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    White House says Republicans turned Garland hearing into ‘circus’ – as it happened

    From 2h agoThe Biden administration is out with a statement condemning House Republicans for their conduct during attorney general Merrick Garland’s ongoing hearing before the judiciary committee, saying they wasted him promoting conspiracy theories rather than dealing with more pressing business, like funding the government.“Extreme House Republicans are running a not-so-sophisticated distraction campaign to try to cover up their own actions that are hurtling America to a dangerous and costly government shutdown,” White House spokesperson for oversight and investigations Ian Sams said of the hearing, which the judiciary committee regularly holds with the attorney general.Sams continued:
    They cannot even pass a military funding bill because extreme House Republicans are demanding devastating cuts like slashing thousands of preschool slots nationwide and thousands of law enforcement jobs including border agents, so they cranked up a circus of a hearing full of lies and disinformation with the sole goal of baselessly attacking President Biden and his family. Don’t be fooled: they want to distract from the reality that their own chaos and inability to govern is going to shut down the government in a matter of days, hurting our economy and national security and jeopardizing everything from troop pay to fighting fentanyl. These sideshows won’t spare House Republicans from bearing responsibility for inflicting serious damage on the country.
    In his ongoing appearance before the House judiciary committee, the attorney general, Merrick Garland, defended the independence and integrity of the justice department from Republican attacks, saying “I am not the president’s lawyer”, and refusing to discuss the ongoing prosecution of the president’s son Hunter Biden. GOP lawmakers who control the committee nonetheless peppered him with questions, including one who wondered if Garland should tell Joe Biden to “knock it off” when it comes to seeing his son. The White House dismissed the hearing as a “circus” that was “full of lies”.Here’s what else happened today:
    Garland warned that defunding the FBI, as some far-right Republicans want to do, would undercut US national security.
    Pennsylvania senator John Fetterman has no time for those who criticize his choice of dress on the chamber floor while simultaneously failing to fund the US government.
    Cassidy Hutchinson, who gave gripping testimony to the January 6 committee, says in a new book she was groped on the day of the attack by Rudy Giuliani.
    There may be some movement in negotiations among House Republicans to avoid a government shutdown at the end of the month.
    Speaking of knocking it off, the Biden administration would reportedly like its ambassador to Japan Rahm Emanuel to stop insulting Chinese president Xi Jinping.
    Legend has it that in his days as a Democratic political operative, Rahm Emanuel sent a dead fish to a pollster who was late getting him data, and stabbed a knife into a table while reciting the names of those he felt had betrayed Bill Clinton after his 1992 presidential election victory.So the story NBC News just published about Emanuel, a former mayor of Chicago who is now the US ambassador to Japan, does not come as much of a surprise:
    President Joe Biden’s aides have asked that Rahm Emanuel, the U.S. ambassador to Japan, stop posting messages on social media taunting Chinese President Xi Jinping, according to three administration officials.
    Officials at the National Security Council told Emanuel’s staff in recent days that his comments risk undermining the administration’s efforts to mend deeply strained relations with China, including with a possible meeting this fall between Biden and Xi, according to the officials.
    Over the past two weeks Emanuel, who served as White House chief of staff to former President Barack Obama, has criticized Xi directly and sarcastically speculated about the Chinese leader’s treatment of his top aides, using the hashtag “#MysteryInBeijingBuilding.”
    Emanuel’s tweets are “not in keeping with the message coming out of this building,” a White House official said, speaking on condition of anonymity to discuss the issue.
    NBC talked to a supporter of the ambassador, who made him sound like some kind of football star:
    A spokesperson for Emanuel disputed NBC News’ report, calling it “absolutely not true.”
    “Ambassador Emanuel is serving with distinction as an uncommonly effective representative of the United States in Japan. Every day his inventiveness, passion and relentlessness are on full display,” Kurt Campbell, deputy assistant to the president and coordinator for the Indo-Pacific, said in an interview.
    He continued, “This guy is a superstar and when you put Rahm on the field you get the full Rahm.”
    Campbell did not comment when asked whether Emanuel will continue posting about China’s leadership.
    On a more serious note, Emanuel faced trouble getting confirmed by the Senate to his ambassador post from those angry with how he handled the police killing of 17-year-old Laquan McDonald during his time as mayor.For a sense of the type of “misinformation” the White House was condemning, take a look at these comments from Republican congresswoman Victoria Spartz.The Indiana lawmaker downplayed the January 6 attack on the Capitol, describing it instead as an event attended by people “with strollers and the kids” that happened because Americans are “sick and tired of this government not serving them” – even though it occurred while Donald Trump was in office.Here’s video her remarks at the just-concluded hearing:The Biden administration is out with a statement condemning House Republicans for their conduct during attorney general Merrick Garland’s ongoing hearing before the judiciary committee, saying they wasted him promoting conspiracy theories rather than dealing with more pressing business, like funding the government.“Extreme House Republicans are running a not-so-sophisticated distraction campaign to try to cover up their own actions that are hurtling America to a dangerous and costly government shutdown,” White House spokesperson for oversight and investigations Ian Sams said of the hearing, which the judiciary committee regularly holds with the attorney general.Sams continued:
    They cannot even pass a military funding bill because extreme House Republicans are demanding devastating cuts like slashing thousands of preschool slots nationwide and thousands of law enforcement jobs including border agents, so they cranked up a circus of a hearing full of lies and disinformation with the sole goal of baselessly attacking President Biden and his family. Don’t be fooled: they want to distract from the reality that their own chaos and inability to govern is going to shut down the government in a matter of days, hurting our economy and national security and jeopardizing everything from troop pay to fighting fentanyl. These sideshows won’t spare House Republicans from bearing responsibility for inflicting serious damage on the country.
    The Senate’s Democratic leader, Chuck Schumer, announced the chamber would vote on the promotions of three top military leaders that have been held by up Republican senator Tommy Tuberville over the Pentagon’s abortion policy.Tuberville, who represents Alabama, began earlier this year blocking defense department promotions in protest of a new policy that will help service members travel to seek an abortion, if they are based somewhere where the procedure is banned. About 300 senior leaders currently have their promotions on hold because of the senator’s blockade, which has been criticized by military leaders and veterans groups.In a speech on the Senate floor, Schumer said the chamber would vote on promotions for the chairman of the joint chiefs of staff, commandant of Marine corps and army chief of staff:There are some new developments in the House, where a revolt by rightwing Republicans has stopped consideration of a measure to fund the government as an end-of-the-month shutdown deadline nears.Politico reports that House speaker Kevin McCarthy signaled “progress” has been made in the negotiations, and also that the chamber may have to work over the weekend:Attorneys for Kenneth Chesebro and Sidney Powell, two co-defendants that have been charged in the Georgia election interference case alongside Donald Trump, will be allowed to interview members of the special grand jury, The Hill reports.On Wednesday, the Fulton county superior judge Scott McAfee wrote in a court filing reviewed by the Hill:
    “Defense counsel here are entitled, and would be expected, to conduct a thorough investigation in the zealous representation of their clients …
    Setting aside scenarios involving harassment of some kind, the desire to simply talk to the grand jurors is not ‘illegal,’” he added.
    McAfee added that although there are rules to secrecy surrounding grand jury deliberations: “The court has not found nor been provided with any authority that suggests defense counsel are totally forbidden from contact.”Senator John Fetterman of Pennsylvania has hit back at Republicans criticizing his relaxed clothing choices in the Senate.The Democrat, who is known for routinely wearing oversized hoodies, sweaters and shorts, tweeted on Wednesday:
    “If those jagoffs in the House stop trying to shut our government down, and fully support Ukraine, then I will save democracy by wearing a suit on the Senate floor next week.”
    Senate Republicans have penned a letter to the Senate majority leader, Chuck Schumer, in which they have asked him to retract the chamber’s new relaxed dress code.Forty-six Republicans sent Schumer the letter following Schumer’s announcement on Sunday that relaxes the chamber’s dress code.
