More stories

  • in

    Closing arguments begin in trial of Proud Boys for January 6 Capitol attack

    Ready for “all-out war”, leaders of the far-right Proud Boys viewed themselves as foot soldiers for Donald Trump as he clung to power after the 2020 election, a prosecutor said on Monday at the close of a historic trial over the January 6 Capitol attack.After more than three months of testimony, jurors began hearing closing arguments in the seditious conspiracy case accusing the former Proud Boys national chairman, Enrique Tarrio, and four lieutenants of plotting to forcibly stop the transfer of power.The Proud Boys were “lined up behind Donald Trump and willing to commit violence on his behalf”, prosecutor Conor Mulroe said. “These defendants saw themselves as Donald Trump’s army, fighting to keep their preferred leader in power no matter what the law or the courts had to say about it.”The justice department has worked to link the violence of 6 January 2021 to Trump. Prosecutors have repeatedly shown a video clip of Trump telling the Proud Boys to “stand back and stand by” during his first debate with Joe Biden.Tarrio is one of the top targets of the Capitol attack investigation. He wasn’t in Washington but is accused of orchestrating it from afar. Defense attorneys say there is no evidence of a conspiracy or a plan to attack the Capitol.Nicholas Smith, an attorney for the former Proud Boys chapter leader Ethan Nordean, said prosecutors built their case on “misdirection and innuendo”, accusing them of repeatedly playing the clip of Trump to manipulate jurors.“Does that prove some conspiracy by the men here?” Smith asked. “We all know it doesn’t.”Mulroe said a conspiracy can be an unspoken and implicit “mutual understanding, reached with a wink and a nod”.Seditious conspiracy, a civil war-era charge that can be difficult to prove, carries a sentence of up to 20 years. The Proud Boys face other charges too.The justice department has secured seditious conspiracy convictions against the founder and members of another far-right group, the Oath Keepers. But this is the first major trial involving the Proud Boys, a neo-fascist group that remains a force in Republican politics.The government’s case is founded on messages leaders and members exchanged in encrypted chats and posted on social media before, during and after the January 6 attack. The messages show Proud Boys celebrating when Trump told them to “stand back and stand by”. After the election, they raged online about baseless claims of a stolen election and what would happen when Biden took office.“If Biden steals this election, [the Proud Boys] will be political prisoners,” Tarrio posted. “We won’t go quietly … I promise.”Jurors also saw gleeful messages posted during the Capitol riot when a group marched to the Capitol and some of them entered the building after the mob overwhelmed police.“Make no mistake,” Tarrio wrote. “We did this.”Prosecutors showed videos during closing statements, including one that appeared to show defendant Zachary Rehl spraying police with pepper spray. Confronted with the images earlier in the trial, Rehl said he didn’t remember it and couldn’t tell if it was him. Mulroe said the images show “he did it and he lied under oath about it”.Tarrio, a Miami resident, Nordean and Rehl are on trial with Joseph Biggs and Dominic Pezzola. Nordean, of Auburn, Washington, was a chapter president. Biggs, of Ormond Beach, Florida, was a self-described organizer. Rehl was president of a chapter in Philadelphia. Pezzola was a member from Rochester, New York.skip past newsletter promotionafter newsletter promotionTarrio was arrested in Washington two days before the January 6 attack on charges that he burned a church’s Black Lives Matter banner. He followed a judge’s order to leave town.Defense attorneys called several current and former Proud Boys, trying to portray the group as a drinking club that only engaged in violence for self-defense.“If you don’t like what some of them say, that doesn’t make them guilty,” Rehl’s attorney, Carmen Hernandez, told jurors.Rehl said the group had “no objective” on 6 January. Pezzola testified that he got “caught up in the craziness” and acted alone when he used a riot shield to smash a Capitol window.The prosecutor told jurors the Proud Boys leaders wanted to stop Congress from certifying Biden’s victory “by any means necessary, including force”.“You want to call this a drinking club? You want to call this a men’s fraternal organization? Ladies and gentlemen, let’s call this what it is … a violent gang that came together to use force against its enemies,” Mulroe said.Key witnesses included two former Proud Boys who pleaded guilty to riot-related charges and are cooperating with the government in hope of lighter sentences.The first, Matthew Greene, testified that group members were expecting a “civil war”. The second, Jeremy Bertino, testified that he viewed the Proud Boys as leaders of the conservative movement and “the tip of the spear”.The Proud Boys’ defense mirrored arguments made by lawyers for members of the Oath Keepers: that there was no evidence of a plan to attack the Capitol.Prosecutors secured seditious conspiracy convictions against six Oath Keepers, while three were acquitted. Those three, however, were convicted of obstructing certification of Biden’s victory. More

