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      How Dominion Voting Systems filing proves Fox News was ‘deliberately lying’

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      AnalysisHow Dominion Voting Systems filing proves Fox News was ‘deliberately lying’Charles Kaiser in New York Document makes clear senior Fox News figures knew after 2020 election voter fraud claims were false – and it’s likely a landmark caseThe Harvard law professor Laurence Tribe said Dominion Voting Systems’ brief requesting summary judgment against Fox News for defamation – and $1.6bn – is “likely to succeed and likely to be a landmark” in the history of freedom of speech and freedom of the press.Fox News hosts thought Trump’s election fraud claims were ‘total BS’, court filings showRead more“I have never seen a defamation case with such overwhelming proof that the defendant admitted in writing that it was making up fake information in order to increase its viewership and its revenues,” Tribe told the Guardian. “Fox and its producers and performers were lying as part of their business model.”The case concerns Fox News’s repetition of Donald Trump’s lie that his 2020 defeat by Joe Biden was the result of electoral fraud, including claims about Dominion voting machines.Tribe said the filing “establishes that Fox was not only reckless” but also that producers, owners and personalities were “deliberately lying and knew they were lying about the nature of Dominion’s machines and the supposed way they could be manipulated”.Filed last week, the 192-page document makes it clear that senior figures at Fox News from Rupert Murdoch down knew immediately after the election that claims of voter fraud, in particular those aimed at Dominion, were false.Tucker Carlson called the charges “ludicrous” and “off the rails”. Sean Hannity texted about “F’ing lunatics”. A senior network vice-president called one of the stories “MIND BLOWINGLY NUTS”.But none of this knowledge prevented hosts from repeating lies about everything from imaginary algorithms shaving votes from Dominion machines to non-existent ties between the company and Venezuela.Tribe was one of several first amendment experts to call the filing nearly unprecedented.“This is the most remarkable discovery filing I’ve ever read in a commercial litigation,” said Scott Horton, a Columbia Law School lecturer, Harper’s Magazine contributing editor and litigator with clients including CBS and the Associated Press.“A summary judgment motion by a plaintiff in this kind of case is almost unheard of. These suits usually fail because you can’t prove the company you’re suing knew they were spreading falsehoods. That you would have evidence they knew it was a lie is almost unheard of … in this case the sheer volume of all the email and text messages is staggering.”Horton said Dominion’s case gets “huge benefit” from the way Fox employees “express themselves with a huge measure of hyperbole about absolutely everything”.Tribe agreed: “This is one of the first defamation cases in which it is possible to rule for the plaintiff on summary judgment. This is not a request to go to trial. There is no genuinely disputed fact. The defendants were deliberately lying in a manner that was per se libelous and they clearly knew it.”When the Dominion filing was first reported, Fox News said it “mischaracterized the record, cherry-picked quotes stripped of key context and spilled considerable ink on facts that are irrelevant under black-letter principles of defamation law”.Lawyers for Fox News claim everything their anchors said was protected by the first amendment.Other lawyers are skeptical.“You may have a first amendment right to report on what the president said but you have no right to validate a statement that you know to be false,” said Steven Shapiro, former legal director of the American Civil Liberties Union and counsel or co-counsel on more than 200 supreme court briefs.David Korzenik is a leading libel lawyer whose clients include the Guardian. He said the Dominion case shows it “possible to prove actual malice. If particular people are shown to have believed something to be false, or to have been highly aware of its probable falsehood, and at the same time they made statements endorsing it on air, they are in play.“You’re allowed to be biased … you’re allowed to try to make money. And people should be able to disagree with each other in a newsroom. But if Fox anchors say they don’t believe X and then turn around and endorse X on air after expressing manifest disbelief in it, they have a real problem.“The actual malice standard is very high and it’s supposed to be … it’s a burden that can be overcome in limited but appropriate circumstances.”The biggest irony revealed by the Dominion filing is that Carlson and colleagues quickly decided the greatest threat to their network was one of the only times it reported an accurate scoop: that Arizona had gone for Biden, at 11.20pm on election night.Four days later, another Murdoch property, the New York Post, asked Trump to stop the stolen election claim. Rupert Murdoch thanked the Fox News chief executive, Suzanne Scott, for making sure the editorial got wide distribution, according to the Dominion filing.But later that day, as Fox executives realized they were losing viewers, the tide began to shift.“Getting creamed by CNN!” Murdoch messaged Scott.In a message to his producer, Carlson sounded terrified: “Do the executives understand how much credibility and trust we’ve lost with our audience? We’re playing with fire, for real an alternative like Newsmax could be devastating to us.”And so on 8 November Maria Bartiromo featured the Trump adviser Sidney Powell and said: “I know that there were voting irregularities. Tell me about that.”That alternate reality would be repeated for months. Perhaps most devastating of all is Dominion’s account of what happened on 12 November, after the reporter Jaqui Heinrich “correctly factchecked [a Trump] tweet, pointing out that top election infrastructure officials said that there is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”Carlson was incensed. He messaged Hannity: “Please get her fired. Seriously what the fuck? Actually shocked. It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down.”Hannity complained to Scott, who said Heinrich had “serious nerve doing this and if this gets picked up, viewers are going to be further disgusted”.By the next morning, Heinrich had deleted her tweet.TopicsFox NewsUS elections 2020Donald TrumpUS politicsUS televisionUS television industryTV newsanalysisReuse this content More