    “For more than 230 years, the United States Senate has served the American people with honor and dignity. As members of this esteemed body, we understand the seriousness our positions require,” the letter said.
    “Allowing casual clothing on the Senate floor disrespects the institution we serve and the American families we represent. We the undersigned members of the United States Senate write to express our supreme disappointment and resolute disapproval of your recent decision to abandon the Senate’s longstanding dress code for members, and urge you to immediately reverse this misguided action,” it continued.
    Aside from Alabama’s Katie Britt, Indiana’s Mike Braun and Missouri’s Josh Hawley, every Republican senator signed the letter.Ex-president Donald Trump and his former chief of staff Mark Meadows joked about Covid-19 on a plane ride following the first debate with Joe Biden, a new book reveals.The Guardian’s Martin Pengelly reports:Donald Trump and his chief of staff Mark Meadows joked about the then US president having Covid on Air Force One after the first debate with Joe Biden in 2020 – an event at which Trump was not tested but three days before which, Meadows later confessed, Trump had indeed tested positive.On the flight, on 29 September 2020, Trump speculated about his health, saying he thought his voice had sounded “a little bit off” at a rally in Duluth, Minnesota. But he also said he did not want the media to “accuse me of something ridiculous, like having Covid”.Meadows “laughed and promised him that we would handle it if it happened”.“We” referred to Meadows and Cassidy Hutchinson, the chief of staff’s closest aide who has now written a memoir, Enough. The book, which describes Hutchinson’s journey from Trump loyalist to key witness in the January 6 inquiry, will be published in the US next Tuesday. The Guardian obtained a copy.For the full story, click here:In an ongoing appearance before the House judiciary committee, the attorney general, Merrick Garland, defended the independence and integrity of the justice department from Republican attacks, saying “I am not the president’s lawyer”, and refusing to discuss the ongoing prosecution of the president’s son Hunter Biden. GOP lawmakers who control the committee are nonetheless peppering him with questions, including one who wondered if Garland should tell Joe Biden to “knock it off” when it comes to seeing his son.Here’s what else has happened today so far:
    Garland warned that defunding the FBI, as some far-right Republicans want to do, would undercut US national security.
    Pennsylvania senator John Fetterman has no time for those who criticize his choice of dress on the Senate floor while simultaneously failing to fund the US government.
    Cassidy Hutchinson, who gave gripping testimony to the January 6 committee, says in a new book she was groped on the day of the attack by Rudy Giuliani.
    In a new book, one of the most-remembered witnesses to testify before the January 6 committee says that she was groped on the day of the insurrection by Rudy Giuliani, the Guardian’s Martin Pengelly reports:Cassidy Hutchinson, the former Trump aide turned crucial January 6 witness, says in a new book she was groped by Rudy Giuliani, who was “like a wolf closing in on its prey”, on the day of the attack on the Capitol.Describing meeting with Giuliani backstage at Donald Trump’s speech near the White House before his supporters marched on Congress in an attempt to overturn the 2020 election, Hutchinson says the former New York mayor turned Trump lawyer put his hand “under my blazer, then my skirt”.“I feel his frozen fingers trail up my thigh,” she writes. “He tilts his chin up. The whites of his eyes look jaundiced. My eyes dart to [Trump adviser] John Eastman, who flashes a leering grin.“I fight against the tension in my muscles and recoil from Rudy’s grip … filled with rage, I storm through the tent, on yet another quest for Mark.”Mark Meadows, Trump’s final chief of staff, was Hutchinson’s White House boss. Hutchinson’s memoir, Enough, describes the now 27-year-old’s journey from Trump supporter to disenchantment, and her role as a key witness for the House January 6 committee. It will be published in the US next Tuesday. The Guardian obtained a copy.The House is lurching towards both a government shutdown and an impeachment of Joe Biden that faces uncertain chances of success. But however those two issues are resolved, the Guardian’s David Smith reports they will take a toll on American democracy:If it’s Thursday, it must be impeachment. If it’s Saturday, it must be government shutdown. Next week, Republicans in Congress seem determined to prove that US democracy is broken.The party plans to hold the first hearing on its impeachment inquiry into Joe Biden over his family’s business dealings on 28 September. Meanwhile the Republican-controlled House of Representatives is barreling towards a deadline of 30 September to keep federal agencies running.The double header indicates how both impeachments and government shutdowns – once seen as rare, dangerous and to be avoided at all costs – have become political weapons deployed with increasing abandon.“In the past few years we’ve seen the routinisation of the unusual,” said Bill Galston, a senior fellow at the Brookings Institution thinktank in Washington. “It’s terrible for the country. It’s hard enough for a great nation to conduct its affairs without this sort of shortsighted nonsense getting in its way. Government as we know it is grinding to a halt.”Only three presidents have been impeached for “high crimes and misdemeanors” and none were convicted: Andrew Johnson in 1868, Bill Clinton in 1998 and Donald Trump in both 2019 and 2021. Now, House Republicans have launched an impeachment inquiry against Biden with no discernible evidence of an impeachable offence.As you can see in this video clip, it’s currently John Fetterman’s turn to preside over the Senate and, thanks to the new dress code, he’s doing so in his signature garb:As the government heads toward a shutdown thanks to infighting among House Republicans, the Democratic senator John Fetterman has made a proposition.If “those jagoffs in the House”, by which he most likely means the GOP, pass a resolution to fund the government, he’ll wear a suit on the Senate floor, the senator says on X:The Pennsylvania lawmaker is known for reporting to the Capitol in shorts and a hoodie, and a newly relaxed dress code in the chamber will allow him to cast votes without the coat and tie typically worn by male senators.Among the more colorful interlocutors on the House judiciary committee is Matt Gaetz, a far-right Republican who has lately been calling for defunding the FBI.He got into it with Merrick Garland over Hunter Biden’s interactions with his father. Though he may be a rightwing fixation and facing his own legal trouble, Joe Biden is often seen with his son at the White House or at events, and Gaetz wanted to know more about that.“Has anyone at the department told president Biden to knock it off with Hunter? I mean, you guys are charging Hunter Biden on some crimes, investigating him on others, you’ve got the president bringing Hunter Biden around to state dinners. Has anyone told him to knock it off?” Gaetz asked.“No one that I know of has spoken to the White House about the Hunter Biden case, of course not,” Garland replied, with barely concealed annoyance.Merrick Garland has warned that if the government shuts down at the end of the month, as it seems on course to do, the justice department’s ability to fight crime and work with law enforcement nationwide would be curtailed.“I haven’t done a complete calculation on the effects of a shutdown and the difference between which employees are indispensable under the statute and which ones not,” Garland said. “It will certainly disrupt all of our normal programs, including our grant programs to state and local law enforcement and to our ability to conduct our normal efforts with respect to the entire scope of our activities, including helping state and locals fight violent crime.”The federal government’s fiscal year ends on 30 September, but infighting among House Republicans has prevented Congress from reauthorizing spending beyond that date, or even agreeing on a short-term measure to keep the government funded while they negotiate a larger agreement.Much of the questioning the attorney general, Merrick Garland, is facing today centers on Hunter Biden, the president’s son whose foreign business entanglements and actions while struggling with drug addiction have been a fixation for Republicans eager to prove the president is corrupt. His case is long and complicated, so here is the Guardian’s Mary Yang with a look at the major events:Federal prosecutors indicted Joe Biden’s son, Hunter Biden, over illegally possessing a firearm in Delaware on Thursday. The indictment comes a month after the US attorney general, Merrick Garland, appointed the US attorney David Weiss, a Trump nominee, to oversee the investigation as special counsel.Hunter Biden has been at the center of a years-long investigation into his tax affairs that was set to close with a guilty plea. But that plea deal fell apart at a Delaware courthouse after the Trump-appointed judge said she could not agree to the deal, which ensured Biden would avoid jail time in a separate case of illegally possessing a gun while using drugs.Amid the controversy, the president has repeatedly said he supports his son and Hunter has been seen regularly at family events. Asked if President Biden would pardon his son in the event of any conviction, Karine Jean-Pierre, the White House press secretary, told reporters: “No.”But the younger Biden has been embroiled in a list of unrelated controversies for years, including his overseas dealings and struggles with addiction, which ex-President Trump and his allies have regularly sought to use as fodder for attacks.Here’s a comprehensive timeline of the moments that have propelled Hunter Biden into the limelight. More

