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    More than a third of US adults say Biden’s 2020 victory was not legitimate

    More than a third of US adults believe Joe Biden was not legitimately elected president in 2020, according to a new poll.According to the Washington Post and the University of Maryland, 62% of American adults say they believe Biden’s win was legitimate – down from 69% in the same poll in December 2021.Thirty-six per cent say they do not accept Biden’s win.This week brings the third anniversary of the deadly January 6 attack on Congress, which Donald Trump incited in his attempt to overturn his conclusive defeat by Biden the year before.Nine deaths have been linked to the attack, including law enforcement suicides. More than a thousand people have been charged and hundreds convicted in relation to the riot, some with seditious conspiracy.Trump was impeached for inciting an insurrection but acquitted when enough Senate Republicans stayed loyal.Colorado and Maine have moved to bar Trump from the ballot under section three of the 14th amendment to the US constitution, a post-civil war measure meant to prevent insurrectionists running for state or national office. Trump is expected to appeal.Maintaining his lie that Biden’s win was the result of electoral fraud, and using four federal and 13 state criminal election subversion charges (alongside 74 other criminal counts and assorted civil threats) to motivate supporters, Trump dominates polling for the Republican nomination this year.Reporting its poll, the Post said that among Republicans, only 31% now say Biden’s win was legitimate – down from 39% in 2021.The poll also showed Republicans becoming more sympathetic to the January 6 rioters and more likely to absolve Trump of responsibility for the attack, the Post said.Analysing the poll, Aaron Blake, a senior political reporter for the Post, said it mostly showed that Trump’s message over the 2020 election and January 6 had resonated with voters already disposed to believe it.Nonetheless, Michael J Hanmer, director of the Center for Democracy and Civic Engagement at the University of Maryland, told the paper: “From a historical perspective, these results would be chilling to many analysts.” More

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    ‘You better pray’: Christian nationalist groups are mobilizing before the 2024 elections