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      Carlson and Hannity among Fox hosts who didn’t believe election fraud claims – court filings

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      Carlson and Hannity among Fox hosts who didn’t believe election fraud claims – court filingsNumber of conservative political commentators expressed doubts about claims being aired on their network Hosts at Fox News did not believe the allegations of voter fraud in the 2020 presidential election that were being aired on their programmes by supporters of former president Donald Trump, according to court filings in a $1.6bn (£1.34bn) defamation lawsuit against the network.“Sidney Powell is lying” about having evidence for election fraud, Tucker Carlson wrote in a message on 16 November 2020, according to an excerpt from an exhibit that remains under seal.The internal communication was included in a redacted summary judgment brief filed on Thursday by attorneys for Dominion Voting Systems.Is Dominion’s $1.6bn defamation lawsuit a death blow for Murdoch and Fox News?Read moreCarlson also referred to Powell in a text as an “unguided missile” and “dangerous as hell”. Fellow host Laura Ingraham told Carlson that Powell was “a complete nut. No one will work with her. Ditto with Rudy”, referring to the former New York mayor and Trump supporter Rudy Giuliani.Sean Hannity, meanwhile, said in a deposition “that whole narrative that Sidney was pushing, I did not believe it for one second”, according to Dominion’s filing.Dominion, which sells electronic voting hardware and software, is suing Fox News and parent company Fox Corporation. Dominion says some Fox News employees deliberately amplified false claims that Dominion had changed votes in the 2020 election, and that Fox provided a platform for guests to make false and defamatory statements.Attorneys for the cable news station argued in a counterclaim that the lawsuit was an assault on the first amendment. They said Dominion had advanced “novel defamation theories” and was seeking a “staggering” damage figure aimed at generating headlines, chilling protected speech and enriching Dominion’s private equity owner, Staple Street Capital Partners.“Dominion brought this lawsuit to punish FNN for reporting on one of the biggest stories of the day – allegations by the sitting president of the United States and his surrogates that the 2020 election was affected by fraud,” the counterclaim states. “The very fact of those allegations was newsworthy.”Fox attorneys also said Carlson repeatedly questioned Powell’s claims in his broadcasts. “When we kept pressing, she got angry and told us to stop contacting her,” Carlson told viewers on 19 November 2020.Fox attorneys say Dominion’s own public relations firm expressed scepticism in December 2020 as to whether the network’s coverage was defamatory. They also point to an email from just days before the election, in which Dominion’s director of product strategy and security complained that the company’s products were “just riddled with bugs”.In their counterclaim, Fox attorneys wrote that when voting technology companies denied the allegations being made by Trump and his surrogates, Fox News aired those denials, while some Fox News hosts offered protected opinion commentary about Trump’s allegations.Fox’s counterclaim is based on New York’s “anti-Slaap” law. Such laws are aimed at protecting people trying to exercise their first amendment rights from being intimidated by “strategic lawsuits against public participation”, or Slapps.“According to Dominion, FNN had a duty not to truthfully report the president’s allegations but to suppress them or denounce them as false,” Fox attorneys wrote. “Dominion is fundamentally mistaken. Freedom of speech and freedom of the press would be illusory if the prevailing side in a public controversy could sue the press for giving a forum to the losing side.”Fox attorneys warn that threatening the company with a $1.6bn judgment would cause other media outlets to think twice about what they report. They also say documents produced in the lawsuit show Dominion has not suffered any economic harm and do not indicate that it lost any customers as the result of Fox’s election coverage.A trial is set to begin in mid-April.TopicsFox NewsSean HannityFoxUS elections 2020Donald TrumpUS politicsnewsReuse this content More

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      Biden says three objects shot down over US ‘most likely’ private, and not more Chinese spy balloons – live

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      Joe Biden says the intelligence services haven’t determined the purpose of the three objects American planes shot down in recent days, but there’s no sign they were used for surveillance or connected to China.“Our intelligence community is still assessing all three incidences. They’re reporting to me daily and will continue the urgent efforts to do so, and I will communicate that to the Congress,” Biden said in an address from the White House.“We don’t yet know exactly what these three objects were, but nothing right now suggests they were related to China’s spy balloon program, or they were surveillance vehicles from other any other country. The intelligence community’s current assessment is that these three objects were most likely balloons tied to private companies, recreation or research institutions, studying weather or conducting other scientific research.”01:19In a White House address, Joe Biden tried to reassure Americans about what fighter jets shot down over North America in recent days, saying there were no signs the still-unidentified objects were connected to China or used for surveillance. Earlier in the day, a Georgia court released portions of a special grand jury’s report into Donald Trump’s election meddling campaign, which indicated jurors were worried about being lied to, but did not reveal if they think the former president or his allies committed crimes. The ball is now in Atlanta-area district attorney Fani Willis’s court, since she’s using the document to determine the next steps in her investigation of the former president’s attempt to overturn his 2020 election loss in Georgia.Here’s what else happened today:
      Senator John Fetterman checked himself into the hospital to receive treatment for depression. The Democrat’s election in Pennsylvania last November was crucial to the party gaining an outright majority in the Senate.