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    Republicans seem even further from resolution as US shutdown deadline nears

    Republican leaders seemed to move further away from a resolution to the impending government shutdown on Tuesday.In a sign of how bad the party’s split has become, a procedural vote on the short-term funding bill expected to happen today was cancelled, and an attempt to advance a Pentagon spending bill was voted down, thanks to rightwing Republicans. The vote intensifies the risk of a shutdown on 1 October and Kevin McCarthy losing his speakership.As another week of negotiations wears on, Republicans in the House of Representatives are in a state of “civil war”, according to the Democratic minority leader, Hakeem Jeffries. Media reports suggested that a newly aggressive McCarthy was ready to force a showdown with the hardliners in his party less than two weeks before the deadline to keep federal agencies afloat.But the day’s chaos revealed that he still faced a steep uphill climb, with far-right Republicans Matt Gaetz and Marjorie Taylor Greene signaling earlier in the day that even a resolution to temporarily delay a shutdown was out of reach.Part of the holdup includes proposed amendments from far-right Republicans on the continuing resolution that would prevent funds from being used for Ukraine aid and other initiatives. Greene’s list of amendments also included a ban on funding for Covid-19 vaccine mandates.A shutdown would mean thousands of government employees would be required to stop working until an agreement is reached, and many government benefits delayed. But even with Mitch McConnell’s warning to his own party, some hardliners continue to delay progress.Late on Sunday a group of hardline and moderate Republicans had reached agreement on a short-term stopgap spending bill, known as a “continuing resolution”, or CR, that could help McCarthy move forward on defence legislation.The measure would keep the government running until the end of October, giving Congress more time to enact full-scale appropriations for 2024. The Politico website reported that the Heritage Foundation, an influential conservative thinktank, had thrown its weight behind the proposed CR.But it remains unclear whether it can garner enough Republican support to pass the House. At least a dozen members came out against it or expressed scepticism. Matt Gaetz, a Florida congressman who has called for McCarthy’s removal, tweeted that the CR is “a betrayal of Republicans” while Majorie Taylor Greene of Georgia posted: “I’m a NO!”The standoff poses the biggest threat to McCarthy in his eight months as the top House Republican as he struggles to unite a fractured caucus. On Tuesday Politico reported that he intends to come out fighting by putting the CR to a floor vote and daring his detractors to put themselves on the record by voting against it.“That would set McCarthy & Co. up to blame those holdouts for undercutting the party’s negotiating hand with Democrats, ultimately leading to the Senate jamming the House with a shutdown-averting stopgap without any Republican concessions,” Politico wrote.Last week McCarthy dared his opponents to hold a vote to remove him, reportedly telling them behind closed doors: “File the fucking motion!”He also vowed to move forward this week on an $886bn fiscal 2024 defense appropriations bill, which stalled last week as hardliners withheld support to demand a topline fiscal 2024 spending level of $1.47tn – about $120bn less than what McCarthy and Biden agreed to in May.McCarthy told Fox News’s Sunday Morning Futures programme: “We’ll bring it to the floor, win or lose, and show the American public who’s for the Department of Defense, who’s for our military.” But in a fresh setback on Tuesday, McCarthy was forced to postpone a procedural vote on the measure to provide more time for negotiations.The White House has already threatened to veto the defence bill. The resolution agreed upon on Sunday is also unlikely to succeed with Democrats and become law. It would impose a spending cut of more than 8% on agencies other than the defense department and Department of Veterans Affairs and includes immigration and border security restrictions but not funding for Ukraine.Leah Greenberg, co-founder of the progressive group Indivisible and a former congressional aide, said: “You have a Republican party that is focused on advancing extremist policy instead of on doing the basic work of governing. Every Republican in the House is basically enabling this process by virtue of being unwilling to break with the extremists.“What you’re seeing with McCarthy is his own intentions are irrelevant. He is simply caving to the most extreme folks within the caucus and they are driving the agenda.”skip past newsletter promotionafter newsletter promotionThe Republican-controlled House and Democratic-led Senate have until 30 September to pass spending legislation that Joe Biden can sign into law to keep federal agencies afloat. With a 221-212 majority, McCarthy can afford to lose no more than four votes to pass legislation that Democrats unite in opposing.Some members of the hardline House Freedom Caucus, largely aligned with Donald Trump, are openly embracing a shutdown as a negotiating tactic to get their way on spending and conservative policy priorities.Congressman Chip Roy, a Freedom Caucus member, last week described a shutdown as “almost” inevitable and warned: “We have to hold the line.”Ultimately Republicans could be forced to move directly into negotiations with Senate Democrats on appropriations bills that could pass both chambers quickly and be signed into law by Biden.But this could fuel calls for McCarthy to be ousted from hardline conservatives and others who have accused him of failing to keep promises he made to become speaker in January.Congressman Ralph Norman, a Freedom Caucus member, told the Reuters news agency: “It’d be the end of his speakership.”Adding to the chaos, McCarthy apparently sought to curry favour with the far right last week by announcing the opening of an impeachment inquiry into Biden despite no tangible evidence that the president has committed an impeachable offence.On Tuesday he told reporters: “I never quit.” But his young speakership has never looked so vulnerable.Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota, said: “It’s obviously uncertain. My hunch is what we’re going to see is McCarthy’s going to want to pass something and he will probably be forced to make concessions that are unacceptable to Democrats and maybe some Republicans. So this is the beginning of a process, not the culmination of it.”McCarthy only gained the speaker’s gavel in January after a tortuous 15 rounds of voting and hard bargaining with the far right. Bill Galston, a former policy adviser to Bill Clinton, said: “Kevin McCarthy, in order to become speaker of the House, handed out a slew of promissory notes. Those notes are all coming due at the same time and I don’t think he has enough political money in the bank to make good on the notes.“He’s the Mr Micawber of Republican politics, just hoping that something will turn up.” More

