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      Merrick Garland vows to target white supremacists as attorney general

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      At his Senate hearing on Monday, attorney general nominee Merrick Garland will pledge to prosecute “white supremacists and others” who attacked the US Capitol on 6 January, in support of Donald Trump’s attempt to overturn his election defeat.The pledge was contained in Garland’s opening testimony for the session before the Senate judiciary committee, released on Saturday night.“If confirmed,” Garland said, ‘I will supervise the prosecution of white supremacists and others who stormed the Capitol on 6 January – a heinous attack that sought to disrupt a cornerstone of our democracy: the peaceful transfer of power to a newly elected government.”Five people including a police officer died as a direct result of the attack on the Capitol, before which Trump told supporters to “fight like hell” against the result of the presidential election. Trump lost to Joe Biden by 306-232 in the electoral college and by more than 7m ballots in the popular vote. More than 250 participants in the Capitol riot have been charged. As NPR reported, “the defendants are predominantly white and male, though there were exceptions. “Federal prosecutors say a former member of the Latin Kings gang joined the mob, as did two Virginia police officers. A man in a ‘Camp Auschwitz’ sweatshirt took part, as did a Messianic Rabbi. Far-right militia members decked out in tactical gear rioted next to a county commissioner, a New York City sanitation worker, and a two-time Olympic gold medalist.”In his testimony, Garland made reference to his role from 1995 to 1997 in supervising the prosecution of the perpetrators of the Oklahoma City Bombing, a white supremacist atrocity in which 168 people including 19 children were killed.Trump was impeached for a second time on a charge of inciting an insurrection but was acquitted after only seven Republicans joined Democrats in the Senate in voting to convict, 10 short of the majority needed.“It is a fitting time,” Garland said, “to reaffirm that the role of the attorney general is to serve the rule of law and to ensure equal justice under the law.”The 68-year-old federal appeals judge was famously denied even a hearing in 2016 when Republican Senate leader Mitch McConnell blocked him as Barack Obama’s third pick for the supreme court.Biden’s selection of Garland for attorney general is seen as a conciliatory move in a capital controlled by Democrats but only by slim margins, the Senate split 50-50 with Vice-President Kamala Harris the tie-breaking vote.In his testimony, Garland said he would be independent from Biden, being sure to “strictly regulate communication with the White House” and working as “the lawyer … for the people of the United States”.Trump pressured his first attorney general, Jeff Sessions, to do his bidding, then saw his second, William Barr, largely do so, running interference on the investigation of Russian election interference and ties between Trump and Moscow. If confirmed, Garland will face sensitive decisions over matters including Trump, now exposed to criminal and civil investigation, and Hunter Biden, the new president’s son whose tax affairs are in question as he remains a target for much of the right.Some on the left have expressed concern that Garland might be too politically moderate. Black Lives Matter founder LaTosha Brown, for example, told the Guardian: “My concern is that he does not have a strong civil rights history … even when Obama nominated him, one of the critiques was that he was making a compromise with what he thought was a ‘clean’ candidate to get through.”In his testimony, Garland said justice department civil rights work must be improved.“Communities of colour and other minorities still face discrimination in housing, education, employment, and the criminal justice system,” he said, “and bear the brunt of the harm caused by pandemic, pollution, and climate change.”Garland is expected to be confirmed. More

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      Paul Manafort can't be prosecuted in New York due to double jeopardy, court rules

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      Sign up for the Guardian Today US newsletterPaul Manafort, Donald Trump’s 2016 campaign chairman, will not face mortgage fraud charges in New York, after the state’s highest court declined to revisit lower court decisions that barred prosecuting Manafort on double jeopardy grounds.The New York court of appeals decision last week closed the door on charges against Manafort in the matter and came less than two months after then-president Trump pardoned him in a similar federal case that had put him behind bars.Manafort’s lawyer, Todd Blanche, said he was pleased with the ruling.“This is a case that should never have been brought because the dismissed indictment is a clear violation of New York law,” Blanche said, echoing his stance since the state charges were brought in March 2019.The decision of the Manhattan district attorney, Cyrus Vance Jr, to charge Manafort was widely seen as a hedge against the possibility Trump would pardon him for federal crimes. Trump’s pardon does not cover state offenses.Vance’s office declined to comment.Manafort was convicted in federal court of tax and bank fraud charges involving allegations he misled the US government about lucrative foreign lobbying work, hid millions of dollars from tax authorities and encouraged witnesses to lie on his behalf.Less than a year into his nearly seven-and-a-half-year sentence, he was released to home confinement in May because of concerns about the coronavirus.Trump pardoned him just before Christmas.Vance, a Democrat, filed the state charges minutes after Manafort’s sentencing in the federal case. The Manhattan case alleged Manafort gave false and misleading information in applying for residential mortgage loans from 2015 to 2017; he was also charged with falsifying business records and conspiracy.Manafort’s lawyer quickly raised the double jeopardy claim, saying the New York case was essentially a copy of the federal one.Vance’s office contended its case was exempt from state double jeopardy protections because the charges involved different aspects of some of the offenses covered in the federal case.A trial court judge, and then an intermediate appeals court, disagreed.Vance’s office appealed to the state’s highest court, the court of appeals, in November.The state’s chief judge, Janet DiFiore, took on the matter herself and issued a one-page decision denying Vance’s office an opportunity to pursue its appeal further, effectively ending the case.The New York Times was first to report the news of DiFiore’s decision. More