      Biden wants to speak with China’s president Xi Jinping after the spy balloon incident, though it’s not clear when the leaders plan to jump on the phone.
      Nikki Haley thinks Trump could pass one of the “mental competency tests” she wants to force politicians older than 75 to take.
      Democrats are beginning to worry that Biden is too old to run for re-election.
      A bill to prevent police from using search warrants to access data from menstrual tracking apps failed in Virginia’s legislature, apparently due to interference from Republican governor Glenn Youngkin.
      A theory has emerged from the amateur radio community about what exactly a US jet shot down over Canada’s Yukon territory.The unidentified object, one of three downed by American planes in recent days, may have been a “pico” balloon equipped with a GPS module and a solar panel that was launched from Illinois last October, and in the middle of circumnavigating the earth for the seventh time, according to this report on hobbyist website RTL-SDR.As the article makes clear, the details of the K9YO-15 amateur radio balloon and US and Canadian authorities’ description of the object encountered on 11 February sure seem to line up:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The launch blog post indicates that the K9YO-15 balloon was flying a silver mylar 32” sphere SAG balloon which appears to be this one from balloons.online. Unlike latex or rubber weather balloons which inflate and stretch as they rise into lower atmospheric pressures, these mylar balloons can’t stretch, so their fully inflated ground size will be the same as their size at high altitudes, meaning the pico balloon won’t get much bigger than 32”. The payload was a GPS module, Arduino, SI5351 used as a WSPR and APRS transmitter and a solar panel, all together weighing 16.4 grams. A pentagon memo notes that the object shot down over Canada was a “small metallic balloon with a tethered payload” which fits the description of the pico balloon exactly.
      The K9YO-15 balloon ceased all WSPR telemetry transmissions while flying just below Alaska since Feb 11 00:18 UTC (just before sunset in Alaska when the solar panels would stop working).
      By using NOAA wind models and the last known location by Alaska, K9YO-15 was projected to have been over Yukon when the US Air Force shot down the unknown balloon object at Feb 11 20:41 UTC (3:41 PM EST / 1:41 PM Yukon time according to Canadian Defense Minister Anand). Reports put the altitude of the shot down object at approximately 40,000ft (~12000 meters), which matches the projected ~11500 meters of K9YO-15. Based on the previous days transmission times, it is suspected that if it were operational, the balloon would have begun transmitting again sometime later in the Yukon afternoon when the sun was stronger, but no transmissions have been seen.A town in Ohio is demanding answers after a train carrying toxic chemicals derailed in their community, but the Guardian’s Lauren Aratani and Michael Sainato report that rail executives refused to provide any in a meeting last night:Nearly two weeks after a train carrying toxic chemicals derailed in East Palestine, Ohio, community members packed a local high school auditorium on Wednesday night wanting answers to their health and safety concerns.Norfolk Southern Corporation, the Atlanta-based operator of the derailed train, ultimately skipped the meeting, which was the first community meeting in the town of 5,000 people since the incident.“We know that many are rightfully angry and frustrated right now. Unfortunately, after consulting with community leaders, we have become increasingly concerned about the growing physical threats to our employees and members of the community around this event stemming from increasing likelihood of the participation of outside parties,” the company said in a statement. “With that in mind, Norfolk Southern will not be in attendance this evening.”Ohio residents demand answers two weeks after toxic chemical train derailmentRead more01:23The New York Times has obtained an email from John Fetterman’s wife to the Democratic senator’s supporters:Email from @giselefetterman to supporters: “our family is in for some difficult days ahead, and we ask for your compassion on the path to recovery.””I’m sad, and worried, as any wife and mother would be.”— Annie Karni (@anniekarni) February 16, 2023
      John Fetterman, the newly elected Democratic senator whose victory in Pennsylvania gave Joe Biden’s allies an outright majority in the chamber after last November’s midterms, has checked himself into the hospital for clinical depression, his office announced.“Last night, Senator John Fetterman checked himself into Walter Reed National Military Medical Center to receive treatment for clinical depression. While John has experienced depression off and on throughout his life, it only became severe in recent weeks,” Fetterman’s chief of staff Adam Jentleson said in a statement.“On Monday, John was evaluated by Dr. Brian P. Monahan, the Attending Physician of the United States Congress. Yesterday, Dr. Monahan recommended inpatient care at Walter Reed. John agreed, and he is receiving treatment on a voluntary basis. After examining John, the doctors at Walter Reed told us that John is getting the care he needs, and will soon be back to himself.”The three recent shootdowns are among the more mysterious national security happenings in recent time, particularly because days have passed since they occurred, and Washington has yet to come out with an explanation of what American jets encountered in the skies.But Joe Biden seems to be preparing Americans for the possibility that the unidentified objects were simply innocuous vessels in the wrong place at the wrong time. While he didn’t say what was shot down in his White House speech today, he did note that he asked American intelligence agencies to look into reports of UFOs.