. Because politics broke down along similar lines – less-populated counties voted Republican; urban centres, Democrat – partisan rancour in the state could often look like racial animus. While conservatives tended to ridicule any such interpretation as liberal cant, the pandemic had created two new discrepancies that were hard to ignore. The first was that Covid-19 disproportionately affected Black communities, in Michigan as well as nationwide. The second was that the people mobilising against containment measures were overwhelmingly white.On 30 April, the state representative Sarah Anthony had watched from her office across the street as anti-lockdown protesters filled the capitol lawn. Anthony had been born and raised in Lansing. In 2012, at the age of 29, she’d become the youngest Black woman in America to serve as a county commissioner. Six years later, a landslide victory made her the first Black woman to represent Lansing in the state legislature. As Anthony walked from her office to the capitol, she had to navigate a heavily armed white mob. She noticed a Confederate flag.A man waved a fishing rod with a naked Barbie doll – brown-haired, like Governor Whitmer – dangling from a mini noose. Men screamed insults. A sign declared: tyrants get the rope. Anthony was in Lansing’s House of Representatives when the mob entered the building. “It just felt like, if they had come through that door, I would’ve been the first to go down,” she recalled. We were in the rotunda, where she had insisted on giving me a tour. Her eyes brightened above her mask as she pointed out the starspeckled oculus in the apex of the dome 160ft above us. “It’s designed to inspire,” Anthony explained. Her reverence for the building had made 30 April that much more unsettling. A sanctum had been violated – its meaning changed.The structure was an equally potent symbol for the people whose cries she’d heard on the other side of the door, however. On the eve of the rally, Michelle Gregoire, the school bus driver and Home Guard member, had visited the capitol. Wearing a neon safety vest scrawled with “Covid-1984”, she and two friends filming on their phones had climbed a marble staircase to the gallery in the House of Representatives. A sergeant at arms informed them that the legislature was not in session, the chamber closed. “This is our house,” responded one of them, striding past him and sitting on a bench. The chief sergeant at arms, David Dickson, arrived and grabbed the woman by her arm, attempting to remove her.“You are not allowed to touch me!” the woman howled. Dickson turned his attention to Michelle. When she also resisted, he dragged her into the hallway, through a pair of swinging doors. “Stay out,” he told her. That night, the women posted their footage on Facebook, with the caption: “We are living in NAZI Germany!!!” Many of the protesters at the capitol the next day had watched the clips, including the man with the shaved head and blond beard in the viral photograph. He was not accosting the two officers in the image, it turns out – he was shouting at Dickson, who stood behind them, outside the picture’s frame. “You gonna throw me around like you did that girl?” the man was shouting. Other protesters called Dickson and his colleagues “traitors” and “filthy rats”.I left several messages for Dickson at his office, but he never called me back. Eventually, I returned to the capitol and found him standing guard outside the legislature. His hair was starting to grey, and beneath his blazer his collared shirt strained a little at the midriff. In 1974, Dickson had become the first Black deputy in Eaton County. He’d gone on to serve for 25 years as an officer in Lansing. After some polite conversation, I asked whether he thought that any of the visceral acrimony directed at him on 30 April might have been connected to his skin colour and to that of the white women he’d ejected the day before. Dickson frowned. “I don’t play the race card,” he said. Given his deprecating tone, I wondered if he’d been dodging my calls out of concern that I would raise this question. It was a question you could not really help raising in Michigan. To what extent was the exquisite rage behind the anti-lockdown fervour white rage? Dickson had no interest in discussing it. Of his encounter with Michelle, he told me: “I didn’t sleep for weeks. You don’t feel good about those kinds of things.” For others, the answer to the question was self-evident. After 30 April, Sarah Anthony acquired a bulletproof vest. Though she was an optimist by nature, her outlook had dimmed. “People are angry about being unemployed, about having to close their businesses – I get that,” she said. “But there are elements, extremists, who are using this as an opportunity to ignite hate. Hate toward our governor, hate toward government, and also hate toward Black and brown people. These conditions are creating a perfect storm.”The 30 April protest had been organised by a few men on Facebook calling themselves the American Patriot Council. Two and a half weeks later, they held a second demonstration, in Grand Rapids, at a plaza known as Rosa Parks Circle. This time, there were no Confederate flags. On the periphery, dozens of armed white men in tactical apparel surveilled the plaza. A few held flags with the Roman numeral III – a reference to the dubious contention that only 3% of colonists fought the British, and a generic emblem signifying readiness to do the same against the US government. (Americans who displayed the symbol and embraced the mentality that it represented often identified as “Three Percenters”.) Some were Home Guard. Others belonged to the Michigan Liberty Militia, including the heavyset man with the mohawk whose picture Dayna Polehanki had tweeted from the senate floor. He wore a sleeveless shirt and a black vest laden with ammunition. A laminated badge read Security. His habit of pressing a small gadget embedded in his ear with his index and middle fingers felt like an imitation of something he had seen onscreen. He appeared to be having an excellent time.A general atmosphere of cheerful make-believe was accentuated by the presence and intense engagement of actual children. One of them, materialising suddenly, interrupted my conversation with a Home Guardsman: “Excuse me, what kinds of guns are those?”We looked down to find a 10-year-old boy with a businesslike expression.“This is an AK-47,” the Home Guardsman told him.“With a flashlight or a suppressor?”“That’s a suppressor. This is a flashlight with a green dot.”“What pistol is that?”“That is a Glock. A 9mm.”The boy seemed underwhelmed.“I’ve heard a lot of people say that,” he said.“Before you ever pick up a gun, you have to have your 100 hours of safety classes, right?” admonished the Home Guardsman, bristling a little.“I already have them.”The keynote speaker was Dar Leaf, a sheriff from nearby Barry County who had refused to enforce Governor Whitmer’s executive orders. Diminutive, plump and bespectacled, with a startling falsetto and an unruly mop of bright yellow hair, Leaf cut an unlikely figure in his uniform, the baggy brown trousers of which bunched around his ankles. Nevertheless, he promptly captivated his audience by inviting it to imagine an alternate version of the past – one in which Alabama officers, upholding the constitution, had not arrested Rosa Parks. To facilitate the thought experiment, Leaf channelled a hypothetical deputy boarding the bus on which Parks – in the real world – was detained. “Hey, Ms Parks,” said the sheriff, playing the part. “I’m gonna make sure nobody bothers you, and you can sit wherever you want.” The crowd cheered. “Thank you!” a white man cried out.In Alabama, during the 60s, sheriffs and deputies were often more ruthless than their municipal counterparts toward Black citizens. The sheriff Jim Clark led a horseback assault against peaceful marchers on the Edmund Pettus Bridge, in Selma, and habitually terrorised African Americans with a cattle prod that he wore on his belt. Dar Leaf, though, saw himself as heir to a different legacy. According to him, the weaponisation of law enforcement to suppress Black activism arose from the same infidelity to American principles of individual freedom that in our time defined the political left. “I got news for you,” Leaf said. “Rosa Parks was a rebel.”And then, for those minds not yet wrapped around what he was telling them: “Owosso has their little version of Rosa Parks, don’t