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    Biden urged to use clemency powers to tackle ‘crisis’ of US mass incarceration

    More than 60 members of Congress have written to Joe Biden calling on him to use his presidential clemency powers to reunite families, address unfair sentencing policies, and begin to tackle the scourge of mass incarceration, which they said was eroding “the soul of America”.Biden has 61 days left before he leaves the White House in which he could pardon or commute the sentences of incarcerated Americans. The letter, signed by a number of prominent Democratic politicians and spearheaded by the progressive politician Ayanna Pressley of Massachusetts and Jim Clyburn of South Carolina, urges Biden to act while he still can.“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the letter demands.Biden’s clemency power is one of the most concrete tools at his disposal during the lame-duck period of his presidency. During his term in the White House he has already granted 25 pardons and 132 commutations, including for people imprisoned for simple possession of marijuana and several court-martialed from the military because of their sexual orientation.But he could make a far greater impact, should he choose to. There are currently more than 12,000 petitions for commutations and almost 4,000 requests for pardons on his desk.“So many people who are serving extensive sentences today are there because of crimes that are victimless. That is astonishing, and it should be dealt with,” Clyburn told a press conference outside the Capitol building on Wednesday.Clyburn’s participation in the appeal may carry weight with the president. The congressman is widely credited for having helped Biden secure the Democratic presidential nomination during the primary contests of 2020.In their letter, the congress members urge Biden to focus on categories of prisoner who they say especially deserve his help. That includes the 40 men who are currently on federal death row and who are facing the threat of imminent execution once Donald Trump returns to the White House.Other groups of incarcerated people highlighted by the group include women forced into crime or acts of self-defense by abusive domestic partners, and those serving long sentences because of the disparate sentencing rules around crack cocaine. In 1986 Ronald Reagan introduced harsher sentences for crack than the powder form of the drug, even though the only difference in their chemical composition is baking soda.Crack tended to be used more widely by Black people and powder cocaine by white people. The Biden administration addressed the disparity in 2022 by leveling the sentences, but the change did not help those already imprisoned.“The mass incarceration crisis is one of our country’s greatest failures,” said Pressley, whose father was incarcerated when she was a child as a result of his drug addiction. “President Biden was elected with a mandate for making compassionate change, and he has the power to do so right now.” More

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    House ethics committee fails to decide whether to release Matt Gaetz report

