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    Trump committed treason and will try again. He must be barred from running | Robert Reich

    The most obvious question in American politics today should be: why is the guy who committed treason just over two years ago allowed to run for president?Answer: he shouldn’t be.Remember? Donald Trump lost re-election but refused to concede and instead claimed without basis that the election was stolen from him, then pushed state officials to change their tallies, hatched a plot to name fake electors, tried to persuade the vice-president to refuse to certify electoral college votes, sought access to voting-machine data and software, got his allies in Congress to agree to question the electoral votes and thereby shift the decision to the House of Representatives, and summoned his supporters to Washington on the day electoral votes were to be counted and urged them to march on the US Capitol, where they rioted.This, my friends, is treason.But Trump is running for re-election, despite the explicit language of section three of the 14th amendment to the constitution, which prohibits anyone who has held public office and who has engaged in insurrection against the United States from ever again serving in public office.The reason for the disqualification clause is that someone who has engaged in an insurrection against the United States cannot be trusted to use constitutional methods to regain office. (Notably, all three branches of the federal government have described the January 6 attack on the US Capitol as an “insurrection”.)Can any of us who saw (or have learned through the painstaking work of the January 6 committee) what Trump tried to do to overturn the results of the 2020 election have any doubt he will once again try to do whatever necessary to regain power, even if illegal and unconstitutional?Sure, the newly enacted Electoral Count Reform Act (amending the Electoral Count Act of 1887) filled some of the legal holes, creating a new threshold for members to object to a slate of electors (one-fifth of the members of both the House and the Senate), clarifying that the role of the vice-president is “solely ministerial” and requiring that Congress defer to slates of electors as determined by the states.But what if Trump gets secretaries of state and governors who are loyal to him to alter the election machinery to ensure he wins? What if he gets them to prevent people likely to vote for Joe Biden from voting at all?What if he gets them to appoint electors who will vote for him regardless of the outcome of the popular vote?What if, despite all of this, Biden still wins the election but Trump gets more than 20% of Republican senators and House members to object to slates of electors pledged to Biden, and pushes the election into the House where Trump has a majority of votes?Does anyone doubt the possibility – no, the probability – of any or all of this happening?Trump tried these tactics once. The likelihood of him trying again is greater now because his loyalists are now in much stronger positions throughout state and federal government.skip past newsletter promotionafter newsletter promotionYes, they were held back in the 2020 midterms. But in state after state, and in Congress, Republicans who stood up to Trump have now been purged from the party. And lawmakers in what remains of the Republican party have made it clear that they will bend or disregard any rule that gets in their way.In many cases, the groundwork has been laid. As recently reported in the New York Times, for example, the Trump allies who traveled to Coffee county, Georgia, on 7 January 2021 gained access to sensitive election data. They copied election software used across Georgia and uploaded it on the internet – an open invitation to election manipulation by Trump allies in 2024.If anything, Trump is less constrained than he was in 2020.“In 2016, I declared I am your voice,” Trump said last month at the Conservative Political Action Conference, a line he repeated at his first 2024 campaign rally, in Waco, Texas, a few weeks later. “Today, I add: I am your warrior. I am your justice. And for those who have been wronged and betrayed, I am your retribution.”Filing deadlines for 2024 presidential candidates will come in the next six months, in most states.Secretaries of state – who in most cases are in charge of deciding who gets on the ballot – must refuse to place Donald Trump’s name on the 2024 ballot, based on the clear meaning of section three of the 14th amendment to the US constitution. More

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    AOC: ‘Better for country’ if Dominion had secured Fox News apology