they? Karl Manke!” The equivalence was all the more incredible given that Leaf belonged to the Constitutional Sheriffs and Peace Officers Association, or CSPOA. The notion of the “constitutional sheriff” had been first promulgated by William Potter Gale, a Christian Identity minister from California. Christian Identity theology held that Europeans were the true descendants of the lost tribes of Israel; that Jews were the diabolic progeny of Eve and the serpent; and that all non-whites were subhuman “mud people”. In the 70s, Gale developed a movement of rural resistance to federal authority that expanded the model of white vigilantism in the south to a national scale, adding to the fear of Black integration the spectre of governmental infiltration by communists and Jews. He called his organisation Posse Comitatus, which is Latin for “power of the county”, and it recognised elected sheriffs as “the only legal law enforcement” in America. Posse Comitatus groups across the country were instructed to convene “Christian common-law grand juries”, indict public officials who violated the constitution, and “hang them by the neck”.Gale’s guidance on what offences merited such punishment was straightforward: any enforcement of federal tax regulations or of the Civil Rights Act. The CSPOA argued that county sheriffs retained supreme authority within their jurisdictions to interpret the law, and that their primary responsibility was to defend their constituents from state and federal overreach. In Grand Rapids, Sheriff Dar Leaf told the anti-lockdowners, “We’re looking at common-law grand juries. I’d like to see some indictments come out of that.” At the end of his speech, he called the Michigan Liberty Militia on to the stage. “This is our last home defence right here,” he said. Glancing at the heavyset man with the mohawk, Leaf added: “These guys have better equipment than I do. I’m lucky they got my back.”Later, while reviewing my videos from Rosa Parks Circle, I noticed a woman with a toothbrush moustache painted on her upper lip. Looking closer, I saw that she also wore a wig. It was brunette and wavy, intended to resemble Governor Whitmer’s hair. The woman wasn’t doing Hitler, in other words: she was doing Whitmer doing Hitler. She would probably have said that she was doing “Whitler”. While comparing pandemic measures to the atrocities of the Third Reich might have constituted its own kind of antisemitism, it also suggested how desperate many anti-lockdowners understood the situation to be. Nazis were a frequent topic of conversation in the barbershop – which, for Karl Manke’s supporters, represented a bulwark against the kind of creeping authoritarianism that had gradually engulfed Germany in the 1930s.Manke himself had a lot to say on the subject. His great-grandfather had immigrated from Germany, and Manke had grown up attending a Lutheran church with services in German. He often cited the victims of the Holocaust as a cautionary tale. “They would trade their liberty for security,” he told a customer one afternoon. “Because the Nazis said to them: ‘Get in these cattle cars, and we’re gonna take you to a nice, safe place. Just get in.’” “I would rather die than have the government tell me what to do,” the man in the chair responded. In mid-May, when Attorney General Nessel suspended his business licence, Manke exclaimed: “It’s tyrannical! I’m not getting in the cattle car!” But the longer I stayed in Michigan, the clearer it became that many anti-lockdowners sincerely placed mask mandates and concentration camps on the same continuum. “This has nothing to do with the virus,” a 68-year-old retiree told me outside the barbershop. “They want to take power away from the people, and they want to control us. We’re never gonna get our freedoms back from this if we don’t stop it now.” Given the stakes, violence was inevitable. “We’re a trigger pull away,” he said. “You’re gonna see it. We’re getting to the point where people have had enough.” We had to raise our voices to hear each other over a Christian family loudly singing hymns. But I had the sense that the retiree would have been yelling anyway. “You got storm troopers coming in here!” he shouted, referencing the officers who’d served Manke with a cease-and-desist order. “They weren’t cops, they were storm troopers! They deserve to wear the Nazi emblem on their sleeves.”When I went back inside, the phone was ringing. An anonymous caller wanted Manke to know that the national guard was on its way. “We need more people,” a customer in a pressed shirt announced. I’d met him earlier. A self-described “citizen scientist”, he’d given me a flier explaining that masks prevented the body from detoxifying and therefore did more harm than good. “If we get more people, we can stand them off,” he told Manke. “I would hope it’s a rumour,” Manke said. “Whatever it is, we could use more people.” “Well, if they come with a tank…”“Like Tiananmen Square!” the citizen scientist agreed. He lapsed into pensive silence, as if calculating how many people it would take to stand off a tank. Finally, a solution occurred to him: “The sheriff can stop them. The sheriff has the power to stop the National Guard, the federal government, everybody.”Someone looked up the number. Reaching a voice mail, the citizen scientist left a message: “Attention, sheriff. We need you over here at the barbershop. Please come here immediately to attend to a situation. We need your help here to defend our constitutional rights. Please hurry up.”After a while, it became apparent that neither the sheriff nor the national guard was coming. I went back outside. The family had stopped singing and was now reciting scripture. Psalm 2: “Why do the nations conspire and the peoples plot in vain?” The patriarch was joined by his son, daughter, and one-year-old grandson. “If there’s children, they won’t shoot tear gas,” he said. “That’s my hope, anyway – if we’re here, they back off.” “Who backs off?” I asked. “The Nazis.”TopicsUS Capitol attackThe ObserverUS politicsMichiganThe far rightPolitics booksextractsReuse this content More

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    Donald Trump reportedly kept hundreds of classified documents at Mar-a-Lago – as it happened

    Despite rules requiring outgoing presidents to turn their materials over to the National Archives, the US government has retrieved more than 300 classified documents from Donald Trump since he left office, beginning with an initial 150 recovered in January, The New York Times reports.The initial release of documents alarmed the justice department, which feared that the former president may have retained secrets that should have been sent to the government after his departure from the White House. It also laid the groundwork for the FBI’s search of Trump’s Mar-a-Lago resort earlier this month, where they turned up even more sensitive materials.Since he left the White House, the report says government record keepers have been concerned about the whereabouts of the several documents from the Trump administration, including a note Barack Obama left his successor, and letters from North Korea’s dictator Kim Jong-un. Those concerns eventually grew into the national security investigation that led to the FBI’s search. Here’s more from Times’ report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The extent to which such a large number of highly sensitive documents remained at Mar-a-Lago for months, even as the department sought the return of all material that should have been left in government custody when Mr. Trump left office, suggested to officials that the former president or his aides had been cavalier in handling it, not fully forthcoming with investigators, or both.
    The specific nature of the sensitive material that Mr. Trump took from the White House remains unclear. But the 15 boxes Mr. Trump turned over to the archives in January, nearly a year after he left office, included documents from the C.I.A., the National Security Agency and the F.B.I. spanning a variety of topics of national security interest, a person briefed on the matter said.
    Mr. Trump went through the boxes himself in late 2021, according to multiple people briefed on his efforts, before turning them over.
    The highly sensitive nature of some of the material in the boxes prompted archives officials to refer the matter to the Justice Department, which within months had convened a grand jury investigation.