    The House ethics committee deadlocked on releasing a report examining allegations of sexual misconduct against Matt Gaetz, the former Republican representative and Donald Trump’s choice to lead the US justice department, after the panel met behind closed doors on Wednesday.Emerging from the meeting after roughly two hours, most members of the panel declined to offer details on their discussion, but the Republican chair, Michael Guest, told reporters that there was “not an agreement by the committee to release the report”.Susan Wild, the top Democratic representative on the ethics committee, told reporters that the panel did hold a vote on the matter, but there was “no consensus”. Wild implied that the committee, which is evenly divided between Democrats and Republicans, broke along party lines and thus could not reach a decision. The panel plans to reconvene on 5 December, Wild added.The panel has previously said it was investigating claims that Gaetz “may have engaged in sexual misconduct and/or illicit drug use, shared inappropriate images or videos on the House floor, misused state identification records, converted campaign funds to personal use, and/or accepted a bribe, improper gratuity, or impermissible gift”.Guest told reporters before the meeting on Wednesday that he had “some reservations” about releasing the report when it had not yet gone through a review process.“That is something that we will be talking about today, and that’s another reason I have some reservations about releasing any unfinished work product,” Guest said.The justice department launched its own inquiry into accusations that Gaetz engaged in a sexual relationship with a 17-year-old girl, but the department closed its investigation last year without filing charges. Gaetz has consistently denied the allegations.Two women testified to congressional investigators that Gaetz paid them for sex and that he was seen having sex with the 17-year-old, a lawyer for the women has said.As the ethics committee is evenly split between the two parties, it would take only one Republican siding with every Democrat on the panel to have the report released. But prominent Republicans, including the House speaker, Mike Johnson, have cautioned against releasing the report on Gaetz, who resigned his seat immediately after Trump announced his nomination as attorney general.“I think that would be a Pandora’s box,” Johnson told CNN on Sunday. “I don’t think we want the House ethics committee using all of its vast resources and powers to go after private citizens, and that’s what Matt Gaetz is now.”Gaetz was on Capitol Hill on Wednesday with the vice-president-elect, JD Vance, meeting with some of the senators who will decide his fate. After his conversation with Gaetz, Senator Lindsey Graham, a Trump loyalist, indicated he was open to supporting the attorney general nominee and condemned the “lynch mob” raising concerns about the sexual misconduct allegations.“My record is clear. I tend to defer to presidential cabinet choices unless the evidence suggests disqualification,” Graham said in a statement. “I would urge all of my Senate colleagues, particularly Republicans, not to join the lynch mob and give the process a chance to move forward.”Other Republicans, including Senator Markwayne Mullin, have suggested the report should be at least made available to the senators who will vote on confirming Gaetz’s nomination.“I believe the Senate should have access to that,” Mullin told NBC News on Sunday. “Now, should it be released to the public or not? I guess that will be part of the negotiations. But that should be definitely part of our decision-making.”skip past newsletter promotionafter newsletter promotionDemocrats have appeared open to the idea of releasing the report. Nearly 100 House Democrats signed a letter requesting the ethics committee’s findings be released, noting that there was some precedent for issuing reports on former members who resigned amid scandal.Representative Sean Casten, who led fellow Democrats in signing the letter, indicated on Wednesday that he would introduce a privileged resolution to require a full House vote on releasing the report. Casten would need the support of only a handful of Republicans to get the resolution approved in the House, where Gaetz has made enemies on both sides of the aisle.Democratic members of the Senate judiciary committee, which will hold Gaetz’s confirmation hearings, have also requested the FBI’s file on the attorney general nominee.“The Senate has a constitutional duty to provide advice and consent on presidential nominees, and it is crucial that we review all the information necessary to fulfill this duty as we consider Mr Gaetz’s nomination,” the Democrats wrote on Wednesday in a letter to the FBI director, which was obtained by Politico. “The grave public allegations against Mr Gaetz speak directly to his fitness to serve as the chief law enforcement officer for the federal government.”RThe representative Susan Wild, the top Democratic representative on the ethics committee, said on Monday that she supported the report’s release, echoing comments made over the weekend by a fellow Democrat on the committee, Rthe representative Glenn Ivey.“It should certainly be released to the Senate, and I think it should be released to the public, as we have done with many other investigative reports in the past,” Wild told reporters, peraccording to NBC News. “There is precedent for releasing even after a member has resigned.”If the ethics committee report is released, it could further damage Gaetz’s prospects of Senate confirmation, but Trump has floated the idea of installing his nominees via recess appointment to circumvent the confirmation process. 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    Trans congresswoman Sarah McBride responds to Capitol Hill bathroom ban

    Sarah McBride, the incoming congresswoman and first openly transgender person elected to the US House of Representatives, on Wednesday shared a statement on social media in response to the House banning trans people from using single-sex bathrooms on Capitol Hill that match their gender identity.Earlier in the day, the House speaker, Louisiana Republican Mike Johnson, issued a statement “regarding facilities throughout the US Capitol complex”.Johnson said: “All single-sex facilities in the Capitol and House Office Buildings – such as restrooms, changing rooms, and locker rooms – are reserved for individuals of that biological sex.”He added: “It is important to note that each member office has its own private restroom, and unisex restrooms are available throughout the Capitol. Women deserve women’s only spaces.”McBride is due to be sworn in in January to represent Delaware after handily winning the seat in the election earlier this month, having been the first openly trans person elected to the state senate seat there in 2020.She had initially pushed back over proposed restrictions by saying the argument was a far-right-driven distraction from issues such as housing, healthcare and childcare.But on Wednesday, after Johnson’s announcement, McBride responded with a post on X: “I’m not here to fight about bathrooms, I’m here to fight for Delawareans and to bring down costs facing families. Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them … serving in the 119th Congress will be the honor of a lifetime, and I continue to look forward to getting to know my future colleagues on both sides of the aisle.”On Monday Nancy Mace, the South Carolina Republican representative, had introduced a bill to ban transgender people, including congressional members, officers and employees, from using single-sex bathrooms and other facilities on Capitol Hill that correspond to their gender identity.Mace told reporters that McBride “does not belong in women’s spaces, women’s bathrooms, locker rooms, changing rooms, period, full stop” and called her a biological man, insisting that McBride “doesn’t get a say”, CNN reported.Mace’s bill comes as Republicans have attacked transgender people as part of a broader political culture-war strategy, limiting what bathrooms they can use and the youth sports teams they can play on. Fourteen states currently have laws that prohibit transgender people from using the bathroom that corresponds with their gender identity, according to the Human Rights Campaign, an LGBTQ+ rights group.Donald Trump leaned into such politics vigorously during the presidential election campaign.