  • in

    A Fever in the Heartland review: chilling tale of the Klan and a dangerous leader

    Hubris can be difficult to resist, no matter how well one appreciates the danger. Foremost, in his new book A Fever in the Heartland: The Ku Klux Klan’s Plot to Take Over America and the Woman Who Stopped Them”, Timothy Egan indicates just how self-destructive hubris can be.It led to the downfall of David C Stephenson, a sadistic, grifting, backstabbing, vengeful, womanizing grand wizard of the Ku Klux Klan, the center of Egan’s story of extremism and white rage, a tale with many parallels to our own time. Similar overconfidence might yet bring down Donald J Trump. For sure, reading Egan’s gripping book, my own hubris nearly waylaid me.At first, it seemed no writer could possibly offer anything different from what had already been compellingly presented on TV. In 1989, I was among rapt multitudes introduced by the miniseries Cross of Fire to this lurid tale from the second rise of the Klan.The KKK was born at the close of the civil war, in resentment of burgeoning African American independence. By the 1890s it was fading, with the introduction of Jim Crow laws, but the first world war “birthed” a more virulent second coming. Determined to keep Black people in their place, klansmen were also antisemitic, anti-Catholic, anti-Native American, anti-immigrant, anti-queer, anti-abortion and anti-communist.Cross of Fire, made 70 years later, concerned a rape and murder. Madge Oberholtzer was a 28-year-old educator, unmarried and living with her parents. Stephenson, her assailant, led the Indiana branch of the Klan. Armed with a private force, 30,000-strong, wielding graft and bribes, he reigned supreme, the governor and many other officials firmly under his thumb. When he was brought to trial, he was in no doubt he would get off.Cross of Fire was shown in two segments, two hours each, and reached about 20 million viewers. Back then, I think, a certain optimism was still alive in America. With most social struggles behind us, it was broadly imagined, we were well on the way to rectifying our worst problems. In that context, a televised account of the Klan’s insidious rise across 1920s America seemed almost hard to believe.But the truth is chilling. At one point, the Klan reached millions of white Americans. Feeling threatened by newly enfranchised women, growing numbers of immigrants and African Americans made restive by commendable war service, many such white men felt certain they had been robbed of the position their fathers and grandfathers knew. Stevenson was a crusading would-be strong man. If not plain-spoken, he was at least an ignorant man’s idea of a wise one. Seemingly amiable, seemingly much like those who followed him, to some he felt like an answered prayer.If this is starting to sound familiar, back in 1989 it seemed outrageously implausible. Weren’t the 1920s the Roaring Twenties, the rebellious, modernizing Jazz Age? Was it not an era of prosperity and wellbeing? The problem is a matter of nuance. Setbacks or backlash attendant to progress are seldom acknowledged with the same emphasis as advancement. That’s why it is imperative to teach all American history, good or bad.The idea of making America great again is an old one, rooted in a nativist embrace of Anglo-Saxon, Protestant supremacy. A hundred years ago, many were throughly taken in by nationalist rhetoric and circus-like spectacle.Stephenson had no education beyond high school. He was an ardent fan of Mussolini. He claimed he had studied psychology and knew how to play on people’s emotions. Klan rallies whipped up followers, as frenzied as any at Nuremberg, into ecstatic orgies of cheering. Some called beseechingly for Stephenson to become president. In the flickering light of flaming crosses, large banners insisted: “America is for Americans.” It all planted a seed in a man convinced that everything – and anyone – could be bought.In his book, Egan explains how, much as with African Americans and the Black church, to many whites, Klan membership “gave meaning, shape and purpose to the days”.From neo-Confederates to hardline Brexiters, how perplexing is the malfeasance, the villainy, the rank hypocrisy of those who preach law and order and freedom and justice the loudest? It all brings to mind Churchill’s observation about Stalin and Russia after the pact with Hitler in 1939: “A riddle wrapped in a mystery inside an enigma.”Undaunted, Egan examines and sorts out the complexities and contradictions of the rise of Stephenson and the Klan. In doing so, unlike a writer for TV, he has no need for dramatic license.In Cross of Fire, Oberholtzer marries Stephenson – or so she thinks. It turns out the officiant is a henchman. This detail is important. It sets into motion a supposed honeymoon, a joyride on a private railway car to Chicago, a wedding trip that facilitates Stephenson’s crime.Dealing in fact, Egan reveals that not even a pretend wedding took place. Oberholtzer believed Stephenson could keep her state job from being cut but she never trusted him to the extent of getting married. She was drugged and taken by force.On her deathbed, she summoned the will to give an account of her ordeal. A transcript was presented in court. So was a doctor’s testimony. As much as the poison Oberholtzer ingested, the doctor said, sepsis, from deep bites on her face, breasts, tongue and elsewhere, resulted in Oberholtzer’s death. With timely attention, her life might have been saved.Another fact absent from Cross of Fire but featured in Egan’s account is yet more disturbing. Stephenson was found guilty of Oberholtzer’s murder and sentenced to life, but he was never chastened. He broke parole and was re-imprisoned but he ultimately died a natural death, in 1966, aged 74. He tricked, cheated, married and sexually assaulted many times more. It is this learning of the limits of the wages of sin that distinguishes A Fever in the Heartland as an honest look at what really happened.
    A Fever in the Heartland is published in the US by Viking More