    Aides to Mr. Trump turned over a few dozen additional sensitive documents during a visit to Mar-a-Lago by Justice Department officials in early June. At the conclusion of the search this month, officials left with 26 boxes, including 11 sets of material marked as classified, comprising scores of additional documents. One set had the highest level of classification, top secret/sensitive compartmented information.New details emerged about the federal government’s alarm over the trove of documents Donald Trump kept at Mar-a-Lago, which allegedly included secret materials that were supposed to be in the custody of the National Archives. Meanwhile, voters in New York and Florida are casting ballots in primary elections, which will set the stage for showdowns in the November midterms.Here’s a rundown of today’s events:
    Two men were found guilty for plotting to kidnap Michigan governor Gretchen Whitmer in 2020.
    The Republican senator in charge of winning the party a majority in Congress’ upper chamber went on vacation even as GOP candidates appeared to be struggling in key races nationwide.
    The January 6 committee interviewed Trump’s former national security adviser, according to a report.
    In Colorado, a Republican state senator left the party for the Democrats, saying he couldn’t abide by its stance on climate change or its embrace of 2020 election denial.
    He may be a rival of Trump but fellow Republican and Florida governor Ron DeSantis joined in on attacking the FBI for searching the former president’s Mar-a-Lago resort. He also released an advertisement attacking the news media.
    The Internal Revenue Service is launching a safety review after Republicans attacked the agency during their campaign to derail the Biden administration’s plan for lowering healthcare costs and carbon emissions, the Washington Post reports.The plan, dubbed the Inflation Reduction Act and signed into law earlier this month after winning passage in the Democrat-controlled Congress, also allocates $80bn to the IRS over the next 10 years. The tax authority has complained of underfunding, but Republicans seized on the infusion of money to claim that armed agents would soon be going through Americans’ bank accounts. In reality, it’s not yet clear how the funds will be used, and only a minority of the IRS’s employees carry weapons, chiefly those involved in criminal investigations.“We see what’s out there in terms of social media. Our workforce is concerned about their safety,” IRS commissioner Charles Rettig told the Post in an interview. “The comments being made are extremely disrespectful to the agency, to the employees and to the country.” Union officials in the story also say employees are worried about their safety amid the rightwing attacks.Here’s more from the Post’s report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}In a letter to employees sent Tuesday, he wrote that the agency would conduct risk assessments for each of the IRS’s 600 facilities, and evaluate whether to increase security patrols along building exteriors, boost designations for restricted areas, examine security around entrances and assess exterior lighting. It will be the agency’s first such review since the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City in 1995, which killed 168 people.
    “For me this is personal,” Rettig wrote in the letter, which was obtained by The Post. “I’ll continue to make every effort to dispel any lingering misperceptions about our work. And I will continue to advocate for your safety in every venue where I have an audience. You go above and beyond every single day, and I am honored to work with each of you.”Armed … auditors? The IRS becomes the latest target of GOP misinformationRead moreThe United States will as soon as Wednesday unveil $3bn in additional military aid for Ukraine intended to help it withstand a longer conflict with Russia, the Associated Press reports.The funds will bring Washington’s total military assistance to the country to $10.6bn since Biden took office, and pay for new weaponry that Ukraine will take longer to get to the battlefield.Here’s more from the AP:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Unlike most previous packages, the new funding is largely aimed at helping Ukraine secure its medium- to long-term defense posture, according to officials familiar with the matter. Earlier shipments, most of them done under Presidential Drawdown Authority, have focused on Ukraine’s more immediate needs for weapons and ammunition and involved materiel that the Pentagon already has in stock that can be shipped in short order.
    In addition to providing longer-term assistance that Ukraine can use for potential future defense needs, the new package is intended to reassure Ukrainian officials that the United States intends to keep up its support, regardless of the day-to-day back and forth of the conflict, the officials said.
    NATO Secretary-General Jens Stoltenberg noted the more extended focus Tuesday as he reaffirmed the alliance’s support for the conflict-torn country.
    “Winter is coming, and it will be hard, and what we see now is a grinding war of attrition. This is a battle of wills, and a battle of logistics. Therefore we must sustain our support for Ukraine for the long term, so that Ukraine prevails as a sovereign, independent nation,” Stoltenberg said, speaking at a virtual conference about Crimea, organized by Ukraine.Florida senator Rick Scott is the man charged with leading the Republican party’s campaign to win a majority in the chamber, but Axios is reporting today that he’s on vacation in Italy amid mounting signs that GOP candidates are struggling in key races nationwide.That news of the senator’s whereabouts leaked shows just how upset GOP lawmakers are with Scott, who chairs the National Republican Senatorial Committee. The party’s candidates are struggling in states where they shouldn’t. Consider the situation in Ohio, which has increasingly trended towards the GOP in recent years but where a Republican Super Pac just spent $28m to support JD Vance’s flagging Senate campaign.The Senate’s Republican leader Mitch McConnell has also taken to repeating that if he has a majority in the chamber next year, he expects it will be slim – not exactly a sign of confidence in the party’s chances.“If House Republicans coast to victory while Senate Republicans fail to pick up the one seat necessary to win a majority, Scott is poised to be the GOP’s fall guy. It would be a rare setback for the Florida politician, who has beaten long odds before and boasts an undefeated record in his own campaigns,” as Axios puts it.Last week, Florida governor Ron DeSantis traveled to Ohio to campaign for JD Vance, the Republican candidate for the state’s open Senate seat. Journalists obviously wanted to attend, but there was a catch. In fact, there was more than one.The organizers of the event, Trump-aligned Turning Point Action, put in place a host of restrictions affecting who reporters could talk to and where they could do it. They also required them to share any video shot during the event for promotional use.Normally, the Cleveland Plain Dealer would send its reporters to this sort of event, but in a strongly worded editorial, the newspaper’s editor Chris Quinn pointed to the rules and said none of his reporters would attend. He also warned voters about what DeSantis and Vance’s apparent acceptance of these restrictions said about their approach to press freedom:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Florida Gov. Ron DeSantis, a likely presidential candidate in 2024, scheduled a trip to Ohio Friday to stump for Senate candidate J.D. Vance, and our reporters were not there because of ridiculous restrictions that DeSantis and Vance placed on anyone covering the event.
    The worst of the rules was one prohibiting reporters from interviewing attendees not first approved by the organizers of the event for DeSantis and Vance. When we cover events, we talk to anyone we wish. It’s America, after all, the land of free speech. At least that’s America as it exists today. Maybe not the America that would exist under DeSantis and Vance.
    Think about what they were doing here. They were staging an event to rally people to vote for Vance while instituting the kinds of policies you’d see in a fascist regime. A wannabe U.S. Senator, and maybe a wannabe president.
    Another over-the-top rule was one reserving the right to receive copies of any video shot of the event for promotional use. That’s never okay. News agencies are independent of the political process. We do not provide our work product to anyone for promotional use. To do so would put us in league with people we cover, destroying our credibility.
    Yet another of the rules reserved the right to know in what manner any footage of the event would be used. We are news people. We use footage on news platforms. But this rule set up a situation in which reporters could be grilled on their intentions.
    I’m scratching my head over one other rule, one that prohibited reporters from entering the hotel rooms of any attendees of the event. If someone invites a reporter into a hotel room for an interview, what’s the harm?