    This article was amended on 20 November 2024 to remove a reference to a Bluesky post that had been attributed to Sarah McBride. A representative for McBride later said the account is not affiliated with the congresswoman-elect. More

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    Trump taps Dr Oz to work with RFK Jr in health role and discourages Republicans from confirming Biden judge picks – live

    President-elect Donald Trump announced on Tuesday that he has nominated Dr Mehmet Oz to serve as the Centers for Medicare and Medicaid Services (CMS) Administrator.“America is facing a healthcare Crisis, and there may be no Physician more qualified and capable than Dr. Oz to Make America Healthy Again” Trump said in a statement.Trump added: “He is an eminent Physician, Heart Surgeon, Inventor, and World-Class Communicator, who has been at the forefront of healthy living for decades. Dr. Oz will work closely with Robert F Kennedy Jr. to take on the illness industrial complex, and all the horrible chronic diseases left in its wake.”Oz ran an unsuccessful campaign for senator in Pennsylvania in 2022.Donald Trump has joined Elon Musk for the sixth test of SpaceX’s giant Starship rocket from Texas.Trump’s attendance underscores his increasingly close friendship with Musk, whom he has tapped to co-lead a new Department of Government Efficiency with the former Republican presidential candidate, Vivek Ramaswamy.Follow the Guardian’s SpaceX launch liveblog here:Dr Oz has built a long career promoting health misinformation. During his unsuccessful campaign for senator of Pennsylvania, doctors and researchers called for him to be stripped of his medical credentials over his promotion of unproven treatments, including touting the use of hydroxychloroquine, a malaria drug, to treat Covid-19 without scientific evidence.Timothy Caulfield, the Canada Research Chair in Health Law and Policy at the University of Alberta, wrote in the Scientific American:
    Despite facing mounting criticism for his embrace of harmful pseudoscience and the provision of evidence-free health advice, Oz remains connected to Columbia University’s medical school and is a licensed physician. In 2014, he was called in front of the Senate Subcommittee on Consumer Protection over misleading statements he made on his popular television show, the Dr. Oz Show. During the hearing one senator went so far as to tell “America’s Doctor” (anointed thus by Oprah) that “the scientific community is almost monolithic against you.”
    And while Oz has not been officially sanctioned by a regulatory body—the Federal Trade Commission, for example, has gone after fraudsters who have appeared on his show, but the agency hasn’t taken direct action against him—that doesn’t mean he shouldn’t be disciplined.
    His affiliation with Columbia and the fact he still has a license seems especially baffling at a time when the spread of health misinformation has been recognized as one of this era’s most challenging health policy issues. Given all that he has done to promote science-free medicine, how has Oz’s licence not been revoked?
    In his announcement naming Dr Mehmet Oz as his nominee to lead the Centers of Medicare and Medicaid Services, Donald Trump has also suggested that these massive health programs that serve 12.5 million people could see steep cuts.Oz “will also cut waste and fraud within our Country’s most expensive Government Agency, which is a third of our Nation’s Healthcare spend, and a quarter of our entire National Budget,” Trump said in his announcement.Republicans have been pushing to further privatize Medicare, a program for elderly people and some people with disabilities, despite complaints from patients and providers that the existing privatized Medicare Advantage program costs taxpayers more, and provides worse care.President-elect Donald Trump announced on Tuesday that he has nominated Dr Mehmet Oz to serve as the Centers for Medicare and Medicaid Services (CMS) Administrator.