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    House Republicans cancel vote on short-term funding measure amid infighting – as it happened

    From 6h agoThe House will not vote today on a measure to keep the government open past 30 September, amid a split between the chamber’s Republican leadership and a handful of far-right lawmakers that will cause a government shutdown if it is not resolved in 12 days, Punchbowl News reports:Lawmakers had been scheduled to today vote to approve the rules of debate for the short-term funding measure, but it was unclear if it would have passed.With the US government 12 days away from shutting down, House Republicans were plagued by infighting between Kevin McCarthy and a handful of far-right lawmakers who refuse to approve a measure to keep the government open through October. In a sign of how bad the split has become, a procedural vote on the short-term funding bill expected to happen today was cancelled, and an attempt to advance a Pentagon spending bill was voted down, thanks to rightwing Republicans. But even if the House does get its ducks in a row, Democratic Senate leader Chuck Schumer said the short-term measure they would have voted on will not pass the chamber. It’s clear there’s lot of negotiating remaining if a government shutdown is to be avoided.Here’s what else happened today:
    House Republicans will hold the first hearing of their impeachment inquiry against Joe Biden next week.
    Mitch McConnell, the top Senate Republican, warned that the GOP may be blamed if the government shuts down.
    A Trump supporter at the center of conspiracy theories over January 6 has now been charged for his actions during the insurrection.
    Biden addressed the United Nations general assembly in New York City, and we have a live blog covering the day’s events.
    Jimmy Carter’s one-term presidency may have been on Biden’s mind as he pursued a deal with Iran that led to the release of seven Americans yesterday.
    As Politico reports, House Republicans aligned with Kevin McCarthy, which is most of them, had hoped that teeing up a vote on the defense spending measure would break the logjam with rightwing legislators who are holding up business in the chamber.But it didn’t work. The five GOP “no” votes, together with the Democrats’ refusal to vote for legislation they oppose, doomed the effort to begin debate on the bill:Punchbowl News reports that Republican lawmaker Mike Garcia accused the five Republicans who voted the rule down of, essentially, aiding the enemy:In a sign of how bad things have become in the House, Republican leaders just held a crucial vote to advance a Pentagon spending bill, but failed to win enough support for its passage after Democrats and a handful of GOP lawmakers opposed it.Representatives were voting on a rule to begin debate on the bill, but that failed to pass after Democrats – who appear perfectly happy watching the GOP’s slim majority slide into dysfunction – voted against it, as did a handful of Republicans.As it became clear that GOP leadership would not be getting its way today, sarcastic Democrats took to shouting “order!” in the chamber, as you can see from the clip below:There’s a new twist in the story of Ray Epps, a Donald Trump supporter who was present on January 6 and later found himself the subject of rightwing conspiracy theories that baselessly alleged he was an agent provocateur. As the Guardian’s Martin Pengelly reports, he himself is now in trouble with federal prosecutors:Ray Epps – a Donald Trump supporter, Oath Keepers militia member and January 6 participant who became the subject of rightwing conspiracy theories about the attack on Congress – has been charged with one criminal count related to the riot.In a court filing in US district court in Washington DC, dated Monday, federal prosecutors charged Epps with disorderly or disruptive conduct in a restricted building or grounds.The charge can carry a sentence of up to 10 years.A former US marine from Arizona, Epps went to Washington in January 2021 to join protesters seeking to block Joe Biden’s victory over Trump in the presidential election the previous November.On the night of 5 January, he was filmed in downtown Washington, telling other Trump supporters: “Tomorrow, we need to go into the Capitol … peacefully.”The next day, as Trump told supporters to “fight like hell” in his cause, the Capitol came under attack. The attack failed and Trump’s defeat was confirmed. Nine deaths have now been linked to the riot.The notion that Epps was a federal agent, acting as a provocateur, took root early. On the night of 5 January, some around him chanted: “Fed! Fed! Fed! Fed!” In footage of the attack, after a Capitol police officer went down, Epps was seen pulling a rioter aside.Rightwing media, prominently including the then Fox News prime-time host Tucker Carlson, eagerly took up the theory that Epps was linked to federal agents.The US Capitol Police has canceled the security alert it issued following the discovery of a suspicious vehicle and package near its headquarters:The Senate’s top Republican Mitch McConnell warned against shutting down the government and said voters would likely blame the GOP if the federal government runs out of money at the start of October, according to reporters at the Capitol:With the Republican-controlled House oversight committee set to hold its first impeachment hearing of Joe Biden next week, the White House has hit back with a statement condemning the panel as a “political stunt” and calling on Republicans to instead focus on avoiding a government shutdown.“Extreme House Republicans are already telegraphing their plans to try to distract from their own chaotic inability to govern and the impacts of it on the country,” the White House’s spokesperson for oversight and investigations Ian Sams said. “Staging a political stunt hearing in the waning days before they may shut down the government reveals their true priorities: to them, baseless personal attacks on President Biden are more important than preventing a government shutdown and the pain it would inflict on American families.”Sams continued:
    The President has been very clear: he is going to remain focused on the issues that matter to the American people, including preventing the devastating and harmful cuts proposed by House Republicans that are hurtling us toward a government shutdown. House Republicans should drop these silly political Washington games and actually do their job to prevent a government shutdown.
    In a press conference, chair of the House Democratic caucus Pete Aguilar signaled that the party’s lawmakers were in a wait-and-see mode as the GOP squabbles among themselves ahead of an end-of-the-month government shutdown deadline:Far-right Republicans have been pushing for amendments on the continuing resolution that would prevent funds from being used for Ukraine aid and other initiatives.Here are some of the amendments being requested from Marjorie Taylor Greene, from Punchbowl News’ Mica Soellner:There doesn’t seem to be much progress on the House GOP resolution, with Republicans still working to clear a path to get the resolution passed.Florida representative Matt Gaetz told reporters this afternoon that “no” progress was being made on getting the resolution passed.From Politico’s Jordain Carney:Georgia representative Marjorie Taylor Greene also said House GOP were “nowhere near” getting the legislation passed.From Punchbowl News’ Mica Soellner:The United States Capitol Police Headquarters was evacuated today over a suspicious package and vehicle found nearby the premises.Many busy roads near the vehicle have also been temporary closed while police investigate.A date has been set for the first hearing of the inquiry into impeaching Joe Biden, with a government shut down looming.The first hearing will be on 28 September, the Associated Press reported.It will focus on “constitutional and legal questions” around Biden’s involvement in Hunter Biden’s international businesses, a House Oversight Committee spokesperson told AP.House GOP members have insisted that Biden’s conduct as vice president point to a culture of corruption.”With the US government 12 days away from shutting down, House Republicans are plagued by infighting between Kevin McCarthy and a handful of far-right lawmakers who refuse to approve a measure to keep the government open through October. In a sign of how bad the split has become, a procedural vote on the short-term funding bill expected to happen today has been cancelled. But even if the House does get its ducks in a row, Democratic Senate leader Chuck Schumer said the measure they would have voted on will not pass the Senate. It’s clear there’s lot of negotiating remaining if a government shutdown is to be avoided.Here’s what else has happened today:
    House Republicans will hold the first hearing of their impeachment inquiry against Joe Biden next week.
    Biden addressed the United Nations general assembly in New York City, and we have a live blog covering the day’s events.
    Jimmy Carter’s one-term presidency may have been on Biden’s mind as he pursued a deal with Iran that led to the release of seven Americans yesterday. More