    Dominion Voting Systems would have better served the US public had it refused to settle its $1.6bn defamation suit against Fox News until the network agreed to apologise on air for spreading Donald Trump’s lie about voter fraud in the 2020 election, Alexandria Ocasio-Cortez said.“What would have been best for the country, would have been to demand that and to not settle until we got that,” the New York congresswoman said.Dominion and Fox this week reached a $787.5m settlement, shortly before trial was scheduled to begin in a Delaware court.Legal filings laid out how in the aftermath of Joe Biden’s election win and the run-up to the January 6 attack on Congress, Fox News hosts repeated claims they knew to be untrue, as executives feared viewers would desert the network for rightwing competitors One America News and Newsmax.Rupert Murdoch, the 92-year-old media mogul and Fox News owner, was among witnesses due to testify.Fox faces other legal challenges but its avoidance of an apology to Dominion caused widespread comment, with some late-night hosts moved to construct their own on-air mea culpas.Ocasio-Cortez, popularly known as AOC, acknowledged Dominion was not beholden to public opinion.“This was a corporation suing another corporation for material damages,” she told the former White House press secretary Jen Psaki, now an MSNBC host, on Sunday. “Their job is to go in and get the most money that they can. And I think that they did that. They are not lawyers for the American public.”The congresswoman continued: “I think what is best for the country, what would have been best for the country, would have been to demand that and to not settle until we got that. But that is not their role.“And so for us, I think this really raises much larger questions. Very often, I believe that we leave to the courts to solve issues that politics is really supposed to solve, that our legislating is supposed to solve.“We have very real issues with what is permissible on air. And we saw that with January 6. And we saw that in the lead-up to January 6, and how we navigate questions not just of freedom of speech but also accountability for incitement of violence.”Nine deaths have been linked to the January 6 Capitol attack, including law enforcement suicides. More than a thousand arrests have been made and hundreds of convictions secured. Trump was impeached a second time for inciting the attack. Acquitted by Senate Republicans, he is the leading contender for the Republican presidential nomination.Asked if media platforms should be held accountable for incitement, Ocasio-Cortez said: “When it comes to broadcast television, like Fox News, these are subject to federal law, federal regulation, in terms of what’s allowed on air and what isn’t.“And when you look at what [the primetime host] Tucker Carlson and some of these other folks on Fox do, it is very, very clearly incitement of violence. And that is the line that I think we have to be willing to contend with.” More

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    Supreme court justices think selves exempt from rules, top Democrat says

    Dick Durbin, the Democratic chair of the Senate judiciary committee leading a push for supreme court ethics reform, accused the top court of being a panel of “nine justices [who] believe they are exempt from the basic standards of disclosure”.His claim came amid growing criticism of the conservative justice Clarence Thomas, whose judicial record is under scrutiny after he became embroiled in scandal over taking undeclared gifts from a Republican mega-donor.The last US Congress considered a bill demanding the inclusion of the supreme court in existing judicial conference regulations but it did not clear the Senate and the chief justice, John Roberts, has been mostly silent on the issue.Speaking to NBC’s Meet the Press on Sunday, Durbin said he hoped Roberts would take advantage of an invitation to testify before the judiciary committee on 2 May, to explain how he intended to handle ethics reform.“This is John Roberts’s court,” the Illinois Democrat said. “We are dealing with a situation where history will remember it as such. He is an articulate, well-schooled man when it comes to presenting his point of view. I’m sure he’ll do well before the committee.“But history is going to judge the Roberts court by his decision as to reform, and I think this is an invitation for him to present it to the American people.”Asked why he didn’t ask Thomas to appear, Durbin said: “I know what would happen to that invitation. It would be ignored. It is far better from my point of view to have the chief justice here.”Durbin’s statement that he thought all nine justices considered themselves above ethics standards came when he was asked what a code of conduct might look like.“[It] would look an awful lot like the code that applies to the rest of federal government and other judges, and basically would have timely disclosures of transactions like this purchase of the justice’s mother’s home,” he said, referring to Thomas’s failure to declare the sale to the mega-donor Harlan Crow.“It would also give standards for recusal so that if there’s going to be conflict before the court and recusal, it’d be explained publicly, and investigations of questions that are raised. It’s the same across the board code of conduct, ethics laws, applied to the court.“Why this supreme court, these nine justices, believe they are exempt from the basic standards of disclosure, I cannot explain.”Durbin’s invitation to Roberts did not mention Thomas, referring instead to “a steady stream of revelations regarding justices falling short of the ethical standards expected of other federal judges and, indeed, of public servants generally”.The court’s “decade-long failure” to address those problems has “contributed to a crisis of public confidence”, Durbin wrote.He said the 2 May hearing would focus on “the ethical rules that govern the justices of the supreme court and potential reforms to those rules”, noting that the “scope of your testimony can be limited to these subjects, and that you would not be expected to answer questions from senators regarding any other matters”. More