    On a cold night in November, a man named Jefferson Davis addressed a crowd of conservative activists gathered in an American Legion hall 20 miles north of Milwaukee. In his left hand, Davis brandished an unusual prop.“In this diaper box are all the receipts for the illegal absentee ballots that were put into the Mark Zuckerberg drop boxes all over the state of Wisconsin,” said Davis.Behind him, a long table stacked with papers, binders and a small pile of doorknobs stretched across the hall. They were for theatrical effect: the doorknobs were a tortured analogy for the multiple conspiracy theories Davis had floated, and the diaper box was a visual stand-in for the ballot drop boxes Wisconsin voters used across the state in 2020. The paperwork, Davis insisted, contained the evidence of an enormous plot to steal the 2020 presidential election from Donald Trump in Wisconsin. His audience of more than 70 people, including local and state-level elected officials, sat rapt.Davis was speaking at an event organized by Patriots of Ozaukee County, a rightwing group that vows to “combat the forces that threaten our safety, prosperity and freedoms” and compares itself to the musket-toting Minutemen of the revolutionary war.The organization is one of more than 30 such “patriot” groups in Wisconsin identified by the Guardian which claim that the last presidential election was stolen from Donald Trump. Many, including the Ozaukee county organization, openly embrace Christian nationalist rhetoric and ideology, arguing that the laws of the US government should reflect conservative Christian beliefs about issues like abortion and LGBTQ+ rights.Their religious interpretation of the US’s founding has propelled these groups not only into fights over elections administration but also against vaccine requirements and protections for transgender people.Now, with the 2024 presidential election less than a year away, Wisconsin’s patriot movement and its allies are fighting for legislation that they believe will protect the state’s electoral process from fraud, and mobilizing supporters to work the polls, observe polling places and spread the word about their concerns – pushing the GOP further to the right and threatening more challenges to the voting process come election day.Patriots of Ozaukee County was created in March 2021 by local activists who were “upset about the election”, said Scott Rishel, who founded the group. He felt there was nowhere he could speak freely about the 2020 election, or things like Covid-19 vaccines and masks. Plus, he said: “We were tired of the GOP, because they’re not really an activist organization.”At the urging of a friend, he convened the group’s first meeting.“With the 2020 election and Covid tyranny, that all opened my eyes,” he told the crowd of mostly older couples at the November event. “The silent majority was killing us. It was killing our country, killing our community. And we needed to learn how to no longer be silent.”By “we”, Rishel meant conservative Christians. “Jesus Christ is my savior, my lord. It’s amazing how some people didn’t have the courage to say that – they think it’ll make people uncomfortable.”Their movement of biblically motivated patriots has since roared to life, winning some powerful allies along the way.In attendance at the Ozaukee county meeting was the state senator Duey Stroebel, the vice-chair of the state’s powerful joint committee on finance. Stroebel, who has refrained from actually endorsing Trump’s false claims that the 2020 election was stolen, has nonetheless backed numerous bills to restrict voting access, invoking the heightened anxiety on the right about election security to justify their passage.Nearly two hours into the meeting, Stroebel interjected. “One thing you might want to comment on is ranked-choice voting,” he said, voicing his opposition to a bipartisan effort in the legislature to adopt the voting method used in states including Maine and Alaska that allows voters to rank their preference on multiple candidates. The method ensures the winning candidate wins a majority rather than a plurality of the vote and essentially eliminates the risk of third-party candidates spoiling an election result.“Senator Stroebel is referring to what’s called ranked-choice voting,” Davis told the crowd. “What I call it is ‘guarantee that Democrats win’.”To members of this movement, this proposal is just the latest suspicious attempt to change the voting system to steal elections.Hardline conservatives have grown increasingly convinced that the election system is rigged against them, largely because Trump has pushed those claims hard since the 2020 election. And in spite of the fact that there was no evidence of significant voter fraud in recent American elections, it has also mobilized local groups into action across the US.Amy Cooter, a Middlebury College professor whose research focuses on militias and local rightwing groups, described the rise of patriot groups across the country as “a backlash movement”. After 2020, said Cooter, local rightwing groups have been motivated largely by “the last presidential election and thoughts that it was stolen – plus concerns that future elections might similarly be”.The patriot movement in Wisconsin appears to be growing. Attendees at November’s meeting were unsurprised by the packed house: closer to 200 had attended the Ozaukee group’s last event in October, which featured a long lineup of speakers including Davis.skip past newsletter promotionafter newsletter promotionPatriot groups in Wisconsin have found an awkward alliance with Republican officials and prominent activists in the state. A July gathering hosted by the Barron county Republican party, located across the state in north-west Wisconsin, drew closer to 500. That event, which included free beer and a gun raffle and was promoted by patriot groups, illustrated the common cause the movement’s activists have found with the grassroots of the GOP.The Brown county Republican party – also in the north-west of the state – has hosted Constitution Alive! events, which patriot organizations advertised broadly. (A spokesperson said the local GOP is formally unaffiliated with patriot groups.)“As you know, I travel the whole state,” Davis told me in December. “And everywhere I go, I’m either asked to speak by patriot freedom groups, or Republican party chapters. And most of the time both groups show up.”Many patriot groups in the state are animated by the Christian nationalist viewpoint.Patriots of Ozaukee County declares on its website that it views as fundamental “truths” that “God is our creator” and “Jesus is our savior”. The Ozaukee county group has also hosted Constitution Alive! events touting the claim that the US constitution is a Christian document – led by the Patriot Academy organization, a Christian nationalist group that also offers weapons courses.They’re not alone. Patriots United, a group in Eau Claire, Wisconsin, exemplifies the typical rhetoric of the Christian right, describing its membership as “constitutional conservative Christians who seek to glorify and honor God” with the explicit aim of increasing “Christian influence” in local government.Another Wisconsin patriot group called North of 29 has begun to put into action the work that Davis advocates. With the help of groups affiliated with Mike Lindell, the MyPillow CEO and conspiracy theorist, the group has begun canvassing neighborhoods for voter fraud, using data that they refuse to share publicly to identify instances of suspicious activity. (A similar group in Colorado has been sued in federal court for allegedly going “door-to-door around Colorado to intimidate voters”, a practice the suit argues violates the Ku Klux Klan Act.)Most prominent elected Wisconsin Republicans have refused to outright endorse Trump’s claims that the 2020 election was stolen. But they have invoked the fears of election fraud to justify passing restrictive voting legislation that election-denying activists have clamored for.One bill, passed by the legislature and vetoed by the Democratic governor, Tony Evers, in 2022, would have made it harder for people to qualify as “indefinitely confined”, a status disabled voters can claim to receive an absentee ballot. During the 2020 election, during the peak of the Covid pandemic, the number of people who described themselves as indefinitely confined so they could vote from home increased dramatically – a fact that became a central point in conspiracy theories about the election. They’ve also tried to ban the use of private grants to help fund elections, keying off another conspiracy theory driven by money donated by Mark Zuckerberg’s foundation to local offices for election administration; Evers vetoed a bill to ban such money, but the legislature has now advanced the ban as a constitutional amendment which will be considered by voters this spring.Republicans in the legislature also unsuccessfully tried to force out Meagan Wolfe, the state’s nonpartisan top elections official who became the target of conspiracy theorists and election deniers after 2020.During his November presentation in Grafton, Davis handed out a pamphlet listing 53 issues that voters concerned about election security should focus on in Wisconsin. The priorities, which Davis and other election-denying groups across in the state have embraced, range from abolishing the bipartisan Wisconsin elections commission to requiring ballots cast in state and local elections to be counted by hand.Davis’s recommendations might prescribe technical changes to elections administration. But he cast their importance in starkly biblical terms.“I don’t know where you are with the Lord, and I mean this sincerely: you better pray,” said Davis. If the 2024 election wasn’t conducted “the correct way”, he warned, “there’s going to be you-know-what to pay.” More