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      in Elections

      Defense secretary Lloyd Austin demands US military sexual assault reports

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      In his first directive since taking office, US defense secretary Lloyd Austin has given his senior leaders two weeks to send him reports on sexual assault prevention programs in the military, and an assessment of what has worked and what hasn’t.Austin’s memo, which went out Saturday, fulfils a commitment made to senators last week during confirmation hearings. Joe Biden’s pick, a retired army general, vowed to immediately address the problems of sexual assault and harassment in the ranks.“This is a leadership issue,” Austin said in his two-page memo. “We will lead.”Senator after senator demanded to know what Austin planned to do about the problem. Reports of sexual assaults have steadily gone up since 2006, according to department reports, including a 13% jump in 2018 and a 3% increase in 2019. The 2020 data is not yet available.The 2018 increase fueled congressional anger and lawmakers have repeatedly called for action, including changes in the Code of Military Justice.“You do agree that we can’t keep doing the same thing that we’ve been doing for the past decade?” Senator Kirsten Gillibrand, a New York Democrat, said during Austin’s confirmation hearing. “Do I have your commitment to be relentless on this issue until we can end the scourge of sexual violence in the military?”Austin agreed, telling senators: “This starts with me and you can count on me getting after this on day one.”Austin arrived at the Pentagon on Friday but spent his first hours in meetings with key leaders. He was in the Pentagon again on Saturday, making calls to counterparts around the world, and he signed the memo.In his hearing and in the memo, Austin acknowledged that the military has long struggled with the problem, but must do better.The directive calls for each leader to submit a summary of the sexual assault and harassment measures taken in the last year that show promise, and an assessment of those that do not. And he asked for relevant data for the past decade, including efforts to support victims.“Include in your report the consideration of novel approaches to any of these areas,” he said, adding that “we must not be afraid to get creative.” Austin said he plans to host a meeting on the matter with senior leaders in the coming days.Nate Galbreath, acting director of the Pentagon’s Sexual Assault Prevention and Response Office, said last April that he was cautiously optimistic that the lower increase in 2019 suggested a trend in declining assaults. But he also said sexual assaults are vastly under-reported.Galbreath and military leaders have rolled out new programs, including increased education and training and efforts to encourage service members to intervene when they see a bad situation. Last year officials announced a new move to root out serial offenders.Many victims don’t file criminal reports, which means investigators can’t pursue alleged attackers. Under the new system, victims who don’t want to file a public report are encouraged to confidentially provide details.Galbreath and others also have contended that the increase in reports was a good sign in that it showed that victims were more willing to come forward. More

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      US man charged with threatening to 'assassinate' Alexandria Ocasio-Cortez