“America is facing a healthcare Crisis, and there may be no Physician more qualified and capable than Dr. Oz to Make America Healthy Again” Trump said in a statement.Trump added: “He is an eminent Physician, Heart Surgeon, Inventor, and World-Class Communicator, who has been at the forefront of healthy living for decades. Dr. Oz will work closely with Robert F Kennedy Jr. to take on the illness industrial complex, and all the horrible chronic diseases left in its wake.”Oz ran an unsuccessful campaign for senator in Pennsylvania in 2022.President-elect Donald Trump is urging Republican senators to stop the confirmation of judges before he takes office in January.“The Democrats are trying to stack the Courts with Radical Left Judges on their way out the door” Trump wrote in a social media post on Tuesday. “Republican Senators need to Show Up and Hold the Line – No more Judges confirmed before Inauguration Day!”.This comes as Senate Democrats held a late-night vote on Monday to confirm Joe Biden’s nominees to the federal judiciary.Meanwhile, Joe Biden is at the G20 leaders summit in Rio de Janeiro and finally appeared in the leaders’ photo after missing the first one.US officials previously stated that “logistical issues” were to blame for why the president missed out on the first group shot on Monday. Canadian prime minister Justin Trudeau and Italian prime minister Giorgia Meloni also missed the first group photo.But today, they had a reshoot, and this time Biden was given a spot near the middle of the front row of the assembled world leaders.Here are some of the photos:Donald Trump has confirmed that he is on his way to Texas for a SpaceX rocket launch, scheduled for later today.“I’m heading to the Great State of Texas to watch the launch of the largest object ever to be elevated, not only to Space, but simply by lifting off the ground” Trump said in a social media post.He added: “Good luck to Elon Musk and the Great Patriots involved in this incredible project!”Vice president-elect JD Vance said that he and Donald Trump were interviewing candidates for the FBI director position on Monday evening.In a post on social media, Vance said that he was meeting with Trump to interview multiple positions for their government on Monday evening, including the role of FBI director.The post came in response to criticism regarding his absence from a Senate vote on Monday night to confirm nominees for the federal judiciary.“When this 11th Circuit vote happened, I was meeting with President Trump to interview multiple positions for our government, including for FBI Director” Vance said. “I tend to think it’s more important to get an FBI director who will dismantle the deep state than it is for Republicans to lose a vote 49-46 rather than 49-45. But that’s just me.”Donald Trump has officially chosen Howard Lutnick, the president-elect’s transition co-chair, to serve as commerce secretary for his second administration.Lutnick, who has been a longtime friend of Trump, is the CEO of Cantor Fitzgerald.In a post on Truth Social, the former president wrote that he was “thrilled” to announce Lutnick as his commerce secretary. He stated that Lutnick will “lead our Tariff and Trade agenda” and will also have direct responsibility for the office of the US trade representative.In his role as co-chair of the Trump-Vance transition team, Trump said that Lutnick “created the most sophisticated process and system to assist us in creating the greatest Administration America has ever seen”.The statement also describes Lutnick as having been a “dynamic force on Wall Street for more than 30 years”.Vice president-elect JD Vance is said to be arranging meetings this week on Capitol Hill between some of Donald Trump’s Cabinet nominees and Republican senators who will be involved with the confirmation process. According to CNN, Vance is expected attend some of the meetings too, including those with former representative Matt Gaetz, who Trump has selected as his nominee for attorney general, and former Fox News host Pete Hegseth, whom Trump has selected as the head of the Department of Defense.Louisiana Republican Senator John Kennedy also told CNN that he plans to meet with Gaetz and Vance on Wednesday.A spokesperson for the Trump-Vance Transition said in a statement to the network that Gaetz and Hegseth, as well as Representatives Doug Collins and Elise Stefanik, will “begin their meetings this week with additional Hill visits to continue after the Thanksgiving recess”.Collins has been chosen by Trump to lead the Department of Veterans Affairs while Stefanik has been selected to be the US ambassador to the United Nations. More