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    Trump asks appeals court to throw out 2020 election subversion charges

    Donald Trump has asked an appeals court in Washington DC to throw out charges that he sought to subvert the 2020 election, in the latest of a series of high-stakes legal maneuvers between the former president’s lawyers and the US department of justice.In a filing late on Saturday lawyers for Trump argued to the DC circuit court of appeals that he is legally cloaked from liability for actions he took while serving as president.The move came a day after the US supreme court declined to expedite a request by the special counsel Jack Smith to consider the question of presidential immunity from prosecution.The latest filing is an incremental advance on the long-running legal duels between Trump and the special counsel, who may not now be able to bring the election interference complaint, one of four separate criminal cases against Trump, before a jury ahead of the next year’s election.If the election interference case is delayed, and Trump wins the election as current polls suggest he could, the former president could simply order all federal charges against him to be dropped.In Saturday’s 55-page brief to the appeals court, Trump’s lawyer D John Sauer argued in essence that under the US constitution one branch of government cannot assert judgement over another.“Under our system of separated powers, the judicial branch cannot sit in judgment over a president’s official acts,” Sauer wrote. “That doctrine is not controversial,” he added.The filing repeats what Trump’s lawyers have consistently said: that he was acting in an official capacity to ensure election integrity, and therefore under immunity because presidents cannot be criminally prosecuted for “official acts”.Under the constitution, only the Senate can impeach and convict a president – and that effort failed.In the filing, Sauer argued that executive immunity must exist because no president or former president has previously been charged with a crime.“The unbroken tradition of not exercising the supposed formidable power of criminally prosecuting a president for official acts – despite ample motive and opportunity to do so, over centuries – implies that the power does not exist,” he wrote.skip past newsletter promotionafter newsletter promotionHe also said that Tanya Chutkan, the judge due to hear case against Trump, was mistaken in her interpretation of limited presidential immunity when she wrote that Trump should still be “subject to federal investigation, indictment, prosecution, conviction and punishment for any criminal acts undertaken while in office”.The interplay of legislative, executive and judicial power now lie at the center of the 2024 election. Last week, Colorado’s supreme court ruled that Trump was ineligible to be on the ballot in that state because of his alleged actions to resist certification of the popular vote in 2020.But the implementation of the ruling was delayed until next month when the US supreme court may look at it.On Saturday evening, before heading to Camp David for the holiday break, Joe Biden said he “can’t think of one” reason presidents should receive absolute immunity from prosecution, as the Republican frontrunner Donald Trump has claimed. More

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    Supreme court declines to expedite decision on Trump’s immunity claim in 2020 election case