  • in

    Trump’s indictment and the return of his biggest concern: ‘the women’

    In August 2015, at Trump Tower in New York, Donald Trump met with Michael Cohen, then his lawyer and fixer, and David Pecker, then chief executive of American Media, owner of the National Enquirer. According to the indictment of the former president unsealed in New York this week, Pecker agreed to help with Trump’s campaign for the Republican nomination, “looking out for negative stories” about Trump and then alerting Cohen.It was a “catch and kill” deal, a common tabloid practice in which Pecker would buy potentially damaging stories but not put them in print.Pecker “also agreed to publish negative stories” about Trump’s competitors. The media this week seized on that passage in the indictment, noting how the Enquirer baselessly linked the father of Ted Cruz, the Texas senator and Trump’s closest rival for the nomination, to Lee Harvey Oswald, the man who killed John F Kennedy.Last year, however, a New York Times reporter got to the heart of the matter. In her book Confidence Man: The Making of Donald Trump and the Breaking of America, Maggie Haberman says that around the same time as the meeting with Pecker and Cohen, Sam Nunberg, a political adviser, asked Trump for his “biggest concern” about running.“Trump had a simple reply: ‘The women.’”Trump now faces 34 counts, all felonies, of falsifying business records with intent to conceal another crime: breaches of campaign finance laws. All the charges relate to the $130,000 Cohen paid Stormy Daniels, the adult film star and director who claims an affair Trump denies, and how Cohen was repaid $420,000 including $50,000 for “another expense” Cohen has said was for rigged polls, another $180,000 to cover taxes and a $60,000 bonus.But the New York indictment is not the only form of legal jeopardy Trump now faces. As well as state and federal investigations of his election subversion, a federal investigation of his retention of classified records and a civil lawsuit over his business practices, he faces a civil defamation suit arising from an allegation of rape.Trump has been accused of sexual misconduct or assault by at least 26 women. One of them, the writer E Jean Carroll, says Trump raped her in a department store changing room in New York in the mid-1990s.Trump denies the allegation. Carroll has sued him twice: for defamation and for defamation and battery, the latter suit under the Adult Survivors Act, a New York law which gave alleged victims of crimes beyond the statute of limitations a year to bring civil claims. In the defamation case, trial has been delayed. The case under the Adult Survivors Act is due to go to trial on 25 April.To the New York writer Molly Jong-Fast, host of the Fast Politics podcast, there is a some sense of poetic justice in Trump finally facing a legal reckoning in cases arising from his treatment of women.But, Jong-Fast says: “The thing I’m sort of struck by is, like, how much women continually are dismissed, even in this situation.“There’s so much talk about the Stormy Daniels case, there was so little talk about actually what happened, right? There was almost nothing about how he was married to his third wife [Melania Trump], and she had just had a child [Barron Trump], and he had this affair. He denies the affair but the affair is pretty much documented.“That’s as close to truth in Trumpworld as possible. But we’re discussing the nuances of who paid the hush money and whether or not that’s a campaign contribution, and whether that rises to a federal crime.“That can be argued, but I was surprised at how little focus women had in it. How nobody was talking about like, this is a serial philanderer who has the kind of problems that serial philanderers have.“The filing talked about how he had paid off this doorman, about the illegitimate child. I guess that may have been not true … but like, you don’t pay off somebody unless you have a sense that this could actually be true.”As Jong-Fast indicates, the New York indictment detailed two other “catch and kill” deals which prosecutors said also showed “illegal conduct” admitted by Pecker and Cohen but directed by Trump himself.In late 2015, American Media paid $30,000 to a former Trump World Tower doorman who was trying to sell a story about Trump fathering a child out of wedlock.In September 2016, Cohen taped Trump talking about a payment to Karen McDougal, a former Playboy model who claims an affair Trump also denies.“So what do we got to pay for this?” Trump asked. “One fifty?”American Media paid McDougal $150,000 to stay silent.After Trump won the presidency, the indictment says, American Media “released both the doorman and [McDougal] from their non-disclosure agreements”.That speaks to the central contention made by Alvin Bragg, the Manhattan district attorney, in his charges over the Daniels payment: that Trump concealed it because he feared it could derail his campaign.According to Bragg’s indictment, in the McDougal case Trump “was concerned about the effect it could have on his candidacy”. In the case of the doorman, Cohen instructed Pecker “not to release [him] until after the presidential election”. Regarding Daniels, Trump is said to have directed Cohen “to delay making a payment … as long as possible … [because] if they could delay payment until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public”.In short, prosecutors contend that Trump did not make and conceal hush-money deals because he wanted to avoid embarrassment or hurting his wife – the argument successfully pursued by John Edwards, the Democratic presidential candidate who made hush-money payments in 2008 but avoided conviction four years later. The case against Trump is built on the contention he broke state and federal campaign finance laws.Observers argue over whether Bragg has built a case he can win. Some expect Trump to wriggle off the hook. Others think the first prosecutor to indict a president has a good chance of securing a conviction. In either case, the indictment has brought Trump’s treatment of women back to the national spotlight.So has Trump himself. As Jong-Fast points out, as the former president this week attacked the judge in New York, who subsequently became subject to threats to his safety, so too Trump went after the judge’s wife and daughter.“If you see interviews with Stormy Daniels, she has had terrible experiences as a result of her brush with Trump. Even the judge in that case, the judge’s daughter, Trump went after them. You go after Trump, you get it. He’s like a mob boss. That’s just how he does it.” More