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    To protect US democracy from tyrants, we must protect the truly free press | Robert Reich

    Reliable and independent sources of news are now threatened by growing alliances of oligarchs and authoritarians.The mainstream media doesn’t use the term “oligarchy” to describe the billionaires who are using their wealth to enlarge their political power around the world, but that is what is happening.This is why I write for and read the Guardian, and why I’m urgently appealing to you to support it.During the US presidential campaign, legacy mainstream media – who mostly answer to corporate or billionaire ownership – refrained from reporting how incoherent and bizarre Donald Trump was becoming, normalizing and “sanewashing” his increasingly wild utterances even as it reported every minor slip by Joe Biden.The New York Times headlined its report on the September 2024 presidential debate between the president-elect and Kamala Harris – in which Trump issued conspiracy theories about stolen elections, crowd sizes, and Haitian immigrants eating pet cats and dogs – as: Harris and Trump bet on their own sharply contrasting views of America.Trump also used virulent rhetoric towards journalists. He has called the free press “scum” and the “enemy within”. During his campaign, he called for revoking the licenses of television networks and jailing journalists who won’t reveal their anonymous sources.Come 20 January, Trump and his toadies – including billionaires such as Elon Musk and Vivek Ramaswamy – will have total control over the executive branch of the United States government. Trump’s Maga Republicans will be in charge of both chambers of Congress as well.Most members of the US supreme court, some of whom have been beneficiaries of billionaire gifts, have already signaled their willingness to consolidate even more power in Trump’s hands, immunize him from criminal liability for anything he does, and further open the floodgates of big money into US politics.All of this is sending a message from the United States that liberalism’s core tenets, including the rule of law and freedom of the press, are up for grabs.Elsewhere around the world, alliances of economic elites and authoritarians similarly threaten public access to the truth, without which democracy cannot thrive.It’s a vicious cycle: citizens have grown cynical about democracy because decision-making has become dominated by economic elites, and that cynicism has ushered in authoritarians who are even more solicitous of such elites.Trump and his lapdogs have lionized Victor Orbán and Hungary’s Fidesz party, which transformed a once-vibrant democracy into a one-party state, muzzling the media and rewarding the wealthy.Trump’s success will likely encourage other authoritarians, such as Marine Le Pen and her National Rally party in France; Alternative in Germany, or AfD; Italy’s far-right Giorgia Meloni; and radical rightwing parties in the Netherlands and Austria.Trump’s triumph will embolden Russia’s Vladimir Putin – the world’s most dangerous authoritarian oligarch – not only in Ukraine and potentially eastern Europe but also in his worldwide campaign of disinformation seeking to undermine democracies.skip past newsletter promotionafter newsletter promotionEvidence is mounting that Russia and other foreign agents used Musk’s X platform to disrupt the US presidential campaign in favor of Trump. Musk did little to stop them.During the campaign, Musk himself reposted to his 200 million followers a faked version of Harris’s first campaign video with an altered voice track sounding like the vice-president and saying she “does not know the first thing about running the country” and is the “ultimate diversity hire”. Musk tagged the video “amazing”. It received hundreds of millions of views.According to a report from the Center for Countering Digital Hate, Musk posted at least 50 false election claims on X, which garnered a total of at least 1.2bn views. None had a “community note” from X’s supposed fact-checking system.Rupert Murdoch, another oligarch who champions authoritarianism, has turned his Fox News, Wall Street Journal, and New York Post into outlets of rightwing propaganda, which have amplified Trump’s lies.Jeff Bezos, the billionaire owner of the Washington Post, prohibited the newspaper from endorsing Kamala Harris. Evidently, he didn’t want to raise Trump’s ire because Bezos’s other businesses depend on government contracts and his largest – Amazon – is already the target of a federal antitrust suit.Bezos’s decision demonstrated that even the possibility of a Trump presidency could force what had been one of the most courageous newspapers in the US to censor itself. Marty Baron, former editor of the Post, called the move “cowardice, with democracy as its casualty”.Citizens concerned about democracy must monitor those in power, act as watchdogs against abuses of power, challenge those abuses, organize and litigate, and sound the alarm about wrongdoing and wrongful policies.But not even the most responsible of citizens can do these things without reliable sources of information. The public doesn’t know what stories have been censored, muted, judged out of bounds, or preemptively not covered by journalists who’d rather not take the risk.In the final weeks before the election, the billionaire owner of the Los Angeles Times, Patrick Soon-Shiong, blocked his newspaper’s planned endorsement of Harris, prompting the head of the paper’s editorial board to resign. Mariel Garza said she was “not OK with us being silent”, adding: “In dangerous times, honest people need to stand up.”Honest people standing up is precisely what resisting authoritarianism and protecting democracy require. Americans and the citizens of other countries must have access to the truth if we have any hope of standing up to tyranny.The Guardian remains a reliable and trustworthy source of news because it is truly independent. That’s why I’m writing this, and why you’re reading it.Unlike other US media organizations, the Guardian cannot be co-opted by the growing alliances of oligarchs and authoritarians. It does not depend for its existence on billionaires or the good graces of a demagogue; it depends on us.Please support the Guardian today. More

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    Trump selects Fox News contributor Sean Duffy as transport secretary