    The US supreme court on Friday rejected a request by the special counsel to expeditiously decide whether Donald Trump has immunity from federal prosecution over his efforts to overturn the 2020 election results, before a lower appeals court issued its own judgment.The one sentence denial means the case is returned to the US court of appeals for the District of Columbia circuit, where a three-judge panel is scheduled to hear oral arguments in January, and the case against Trump remains frozen pending the outcome of the appeal.In declining to leapfrog the lower court and fast-track the appeal, the supreme court handed a crucial and potentially far-reaching victory to Trump as he seeks to delay as much as possible his trial, currently scheduled for next March in federal district court in Washington.The decision almost certainly slows down Trump’s federal election interference case. Even if the DC circuit rules against Trump quickly, the former president can first ask the full appeals court to rehear the case, and then has 90 days to lodge a final appeal to the supreme court.Trump was indicted in June by the special counsel Jack Smith for conspiring to impede the peaceful transfer of power, but sought to have the charges thrown out by contending he could not be prosecuted for actions he undertook as president that were related to his official duties.The filing contended that all of Trump’s attempts to reverse his 2020 election defeat in the indictment, ranging from pressuring his vice-president, Mike Pence, to stop the congressional certification to organizing fake slates of electors, were in his capacity as president and therefore protected.At the heart of the Trump legal team’s filing was the extraordinary contention that not only was Trump entitled to absolute presidential immunity, but that the immunity applied regardless of Trump’s intent in engaging in the conduct described in the indictment.This month, his motion was rejected by the presiding US district judge Tanya Chutkan. That set the stage for Trump, who had always expected the motion to fail, to lodge an appeal that would stay the case while the DC circuit considered the matter.Obtaining the stay was always part of Trump’s strategy – he is seeking delay because if he wins re-election before the trial occurs, he could arrange to have the charges dismissed – and his lawyers were counting on a lengthy appeals process that would buy the time.The strategy, according to people close to Trump’s legal team, involved Trump going to the supreme court and securing additional weeks or months of delay – only after weeks of delay before the DC circuit.But prosecutors attempted to preempt Trump’s ploy by asking the supreme court to bypass the DC circuit and resolve the immunity question directly. In court filings, the special counsel suggested keeping the March trial date was in the public interest.skip past newsletter promotionafter newsletter promotionThe request from prosecutors that the nation’s highest court rule on a case before judgment by an appeals court – and force Trump to contend with the Supreme Court plank of his delay strategy months earlier than he anticipated – was unusual but underscored the gravity of the moment.On Friday, the court essentially sided with Trump, who had argued the day before for the special counsel’s petition to be denied, arguing on procedural grounds that prosecutors had no basis to appeal a trial court ruling that was favorable to them and where the government had not suffered any harm.The denial, appellate experts said, underscored the peril of allowing trial prosecutors to help frame issues before the supreme court, instead of having the solicitor general’s office – which normally argues on behalf of the government – refine arguments to the sensibilities of the justices.The emergency petition on the Trump immunity question did not involve the solicitor general’s office. Although the filing was signed by former deputy solicitor general Michael Dreeben, it also included the special counsel himself and two of his deputies, JP Cooley and James Pearce. More

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    Trump pressured Michigan election officers not to certify 2020 vote – report