“When I came into office, I instructed our intelligence community to take a broad look at the phenomenon of unidentified aerial objects,” Biden said. “We know that a range of entities including countries, companies and research organizations operate objects at altitudes for purposes that are not nefarious, including legitimate scientific research.”He also noted that “our military and the Canadian military are seeking to recover the debris so we can learn more about these three objects.” There’s no indication there that they’ve managed to get their hands on them yet, even though it’s been days since they were downed.The president announced he would look to speak with China’s leader Xi Jinping in the wake of the downing of a spy balloon belonging to Beijing off American’s eastern coast.“The other thing I want to point out is that we are going to keep our allies and the Congress contemporaneously informed of all we know and all we learn, and I expect to be speaking with President Xi, and I hope we have we are going to get to the bottom, as I make no apologies for taking down that balloon,” Biden said.He also noted that, “Our (experts) have lifted components of the Chinese balloon’s payload off the ocean floor, we’re analyzing them as I speak, and what we learn will strengthen our capabilities.”Biden says the government is coming up with practices to better detect and deal with unknown aerial objects in the wake of the recent shootdowns over North America.“I’ve directed my team to come back to me with sharper rules for how we will deal with these unidentified objects moving forward, distinguishing between those that are likely to pose safety and security risks that necessitate action and those that do not,” Biden said.“But make no mistake: if any object presents a threat to the safety, security of the American people, I will take it down. I’ll be sharing with Congress these classified policy parameters when they’re completed, and they’ll remain classified so we don’t give our roadmap to our enemies to try to evade our defenses.”He also addressed why the United States found itself suddenly responding to three unidentified objects in its airspace just days after shooting down a confirmed Chinese spy balloon.“We don’t have any evidence that there has been a sudden increase in the number of objects in the sky. We’re now just seeing more of them, partially because the steps we’ve taken to increase our radars, to narrow our radars, and we have to keep adapting our approach to dealing with these challenges.”Joe Biden says the intelligence services haven’t determined the purpose of the three objects American planes shot down in recent days, but there’s no sign they were used for surveillance or connected to China.“Our intelligence community is still assessing all three incidences. They’re reporting to me daily and will continue the urgent efforts to do so, and I will communicate that to the Congress,” Biden said in an address from the White House.“We don’t yet know exactly what these three objects were, but nothing right now suggests they were related to China’s spy balloon program, or they were surveillance vehicles from other any other country. The intelligence community’s current assessment is that these three objects were most likely balloons tied to private companies, recreation or research institutions, studying weather or conducting other scientific research.”01:19Joe Biden has started his address about the UFOs shot down over North America in recent weeks, as well as the Chinese spy balloon.Follow along here for the latest. More

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      Findings in Georgia Trump report could be enough to bring criminal charges

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      AnalysisFindings in Georgia Trump report could be enough to bring criminal chargesCarlisa N. JohnsonThe partial release of the grand jury report signals the investigation already contains legitimate evidence of perjury The release of a portion of the Fulton county special purpose grand jury’s report marks a new step toward potential criminal charges holding Donald Trump and his allies accountable for election interference.Georgia was crucial in the 2020 presidential election, providing a key victory for Joe Biden and drawing the intense focus of Trump and his backers.Witnesses in Trump investigation may have lied, says Georgia grand jury reportRead more“I just want to find 11,780 votes,” Trump said on the now infamous phone call to the Georgia secretary of state, Brad Raffensperger. During the call, Trump maintained that widespread voter fraud took place in Georgia, claiming that he had in fact won the state despite audits confirming the validity of election results.It was this call that sparked the initial Fulton county investigation and now fuels Fulton county district attorney Fani Willis’ ability to bring charges. Unlike other investigations into Trump’s legal and business matters, the case is meant to face the former president’s election meddling head-on.The report excerpt revealed today recommends that charges be filed against a majority of witnesses who lied under oath and concludes there was not widespread voter fraud in Georgia during the 2020 election. It illustrates Fulton county’s role in looking to reveal how Donald Trump and his allies sowed seeds of election interference and denialism during the 2020 presidential election.While these segments fall short of clear criminal charges, they signal that the investigation already contains legitimate evidence of perjury, which could be enough to bring criminal charges against those in Trump’s orbit.Anthony Kreis, Georgia State University College of Law professor and political scientist, said the meticulously curated release of the report points to the ever-growing potential that the Willis’ office is working to prepare indictment charges for Trump and his allies.