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    CCTV appears to show Lauren Boebert vaping during Beetlejuice musical – video

    Newly released surveillance video from a Denver theater appears to show Lauren Boebert vaping, singing, filming and disturbing other patrons during a Beetlejuice musical play. The US congresswoman has issued an apology after being kicked out of the performance in Denver for inappropriate behavior, an experience she has called ‘difficult and humbling’ More

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    Lauren Boebert says she ‘fell short of values’ after Beetlejuice groping video

    Lauren Boebert, the US congresswoman, has issued an apology after being kicked out of a performance of the musical Beetlejuice in Denver for inappropriate behavior, an experience she has called “difficult and humbling”.Boebert, a Republican representative for Colorado, and a male guest accompanying her were ejected from the musical on 10 September for vaping, recording video and disturbing other patrons during the Sunday performance. Video also showed them eagerly groping each other while in their seats.Boebert and her campaign manager initially denied that she was vaping and said she was removed for being too loud. But surveillance video obtained by the Denver television station 9News shows the congresswoman openly vaping during the performance.Two sources also confirmed to 9News that Boebert was vaping, a prohibited action that ushers attempted to address with her several times.A pregnant woman reportedly confronted Boebert and asked the congresswoman to stop vaping, the New York Post reported. But Boebert refused.“These people in front of us were outrageous,” the unnamed woman said to the Post. “I’ve never seen anyone act like that before.”The CCTV video also shows Boebert’s guest fondling her breasts after they had taken their seats. Boebert is also seen petting her guest’s crotch in the venue.Boebert and her date were later removed by security in the second act of the musical as their disruptive behavior continued.The CCTV footage shows a blurred-out gesture that Boebert flashed at theater security as she was escorted out. Business Insider reported that the gesture appeared to be a middle finger.According to a report of the confrontation from theater security, Boebert and her guest became argumentative with officials. “Do you know who I am?” the congresswoman allegedly asked, according to the theater security report.Boebert apologized for her behavior in a Friday evening statement.“The past few days have been difficult and humbling, and I’m truly sorry for the unwanted attention my Sunday evening in Denver has brought to the community,” Boebert, as reported by the Colorado Sun.Boebert added that her “public and difficult divorce” has created a “challenging personal time for me and my entire family”.skip past newsletter promotionafter newsletter promotion“I’ve tried to handle it with strength and grace as best I can, but I simply fell short of my values on Sunday,” Boebert said.Boebert filed for divorce from her husband, Jayson, in May. The couple had been married for nearly 20 years.Boebert’s disturbance at the musical was first confirmed on Tuesday, though the congresswoman initially attempted to suggest she had been removed from the theater for enjoying the performance too much.On X, formerly known as Twitter, Boebert wrote that she “[pleaded] guilty to laughing and singing too loud!”The Colorado congresswoman is in her second term after narrowly being re-elected in 2022.She is one of the most far-right representatives in Congress, widely known for bigoted statements she has made against LGBTQ+ people, Muslims and other marginalized communities.A report from the Advocate, the LGBTQ+ news outlet, noted that the man who accompanied her to Beetlejuice was a Democrat named Quinn Gallagher who is the proprietor of a bar that has hosted LGBTQ+ events and drag performances, which have often been targets of the political right. More

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    Hunter Biden’s lawyer criticizes charging decision as ‘bending to political pressure’ – as it happened