    Anyway, we didn’t accept the limitations, because they end up skewing the facts. If we can speak only with attendees chosen by the candidate, we don’t get a true accounting of what people thought of the event. You get spin from the most ardent supporters.The January 6 committee hasn’t held a hearing in a month and Congress is on recess, but NBC News has details of what their investigators are up to.The panel has interviewed Robert O’Brien, Donald Trump’s national security adviser for the final part of his term, including when the Capitol was attacked:SCOOP: The Jan 6 committee interviewed former national security adviser Robert O’Brien TODAY, 2 sources familiar with the panel’s work confirmed to @NBCNewsThe interview was scheduled for 11:00AM remotely W/ @alivitali— Haley Talbot (@haleytalbotnbc) August 23, 2022
    The January 6 committee has said it will resume public hearings in September.Speaking of Ron DeSantis, Gloria Oladipo reports that the Florida governor has released a new advertisement attacking the news media:Governor Ron DeSantis of Florida on Monday released a campaign advertisement drawing on the movie franchise Top Gun to attack the news media.The ad is the latest stunt by DeSantis to promote far-right talking points before Tuesday’s statewide primary and a possible future run for the Oval Office in 2024.In the parody, posted to Twitter, DeSantis wears a bomber jacket similar to outfits worn by the Top Gun star Tom Cruise in the franchise’s two films and discusses “taking on the corporate media” in an airbase.“The rules of engagement are as follows: number one – don’t fire unless fired upon, but when they fire, you fire back with overwhelming force,” DeSantis says in the video. “Number two – never ever back down from a fight. Number three – don’t accept their narrative.”Florida governor Ron DeSantis attacks media in ‘Top Gun’ campaign adRead moreWhen they choose their governorship candidate, Florida Democrats will find a familiar name on their ballots: Charlie Crist. A former Republican governor turned Democrat who is now a House representative, he could become the party’s choice to take on Ron DeSantis. Crist spoke with the Guardian’s Oliver Laughland ahead of the vote:Charlie Crist exuded a smooth confidence as he bounded into the room, a conference hall at a teachers union building in downtown Tampa, Florida, earlier this month.He may be facing a primary election to be the Democratic candidate in the next gubernatorial election, but Crist’s focus seems already set on the general in November – and the far-right Republican governor, Ron DeSantis, he hopes to unseat.“He’s the most arrogant governor I’ve ever seen in my life,” Crist said to the assembled teachers who nodded in agreement. “It is shocking, it really is. Enough is enough.”As primary voters in the state cast their ballots today, polls forecast that Crist, a Florida political mainstay, is likely to win by a substantial margin against his closest Democratic opponent, the state’s agriculture commissioner, Nikki Fried.‘He’s a wannabe dictator’: Democrat has DeSantis in his sights in Florida primaryRead moreDemocratic voters in part of New York City today will be asked to choose a House representative from two ageing lawmakers who have become fierce rivals, as well as a young challenger.CNN has published a well-done look at the contenders in the district representing Manhattan’s upper east and west sides. Carolyn Maloney is the chair of the House oversight committee but, as the network found out, apparently doesn’t appreciate oversight from reporters:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Maloney has dodged questions about her comments and her aides have refused to give almost any information about her whereabouts in the closing days of the campaign, arguing that she changes her mind too much to keep track of her. When a CNN reporter tracked her down on Monday at a campaign stop on the Upper West Side to ask her about her comments, she began running down the sidewalk to a waiting car, while one of her daughters repeatedly positioned herself with her hands and legs out in an attempt to block any further questions.Maloney has lately been in the news for comments suggesting Joe Biden won’t run for a second term. The lawmaker has also leveled several attacks against Jerry Nadler, chair of the House judiciary committee, who is seen as her chief rival for the seat:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Maloney has told people privately that Nadler is “half dead” and insinuated he won’t be healthy enough to finish another term if he wins, and people associated with her campaign have suggested that Nadler secretly briefly lost consciousness at a campaign stop last week. (His campaign has said that rather than losing consciousness, he tripped on a subway grate.) She’s also urged voters to read a New York Post editorial that called Nadler “senile” and questioned his grip on reality.She didn’t want to answer questions about that, either:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}When asked why she called Nadler “half dead,” Maloney closed the door of the car and waved goodbye. An hour earlier, finishing her only announced campaign stop of the day before the primary, she also closed the door when another reporter asked if she thinks Nadler is senile.CNN reports that, for a New Yorker, Nadler is running a remarkably low-key campaign:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Nadler has not been seen much lately – he had a single public event on Monday, his first since Saturday morning, which is a remarkably sparse schedule for a dense urban district where standing on a street corner can mean meeting dozens of voters in just a few minutes. He’s developed some trouble walking over the years due to arthritis, and he’s been spotted appearing to fall asleep. Commentators noted his lethargic performance at one of the candidate debates.
    On Monday, Nadler stood in suspenders in front of the famous Fairway supermarket, in the heart of the Upper West Side, handing out campaign flyers and somewhat sheepishly trying to get shoppers’ attention, saying, “Hi, I’m Congressman Nadler,” to each.The third Democrat in the race is Suraj Patel, who has twice challenged Maloney unsuccessfully, and at 38 years old, presents quite a contrast to the two sitting representatives, who are both in their 70s. Here’s what he has to say:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}“The time is different. People feel like the status quo in Washington is broken. And what I’ve learned over the course of the race is people feel like the status quo in New York is broken,” Patel said Sunday afternoon, sipping a beer at a standing table in the Chelsea neighborhood between a full day of campaign stops. “It’s given us the license to both be the serious campaign with policy positions for the future, but also to be the light at the end of the tunnel.”Whitmer responds to guilty verdicts in kidnap plotMichigan governor Gretchen Whitmer has responded to the guilty verdicts for two men now convicted of a kidnapping plot against her.She said: “I ran for office because I love my fellow Michiganders and my home state with all my heart. I always will. I will not let extremists get in the way of the work we do. They will never break my unwavering faith in the goodness and decency of our people.”And added: “Today’s verdicts prove that violence and threats have no place in our politics and those who seek to divide us will be held accountable. They will not succeed. But we must also take a hard look at the status of our politics.”Kristi Noem in ethics fightSouth Dakota governor Kristi Noem is often touted as a rising star of the Republican party as a staunch Trumpist who governs her huge and rural state with a firm rightwing hand.But she has some serious ethics issues to deal with, the Associated Press reports.The AP says: “A South Dakota ethics board on Monday said it found sufficient information that Gov. Kristi Noem may have “engaged in misconduct” when she intervened in her daughter’s application for a real estate appraiser license, and it referred a separate complaint over her state airplane use to the state’s attorney general for investigation.”In a possibly worrying development for Noem (a close ally of Trump sometimes touted as his potential running mate if a 2024 bid emerges) the agency adds: “The three retired judges on the Government Accountability Board determined that “appropriate action” could be taken against Noem for her role in her daughter’s appraiser licensure, though it didn’t specify the action.”More details follow: “The AP first reported that the governor took a hands-on role in a state agency soon after it had moved to deny her daughter’s application for an appraiser license in 2020. Noem had called a meeting with her daughter, the labor secretary and the then-director of the appraiser certification program where a plan was discussed to give the governor’s daughter, Kassidy Peters, another chance to show she could meet federal standards in her appraiser work.”Trump portrait at Smithsonian funded by own PacPolitico reports that Donald Trump’s presidential portrait at the Smithsonian Museum in Washington DC will be mostly funded by his own Super Pac – a situation unique in the annals of the institution.The news website says:“The $650,000 donation last month from the Save America PAC – an organization controlled by Trump himself – was unprecedented, as no other political action committee has funded a presidential portrait in the past, Smithsonian spokesperson Linda St Thomas said.”It adds:“The Smithsonian has been raising money for commissions of outgoing presidential portraits since George H.W. Bush’s portrait. All presidential portraits in the National Portrait Gallery were paid for by private money through the museum, St Thomas said.”Student loan announcement now imminentAn announcement on forgiving some student loan debt appears to be set for Wednesday, according to the Washington Post political team.Earlier the paper had reported there was a White House “feud” over the issue, saying: “The White House’s close allies are feuding over whether the administration should cancel up to $10,000 in student debt for millions of American borrowers.”It added: “Internal White House discussions have centered on temporarily extending that pause and simultaneously canceling $10,000 per borrower for those below an income threshold, but the president has not yet communicated a decision, according to two people familiar with the matter, speaking on the condition of anonymity to reflect private conversations. Another person familiar with the talks said $10,000 is among the options being considered.”But according to a tweet from WashPo reporter Jeff Stein, Biden has now made his mind up. Stein says: “UPDATE: President Biden’s long-awaited student loan announcement IS coming tomorrow, ppl tell me & @DaniDougPost Parameters TBD but WH has been looking at $10K in cancelation per borrower under $125K/yr”New details emerged about the federal government’s alarm over the trove of documents Donald Trump apparently kept at Mar-a-Lago, which allegedly included secret materials that were supposed to be in the custody of the National Archives. Meanwhile, voters in New York and Florida are casting ballots in primary elections that will set the stage for general election showdowns in the November midterms.Here’s a rundown of the day’s events:
    Two men were found guilty for plotting to kidnap Michigan governor Gretchen Whitmer in 2020.