    Donald Trump has named Sean Duffy, a former Republican congressman from Wisconsin,and former cast member of the MTV show The Real World, to serve as the secretary of transportation. He was also a co-host on Fox Business but left that role on Monday, according to Fox News Media.Duffy served in Congress from 2011 until 2019. Before being elected to public office, he was district attorney for Ashland county, Wisconsin, from 2002 to 2008 and previously had a reality TV show role. Duffy was a cast member on The Real World: Boston in 1997 where he would meet his wife, Fox news contributor Rachel Campos-Duffy.“He will prioritize Excellence, Competence, Competitiveness and Beauty when rebuilding America’s highways, tunnels, bridges and airports,” the president-elect said in a statement announcing his nomination. “He will ensure our ports and dams serve our Economy without compromising our National Security, and he will make our skies safe again by eliminating DEI for pilots and air traffic controllers.”During his time in Congress, Duffy, 53, faced immense backlash for comments he made on CNN about the difference between white supremacist mass violence and violence carried out by the Islamic State. He also said that one of the “good things” that came from the 2015 mass shooting at the Emanuel African Methodist Episcopal church (AME) was that it led Nikki Haley, the then governor of South Carolina, to remove the confederate flag from the state capitol.After the backlash, Duffy said that the massacre at Emanuel AME was horrific but the shooter was not a part of an organized terror group such as IS. He encouraged the government to continue to monitor large hate groups such as the KKK.In a March 2017 op-ed Duffy penned for the Milwaukee Journal-Sentinel after Trump’s first State of the Union, the former congressman praised Trump’s dedication to working with conglomerates such as Ford, General Motors and Walmart to combine efforts to “reinvest in America”.Duffy, a father to nine children, resigned from Congress in 2019, citing complications during his wife’s pregnancy for the couple’s ninth child and his desire to spend more time with his family.If confirmed, Duffy will oversee aviation, automotive, rail, transit and other transportation policies at the department with about a $110bn budget as well as significant funding remaining under the Biden administration’s 2021 $1tn infrastructure law.skip past newsletter promotionafter newsletter promotionHis potential appointment follows the devastating train derailment in East Palestine, Ohio, and still-elevated numbers of traffic deaths, which have fallen this year but remain above pre-Covid levels. He will also have to deal with ongoing investigations into companies run by Elon Musk, who’s been cozy with Trump and deeply involved in the administration’s transition plans. The Department of Transportation is investigating Tesla Autopilot, while the FAA has proposed fining SpaceX for violating space license rules.Trump has vowed to reverse the Biden administration’s vehicle emissions rules. He has said he plans to begin the process of undoing the Biden administration’s stringent emissions regulations finalized earlier this year as soon as he takes office. The rules cut tailpipe emissions limits by 50% from 2026 levels by 2032 and prod automakers to build more EVs. More

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    Republican senator calls for release of Matt Gaetz ethics report to chamber

    Discussion on Donald Trump’s selection of Matt Gaetz, the former Florida congressman who had been accused of sexual misconduct, for US attorney general continued on Sunday, with Republican senator Markwayne Mullin calling for an unreleased ethics report to be released to the Senate.Mullin told NBC’s Meet the Press that the Senate, which will oversee Gaetz’s confirmation hearings to become attorney general, “should have access to that” but declined to say if it should be released publicly.Gaetz resigned from his seat in Congress on Wednesday soon after the president-elect made his controversial pick, frustrating plans by a congressional ethics panel to release a review of claims against Gaetz, including sexual misconduct and illegal drug use. Gaetz denies any wrongdoing.Republican House speaker Mike Johnson repeated his position on Sunday that the survey should remain out of the public realm. Gaetz had faced a three-year justice department investigation into the same allegations that concluded without criminal charges being brought.Johnson said the principle was that the ethics committee’s jurisdiction did not extend to non-members of the House. “There have been, I understand, I think, two exceptions to the rule over the whole history of Congress and the history of the ethics committee,” Johnson told CNN, adding that while he did not have the authority to stop it “we don’t want to go down that road.”Trump’s selection of Gaetz, while successfully provoking Democrats’ outrage, is also seen as a test for Republicans to bend Trump’s force of will. Mullin has previously noted situations in which Gaetz had allegedly shown colleagues nude photographs of his sexual conquests and described him as “unprincipled”.But the senator said he had not made a decision on whether to support Gaetz in a confirmation vote. “I’m going to give him a fair shot just like any individual,” Mullin said.The pending report seems likely to emerge in some form after other senior Republicans, including senators Susan Collins, John Cornyn and Thom Tillis have all said they believe it should be shown to them.Separately, Pennsylvania Democratic senator John Fetterman repeated his advice to members of his own party to not “freak out” over everything Trump does, pointing out that for at least the next two years, Republicans can “run the table”.Fetterman, who won decisive re-election in the state this month, said he looked forward to reviewing some of Trump’s nominations but others “are just absolute trolls”, including Gaetz.For Democrats, who are still trying to figure out reasons for their devastating loss at the ballot box this month, their outrage at Trump’s nominations “gets the kind of thing that he wanted, like the freak out”.skip past newsletter promotionafter newsletter promotion“It’s still not even Thanksgiving yet and if we’re having meltdowns at every tweet or every appointment.”Democrats, Fetterman added, should be “more concerned” about Republicans being able “to run the table for the next two years. Those are the things you really want to be concerned about, not small tweets or, you know, random kinds of appointments.”But Democratic senator-elect Adam Schiff told CNN that Gaetz was “not only unqualified, he is really disqualified” to become the country’s top lawyer.“Are we really going to have an attorney general [with] … credible allegations he was involved in child sex-trafficking, potential illicit drug use, obstruction of an investigation? Who has no experience serving in the justice department, only being investigated by it,” Schiff said. More