“The most damning evidence against Trump is in Georgia,” Kreis said. “The phone call from former president Trump to the secretary of state’s office is exceedingly damning both in the sense that there seems to be an express demand for something that could be the solicitation of election fraud and the fact that it is all caught on tape and it’s much more than just an allegation.”Due to the clarity of Trump’s indiscretions in Georgia, the Fulton county district attorney’s office is likely ahead of ongoing federal investigations and closer to presenting charges, according to Georgia attorney Kurt Kastorf, a former US justice department prosecutor.“It is likely that if there are charges [in Fulton county], the charges are going to be in the near term,” said Kastorf.While the report did not reveal the range of these potential charges, the scope of the investigation has been comprehensive. The grand jury called at least 75 prominent witnesses, including many of Trump’s known allies. Attorneys Rudy Giuliani, Jenna Ellis and Cleta Mitchell, Senator Lindsay Graham and newly elected Georgia lieutenant governor Burt Jones all appeared before the committee.Though the report does not name which witnesses it believes lied under oath, it does conclude that “perjury may have been committed by one or more witnesses.” It also recommends indictments for “such crimes where the evidence is compelling.”No matter the charges brought forth against Trump and those included in the investigation, state law presents a specific set of circumstances that are much different from any ongoing federal cases.According to Kastorf, there are two key elements that make Fulton county different for Trump and others who face potential indictment from the Fulton county district attorney’s office: the difference in the jury pool of Fulton county and the political considerations of a state-level case in comparison to a federal case.Fulton county is a predominantly Democratic region in the largely Republican state. This means that the jury pool could be comprised of largely Democratic leaning jurors who could be guided by partisan beliefs should a trial ensue. Furthermore, pardons and political immunity are much more difficult to obtain in Georgia.“The US president does not have pardon power in Georgia,” said Kastorf. “In fact, the governor doesn’t have pardon power in Georgia. It is significantly less likely that if Trump or someone associated with his campaign were convicted in Georgia, they would be able to obtain a pardon or have immunity based on holding political office.”Though there is not exactly legal precedence for this case that points to what happens when a sitting president attempts to influence and change the results of an election, according to Kreis, there is a parallel with another historical moment critical to democracy in the US.“We had election denialism run rampant in the United States at the end of the 19th century, and people who engaged in election denialism then decided that they were going to use that to dampen voting rights and disenfranchise people,” Kreis said.According to Kreis, this led to “democratic backsliding” that threatened the foundation of democracy in the US, similar to what we see today.“But the key difference is, nobody was ever really held accountable for engaging in actions of election denialism that led to acts of political violence back then,” said Kreis.TopicsDonald TrumpThe fight for democracyGeorgiaUS elections 2020US politicsanalysisReuse this content More

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      Georgia officials to release grand jury report on Trump bid to overturn election – live

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      “Hell, yes.” “100%.” Those were the replies of some Republican state legislators in Georgia to a last-ditch attempt by Donald Trump’s campaign to stop Joe Biden’s election win in the state, the Atlanta Journal-Constitution reports, citing newly released congressional records.The Trump campaign wanted the group to appoint presidential electors who would vote for Trump, not Joe Biden – even though he’d won the state’s 16 electoral votes, the first time a Democrat has done so since Bill Clinton in 1992.The publication contacted the approximately 30 lawmakers who said they would participate in the effort, which was ultimately unsuccessful. Seventeen couldn’t be reached, or didn’t respond to a request for comment. But others appeared to deny they’d ever signed on.