    In Colorado, a Republican state senator left the party for the Democrats, saying he couldn’t abide by its stance on climate change or its embrace of 2020 election denial.
    He may be a rival of Trump but fellow Republican and Florida governor Ron DeSantis joined in on attacking the FBI for searching the former president’s Mar-a-Lago resort.
    Ron DeSantis may be a possible contender against Donald Trump for the Republican presidential nomination in 2024, but that hasn’t stopped him from joining in on criticizing the FBI for its search of Mar-a-Lago.He was on Fox News claiming that the bureau has become politicized, but declined to say whether he’d spoken to Trump recently:Gov. Ron DeSantis (R-FL) baselessly attacks the FBI as the “enforcement arm of one particular faction of our country” after the lawful search of Mar-a-Lago:“I haven’t read the motion in terms of what was going on, but clearly federal agencies … have been weaponized.” pic.twitter.com/jsP1Ot2MZF— The Recount (@therecount) August 23, 2022
    A jury has found two men guilty of plotting to kidnap Michigan’s Democratic governor Gretchen Whitmer in 2020, according to the Associated Press.Here’s more from their report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The jury also found Adam Fox and Barry Croft Jr. guilty of conspiring to obtain a weapon of mass destruction, namely a bomb to blow up a bridge and stymie police if the kidnapping could be pulled off at Whitmer’s vacation home.
    Croft, 46, a trucker from Bear, Delaware, was also convicted of another explosives charge.
    It was the second trial for the pair after a jury in April couldn’t reach a unanimous verdict. Two other men were acquitted and two more pleaded guilty and testified for prosecutors.
    The result was a victory for the government following the shocking mixed outcome last spring.
    “You can’t just strap on an AR-15 and body armor and go snatch the governor,” Assistant U.S. Attorney Nils Kessler told jurors.
    “But that wasn’t the defendants’ ultimate goal,” Kessler said. “They wanted to set off a second American civil war, a second American Revolution, something that they call the boogaloo. And they wanted to do it for a long time before they settled on Gov. Whitmer.”
    The investigation began when Army veteran Dan Chappel joined a Michigan paramilitary group and became alarmed when he heard talk about killing police. He agreed to become an FBI informant and spent summer 2020 getting close to Fox and others, secretly recording conversations and participating in drills at “shoot houses” in Wisconsin and Michigan.
    The FBI turned it into a major domestic terrorism case with two more informants and two undercover agents embedded in the group.
    Fox, Croft and others, accompanied by the government operatives, traveled to northern Michigan to see Whitmer’s vacation home at night and a bridge that could be destroyed.
    Defense attorneys tried to put the FBI on trial, repeatedly emphasizing through cross-examination of witnesses and during closing remarks that federal players were present at every crucial event and had entrapped the men.
    Fox and Croft, they said, were “big talkers” who liked to smoke marijuana and were guilty of nothing but exercising their right to say vile things about Whitmer and government. More

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    Liz Cheney loses Wyoming Republican primary to Trump-endorsed rival

    Liz Cheney loses Wyoming Republican primary to Trump-endorsed rivalThe vice-chair of the House January 6 panel faced retribution from state voters for going against the former president Liz Cheney has paid the price for her staunch opposition to Donald Trump’s assault on US democracy by losing her seat in Congress to a challenger backed by the former president.In praise of Liz Cheney. May we have more politicians like her | Robert ReichRead moreThe vice-chair of the January 6 committee was beaten by a conservative lawyer, Hageman – who has echoed Trump’s false claims of widespread voter fraud – in a Republican primary election to decide Wyoming’s lone member in the House of Representatives.Conceding defeat in a speech in Jackson, she said: “No House seats, no office in this land is more important than the principles we are all sworn to protect. And I well understood the potential political consequences of abiding by my duty.“Our republic relies upon the goodwill of all candidates for office to accept honorably the outcome of elections. And tonight, Harriet Hageman has received the most votes in this primary. She won.“I called her to concede the race this primary election is over. But now the real work begins.”Widely predicted by opinion polls, the result continues a winning streak for Trump-endorsed candidates in congressional primaries and deals a blow to the last vestiges of the Republican party establishment.It would have been unthinkable just a few years ago in Wyoming, a deeply conservative state where the Cheney family has been seen as political royalty.The three-term congresswoman’s father, Dick Cheney, represented the state in the US House for a decade before becoming defense secretary under George HW Bush from 1989 to 1993 and vice-president under George W Bush from 2001 to 2009.Supporting his daughter this month, Dick Cheney called Trump the greatest “threat to our republic” in American history.He also said he was proud of his daughter “for standing up to the truth, doing what’s right, honoring her oath to the constitution when so many in our party are too scared to do so”.But Liz Cheney’s crusade against Trump during the January 6 committee’s televised hearings angered local Republicans, who accused her of putting her national career ambitions ahead of Wyoming constituents.She was praised by Democrats and independents for taking a principled stand despite the likelihood it would prove an act of political self-sacrifice.Leading Republicans were eager to celebrate Cheney’s defeat.In a statement released before the race was called, Elise Stefanik of New York, who replaced Cheney as the No3 House Republican, said: “Congratulations to Harriet Hageman on her massive Republican primary victory in Wyoming over Nancy Pelosi’s puppet Liz Cheney.“… Harriet is a true America First patriot who will restore the people of Wyoming’s voice, which Liz Cheney had long forgotten”.Ronna McDaniel, chair of the Republican National Committee, followed suit, saying Hageman would “make Wyoming proud”.The Lincoln Project, an anti-Trump group formed by disaffected conservatives, said: “Tonight, the nation marks the end of the Republican party.“What remains shares the name and branding of the traditional GOP, but is in fact an authoritarian nationalist cult dedicated only to Donald Trump.” More details soon …TopicsUS midterm elections 2022US CongressHouse of RepresentativesRepublicansUS politicsUS Capitol attackJanuary 6 hearingsnewsReuse this content More

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    Judge to consider unsealing Trump search affidavit as legal worries mount