    From 2h agoHunter Biden’s lawyer has responded to the indictment, releasing a statement that said special counsel David Weiss’ “bending to political pressure presents a grave threat to our system of justice”.The statement by Abbe Lowell, reported by NBC News, says:
    As expected, prosecutors filed charges today that they deemed were not warranted just six weeks ago following a five-year investigation into this case.
    The evidence in this matter has not changed in the last six weeks, but the law has and so has Maga Republicans’ improper and partisan interference in this process. Hunter Biden possessing an unloaded gun for 11 day was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice.
    He added:
    We believe these charges are barred by the agreement the prosecutors made with Mr Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court.
    Here’s a recap of today’s developments:
    Federal prosecutors indicted Joe Biden’s son, Hunter Biden, over illegally possessing a firearm in Delaware. The indictment comes a month after the US attorney general, Merrick Garland, appointed the US attorney David Weiss, a Trump nominee, to oversee the investigation as special counsel. Hunter Biden could face up to 25 years in prison if convicted.
    The charges against Hunter Biden come in the same week as House Republicans formally opened an impeachment inquiry into the president, seeking to tie Joe Biden to his son’s business dealings. James Comer, the chair of the House oversight committee leading the Republican charge for the inquiry, said the charges against Hunter Biden are “a very small start”.
    Joe Biden has said Republicans launched an impeachment inquiry against him because “they want to shut down the government”.
    A Georgia judge has ruled that Donald Trump and 16 others will be tried separately from two defendants, lawyers Sidney Powell and Kenneth Chesebro, who are set to go to trial next month in the case accusing them of participating in an illegal scheme to overturn the results of the 2020 election. The Fulton county district attorney, Fani Willis, had been pushing to try all 19 defendants together.
    Mark Meadows, the former Trump White House chief of staff, withdrew his motion for an emergency stay in proceedings against him in the Fulton county court. Meadows had requested to transfer his Georgia 2020 election interference case from state to federal court on the basis that some of the charged conduct was within the scope of his official duties.
    Nancy Pelosi seemed to offer a less-than-ringing endorsement when asked if Kamala Harris was the best running mate for Joe Biden next year, saying: “He thinks so, and that’s what matters.” Pelosi, however, spoke glowingly of her fellow Californian’s political skills.
    Donald Trump said Joe Biden is “not too old at all” to be president but that he was “grossly incompetent”. In an interview with Megyn Kelly, the former president also said he didn’t know who gave top infectious disease official Anthony Fauci a presidential commendation – despite the fact that it was him.
    Read more:Trump impeachment: Trump seeks to divert attention from his impeachment inquiry towards Hunter’s business dealings in China and Ukraine.2020 presidential election: Trump repeatedly attacks Joe Biden over his family’s overseas business ties.December 2020: A month after his father wins the presidential election, Hunter confirms a Delaware attorney has been investigating his “tax affairs”. He says he had learned of the investigation, overseen by Trump-appointed US attorney David Weiss, from his lawyer a day before he confirmed it publicly. The investigation had been temporarily paused in the months leading up to the election.April 2023: An anonymous IRS whistleblower sends a letter to Congress saying the investigation into Hunter’s finances was mishandled.20 June 2023: Hunter is expected to plead guilty to two tax misdemeanors after a federal court in Delaware announced it had reached a deal that was set to shield him from jail time over gun charges in a separate case.19 July 2023: Two former agents at the IRS, including the previously anonymous whistleblower, testify at a GOP-lead House oversight hearing that DoJ officials “constantly hamstrung, limited and marginalized” the US attorney, Weiss, in his investigation into Hunter.26 July 2023: In a reversal, Hunter pleads not guilty to two tax misdemeanor charges after the judge, Maryellen Noreika, says she cannot accept the deal over a disagreement between the prosecution and Hunter’s legal team.The two sides settled a disagreement over whether Hunter could face future charges for violating foreign lobbying laws. After a short recess, his lawyers said they agreed with the DoJ’s interpretation that he could face additional charges, subject to further investigation.But Noreika again raises a question regarding a diversion agreement – where the prosecutor agrees to dismiss charges, with conditions – that would have cleared Hunter of his gun charges after two years if she found him to be compliant with the terms. Noreika said that power belonged to the DoJ, not her, and thus could not approve the deal.August 2023: This is the deadline Noreika sets for the two sides to file additional briefs defending the constitutionality of the original plea deal.Republican lawmakers are separately targeting the entire Biden family. The GOP-led House oversight committee is investigating whether the family’s business dealings harm US national security, and some extreme members are calling for impeachment.11 August 2023: Merrick Garland, the attorney general, appoints special counsel David Weiss to oversee Hunter’s case.14 September 2023: Hunter Biden is federally indicted with three felony counts, for illegally possessing a gun and making false statements when filling out paperwork to do so in 2018.Read more:In Wisconsin, Democratic attorney general Josh Kaul announced he had filed a lawsuit against Republican leaders, over the ousting of nonpartisan elections administrator Meagan Wolfe.Wolfe became lightning rod for conspiracy theories during the 2020 elections. Groups and individuals that spread falsehoods about widespread voter fraud in the 2020 election obsessed over Wolfe, publishing missives in Gateway Pundit, a site that peddles misinformation and earning a warning from state capitol police for allegedly stalking her.State lawmakers, largely focusing their criticisms on pandemic-related policies like the expanded use of ballot drop boxes and the guidance for nursing home voting, joined the chorus calling for Wolfe’s ouster.“The story today is not what the senate has purported to do with its vote,” he said in a press release. “It’s that the senate has blatantly disregarded state law in order to put its full stamp of approval on the ongoing baseless attacks on our democracy.”Read more:Hunter Biden’s lawyer has responded to the indictment, releasing a statement that said special counsel David Weiss’ “bending to political pressure presents a grave threat to our system of justice”.The statement by Abbe Lowell, reported by NBC News, says:
    As expected, prosecutors filed charges today that they deemed were not warranted just six weeks ago following a five-year investigation into this case.
    The evidence in this matter has not changed in the last six weeks, but the law has and so has Maga Republicans’ improper and partisan interference in this process. Hunter Biden possessing an unloaded gun for 11 day was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice.
    He added:
    We believe these charges are barred by the agreement the prosecutors made with Mr Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court.
    At least half a dozen House Republicans say they are open to supporting a motion to oust the speaker, Kevin McCarthy, in the event of a floor vote, according to a CNN report. The topic has come up in recent House Freedom caucus meetings, with some members feeling like McCarthy violated his terms to become speaker, the report says. It writes:
    If all Democrats support the move, as many of them are signaling they would, it would take just five Republicans to succeed, thrusting the House into chaos. At that point, the House would be paralyzed until a new speaker is elected.