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      A Texas man who participated in the attack on the US Capitol on 6 January has been charged with threatening to “assassinate” the New York Democratic representative Alexandria Ocasio-Cortez.Garret Miller of Texas faces five criminal charges arising from his participation in the pro-Trump riot, including “knowingly entering or remaining in any restricted buildings or grounds without lawful authority” and making threats.According to court documents, he allegedly tweeted: “Assassinate AOC.”He is also charged with violent entry and disorderly conduct on Capitol grounds, obstructing or impeding any official proceeding, and certain acts during civil disorder.Asked for comment on Saturday, Miller’s lawyer, Clint Broden, said in an email: “The charges are based on an inappropriate comment made in the heat of the moment on Congresswoman Ocasio-Cortez’s Twitter feed.”On Friday night, Ocasio-Cortez, a progressive Democratic congresswoman from New York, responded to news that Miller had been arrested, and had posted a selfie to Facebook, writing that he “just wanted to incriminate myself a little lol”.Ocasio-Cortez tweeted: “Well, you did!”She added: “On one hand you have to laugh, and on the other know that the reason [the Capitol rioters] were this brazen is because they thought they were going to succeed.”Miller is also alleged to have said an officer who shot and killed a Trump supporter inside the Capitol “deserves to die” and would not “survive long” because it’s “huntin[g] season”.Broden said: “Mr Miller regrets the actions he took in a misguided effort to show his support for former President Trump. He has the full support of his family and has always been a law abiding citizen.“His social media comments reflect very ill-considered political hyperbole in very divided times and will certainly not be repeated in the future. He looks forward to putting all of this behind him.”The criminal complaint filed in Washington DC federal court lists example after example of social media posts apparently placing Miller on Capitol grounds, participating in the riot.Several hours after the insurrection, authorities allege, Twitter user @garretamiller publicly posted a video from within the Capitol captioned: “From inside congress”.“In examining Miller’s Facebook account, there are many posts relating to his involvement in criminal activities at the Capitol,” officials wrote.On 2 January, Miller allegedly wrote on Facebook: “I am about to drive across the country for this trump shit. On Monday … Some crazy shit going to happen this week. Dollar might collapse … civil war could start … not sure what to do in DC.”On 3 January, Miller allegedly said he was bringing to Washington “a grappling hook and rope and a level-3 vest. Helmets mouth guard and bump cap”. The last time he was in Washington for a pro-Trump rally, Miller allegedly added, he “had a lot of guns” with him.Miller also seems to have sought to set the record straight about participants in the riot. When someone wrote on Twitter that “the people storming The Capitol are not Patriots. They are PAID INFILTRATORS”, Miller allegedly responded: “Nah we stormed it. We where [sic] gentle. We where [sic] unarmed. We knew what had to be done.”In a 15 January Facebook chat, Miller allegedly wrote that he was “happy to make death threats so I been just off the rails tonight lol” and was “happy to be banned now [from Twitter]”. Asked if police knew his name, he allegedly wrote: “[I]t might be time for me to … Be hard to locate.”A bail hearing was scheduled for Monday.The Washington Post, meanwhile, reported that the FBI and Department of Justice were considering not charging some of the hundreds of people arrested over the riot.It was “a politically loaded proposition”, the paper said, “but one alert to the practical concern that hundreds of such cases could swamp the local courthouse”.Donald Trump was impeached for inciting the Capitol attack. He will face trial in the Senate. More

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      'This is not justice': supreme court liberals slam Trump's federal executions

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      The supreme court justices Sonia Sotomayor and Stephen Breyer have excoriated the Trump administration for carrying out its 13th and final federal execution days before the president leaves office.Dustin John Higgs died by lethal injection at the federal correctional institute in Terre Haute, Indiana, on Friday night, after his 11th-hour clemency appeal was rejected.Higgs, 48, was convicted of murdering three women at a Maryland wildlife refuge in 1996, even though it was an accomplice who fired the fatal shots. Willis Haynes was convicted of the same crime but sentenced to life.“This was not justice,” Sotomayor, a Barack Obama appointee, wrote in an order issued late on Friday.Sotomayor, who was critical of the Trump administration’s July 2019 announcement that it would resume federal executions after a two-decade hiatus, condemned what she saw as “an unprecedented rush” to kill condemned inmates. All 13 executions have taken place since July 2020.The government executed more than three times as many people in the last six months than in the previous six decades“To put that in historical context, the federal government will have executed more than three times as many people in the last six months than it had in the previous six decades,” she wrote.“There can be no ‘justice on the fly’ in matters of life and death,” Sotomayor added. “Yet the court has allowed the United States to execute 13 people in six months under a statutory scheme and regulatory protocol that have received inadequate scrutiny, without resolving the serious claims the condemned individuals raised.”Breyer, a fellow liberal on the nine-justice high court, was equally scathing, naming each of the 13 executed prisoners and noting a lower court’s observation that Higgs had significant lung damage. The lethal injection of pentobarbital, Breyer said, would “subject him to a sensation of drowning akin to waterboarding”.He said the court needed to address whether execution protocols risked extreme pain and needless suffering and pressured the courts into last-minute decisions on life or death.“What are courts to do when faced with legal questions of this kind?” he wrote. “Are they supposed to ‘hurry up, hurry up?’”Breyer went further than Sotomayor by questioning the constitutionality of the death penalty, the first member of the current panel to do so. The third liberal justice, Elena Kagan, also dissented in the Higgs case but did not give an explanation.Higgs’s petition for clemency said he had been a model prisoner and dedicated father to a son born after his arrest. He had a traumatic childhood and lost his mother to cancer when he was 10, it said.He was convicted in October 2000 by a federal jury in Maryland for the first-degree murder and kidnapping in the killings of Tamika Black, 19; Mishann Chinn, 23; and Tanji Jackson, 21. Although Haynes shot the women, Higgs handed him his gun.“He received a fair trial and was convicted and sentenced to death by a unanimous jury for a despicable crime,” the US district judge Peter Messitte wrote in December.Arguably the most high-profile execution of the Trump administration came just days ago when Lisa Montgomery received a lethal injection at Terre Haute and became the first woman put to death by the federal government almost seven decades.Her lawyer accused the Trump administration of “unnecessary and vicious use of authoritarian power”.Many believe officials rushed to complete a series of executions before Joe Biden is inaugurated on 20 January. Biden has stated his desire to have the death penalty abolished at federal and state level. More