    Judge to consider unsealing Trump search affidavit as legal worries mountJustice department says making Mar-a-Lago affidavit public could jeopardize investigation as White House lawyers receive subpoenas in separate case A federal judge in Florida will hear arguments on Thursday over whether to make public an affidavit used to justify a search of Donald Trump’s Florida estate, as broadening legal disputes on multiple fronts intensify against the former president and his allies.Justice department asks not to disclose affidavit behind Mar-a-Lago searchRead moreIn a 13-page filing on Monday, the justice department objected to efforts to unseal the document, arguing that doing so would “jeopardize the integrity of this national security investigation” into Trump’s handling of some of the government’s most closely held records after leaving the White House. The prosecutors said that the affidavit that gave the FBI probable cause to search Trump’s Mar-a-Lago resort contained sensitive information about witnesses who are key and acknowledged that its investigation involved “highly classified material”.Bruce Reinhart, the federal magistrate judge who signed off on the search warrant, will decide whether to publish the affidavit, which would provide more details about the investigation and the FBI’s search of Trump’s private residence. Trump and his allies, including some members of Congress, have also pushed for the release of the affidavit.But the prosecutors said the affidavit should not be unsealed because that could reveal the scope of the investigation into Trump’s unauthorized retention of classified White House records.“The affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course,” prosecutors wrote. They also argued that releasing the document could compromise the continuing investigation.“Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations,” prosecutors added.Last week, Reinhart agreed to unseal the search warrant and a list of items removed from the property after the justice department, in a rare move, asked for the documents to be made public given the “substantial public interest” in the investigation. Trump did not oppose the release of the materials, which he had refused to disclose publicly.FBI agents seized about 20 boxes of materials, among them documents designated “top secret”, a grant of clemency for Trump’s close ally, Roger Stone, and information related to the “president of France”, according to the list of items removed from the property. The search warrant, unsealed on Friday, revealed that federal agents were investigating potential violation of the Espionage Act, among other laws.Trump has sought to cast himself as a victim of a political witch-hunt designed to keep him from running for office, even as his campaign gleefully shares news stories claiming his recent legal troubles have only served to strengthen his support.The tussle over the affidavit is only the latest in a series of legal obstacles that could trip up Trump and his closest allies.This week, Trump’s former attorney Rudy Giuliani was informed that he is a target of a criminal investigation in Georgia related to efforts by the former president and his legal team to invalidate Joe Biden’s electoral victory in the state. The notification came as a federal judge rejected an attempt by the Republican senator Lindsey Graham, another prominent Trump ally, to avoid testifying in the same investigation before the special grand jury in Atlanta.As his personal lawyer, Giuliani led the efforts to keep Trump in power, which included brazen attempts to overturn the results of elections in key states that Trump lost. Giuliani, the former mayor of New York City, is scheduled to testify before the special grand jury in Atlanta on Wednesday. He is expected to invoke attorney-client privilege on questions related to his discussions with Trump over those efforts, the Guardian has reported.Meanwhile, Trump took a similar approach when questioned under oath last week in New York state’s long-running civil investigation into his business practices. In a statement, Trump claimed to have done nothing improper but invoked his fifth amendment right against self-incrimination.And all that comes against the backdrop of the justice department’s intensifying investigation into the January 6 attack on the US Capitol and Trump’s attempts to reverse his defeat. The New York Times on Monday reported that Eric Herschmann, a lawyer who worked in the Trump White House, had been subpoenaed by a federal grand jury. Pat Cipollone, who served as White House counsel, has also received a subpoena, according to the Times.Trump and his allies have attacked the various legal investigations as politically motivated and denied wrongdoing.TopicsDonald TrumpUS Capitol attacknewsReuse this content More

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    Secret Service watchdog suppressed memo on January 6 texts erasure

    Secret Service watchdog suppressed memo on January 6 texts erasureOfficials at the DHS’s office of inspector general said their attempts to inform Congress in April were thwarted Top career officials at the Department of Homeland Security’s office of inspector general tried to alert Congress in April that Secret Service texts from the time of the January 6 Capitol attack had been erased, but their efforts were nixed by its leadership, documents show.House panels: DHS officials interfered in effort to get lost Secret Service textsRead moreThe officials inside the inspector general’s office – the chief watchdog for the Secret Service – prepared a memo that detailed how the Secret Service was resisting the oversight body’s review into January 6, and delayed informing it about the lost texts.But after the memo was emailed to the DHS inspector general Joseph Cuffari’s chief of staff, its contents were never seen again, and the disclosure about the erased text messages was never included in Cuffari’s semi-annual report to Congress about oversight work.The revelation shows that the Secret Service only admitted texts from January 6 were lost months after they were requested by the inspector general’s office, and that Cuffari might have violated federal law in not reporting the matter in the report to Congress.As noted in the memo, obtained by the Project on Government Oversight and reviewed by the Guardian, the Inspector General Act of 1978 required Cuffari to report “significantly delayed access to information, including the justification of the establishment for such action”.The circumstances around the erasure of the Secret Service texts have become central to the congressional probe by the House January 6 select committee, as it examines how agents and leaders planned to move Donald Trump and Mike Pence as violence unfolded at the Capitol.The Secret Service is a division of DHS, and the chairman of the select committee Bennie Thompson in recent weeks has escalated the loss of the texts with the secretary of the Department of Homeland Security, Alejandro Mayorkas, according to sources familiar with the matter.Thompson has spoken with Mayorkas at least twice, the sources said, and the secretary has deputized an attorney in the DHS counsel’s office to oversee the transfer of materials from the agency to Congress, as investigators examine whether the texts can be reconstructed.The memo – approved by the DHS office of counsel, the office of investigations, as well as the office of inspections – is particularly significant because it amounted to a compendium of efforts by the Secret Service to seemingly stymie the review.“Secret Service has resisted OIG’s oversight activities and continued to significantly delay OIG’s access to records, impeding the progress of OIG’s January 6, 2021 review,” the memo said.Secret Service interviewees, the memo said, regularly indicated that they would not provide documents to the DHS inspector general’s office unless they first went through an internal review, a move potentially in violation of the Inspector General Act.The memo also noted that on multiple occasions, when the Secret Service produced documents months after they were requested, they contained redactions. The Secret Service did not indicate who approved or applied the redactions or why they were made, the memo said.Finally, career officials inside the DHS inspector general’s office wrote, the Secret Service claimed they could not access crucial texts from January 6 because of an April 2021 phone system migration that wiped all data from the devices of agents.The memo was sent to an office overseen by Cuffari’s chief of staff, Kristen Fredericks, on 1 April 2022, according to materials reviewed by the Guardian, so that it could be included in the DHS inspector general’s report to Congress – only for it to be excluded.TopicsSecret ServiceUS Capitol attackJanuary 6 hearingsUS politicsnewsReuse this content More

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    Wednesday briefing: Could the FBI search of Mar-a-Lago be a gamechanger?