    The Republican Florida congressman Matt Gaetz dismissed the indictment of Hunter Biden, comparing it to charging the serial killer Jeffrey Dahmer with littering.Hunter Biden has been charged by federal prosecutors with lying about his drug use when he bought a gun in 2018, in the same week as House Republicans formally opened an impeachment inquiry into the president, seeking to tie Joe Biden to his son’s business dealings.A court filing in the US district court in Delaware alleged Biden, 53, illegally obtained and possessed a Colt revolver in October 2018 after falsely declaring that he was not a user of, or addicted to, narcotic drugs. He has been charged with two counts of making false statements by checking a box falsely saying he was not a user of or addicted to drugs and a third count for possessing the gun as a drug user.The firearms indictment comes weeks after a plea deal collapsed that would have ensured Hunter Biden would avoid a criminal trial as his father runs for reelection for the 2024 presidential election.On Tuesday, House speaker Kevin McCarthy announced he is launching a formal impeachment inquiry into Joe Biden. According to McCarthy, findings from Republican-led investigations over the summer recess revealed “a culture of corruption”, and that Biden lied about his lack of involvement and knowledge of his family’s overseas business dealings.Many of the allegations center on Hunter Biden, who sat on the board of a Ukrainian energy company, Burisma, during his father’s term as vice-president. Republicans allege that Joe Biden improperly benefited from his son’s foreign connections but, after several months, have produced no evidence. Watchdog groups say Republicans do not actually have evidence to back up their claims.By a party-line vote, the Republican-dominated Wisconsin state senate has voted to oust the state’s top elections official, Meagan Wolfe.The move advances the goal of election deniers and conspiracy theorists who falsely claim the 2020 election was stolen by Joe Biden. It’s the latest example of Wisconsin politicians repeatedly revisiting the 2020 election, despite the fact that numerous recounts and reviews of the last presidential election in Wisconsin affirmed Biden’s victory over former president Donald Trump.Josh Kaul, the Wisconsin attorney general, objected to the proceedings, which Republicans in the Senate advanced despite the bipartisan commission failing to put forward Wolfe’s recommendation to the legislature. Nonpartisan attorneys agreed with Kaul’s legal objection and the status of Wolfe’s position will almost certainly be decided in court.During the floor session, the Democratic senator Mark Spreitzer, who serves on the shared revenue, elections and consumer protection committee called the nomination “fake”, and accused Republicans in the senate of indulging conspiracy theorists by “relitigat[ing] the 2020 election”.Elections observers worry the move will damage voters’ confidence in Wisconsin elections. And if Wolfe is removed or steps down, her vacancy will impact elections clerks around the state who rely on her office’s guidance during elections.James Comer, the chair of the House oversight committee leading the Republican charge for an impeachment inquiry into Joe Biden, said today’s charges against the president son, Hunter Biden, are “a very small start”.Posting to X, formerly known as Twitter, Comer wrote:
    Unless U.S. Attorney [David] Weiss investigates everyone involved in the fraud schemes and influence peddling, it will be clear President Biden’s DOJ is protecting Hunter Biden and the big guy.
    Federal prosecutors indicted Joe Biden’s son, Hunter Biden, over illegally possessing a firearm in Delaware on Thursday. The indictment comes a month after the US attorney general, Merrick Garland, appointed the US attorney David Weiss, a Trump nominee, to oversee the investigation as special counsel.Hunter Biden has been at the center of a years-long investigation into his tax affairs that was set to close with a guilty plea. But that plea deal fell apart at a Delaware courthouse after the Trump-appointed judge said she could not agree to the agreement, which ensured Biden would avoid jail time in a separate case of illegally possessing a gun while using drugs.Amid the controversy, the president has repeatedly said he supports his son and Hunter has been seen regularly at family events. Asked if President Biden would pardon his son in the event of any conviction, Karine Jean-Pierre, the White House press secretary, told reporters: “No.”But the younger Biden has been embroiled in a list of unrelated controversies for years, including his overseas dealings and struggles with addiction, which ex-President Trump and his allies have regularly sought to use as fodder for attacks.Here’s a comprehensive timeline of the moments that have propelled Hunter Biden into the limelight.Hunter Biden has been charged with three counts: two counts of making false statements by checking a box falsely saying he was not a user of or addicted to drugs and of illegally possessing the gun as a drug user, and one count for possessing the gun as a drug user.Two counts are punishable by up to 10 years in prison while the third carries up to five years in prison, upon conviction, AP reported.Hunter Biden has also been under investigation for his business dealings. The special counsel overseeing the case has indicated that charges of failure to pay taxes on time could be filed in Washington or in California, where he lives.Republican reactions to Hunter Biden’s indictment are starting to emerge online, with far-right Georgia representative Marjorie Taylor Greene asking:“But where are the indictments for tax fraud, FARA abuse, money laundering, and sex trafficking???”FARA refers to the Foreign Agents Registration Act which requires individuals who engage in specified activities within the US on behalf of a foreign principal to register with and disclose those activities to the justice department.Hunter Biden has drawn ire as a result of his overseas business dealings involving countries including Ukraine and China.Hunter Biden has been indicted by federal prosecutors on three criminal counts on firearm possession, according to court documents.The indictment was filed at the US district court in Delaware on Thursday and charges President Joe Biden’s 53-year-old son with unlawfully possessing a firearm as a drug addict.
    “Robert Hunter Biden, provided a written statement on Form 4473 certifying he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious,” the indictment said.
    The indictment brought special counsel David Weiss follows the collapse of a plea deal for Hunter Biden in July that would have seen him plead guilty to two misdemeanor tax charges and register in a program that would avoid prosecution on a gun-related charge.During the interview between Megyn Kelly and Donald Trump, they discussed the question Kelly asked Trump in 2015 during the Republican primary debate in which Kelly asked:“You’ve called women you don’t like fat pigs, dogs, slobs and disgusting animals.”Recalling the question, Trump said, “That was a badd question.”Kelly replied, “That was a great question,” to which Trump said, “That was a nasty question.”Trump continued to defend his 2015 answer to the question (“Only Rosie O’Donnell”) and said, “I came up with a good answer.”Mark Meadows, the former Trump White House chief of staff, has withdrawn his motion for an emergency stay in proceedings against him in the Fulton county court.Meadows had requested to transfer his Georgia 2020 election interference case from state to federal court on the basis that some of the charged conduct was within the scope of his official duties.From Politico’s Kyle Cheney:Joe Biden has said Republicans launched an impeachment inquiry against him because “they want to shut down the government”.Without agreement on new funding by 30 September, the federal government will at least partly shut down. Hard-right Republicans are demanding cuts to some spending and increases in other areas, particularly immigration enforcement. Some made an impeachment inquiry – regarding the business affairs of the president’s son, Hunter Biden, and unsubstantiated allegations of corruption involving Joe Biden – a condition of support for keeping the government open.Given he must run the House with just a five-seat majority, the House speaker, Kevin McCarthy, is at the mercy of such pressure.With more than five Republicans having expressed skepticism about whether impeachment would be merited, McCarthy skipped a vote on whether to open an inquiry.That followed the example of Nancy Pelosi, his Democratic predecessor, who did not hold a House vote before proceedings against Donald Trump began in 2019. Notably, it also opened McCarthy to accusations of hypocrisy, given that he excoriated Pelosi and told rightwing news outlets at the time that he would hold a vote.After an inquiry, impeachment must be voted on by the full House. A yes vote sends the president to the Senate for trial. A vote there decides if the president will be acquitted, or convicted and removed.Trump was impeached twice, first for seeking political dirt on the Biden family and others in Ukraine, then for inciting the January 6 attack on Congress. The second Trump impeachment was the most bipartisan in history, with 10 House Republicans voting to impeach and seven Republican senators voting to convict. But enough Senate Republicans stayed loyal to see Trump acquitted.The other impeached presidents – Andrew Johnson (1868) and Bill Clinton (1998) – also survived Senate trials. As Democrats now hold the Senate, the effort against Biden stands next to no chance of succeeding. More