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      Schwarzenegger used to exemplify politico-showbiz ridiculousness. Now he's our true moral governator | Peter Bradshaw

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      How amazing. Until a few years ago – 2016, in fact – if you asked people for the most absurd example of the politico-showbusiness complex in the 21st-century United States, they would have said Arnold Schwarzenegger’s recall election as governor of California in 2003, his candidacy being announced on the Tonight Show with Jay Leno. He was re-elected in 2006, and just about maintained a cheerfully Reaganesque public image of a moderate Republican – uneventfully standing down in 2011 to resume his movie career.We all took the mickey out of the governator. But, right now, he is America’s moral governator with real moral authority. It was the governator who uploaded a video telling Americans to stay home during the Covid crisis. And now it is the governator who has issued a clarion call for decency on YouTube with his admittedly cheesy but genuinely stirring, heartfelt and relevant rebuke to the Trumpians and their desecration of the Capitol – a desecration that even now many Republicans and many sophisticates on the right cannot bring themselves to condemn fully.In his mature Reaganesque style, Schwarzenegger addressed the nation from a presidential-style desk, with the stars and stripes and Californian flag in the background, and a photo of himself in his bodybuilding pomp. With Hollywood-style music on the audio track, he denounced the complicit enablers of Trump’s fascism – culminating in a hilarious flourish of Conan the Barbarian’s sword.That should have been ridiculous. It should have been silly. But, compared with the seedy rightwingers and Fox News alternative-fact merchants and the giggling cynics who said Trump didn’t matter, Schwarzenegger’s sword was rather glorious. I found myself thinking of Evelyn Waugh’s Sword of Honour trilogy – and, yes, however preposterous, there was something honourable about Arnold Schwarzenegger’s Conan sword.Schwarzenegger called the vandalising of the Capitol (and the killing of Capitol police officer Brian Sicknick) America’s “Kristallnacht”. Like many others, I have seen it as America’s beer hall putsch (and who knows if that may not turn out to be the closer analogy?). But, for the time being, Schwarzenegger is absolutely right. And from personal experience, Schwarzenegger was able to address the openly Nazi stylings of the Capitol attackers, with the “Camp Auschwitz” T-shirts, because he grew up in an Austria that, in contrast to Germany, went into fierce denial about its role in the second world war. Schwarzenegger spoke about his angry, depressed and abusive father who beat his children. (Schwarzenegger did not speak in detail, but throughout his governorship much press research went into Gustav Schwarzenegger, the Austrian police chief and Stalingrad military veteran who applied for Nazi party membership in 1938 before the Anschluss, but was not found to have been responsible for war crimes or abuse.)Schwarzenegger’s video today, however schmaltzy and hokey in style, was a real reminder to the fatuous callow right that Nazis and nazism are not just death-metal icons or gamer fantasies. They really did exist, with America-first cheerleaders such as Joseph Kennedy and Charles Lindbergh encouraging their fellow citizens to look the other way. And he also showed us that the immigrant experience can bring wisdom.Arnold’s video is exactly what we all needed. More

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      in US Politics

      Saving Justice review: how Trump's Eye of Sauron burned everything – including James Comey