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    George Santos, Republican who lied in his first election, announces second run

    Disgraced Republican congressman George Santos, who has admitted to fabricating parts of his résumé in his successful bid for a seat in the House of Representatives, has announced he will stand for a second term representing his New York district.Santos, whose district is focused on New York City’s suburbs, is the subject of an inquiry by the House ethics committee, as well as complaints alleging sexual harassment and campaign finance violations.Shortly after he admitted to lying during his election campaign last year, Santos stepped down from all House committees. He is expected to face many challengers in the Republican primary for the district, which leans Democratic.Santos was characteristically forthright in his re-election announcement, ignoring the multiple scandals that have repeatedly emerged in the US media that range from puppy theft to lying about being a producer on a Broadway musical about Spider-Man and making claims to have lost family in the Holocaust.“Since the left is pushing radical agendas, the economy is struggling, and Washington is incapable of solving anything, we need a fighter who knows the district and can serve the people fearlessly, and independent of local or national party influence,” he said in a statement.He added: “Good is not good enough and I am not shy about getting the job done.”Santos has long faced calls to quit from fellow New York Republicans and voters in his Queens and Long Island district. Democrats are hopeful they will be able to grab the seat. More

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    Lindsey Graham calls fellow Republican ‘irresponsible’ for defending Pentagon leaker

    Senator Lindsey Graham condemned his fellow Republican Marjorie Taylor Greene as “terribly irresponsible” on Sunday, after the far-right congresswoman defended the air national guardsman charged with leaking Pentagon intelligence documents.Speaking on ABC’s This Week show, Graham said the leaks had “done a lot of damage to our standing” and criticized “those who are trying to sugarcoat this on the right”.Taylor Greene, a known conspiracy theorist and election denier who was controversially named to the homeland security committee in January, had suggested on Thursday that Jack Teixeira, an airman in the air national guard who has been charged under the Espionage Act after allegedly leaking hundreds of secret defence documents, had been treated unfairly.“There are military members serving today from Georgia and other places who are less safe because of what this airman did,” Graham told ABC.“There is no justification for this, and for any member of Congress to suggest it’s OK to leak classified information because you agree with the cause is terribly irresponsible and puts America in serious danger.”Teixeira published at least 300 documents, according to reports, to the Discord messaging platform. Some of the documents included details on Ukraine’s defense capabilities, while others pointed to how US intelligence has infiltrated the Russian military and appeared to show US spying on close allies including Ukraine, South Korea and Israel.After Teixeira was arrested at his home in North Dighton, Massachusetts, on Thursday, Taylor Greene said he had been targeted by the government.“Teixeira is white, male, christian, and antiwar. That makes him an enemy to the Biden regime. And he told the truth about troops being on the ground in Ukraine and a lot more,” Greene, a congresswoman from Georgia, said on Twitter.“Ask yourself who is the real enemy? A young low level national guardsmen? Or the administration that is waging war in Ukraine, a non-Nato nation, against nuclear Russia without war powers?”Other rightwing figures have also defended Teixeira, with Tucker Carlson, the influential Fox News host, praising him as someone who “told Americans what’s actually happening in Ukraine”.Asked about Greene’s comments on Sunday, Graham said: “What they’re suggesting will destroy America’s ability to defend itself.”“That it’s OK to release classified information based on your political views. That the ends justify the means. It is not OK. If you’re a member of the military intelligence community and you disagree with American policy and you think you’re going to be OK when it comes to leaking classified information, you’re going to go to jail. It’s one of the most irresponsible statements you can make,” Graham said.He added: “There is no justification for this. And for any member of Congress to suggest it’s OK to leak classified information because you agree with the cause is terribly irresponsible. And puts America in serious danger.”Teixeira was charged in federal court in Boston on Friday with the unauthorized retention and transmission of national defense information, and the unauthorized removal and retention of classified documents.Each charge under the act can carry up to a 10-year prison term, and prosecutors could treat each leaked document as a separate count in his indictment. More