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    Impeaching Biden is a desperate Republican gamble that will backfire | Lloyd Green

    Already in a footrace for re-election, Joe Biden now faces an unwelcome impeachment inquiry. Against the backdrop of a likely government shutdown, the US again stands to be buffeted by our deep and wide partisan divide. Practically speaking, however, he will survive. Conviction by the Senate is a mathematical impossibility.Democrats are in control and Senate Republicans are nowhere near being onboard. “It’s a waste of time,” as one anonymous Republican senator told the Hill. “It’s a fool’s errand.” Said differently, impeachment will scar all concerned – Republicans included.Already, Kevin McCarthy, the speaker of the House, appears desperate and craven. “Maybe this is just Kevin giving people their binkie to get through the shutdown,” the same Republican senator remarked.Even so, Biden confronts rough political terrain. His numbers are underwater, and the US lacks confidence in his capacity to vanquish inflation. His age is a turn-off, too, rivaled only by the unpopularity of Kamala Harris, his running mate.Meanwhile, the indictment of Hunter Biden, the First Son, is a foregone conclusion, a matter of a few weeks not months. Some of the president’s past statements about his lack of nexus to Hunter and businesses do not withstand scrutiny, according to sworn statements. The Republican party possesses ammo.Hunter, in fact, did make money in China and Biden did meet with one of his associates. On top of it all, the president clings to his surviving son, inviting him to a state dinner and vacations with him. The psychodrama continues.Likewise, expect Peter Doocy of Fox News to remain parked at the pivot point between squeegee pest and human thorn. Just a reminder, it was Rupert Murdoch’s New York Post that stuck with the Hunter Biden laptop story. There was a “there” there after all.Yet, this is only the half of the story. Impeachment will likely pave the way for Republican overreach and stories aplenty of the speaker being inept and beholden to Republican jihadists. It might even cost him his job. The latest polls peg McCarthy’s favorability at minus 16.While the public has little love for Biden, the impeachment drive could well strike swing voters as a bridge too far. First, the inquiry appears to be legally defective. McCarthy embarked on this voyage without an authorization vote and that may be a big deal, one that rules out the prospect of compliance or assistance from Merrick Garland’s justice department.Perversely here, Biden may owe Donald Trump a “thank you” of sorts. Back in September 2019, House Democrats initially launched their impeachment without a vote. A month later, one followed. Then in January 2020, Trump’s justice department formally determined that without an authorization vote, impeachment inquiries lack legal teeth.The Department of Justice’s office of legal counsel opined: “The House of Representatives must expressly authorize a committee to conduct an impeachment investigation and to use compulsory process in that investigation before the committee may compel the production of documents or testimony in support of the House’s power of impeachment.”Unfortunately for Trump and his allies, the opinion remains on the books and binds the present administration. As a result, the justice department and the White House will be able to smile as they stiff-arm House Republicans.Then there is McCarthy’s growing credibility problem. Two weeks ago, he told Breitbart that he had the votes in hand. On 1 September 2023, Breitbart’s headlines screamed: “EXCLUSIVE – McCARTHY DETAILS IMPEACHMENT INQUIRY PROCESS: ‘IF WE MOVE FORWARD,’ IT ‘WOULD OCCUR THROUGH A VOTE’ ON THE HOUSE FLOOR.”Not anymore. Pressed about his prior commitment, McCarthy grew testy, telling CNN: “I never changed my position.”At the same time, he may be facilitating the end of the current House majority and, by extension, his gig as speaker. Just as abortion limited Republican gains in the midterms, impeachment will likely remind purple America of the Republican party’s capacity for excess and extremism – particularly if House Republicans impose a prolonged government shutdown.Warning lights flash. “I recommend … against [an impeachment] inquiry unless more evidence that directly connects to President [Biden] is found,” Don Bacon, a Republican congressman from Nebraska, has said. He is also “skeptical” that a vote to launch the inquiry would have succeeded.Meanwhile, McCarthy can’t even move a partisan defense bill forward and continues to catch incoming fire from the right. The emperor may be stark naked. On Wednesday night, Matt Gaetz labeled him “a sad and pathetic man who lies to hold on to power”.“Eventually, the lying has to come to an end and the votes are gonna start on a motion to vacate,” the Florida congressman explained.For his part, Andy Biggs has publicly attacked McCarthy for distracting from the budget fight. “I think the timing is interesting, don’t you?” the Arizona conservative hinted. “It might be seen by some as a deflection.”For that matter, “desperation” might be the better word. Even as McCarthy seeks to oust Biden, it is his own job that is now in jeopardy.
    Lloyd Green is an attorney in New York and served in the US Department of Justice from 1990 to 1992 More

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    Appeals court shields Trump ally Scott Perry’s phone in 2020 election inquiry

    A federal appeals court has ruled that top House Republican Scott Perry’s text messages about efforts to overturn the results of the 2020 election were constitutionally protected and off-limits to prosecutors, according to the opinion in the case that was newly unsealed on Wednesday.The three-judge panel at the US court of appeals for the DC circuit found that Perry’s communications with congressmen and staff were protected under the so-called speech or debate clause, which shields members of Congress from legal proceedings connected to their official duties.“These are quintessential legislative acts entitled to the privilege, and we vacate the district court’s judgment with respect to those communications and remand,” the appeals court ruled.It also concluded the lower court was wrong to decide that Perry’s communications only qualified for the speech or debate clause protection if the fact-finding had been authorized by an official body, like a congressional committee, saying some “informal” fact-finding would be privileged.The opinion – written by the Trump-nominated circuit judge Neomi Rao and joined by Greg Katsas, also nominated by Trump, and Karen Henderson, nominated by George HW Bush – marks a setback for the special counsel Jack Smith investigating efforts in 2020 to stop the peaceful transfer of power.Still, the appeals court determined that some information gathered by Perry during his informal fact-finding might not be protected. For messages to qualify for the privilege, the appeals court ruled, they must be “integral” or “essential” to the legislative work in question.It also rejected Perry’s categorical position that all of his messages, including to people not working in the executive or legislative branches, were privileged.“We disagree with the district court’s holding that informal fact-finding is never a legislative act. But we also reject Representative Perry’s proposition that informal fact-finding is always a legislative act,” the appeals court found.The ruling instructed the then chief US district judge Beryl Howell to reconsider her initial decision allowing prosecutors to access some of Perry’s phone, and apply their reasoning on a communication-by-communication basis for his messages with executive branch and non-congressional officials.The case now goes back to federal district court in Washington, unless prosecutors ask for an en banc rehearing of the matter before the full DC circuit. A spokesperson for the special counsel’s office declined to comment whether prosecutors would take that step.For around a year, prosecutors have sought to trawl through 2,200 messages and documents on Perry’s phone related to his involvement in Trump’s efforts to reverse his 2020 election defeat and to stop the January 6 congressional certification of the 2020 election results.skip past newsletter promotionafter newsletter promotionThe FBI seized Perry’s phone last August pursuant to a court-authorized warrant, even before Smith was appointed special counsel, but sought a second warrant to search through his texts and emails with members of Congress, executive branch officials and other third-parties.The interest in Perry, the chairman of the powerful and ultraconservative House Freedom Caucus and one of Trump’s most ardent supporters on Capitol Hill, came because he introduced Trump to former justice department official Jeff Clark in 2020, according to people familiar with the matter.Clark subsequently became a central player in Trump’s efforts to decertify the election results in battleground states that he lost and infamously drafted a false memo saying the justice department was investigating election fraud in Georgia when it was not.That false memo, among other things, led to prosecutors in Fulton county, Georgia, charging Clark alongside Trump and others on racketeering charges alleging that he violated state law in trying to overturn the election results. Clark has pleaded not guilty in that case.Perry was also involved in meetings with Trump at the White House in the weeks before the Capitol attack, including a strategy session with other Republican members of Congress on 21 December 2020, where they strategized ways to stop the certification from taking place. More