  • in

    Protests in Tennessee as Democrats face removal for gun control demonstration

    Thousands of protesters flocked to the Tennessee state capitol on Thursday to support three Democratic lawmakers facing expulsion for their role in a gun control demonstration after the killings of three children and three adults at a Nashville elementary school last week.Crowds cheered and chanted outside the house chamber, so loud that they drowned out proceedings.Gloria Johnson, Justin Jones and Justin Pearson are the subjects of the expulsion vote. Last week, they approached the front of the chamber floor and chanted back and forth with gun control supporters who packed the gallery.On Thursday the three Democrats held hands as they walked on to the house floor. During the pledge of allegiance, Pearson raised his fist to the crowd.Their possible expulsion has once again thrust Tennessee into the national spotlight, underscoring not only the ability of the Republican supermajority to silence opponents but also its increasing willingness to do so. The move sends a chilling message just as lawmakers grapple with how to respond to the devastating shooting at the Covenant school.On Thursday, many protesters had traveled from Memphis and Knoxville, areas Pearson and Johnson represent, and stood in a line that wrapped around the building. Johnson urged those in the gallery to remain calm and not shout at lawmakers, to avoid getting removed.Protesters outside the chamber held up signs that said “School zones shouldn’t be war zones”; “Muskets didn’t fire 950 rounds per minute”, with a photo of George Washington; and “You can silence a gun … but not the voice of the people”.As the House began proceedings, a Democrat, Vincent Dixie, urged that colleagues “not get distracted”. He mentioned the funeral of Mike Hill, the custodian killed at the Covenant school, which took place earlier in the week.“I want us to keep in mind the sacrifice that he made to keep those kids safe,” Dixie said. “Each of us has power to make change.”Before the expulsion vote, House members were set to debate more than 20 bills, including a school safety proposal requiring public and private schools to submit building safety plans to the state.The bill did not address gun control, sparking criticisms from some Democrats that lawmakers were only addressing a symptom and not the cause of school shootings.Expulsions in the Tennessee general assembly are rare.In 2019, lawmakers faced pressure to expel the former Republican representative David Byrd, after he faced accusations of sexual misconduct dating to when he was a high school basketball coach three decades before.Republicans declined to take action, pointing out that he was re-elected as the allegations surfaced. Byrd retired last year.In 2022, the state senate expelled a Democrat, Katrina Robinson, after she was convicted of using about $3,400 in federal grant money on wedding expenses instead of her nursing school.Before that case, state lawmakers last ousted a house member in 2016, voting 70-2 to remove the Republican Jeremy Durham after an investigation detailed allegations of improper sexual contact with at least 22 women in four years in office.If Johnson, Jones or Pearson are expelled, the county commissions in their districts would get to pick replacements to serve until special elections could be held. The three Democrats would remain eligible to run in those contests. More