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    ‘Partisan politics’: how efforts to overturn the Johnson amendment could upend campaign finance

    Donald Trump has long promised his evangelical base he will undo the Johnson amendment, allowing churches and other nonprofits to weigh in on and donate to political campaigns – and his path to doing so is now clearer than ever.A provision of the tax code since 1954, the Johnson amendment prohibits certain tax-exempt nonprofit organizations from making political endorsements in – or offering monetary support to – political campaigns. If the president-elect succeeds in overturning it through any of a few available methods, experts say it could have the profound effect of opening up a flow of dark money into politics.“I think it’ll have as big, or a bigger impact than Citizens United,” said Andrew Seidel, a constitutional attorney and expert on Christian nationalism. “I don’t think people are fully prepared for a country in which churches can accept tax deductible donations in the billions of dollars and then turn around and use that money for partisan politics.”With a likely narrow majority in the US House of Representatives and the Senate, Trump has multiple avenues to challenge the provision. He could try to push Congress to take legislative action. He could attempt to unwind parts of the provision through executive action, an approach that would likely be subject to litigation. Or, he could involve the Department of Justice – which he has vowed to mobilize politically – in a key, ongoing Texas lawsuit threatening the law.During Trump’s first term, he failed to deliver on his promise to destroy the amendment. Congress failed to roll back the regulatory measure and in an executive order gesturing at the issue, Trump only advised the treasury to take a lenient posture on the political speech of clergy – “to the extent permitted by law”.Now, with a lawsuit filed in Texas making its way slowly through the courts, Trump has yet another avenue to chip away at legal limits on churches’ political activity. The complaint, filed against the IRS by National Religious Broadcasters, two Texas churches and the group Intercessors for America – whose mission includes a “call for godly government” – seeks to find the Johnson amendment unconstitutional.It claims that churches are subject to “unique and discriminatory status” under the tax code and that the IRS “operates in a manner that disfavors conservative organizations and conservative, religious organizations” in enforcing the law.Named after its author Lyndon B Johnson, the Johnson amendment is inserted into section 501(c)(3) of the tax code to prevent certain nonprofits from “participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office”. The law also notes that “contributions to political campaign funds” would “clearly violate” the provision.Some churches already flaunt the law’s requirement to refrain from endorsing political candidates – a trend that the Texas Tribune has documented. Repealing the Johnson amendment would allow churches to go further, including potentially donating to partisan causes. Because churches, unlike other nonprofit organizations, are not required to file 990 forms disclosing key financial information to the IRS, such an arrangement would allow for little public oversight.Representing National Religious Broadcasters on the complaint is Michael Farris, the former CEO of the powerful rightwing legal outfit Alliance Defending Freedom and a driving force behind the “parental rights” movement, which seeks to limit schools’ ability to teach about race, gender and sexuality in the classroom. Like the conservative “parental rights” movement, the push to do away with the Johnson amendment could chip away legal barriers separating church and state.In the short run, overhauling the provision could, Seidel said, allow churches to function effectively as Super Pacs, accepting tax-deductible donations from politically-motivated donors and channeling them into political causes. Such a scenario could, Seidel cautions, force churches to subject themselves to the same financial disclosures that Super Pacs face.“The church could be the subject of litigation, but then again, who’s going to be running the IRS? Who’s going to be enforcing that?” said Seidel. “It’ll be the Trump administration.” More