    Donald Trump made a phone call in November 2020 in which he put pressure on two Republican election officers in Michigan not to sign the official document from the state confirming that Joe Biden had won the presidential election there, according to an exclusive report by The Detroit News late on Thursday.The Detroit News outlet has obtained recordings of the call, made on 17 November 2020, where Trump, who was refusing to accept that he had just lost the White House to Joe Biden, and Republican National Committee Chair Ronna McDaniel talked to Wayne county election officials Monica Palmer and William Hartmann and told them they would look “terrible” if they signed to endorse Trump’s defeat in the crucial swing state, according to the report.Palmer and Harmann were members of the Wayne county board of canvassers, one of the state’s official county teams – each with two Democrats and two Republicans – appointed by state election commissioners for duties such as inspecting ballots and certifying elections for all local, countywide and district offices.Trump told them on the phone call obtained and reported by the Detroit News that: “We’ve got to fight for our country. We can’t let these people take our country away from us.”McDaniel is from Michigan and was also reportedly on the call and told the two board members: “If you can go home tonight, do not sign it,” adding “We will get you attorneys.”Trump then added: “We’ll take care of that.”The newspaper further reported that representatives of Palmer, McDaniel and Trump, contacted by the reporter in question through spokespeople, did not dispute a summary of the call that was shared with them. The News said Hartmann died in 2021.On Thursday Trump campaign spokesman Steven Cheung issued a statement saying that Trump’s call was “taken in furtherance of his duty as president of the United States to faithfully take care of the laws and ensure election integrity, including investigating the rigged and stolen 2020 presidential election”.The call and then Palmer and Harmann’s refusal to add their signatures to Wayne county’s official certification of Biden’s victory at the ballot box was apparently designed to sow doubt about the accuracy of the result.Palmer and Hartmann’s refusal to sign the certification and a failed attempt to withdraw their votes from the day before in which they confirmed Biden’s victory in the county did not impede Biden’s win in Michigan. That was a crucial piece of his 2020 victory on behalf of the Democratic party, with he and now-US vice president Kamala Harris beating Republicans Trump and his Vice-President Mike Pence’s bid for re-election.The report of the phone call has strong echoes of the call Trump made on 2 January 2021, in which he pressed the secretary of state in Georgia, Brad Raffensperger, to “find” enough votes to overturn Joe Biden’s victory in that state, too. News of the phone call emerged almost immediately.The pressure on Raffensperger is part of the criminal case against Trump and multiple co-defendants in Georgia, accusing them in a racketeering case of an election interference conspiracy.skip past newsletter promotionafter newsletter promotionThe Wayne county tapes in Michigan are understood not to be part at this time of the federal election interference case against Trump brought by special counsel Jack Smith on behalf of the US Department of Justice.Michigan officials are still investigating Trump’s efforts to overturn his defeat in the state in 2020. The primary season for the 2024 presidential election begins in January and Trump is the frontrunner for the Republican nomination as he seeks re-election despite facing dozens of indictments in four criminal cases – two federal cases, in which the US supreme court has now become involved, as well as one in New York and the one in Georgia.Jonathan Kinloch, a Wayne county board of canvassers member, but one of the two Democrats, told the Detroit News that the phone call from Trump and McDaniel that the outlet just reported was “insane”.“It’s just shocking that the president of the United States was at the most minute level trying to stop the election process from happening,” Kinlock told the News. More

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    Rudy Giuliani’s Chapter 11 filing lists debts totaling up to $500m

    Paperwork submitted in Rudy Giuliani’s filing for bankruptcy protection reveal the daunting extent of debts faced by the former New York mayor turned Trump lawyer. It is a mountain added to this week by a $148m award to two former Georgia election workers.Giuliani, 79, claimed Ruby Freeman and Wandrea “Shaye” Moss were involved in electoral fraud as part of Joe Biden’s victory over Donald Trump in 2020.His claims were debunked and the women sued for defamation. Their award was determined last week, a decision Giuliani called “absurd”. This week a judge said the women could collect immediately. Freeman and Moss also sued Giuliani again, to stop him repeating his claims.The $148m award was included in a Chapter 11 bankruptcy filing made by Giuliani in the southern district of New York on Thursday.Other sums over $1m were also listed.They include claims from Daniel Gill, a New York man who last year slapped Giuliani on the back and asked, “What’s up, scumbag?” and was subsequently charged with assault, who has sued for $2m this year.Davidoff, Hutcher & Citron, a law firm, claims $1.36m. That suit, over unpaid fees, was lodged by Robert Costello, Giuliani’s longtime lawyer, in September.Other claims were listed as “unknown”. Among them is a claim from Noelle Dunphy – a former associate who sued Giuliani in May for $10m, alleging “abuses of power, wide-ranging sexual assault and harassment, wage theft and other misconduct”. Another claim is from Hunter Biden, Joe Biden’s son, who sued in September, alleging “total annihilation” of his digital privacy through attempts to tie his legal and personal problems to his father, through claims about a hard drive and laptop computer.Claims from the voting machine companies Smartmatic and Dominion Voting Systems, in lawsuits over false allegations of electoral fraud, are also listed as “unknown”.Other claimants listed in the five-page filing are: Eric Coomer, a Dominion employee (for an unknown sum); BST & Co, New York accountants ($10,000); the Internal Revenue Service (income tax claims at $521,345 and $202,887); Aidala, Bertuna & Kamins, a law firm Giuliani hired in 2021 after the FBI raided his apartment ($387,859.98); Momentum Telecom ($30,000); and the New York state department of taxation and finance ($204,346 and $61,340).skip past newsletter promotionafter newsletter promotionIn other paperwork, Giuliani said he had as many as 49 creditors and owed between $100m and $500m. His assets were estimated at between $1m and $10m.Giuliani’s spokesperson and adviser, Ted Goodman, said: “The filing should be a surprise to no one. No person could have reasonably believed that Mayor Rudy Giuliani would be able to pay such a high punitive amount” as awarded in the Georgia defamation case.Chapter 11 bankruptcy protection, Goodman added, “will afford Mayor Giuliani the opportunity and time to pursue an appeal, while providing transparency for his finances under the supervision of the bankruptcy court, to ensure all creditors are treated equally and fairly throughout the process”.David Axelrod, a former aide to Barack Obama turned political commentator, tweeted: “Giuliani files for bankruptcy protection but there is no escape from MORAL bankruptcy, which will be his lasting legacy.” More