  • in

    Trump remains the most popular Republican despite his indictment

    When the history-making indictment was read out against him in a New York City courtroom on Tuesday, former president and current contender for the Republican nomination in 2024 Donald Trump gained a new title: criminal defendant.Americans saw a quiet and tense Trump walk into the courtroom under the guard of both the Secret Service and the local police force – whose officers stood behind him during his appearance before a judge, as they do with any other defendant. There, he learned he was facing 34 felony counts of falsifying business records related to hush money payments and “catch and kill” attempts to suppress negative news coverage about his extramarital affair with the adult film star Stormy Daniels ahead of the 2016 election.As unprecedented as that was, it has become clear in the hours after his appearance that the fundamental political calculus has not changed for Trump. He remains the most popular man in the GOP, and the break his enemies have long sought between him and the rest of the Republican party seems as distant as ever.“For those who think this will harm President Trump’s chances at running for the White House in 2024, I have news for you: it won’t,” Kevin Hern, who leads the Republican Study Committee, the influential conservative body that’s the largest ideological caucus in Congress, said following Trump’s court appearance on Tuesday.“The same people who were outraged over the possibility of Hillary Clinton’s prosecution for obvious crimes are now celebrating yet another witch-hunt against the former president and political opponent of the current president. This type of hypocrisy is disgusting, and it underscores what millions of Americans see as a blatant double standard in our justice system, causing many to lose faith in those institutions.”The Manhattan district attorney, Alvin Bragg, may have scored a symbolic victory by being the first to indict Trump, but the trajectory of his prosecution – or other efforts to hold Trump to account – is far from clear. The next hearing in Bragg’s case will be well into the 2024 election season on 4 December, and the months to come will be consumed by pre-trial motions from Trump’s attorneys, who will probably try to get the case dismissed and argue that Bragg waited too long to file his charges, said former assistant US attorney Kevin O’Brien.Bragg may soon be joined in his pursuit of Trump by prosecutors elsewhere. Special counsel Jack Smith is considering whether to bring federal charges over Trump’s involvement in the January 6 insurrection, the wider Republican effort to overturn Joe Biden’s 2020 election win and the classified materials discovered by the FBI at his Mar-a-Lago resort. Fani Willis, the district attorney in Fulton county, Georgia, is separately investigating attempts by Trump and his allies to overturn Biden’s win in that state, another potential source of legal peril.If any of those inquiries result in charges, courtroom defendant’s tables could become as familiar to Trump as podiums and packed arenas, even as he presses on with his attempt to return to the White House.“There may never be an indictment in Atlanta, there may never be an indictment coming out of the justice department, we just don’t know,” O’Brien said. “You don’t know what’s going on behind the scenes. But it’s possible that Trump could be facing two or three new sets of charges in the very near term. Which is, again, an incredible situation.”By all indications, many Republican voters still see Trump as their man, according to a Yahoo News/YouGov poll released following the indictment last week, that showed him far and away the most popular among current or potential GOP candidates.skip past newsletter promotionafter newsletter promotionAfter returning from New York to his Florida home, Trump on Tuesday evening gave an irate address at his Mar-a-Lago resort, where he vented his spleen and declared, among other things, that “our country is going to hell”.On Wednesday, he made a demand that was sure to sit poorly with his Republican allies. In a post from his Truth Social account, he called for defunding the police, the sort of thing most often heard from progressives demanding criminal justice reform in the United States.“REPUBLICANS IN CONGRESS SHOULD DEFUND THE DOJ AND FBI UNTIL THEY COME TO THEIR SENSES,” Trump wrote. “THE DEMOCRATS HAVE TOTALLY WEAPONIZED LAW ENFORCEMENT IN OUR COUNTRY AND ARE VICIOUSLY USING THIS ABUSE OF POWER TO INTERFERE WITH OUR ALREADY UNDER SIEGE ELECTIONS!” More

  • in

    How the day of Trump's indictment unfolded – video report

    In what was seen by many as a sombre day for the US and its judicial system, Donald Trump became the first US president to be indicted on criminal charges on Tuesday. He was briefly arrested as he surrendered and attended his arraignment in a Manhattan court, where he pleaded not guilty to 34 felony charges of falsifying business records.
    The Guardian summarises a historic day of media frenzy as news crews followed Trump’s every step – from Trump Tower back to his Mar-a-Lago residence More