“I do think there were some issues with the election. But that was not the way to go,” Republican state representative Kasey Carpenter told the Journal-Constitution.You can read the rest of the story here.Let’s say Fulton county district attorney Fani Willis does decide bring charges against Donald Trump based on the grand jury’s report. What would be the alleged crime? As the Guardian’s Carlisa N. Johnson reported last month, the answer could be racketeering:An Atlanta prosecutor appears ready to use the same Georgia statute to prosecute Donald Trump that she used last year to charge dozens of gang members and well-known rappers who allegedly conspired to commit violent crime.Fani Willis was elected Fulton county district attorney just days before the conclusion of the 2020 presidential election. But as she celebrated her promotion, Trump and his allies set in motion a flurry of unfounded claims of voter fraud in Georgia, the state long hailed as a Republican stronghold for local and national elections.Willis assumed office on 1 January 2021, becoming the first Black woman in the position. The next day, according to reports, Trump called rad Raffensperger, the Georgia secretary of state, urging him to “find” the nearly 12,000 votes he needed to secure a victory and overturn the election results.The following month, Willis launched an investigation into Trump’s interference in the state’s general election. Now, in a hearing on Tuesday, the special purpose grand jury and the presiding judge will decide whether to release to the public the final report and findings of the grand jury that was seated to investigate Trump and his allies.Willis, who has not shied away from high-profile cases, has made headlines for her aggressive style of prosecution. Willis was a lead prosecutor in the 2013 prosecution of educators in Atlanta accused of inflating students’ scores on standardized tests. More recently, Willis brought a case against a supposed Georgia gang known as YSL, including charges against rappers Yung Thug and Gunna.Could Trump be charged for racketeering? A Georgia prosecutor thinks soRead moreGot questions about the special grand jury’s report in Georgia? The Guardian’s Sam Levine has answers in this piece published just before a hearing in which a judge ultimately opted to allow its partial release:A court hearing on Tuesday will mark one of the most significant developments in a Georgia investigation examining whether Donald Trump and allies committed a crime in their efforts to overturn the 2020 presidential election. Here’s all you need to know about that hearing and what to expect next.What exactly is happening on Tuesday?Since May of last year, a special purpose grand jury in Fulton county, Georgia has been investigating whether Donald Trump committed a crime under state law when he tried to overturn the 2020 election by pressuring state officials to try and overturn Joe Biden’s victory in the state.The grand jury concluded its work earlier this month. On Tuesday, there will be a hearing to determine whether the grand jury’s report should be made public. The special grand jury – which consisted of 23 jurors and three alternates – has recommended its report be made public.Why is this investigation such a big deal?Trump and allies have yet to face any criminal consequences for their efforts to overturn the 2020 election. The Fulton county probe could be the first time that charges are filed against Trump and allies for those efforts. The US House committee that investigated the January 6 attacks also made a criminal referral to the justice department, which is also investigating Trump’s actions after the 2020 election.What is Georgia’s Trump election inquiry and will it lead to charges?Read moreShould Donald Trump face criminal charges?That’s the big question the report authored by a special grand jury in Georgia’s Fulton county might answer. We won’t be seeing all of it today, but what’s released could shed light on what the jurors came to believe after spending months hearing from former Trump officials, state lawmakers and others with knowledge of his attempt to stop Joe Biden from carrying the state’s electoral votes.The answer to that question could very well be no – at least in the eyes of the jurors. But they might recommend charges against other officials who appeared before them. Trump’s lawyer Rudy Giuliani was, for instance, told that he was a target of the investigation, as was reportedly the state’s lieutenant governor Burt Jones and David Shafer, chair of the Georgia GOP.But even if the jurors want to bring the hammer down, it’s not their decision to make. That’s up to Fani Willis, the district attorney for the Atlanta-area county, who will have to decide whether to accept their recommendations and move forward with prosecutions.Good morning, US politics blog readers. Today, we may get a sense of which direction one of the many investigations into Donald Trump is heading, when parts of a special grand jury’s report into his attempt to undo Joe Biden’s 2020 election win in Georgia are made public. A judge earlier this week ordered the release of the document’s introduction, conclusion and a chapter on jurors’ concerns that some witnesses were lying, while withholding the rest, at least for now. Fani Willis, the district attorney in Georgia’s Atlanta-area Fulton county, is expected to use the report to determine whether to bring charges in the investigations – and against who. This blog will dig into the document as soon as it’s released.Here’s what else is going on:
      Joe Biden may as soon as today give a public address about the Chinese spy balloon and three UFOs shot down by American jets over North America, the Washington Post reports, in a response to pressure from lawmakers who want more transparency on the unusual events.