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    Trump lawyers urge supreme court to reject fast-tracking immunity decision

    Lawyers for Donald Trump on Wednesday urged the US supreme court to reject a request from the special counsel to expeditiously decide whether he was immune from prosecution over his efforts to overturn the 2020 election results, contending prosecutors lacked standing to bring the petition.The argument from the ex-president was that prosecutors had no basis to appeal a lower court ruling that was favorable to them, and should instead defer intervening in the case until a federal appeals court issued its own judgment first.“This Court’s ordinary review procedures will allow the DC Circuit to address this appeal in the first instance, thus granting this Court the benefit of an appellate court’s prior consideration,” Trump’s lawyers wrote in the 35-page filing.“The Special Counsel urges this Court to bypass those ordinary procedures, including the longstanding preference for prior consideration by at least one court of appeals, and rush to decide the issues with reckless abandon. The Court should decline that invitation at this time.”The papers filed by Trump’s lawyers in essence amounted to an attempt to refreeze the case – and indefinitely delay the March 2024 trial date – after prosecutors sought to bypass the potentially lengthy appeals process by directly asking the nation’s highest court to resolve the matter.Trump’s main argument asking the supreme court to defer the petition was procedural, arguing the narrow cases where prosecutors could appeal a favorable lower court ruling were limited to when the government had suffered some harm, which did not apply to the special counsel Jack Smith.The filing added that the court’s preference should be to allow the DC circuit to issue a judgment first, consistent with ordinary practice and especially when the DC circuit had already agreed to consider the question on an expedited basis.Whether Trump’s line of arguments will prevail remains uncertain, insofar as Trump repeatedly cited the case of Camreta v Greene (2011), in which the court expressly ruled that the fact that the victor filed the appeal did not deprive it of jurisdiction to hear the case.Trump also accused the special counsel’s office of conflating the “public interest” in a speedy trial with “partisan interest”, alleging prosecutors of wanting to go to trial before the 2024 election in order to tie him up in court during the height of his presidential campaign for political reasons.The supreme court is likely to decide whether to grant the special counsel’s appeal in short order. If it does take the case, it could schedule oral arguments in January and issue a decision within weeks. If it declines, it would return to the DC circuit’s jurisdiction.Earlier this month, Trump asked the US court of appeals for the DC circuit to reverse a decision by the trial judge rejecting his motion to dismiss the indictment on grounds that he enjoyed absolute immunity for any actions related to his official duties while president.skip past newsletter promotionafter newsletter promotionThe Trump legal team suspected the motion would fail, according to people familiar with the matter, but filed it in the knowledge that it could be appealed before trial and, crucially, that it would cause the case to be paused pending the outcome of the appeals process.Trump’s lawyers appeared to expect the DC circuit to take months to schedule oral arguments and issue a ruling. They only intended to take the matter to the supreme court after a possible loss, which could again take months to decide whether Trump could be prosecuted in the case.But prosecutors pre-empted Trump and forced him to contend with the supreme court plank of his delay strategy earlier than he expected, requesting a grant of what is known as certiorari before the DC circuit issued a judgment. Prosecutors also separately asked the DC circuit to expedite its consideration.The federal 2020 election interference trial is currently set for 4 March, the day before Super Tuesday, when 15 states are scheduled to hold Republican primaries or caucuses. Trump, the frontrunner for the GOP nomination, has been adamant that he does not want to be stuck in a courtroom.Trump has also made no secret that his overarching legal strategy, for all of his criminal cases, is to pursue procedural delays. If the cases do not go to trial before next year’s election and he wins a second term, then he could direct his handpicked attorney general to drop all of the charges.And even if the case did go to trial before November, the people said, Trump’s preference would have been for the trial to take place as close as possible to the election because it would have given his 2024 campaign ammunition to miscast the criminal case against him as political in nature. More