    Wednesday briefing: Could the FBI search of Mar-a-Lago be a gamechanger?In today’s newsletter: After Donald Trump’s Florida home is ‘raided’, legal experts weigh in on whether the documents retrieved could rule him out of a comeback in the 2024 presidential election

    Sign up here for our daily newsletter, First Edition
    Good morning – and apologies for the unfamiliar name in your inbox. With Archie away, they’ve given me a go at First Edition this morning. And where else to start but with Donald Trump and his run-in with the FBI.The Feds weren’t searching for the “love letters” from Kim Jong-un. Those had already been returned by Trump after a back-and-forth with the US National Archives. Nonetheless, when federal investigators raided the former US president’s Mar-a-Lago residence on Monday, they were still looking for documents related to his time in office.Trump has no shortage of legal troubles, but the FBI search was a sharp escalation in the investigation into Trump’s potentially unlawful removal and destruction of White House records after he left office in 2021. And it’s likely to have consequences for the 2024 presidential election – whether the FBI’s action produces criminal charges or not.But why is it happening now and is there actually a chance Trump could be prevented from running for office again? All that, after the headlines.Five big stories
    Cost of living | Boris Johnson has said he is “absolutely certain” his successor will offer help to households, as annual bills were forecast to top £4,200 by January. Tory leadership hopeful Liz Truss, meanwhile, rejects energy bill help as “Gordon Brown economics”.
    Sport | Serena Williams, one of the greatest athletes of all time and a 23-time grand slam singles champion, has announced that she is retiring from professional tennis.
    Climate crisis | The UK is braced for drought conditions until October, with rivers forecast to be low and exceptionally low in central and southern England, according to the UK Centre of Ecology and Hydrology.
    Russia | A Russian airbase in Crimea has been damaged by several large explosions, killing at least one person; it is unknown if it was the result of a long-range Ukrainian missile strike.
    Royal Mail | More than 115,000 UK postal workers are to stage a series of strikes in the coming weeks; the Communication Workers Union (CWU) said it would be the biggest strike of the summer so far to demand a “dignified, proper pay rise”.
    In depth: ‘You don’t start something you can’t finish’Of course, Trump reacted with trademark calm as the FBI marched through Mar-a-Lago. Actually, in a hyperbolic statement, he expressed his anger at the raid: “Such an assault could only take place in broken, Third-World Countries. Sadly, America has now become one of those Countries, corrupt at a level not seen before. They even broke into my safe!”Trump went on to compare the FBI search to Watergate, where individuals with ties to Richard Nixon’s re-election committee burgled the Democratic National Committee headquarters at the Watergate office building in Washington. The former president isn’t totally off to draw on that reference point: the raid took place on the anniversary of Nixon’s resignation in 1974; and Trump is suspected of breaking a law, the Presidential Records Act, brought in during the late 1970s to stop post-Nixon presidents tampering with presidential records.But it’s unlikely that Trump and I talk to the same legal experts.What happenedAgents at the FBI, the US federal crime agency, executed a search warrant at Trump’s home at the Mar-a-Lago resort, Florida, at about 9am on Monday. Sources familiar with the matter told the Guardian that the raid was part of an investigation into the former president’s removal and destruction of White House records after he left office in 2021.Trump was golfing in New Jersey when the search took place. Speaking to Fox News, Trump’s son Eric said he had told his father that the search was taking place and that it was related to presidential documents.This is not the first time that Trump’s treatment of official documents – which presidents are required to preserve – has made the news (see recent pictures of ripped-up notes in the bottom of toilet bowls, above). But it is a significant escalation in the affair.Why the raid took placeThe FBI had a search warrant, issued by a federal judge in Florida. The application for the warrant would have detailed why the bureau wanted access to the property and the type of evidence it expected to find. It also should have specified the items to look for and seize.“The Department of Justice knows that initiating an investigation of a past president, especially one who is still politically active, will be a powder keg,” says Christopher Slobogin, professor of law at Vanderbilt University. “It also knows that if no charges are forthcoming, the department will have major egg on its face given the high-profile nature of this case. You don’t start something like this you can’t finish. The federal judge who issued the warrant knows all of this. So I assume both the DOJ and the judge made absolutely sure they had crossed all their Ts and dotted all their Is before moving forward.”It is not clear whether that warrant was directly related to the apparent disappearance of evidence linked to the 6 January 2021 riot on Capitol Hill. Bob Woodward, of Watergate scoop fame, reported in March that call logs turned over to the House committee investigating the insurrection had an unexplained gap of seven hours and 37 minutes covering the period when the violence was unfolding.But we do know that in February the US chief archivist wrote to Congress. In that letter, he confirmed that the National Archives and Records Administration (Nara), which looks after presidential documents and records, had found classified documents in 15 boxes of materials taken to – and then returned from – Mar-a-Lago. It had then informed the justice department. “Because Nara identified classified information in the boxes, Nara staff has been in communication with the Department of Justice,” wrote the chief archivist, David Ferriero.The oversight committee at the House of Representatives has also opened a separate investigation that noted “removing or concealing government records is a criminal offense”.Christina Bobb, a Trump lawyer and TV host, said she had seen the contents of the search warrant and that the agents were looking for presidential records or classified material. She added that agents seized around a dozen boxes during the raid. The warrant stating the grounds for the search would have been left at Mar-a-Lago when the FBI gained access to the property.In terms of what happens next, Slobogin adds: “The DOJ will look over what it finds, combine it with what it already has, perhaps conduct other searches or seek subpoenas, and then decide whether it wants to proceed to a grand jury, which will decide whether formal criminal charges, in the form of an indictment, should be brought.”What is the Presidential Records Act?Trump has Richard Nixon to thank for the PRA. Congress moved to stop the disgraced ex-president – I’m referring to Nixon here, btw – from destroying his records by passing the Presidential Recordings and Materials Preservation Act.Its descendant is the 1978 Presidential Records Act, which requires presidents and vice-presidents to preserve their records. Those records include everything from official documents to handwritten notes, phone logs, tapes and emails. Destruction of a document requires the archivists’ permission.The purpose of the act, among other things, is to help congress and law enforcement investigate wrongdoing, to keep a record of presidential history and help subsequent incumbents in the White House understand what their predecessors had been up to. The Washington Post reported that Trump was warned about the act early on in his presidency, when his first two chiefs of staff expressed concern about documents being ripped up.On Monday, photographic evidence emerged of wads of paper in White House toilets, embellished with what appeared to be Trump’s telltale handwriting and inscribed with his favourite type of pen: a Sharpie. The photographs were released by the Axios news site in advance of the publication of Confidence Man, a book by the New York Times journalist Maggie Haberman.What it