      Barbara Lee, a progressive House Democrat known for her anti-war bona fides, has filed the paperwork to compete in the California Senate race, according to Politico.
      Special counsel Jack Smith wants to hear from Mark Meadows, Trump’s chief of staff for his final days in the White House, CNN reports. More

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      Georgia grand jury report on Trump election pressure to be partially released

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      Georgia grand jury report on Trump election pressure to be partially releasedJudge ruled certain sections will be made public this week, including one involving witnesses who may have lied under oath Portions of a Georgia grand jury’s report on whether Donald Trump and allies committed crimes when they tried to overturn the 2020 election will be made public this week, but the entirety of the report will remain secret until the Fulton county prosecutor decides whether to bring charges, a judge ruled on Monday.The sections that will be made public are the report’s introduction, conclusion and a section discussing whether some of the witnesses who testified before the special purpose grand jury lied under oath. The section does not identify which witnesses may have lied.Those sections will be made public on the court docket on 16 February, Robert McBurney, a Fulton county judge ruled on Monday.The decision is the latest development in a closely watched investigation opened by Fani Willis, the Fulton county district attorney, into efforts to overturn the results of the November 2020 election. Last month, Willis appeared in court to say she opposed releasing the report in full until she decided whether to file criminal charges, a decision she said at the time was “imminent”.Untouchable review: Trump as ‘lawless Houdini’ above US justiceRead moreTrump – who infamously pressed Georgia’s top election official to “find 11,780 votes” to overturn the election – and allies could face a range of criminal charges under Georgia law. It is a state crime to intentionally try to get someone to commit election fraud or to interfere with an official who is carrying out election duties. Willis is also reportedly considering bringing Rico racketeering charges against Trump.In an eight-page ruling, McBurney said he had reviewed the report and that the grand jury had fulfilled its purpose. But releasing the entirety of the report before Willis makes a decision on criminal charges could violate the due process rights of those named in the report, he wrote.“By all appearances, the special purpose grand jury did its work by the book. The problem here, in discussing public disclosure, is that that book’s rules do not allow for the objects of the District Attorney’s attention to be heard in the manner we require in a court of law,” he wrote.Trump was issued subpoena for folder marked ‘Classified Evening Briefing’ discovered at Mar-a-LagoRead more“The consequence of these due process deficiencies is not that the special purpose grand jury’s final report is forever suppressed or that its recommendations for or against indictment are in any way flawed or suspect. Rather, the consequence is that those recommendations are for the District Attorney’s eyes only – for now.”TopicsUS politicsDonald TrumpGeorgiaUS elections 2020newsReuse this content More

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      Trump campaign promised to ‘fan the flame’ of 2020 election lie, audio reveals – as it happened

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      A senior member of Trump’s re-election campaign said that campaigners were going to “fan the flame” and spread the false claim that Democrats were “trying to steal this election” in a leaked November 2020 audio clip, the Associated Press first reported.In the obtained audio recording, Andrew Iverson discussed the communications strategy for Trump’s reelection in Wisconsin, as Democrats outflanked Republicans in the region.At the time, Iverson led reelection efforts in Wisconsin, a key battleground state which Biden eventually won by over 20,000 votes in 2020.“Here’s the deal: comms is going to continue to fan the flame and get the word out about Democrats trying to steal this election. We’ll do whatever they need. Just be on standby if there’s any stunts we need to pull,” said Iverson.The audio was given to the Associated Press by a former Trump operative, who withheld their name fearing political and personal retaliation. The unnamed operative was motivated as Trump prepares for a third reelection campaign for the US presidency.Iverson, who is now the midwest regional director for the Republican National Committee (RNC), has deferred questions from the Associated Press to RNC spokesperson Keith Schipper.Schipper declined to comment, saying that he has not heard the audio.That’s it for the US politics live blog! Here is a summary of what happened today:
      Joe Biden and Kamala Harris traveled to Philadelphia today and announced $500m that will be used to upgrade water pipes in the region. “Water ought to be something that’s just guaranteed,” said Biden, noting that the US is the richest country in the world.
      The Indiana Republican Victoria Spartz said today she will not run for an open Senate seat in 2024 and will also retire from her seat in the US House.
      Biden boasted about the better-than-expected latest jobs figures. “Today, I am happy to report that the state of our union and the state of our economy is strong,” said Biden, referring to the over 500,000 jobs that were created in January.