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      With the storming of the Capitol, the fired FBI director’s earnest attempt to help America recover has been overtaken by eventsComey: Trump should not be prosecuted after leaving officeA centuries-old norm has been broken. The inauguration of Joe Biden and Kamala Harris will not mark the peaceful transition of power. On Wednesday, American carnage arrived. Five people including a police officer are dead. Related: After Trump review: a provocative case for reform by Biden and beyond Continue reading… More

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      Trump pardons debase the presidency further – and he can and will go lower | Lloyd Green

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      With hours to spare before Christmas, Donald Trump has delivered pardons to Paul Manafort, Roger Stone, Charlie Kushner, a passel of war criminals and a bent congressman or two. There is no reason to believe our “law and order” president’s pardon binge is over. Too many people in his immediate orbit remain exposed to future prosecution, including the president himself.Come noon on 20 January 2021, Trump and his inner circle will be private citizens again. Devoid of legal immunity, stripped of the air of invincibility, they become fair game for federal and local law enforcement alike. The potential for prison hovers over them like the Ghost of Christmas Yet to Come.Cyrus Vance, Manhattan’s district attorney, is circling Trump and his business. Eric Trump has testified at a court-ordered deposition conducted by New York’s attorney general. As for federal prosecutors in the southern district of New York, they labeled Trump an unindicted co-conspirator in the case of Michael Cohen. The statute of limitations has not expired.And then there is Rudy Giuliani, the president’s personal lawyer. According to reports, he remains on the radar of federal law enforcement in connection with possible election law violations, and doesn’t like it one bit. On Wednesday Giuliani lashed out, calling investigators “secret police” and accusing them of toadying to Joe Biden, the president-elect. Trump has gone so far as to unequivocally claim authority to pardon himself, something Nixon refused to doIn case anyone needs reminding, once upon a time Giuliani was the No3 lawyer at the justice department and US attorney for the southern district. Back then, he was viewed as one of the good guys. As it happens, he prosecuted Marc Rich, the recipient of an infamous pardon from Bill Clinton. But as the Lincoln Project’s Rick Wilson repeatedly remarks, everything Trump touches dies.The list doesn’t end with Rudy. The justice department and the Federal Election Commission may soon want to talk to Jared Kushner, the president’s son-in-law, about his role in the Trump re-election campaign.Reportedly, Kushner was a driving force in establishing a shell company, American Made Media Consultants, which made shrouded payments to Trump family members and friends. Indeed, Kushner purportedly directed Lara Trump, the wife of Eric Trump, John Pence, the vice-president’s nephew, and the campaign’s chief financial officer to serve on the shell company board.Think of it as the Trump Organization 2.0. Or the deep campaign.In the end, AMMC spent nearly half of the campaign’s war chest, with payments going to Kimberly Guilfoyle, Donald Trump Jr’s girlfriend, and Lara Trump, who is now contemplating a Senate run in North Carolina. Suffice to say, the legality of this opaque arrangement is unclear.Three House Democrats have requested investigations by the Department of Justice and the FEC. Without a pardon, Jared’s fate will rest in the hands of a Biden DoJ. Said differently, Hunter Biden is not the only person with a troubled road ahead.The constitution confers the pardon power upon the president, and the circumstances of its use speak volumes about the occupant of the Oval Office. Whether a president may pardon himself has yet to be legally tested.Richard Nixon resigned rather than face impeachment by the House and almost certain conviction in the Senate. In August 1974, he left office without pardoning himself or those convicted in the Watergate scandal. Instead, Gerald Ford issued a pardon to his former boss.Trump is no Nixon. In so many ways. The 45th president has gone so far as to unequivocally claim authority to pardon himself, something Nixon refused to do.By any measure, Trump has set a new standard for debasing the presidency. As he stares at an ignominious exit, the ex-reality show host has even managed to make Clinton’s pardon of Rich look quaint. And that takes effort.Yet unlike the Clinton pardon of Rich, a fugitive financier, which sparked a review by James Comey and a barrage of Republican condemnation, among the GOP in Congress Trump’s pardons have elicited little more than a yawn. With the exception of Senator Ben Sasse of Nebraska, who called the pardons “rotten to the core”, they have been met with a collective shrug. None of this should come as a surprise. Trump has recreated the GOP in his image. Republicans know he commands the party’s base, and they stand one primary away from oblivion. In the end, what’s a pardon between friends? More