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    As the west tries to limit TikTok’s reach, what about China’s other apps?

    As TikTok, the world’s most popular app, comes under increasing scrutiny in response to data privacy and security concerns, lawmakers in the west may soon set their sights on other Chinese platforms that have gone global.TikTok was built by ByteDance as a foreign version of its popular domestic video-sharing platform, Douyin. But it is far from being ByteDance’s only overseas moneymaker. The Chinese company owns dozens of apps that are available overseas, many of them English-language versions of Chinese offerings.CapCut is a video-editing app that is used by TikTok creators, while Lark is a workplace collaboration platform. Other apps, particularly e-commerce platforms such as Shein, have become hugely popular in the US and the UK.The US Congress is now considering the introduction of the Restrict Act, which would give the commerce department the power to ban TikTok and other apps that pose national security risks. Because the main concern about Chinese apps is that they are subject to interference from the Chinese Communist party, many household names could soon be in the line of fire.CapCutCapCut is the Chinese version of ByteDance’s JianYing. It was the fourth-most downloaded app globally in 2022, behind TikTok, Instagram and WhatsApp, according to Statista, which analyses market and consumer data.Despite the security concerns over TikTok, governments have said little about CapCut. India’s government is an outlier, banning the app in 2020 along with a host of others made by Chinese companies.First released in April 2020, CapCut has been downloaded more than 500m times on the Google Play store globally. On Apple devices, it was downloaded 25m times just last month, according to data analysts Sensor Tower. At times in 2021, CapCut was the most downloaded free app in the US.LarkLark, a workplace collaboration platform, launched in 2019. Its Chinese version is called Feishu, but the two platforms operate and store data separately, with Lark being managed from Singapore.It has already launched in the US, south-east Asia and Japan, and has plans to expand into Europe. Its target audience is multinational companies that work with China, or Chinese companies working overseas.Lark combines elements of Slack, Dropbox, Google Docs and Skype. It is a minnow compared with ByteDance’s other products, but is part of a strategy to diversify the company’s offering.Now, however, Lark’s future looks uncertain. It explicitly deals with the kind of proprietary data that western lawmakers and companies would want to keep secure. Ivy Yang, a China tech analyst who previously worked for tech firm Alibaba, said that, for years, Chinese apps pursued a strategy of developing “under the radar” before being discovered more widely. But, Yang said, “that trajectory has to shift because the American government doesn’t allow them to do that any more”.WeChatTencent’s WeChat – which has more than 1.1 billion users – is overwhelmingly used in China, where the all-encompassing app is essential for communications, bookings, finances, and even health monitoring during the pandemic.But it is popular in other countries, too, particularly for diaspora communities wanting to keep in touch with friends and family back in China. Disinformation is particularly rife on WeChat, in part because news spreads in private chat groups rather than on public feeds, so is harder to monitor.In 2022, it was downloaded more than 66m times in China, about 2.1m times in both the US and Indonesia, and more than 1m times in Malaysia, Vietnam and Taiwan.In September 2020, the then US president, Donald Trump, sought to ban WeChat and TikTok outright. This led to lawsuits and court-ordered stays on the ban, and in 2021 his successor, Joe Biden, withdrew Trump’s executive orders. Biden’s administration also launched national security reviews of apps created by companies with links to adversarial foreign governments such as China.WeChat is a Chinese-made app also used in the west, unlike TikTok, CapCut and others, which are western versions of Chinese apps. In 2021, WeChat said it had separated processes for its domestic Chinese users and those who log in with a foreign phone number.But in September last year, overseas users