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    Prosecutors gain access to majority of Trump ally Scott Perry’s phone

    A federal judge ordered the top House Republican Scott Perry to turn over nearly 1,700 records from his phone to special counsel prosecutors that could inform the extent of his role in Donald Trump’s efforts to overturn the 2020 election results, including removing justice department officials.The move by the chief US district judge James Boasberg, who oversees grand jury matters in federal court in Washington DC, means prosecutors can access the majority of the records that the FBI pulled from Perry’s phone. The device was seized in response to a court-approved warrant.Boasberg ordered Perry to produce 1,656 out of 2,055 records. The US court of appeals for the DC circuit directed Perry to individually review which materials were protected by the speech or debate clause, which shields members of Congress from legal peril connected to their official duties, and allowed him to withhold those records.The records include some of Perry’s discussions about efforts to influence the executive branch and state officials, some communications about influencing the conduct of executive branch officials – including that of the former vice-president Mike Pence, according to Boasberg’s 12-page memo.What the special counsel Jack Smith will do with the records remains unclear, given his office previously charged Trump with conspiring to reverse his 2020 election defeat without the materials back in July. Perry can also still appeal the way Boasberg applied the speech or debate clause to his communications.A defense lawyer for Perry declined to say what determinations the Pennsylvania congressman might challenge.The ruling marks the latest twist in the constitutionally fraught case. Last year, the previous chief judge, Beryl Howell, ordered Perry to turn over 2,055 of 2,219 records after finding that speech or debate protections did not apply to informal fact-finding done by members of Congress.Perry appealed to the DC circuit, which overturned Howell’s ruling in September. The court decided that “informal fact-finding” that was not part of a committee investigation, for instance, did in fact qualify as official legislative business as protected by the speech or debate clause.The three-judge panel at the DC circuit of Neomi Rao, Gregory Katsas and Karen Henderson – nominated by Trump and George HW Bush – directed Boasberg to individually re-review the records using their stricter interpretation of speech or debate protections.According to his memo, Boasberg broke down the records into three broad categories: Perry’s communications with people outside the US government, Perry’s communications with members of Congress and staff, and Perry’s communications involving members of the executive branch.The records not withheld in category one most notably included communications about procedures that Pence had to follow at the joint session of Congress to certify the election results and communications about what occurred during the January 6 Capitol attack, the memo said.Category two had more items that were withheld, such as Perry’s discussions about whether to certify the electoral votes on January 6. But Boasberg turned over Perry’s discussions about working with the executive branch and state officials on election fraud issues and influencing their conduct.skip past newsletter promotionafter newsletter promotionThe records not withheld in category three most notably included communications that tried to influence executive branch officials’ conduct, discussions about non-legislative efforts to combat alleged election fraud, and again, procedures that Pence had to follow on January 6.Perry was the subject of special interest by the House select committee investigation into the Capitol attack because of the outsize role he played in introducing to Trump a justice department official, Jeffrey Clark, who was sympathetic to Trump’s claims about alleged election fraud.The introduction led Clark to propose sending a letter to officials in Georgia that falsely said the justice department was investigating election fraud in the state. When the acting attorney general, Jeffrey Rosen, balked, Trump suggested he would replace him with Clark so the letter would be sent.Trump only relented when he was told by Rosen that the justice department leadership would resign and the White House counsel, Pat Cipollone, said he and his deputy, Patrick Philbin, would also quit if Trump followed through. Clark never became the acting attorney general.In August, Trump and his top allies – including Clark – were charged by the Fulton county district attorney, Fani Willis, with violating the Georgia racketeering statute over their efforts to overturn the 2020 election results in the state. Trump and Clark have both pleaded not guilty. More