means for Trump and re-electionIt is worth taking a look at US federal law, specifically section 2071 of title 18 of the United States Code. Whoever “wilfully and unlawfully conceals, removes, mutilates, obliterates, or destroys” a government record or document faces a fine or a three-year jail sentence.But here’s the kicker: if you’re convicted, you shall be “disqualified from holding any office under the United States”.This where the raid could be a gamechanger, according to Marc Elias, who was the top lawyer for Hillary Clinton’s 2016 presidential campaign. On Twitter, he flagged the disqualification provision in section 2071 and called the search a “potential blockbuster in American politics”. So could Trump be ruled out of a comeback in the 2024 presidential election?Don’t punch the air just yet. Trump would have to be convicted first and, even then, there are strong legal arguments that the US constitution, not criminal law, sets eligibility criteria for the highest office in the land. Elias admitted later that an attempt to disqualify Trump would be challenged on that basis – it’s a question that could go all the way to the supreme court (which has three Trump appointees on it). Still, he adds, get the popcorn out.What Republicans thinkAs you would expect, Trump’s base has been energised by this. Congresswoman Marjorie Taylor Greene, the extreme rightwing Republican who doesn’t do civic discourse, variously tweeted “DEFUND THE FBI” and “Save America STOP COMMUNISM! Impeach Joe Biden!!”Accusations of a politically motivated stitch-up flew immediately, with the chairwoman of the Republican National Committee, Ronna McDaniel, describing the raid as an “abuse of power”.She added: “Absolute power corrupts absolutely. Countless times we have examples of Democrats flouting the law and abusing power with no recourse. Democrats continually weaponize the bureaucracy against Republicans …”Such language helps position Trump, once again, as an anti-establishment figure being denied a rightful crack at the presidency by those bad people at the Department of Justice and elsewhere. Hours after fulminating at the search, he posted a campaign video on his Truth Social network. It was filmed before the search but contained lines that will be an obvious narrative for a presidential run.“We’re a nation that has weaponized its law enforcement against the opposing political party like never before. We’ve never seen anything like this. We’re a nation that no longer has a free and fair press. Fake news is about all you get. We are a nation where free speech is no longer allowed.”Barack Obama’s former strategy guru, David Axelrod, knows a thing or two about when a political narrative is being shaped. “This is why Trump is going to run. He wants to portray any criminal probe or prosecution as a plot to prevent him from once again becoming Potus. Many of his followers will believe it – as they did his lies about the last election.”Our Washington DC bureau chief, David Smith, says the FBI action already seems to have galvanised Trump and the Republican party. “The general rule with Trump is, what does not kill him makes him stronger. In the hours since news of the FBI raid emerged, it’s been unnerving to see the Republican party rally around him. Even foes such as Mitch McConnell, the Senate minority leader, and Mike Pence, the former vice-president who split with Trump over the January 6 insurrection, have expressed concern over the FBI’s actions and demanded answers.“Potential rivals for the 2024 Republican nomination such as Florida governor Ron DeSantis have done likewise, asserting without evidence that it’s political persecution by the ‘deep state’ – the word of the day has been ‘weaponisation’. They realise they have to stay in lockstep with the Make America Great Again base,” says Smith. “And Trump and other Republicans are fundraising off the raid. It’s been galvanising for him and increases the likelihood of him running for president again – unless, of course, he is prosecuted, charged and put on trial.”Perhaps the search could end up being to Trump’s benefit.What else we’ve been reading
    Steve Jobs’s favourite designer and king of micro-pleating, Issey Miyake, died yesterday. I learned much about him in this warm tribute in Esquire. Hannah J Davies, deputy editor, newsletters
    Shaun Walker spoke with Ukrainian refugees in Warsaw and Budapest – many of them women, children and elderly people – about their anguish at being away from home and their new lives in safe houses and shelters. Craille Maguire Gillies, production editor, newsletters
    I am a lifelong lover of the humble spud – fried, roasted or otherwise. Nigel Slater’s recipe for warm potato salad with smoked salmon is everything that I love about his cooking: classy comfort food that makes life feel better and, says Slater, “sumptuous” in a wrap. Hannah
    Saudi crown prince Mohammed bin Salman’s insatiable ambition is put in chilling context by the Economist in its Editor’s Picks podcast, a weekly selection of stories from the magazine. Craille
    The Guardian’s chief culture writer Charlotte Higgins writes entertainingly about seeing her 2013 book Under Another Sky: Journeys in Roman Britain reimagined on stage – as a romcom. Hannah
    SportAthletics | Jessica Ennis-Hill’s former coach Toni Minichiello has been banned for life from training athletes after an investigation found he had engaged in sexually inappropriate behaviour, emotional abuse and bullying.Football | Rangers have reached the Champions League play-off with a thrilling 3-0 win over Union Saint-Gilloise to go through on a 3-2 aggregate.Tennis | Tumaini Carayol pays tribute to one of the greatest athletes ever, after Serena Williams announced her decision to retire from sport: “Over her 27‑year career, Williams set the marker that matters for all who follow her, no asterisks needed.” The front pagesThe Guardian’s lead today is “Johnson: new PM ‘certain’ to bail out households over cost of living”. The Metro has “Wake up zombies” as Martin Lewis the “consumer champ” calls for the government to act over energy bills. The i says “Truss softens on ‘handouts’ for cost of living” while the Express offers its endorsement – “In Liz we trust” – leading with a comment piece to that effect by Leo McKinstry. The Times has “Universities blacklist ‘harmful’ literature”. The Telegraph has “Inflation stealth tax of £30bn looms” – it says millions of people face being dragged into higher tax bands. The Financial Times reports “New powers to override City regulators win Truss backing”, which it calls a “Rare show of policy unity with Sunak”. The Mail’s splash is “Minority of babies now born to married couples”. The Mirror’s front-page lead concerns ex-footballer Ryan Giggs, who is on trial in Manchester on charges of assault and coercive and controlling behaviour, which he denies. “‘Giggs cheated on me with 8 women’” is their headline, while the Sun has “He came at me & headbutted me. I could taste blood”. The trial is expected to last two weeks.Today in FocusThe UK’s energy-bill crisis explainedBig oil companies are making record profits while consumer energy bills soar. Finance reporter Jasper Jolly explains why.Cartoon of the day | Martin RowsonThe UpsideA bit of good news to remind you that the world’s not all badCBeebies is taking on Shakespeare – and the premise is not as daft as you might think. They’ve tackled the Proms and, for the last few years, a shortened Shakespeare, all of which is performed on stage and then broadcast later. This year it is partnering with London’s Globe theatre on a new production of As You Like It for the under-sixes – with some non-binary casting, but minus the melancholy subplots – which will run until tonight and be screened next year. Catherine Shoard has entertaining conversations with the Globe director Michelle Terry – who’s on a mission to demystify Shakespeare, “the earlier the better” – and CBeebies actors including Steven Kynman: “You cannot fool children. They will see through you. They’re like sniffer dogs for insincerity.”Sign up here for a weekly roundup of The Upside, sent to you every SundayBored at work?And finally, the Guardian’s crosswords to keep you entertained throughout the day – with plenty more on the Guardian’s Puzzles app for iOS and Android. Until tomorrow.
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