received pop-up messages warning them that “personal data [including] likes, comments, browsing and search history, content uploads, etc” would be stored on Chinese servers.SheinShein, pronounced “shee-in”, is the world’s largest fashion retailer. Founded in 2008 in Nanjing, last year it was the most-downloaded fashion and beauty app in the US, with more than 27m downloads, according to Statista.skip past newsletter promotionafter newsletter promotionConsumers are turning to Shein because it is cheap. But, said Yang, it is also “a lot more fun”. Chinese e-commerce apps are “a lot more engaging”, with pop-ups offering discounts and deals to gamify the shopping experience.Despite the cheap prices, its revenues are huge. In 2022, it raked in $22.7bn (£18.2bn), putting it in the same league as established behemoths such as H&M and Zara. Rui Ma, a China tech analyst and investor, said that Shein’s core advantage was its supply chain. Unlike other fashion companies, Shein works directly with the material suppliers and factories, so it has a detailed understanding of its own pipeline. Ma said Shein’s inventory waste “is one-10th that of the industry average”, which allowed it to keep prices down.TemuTemu only launched in the US in September 2022, but by January this year it was the most popular app in the country. The e-commerce platform sells everything from wireless earphones for $5.09 to a cat’s toothbrush for $0.44.Its inventory is a core part of its business model: it prioritises lightweight products to reduce cargo costs, and ships to consumers directly from factories in China. This allows it to offer rock-bottom prices. It also requires vendors to offer products that are not available on other platforms.It is a subsidiary of PDD Holdings Inc, a Chinese company that also owns the Chinese internet retailer Pinduoduo. Pinduoduo is the dark horse of the Chinese e-commerce market. Despite being much younger than Alibaba and JD.com, which dominate the industry, Pinduoduo has about 15% of the market share. Ma said PDD had “a team that is really good at execution, and they’re taking a lot of the Chinese advantages, and their knowhow, into expanding abroad”.Yang also notes that with US consumers being increasingly cash-strapped, they are willing to wait longer – Temu’s delivery times can be one to two weeks – for cheaper products. That is a challenge for US giants such as Amazon, which have prioritised speed of delivery above all else.AliExpressLast year AliExpress, the online marketplace of the tech giant Alibaba, was the third-most popular marketplace app in the UK, with 1m downloads, behind Amazon and eBay. Rather than working directly with factories, it connects small businesses in China with consumers around the world to sell cheap products, often in bulk.However, despite being backed by China’s leading e-commerce platform, AliExpress has failed to catch on in the west as successfully as newer rivals such as Temu and Shein. Yang said part of the reason for this was that it didn’t have the “laser focus” of its competitors. Yang said that AliExpress “was never really under pressure to thrive” in the west because Alibaba already had so many arms to its business, including Taobao, for shopping, and Alipay, a mobile payments system that is ubiquitous in China.What’s next for Chinese apps?In theory, many of the accusations that have been levelled against TikTok – such as that it is bad for children’s mental health or engages in censorship of political topics – should be less applicable to other Chinese apps that are popular in the west. Fast fashion and cheap cosmetics are less controversial than algorithmically delivered content that is seen as shaping young minds. And shopping apps like Temu and Shein are dependent on physical supply chains, so they are less able to change or mask their Chinese links.But US lawmakers have warned that any Chinese-owned apps could be vulnerable to data privacy breaches or interference from the Chinese Communist party.Some analysts have pointed out that the US does not have comprehensive data privacy laws, meaning that users of any apps have little control over how their data is used.Ma said: “It doesn’t make much sense to me that a shopping app is going to be put on the same level [of scrutiny] as a media app. But my view is that it’s not going to stop anyone from trying.” More