      Secretary of State Antony Blinken will postpone a scheduled trip to China after yesterday’s discovery of what is believed to be a Chinese spy balloon over the US, sailing above the US and within peering distance of a nuclear weapons installation.
      A senior member of Donald Trump’s Wisconsin 2020 election campaign said their team should “fan the flame” of denial about Trump’s key loss in Wisconsin to Biden and and spread the false claim that Democrats were “trying to steal this election”, according to a leaked November 5, 2020 audio clip.
      Thank you for reading; have a great weekend!The Democratic National Convention will vote on a committee recommendation to alter the presidential primary calendar in 2024 during their upcoming Saturday meeting, reported the Hill.Biden previously ordered Democrats to change the primary calendar to better support non-white voters.Here’s more information on Biden’s request from the Guardian’s Adam Gabbatt: .css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Democrats are poised to shake up the way in which they nominate presidential candidates, after Joe Biden said the primary process should better represent the party’s non-white voters.
      Biden has reportedly told Democrats that Iowa, the state that has led off the Democratic voting calendar since 1976, should be moved down the calendar, with South Carolina instead going first.
      The move would see New Hampshire, which has technically held the nation’s first primary since 1920 (Iowa uses a slightly different system of caucuses, or in-person voting), shunted down the calendar.
      Both Iowa and New Hampshire are predominantly white states. Clamor has been growing inside and outside the Democratic party for a different state, with a population more representative of the US as a whole, to be given the first go.Read the full article here.Biden tells Democrats to revise primary calendar to boost Black voters’ voicesRead moreDuring his remarks, Biden noted the importance of ensuring that all Americans have access to clean water.“Water ought to be something that’s just guaranteed,” said Biden, noting that the US is the richest country in the world.Biden said that the problem of older pipes leading to lead exposure and poisoning is an issue across America.“It’s especially bad in older cities, in the midwest and the northeast,” said Biden.“No amount of lead in water is safe. None,” Biden added.Before beginning his remarks, Biden joked about having to support the Philadelphia Eagles before their Super Bowl appearance next Sunday as his wife, Jill Biden, is from the city.From Philadelphia Inquirer reporter Jonathan Tamari:Joe Biden in Philly:”Fly Eagles Fly. I happen to mean it, but even if I didn’t, I’d say it. Otherwise, I’d be sleeping alone” he says, referring to Jill Biden— Jonathan Tamari (@JonathanTamari) February 3, 2023
      Harris is currently speaking in Philadelphia in joint remarks with Joe Biden about infrastructure investment that will upgrade clean water systems.Harris is speaking about the importance of clean drinking water, as Harris and Biden announce $500m that Philadelphia will use to address lead pipes throughout the city.“No child in America should ever have to endure that kind of experience. No parent in America should ever have that experience,” said Harris, recalling a 2 year-old child who was hospitalized for lead poisoning after drinking water out of the tap.Just three days after disgraced New York representative George Santos withdrew from House committee assignments, House Republicans have encouraged Twitter users to follow him on social media.The House Republican tagged George Santos’ official account with the hashtag “FollowFriday”, encouraging users to follow the congressman’s account.From the House Republicans Twitter account:#FollowFriday @RepSantosNY03 from #NY03! pic.twitter.com/qWn3riPcYu— House Republicans (@HouseGOP) February 3, 2023
      The New York Republican congressman remains under investigation for several lies he listed on his résumé and current campaign finance filings.A former Manhattan prosecutor wrote in a new book that he almost pursued a racketeering charge against Donald Trump, reports the New York Times.Mark F Pomerantz resigned in protest from the Manhattan district attorney’s office last year after the office’s newly elected DA, Alvin Bragg, declined to pursue an indictment against Trump.In a forthcoming book entitled “People vs. Donald Trump”, Pomerantz says that the Manhattan district attorney’s office mapped out charges to bring against Trump under the state’s racketeering law.More from the Times:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Mr. Pomerantz and his colleagues cast a wide net, examining a host of Trump enterprises — including Trump University, his for-profit real estate education venture, and his family charitable foundation.
      “He demanded absolute loyalty and would go after anyone who crossed him. He seemed always to stay one step ahead of the law,” Mr. Pomerantz, a prominent litigator who has prosecuted and defended organized crime cases, writes of Mr. Trump. “In my career as a lawyer, I had encountered only one other person who touched all of these bases: John Gotti, the head of the Gambino organized crime family.”
      A lawyer for Mr. Trump recently sent Mr. Pomerantz a letter threatening that, “If you publish such a book and continue making defamatory statements against my clients, my office will aggressively pursue all legal remedies.”Read the full article here (paywall).Our columnist Moustafa Bayoumi has filed on the Republican move to expel Ilhan Omar from the foreign affairs committee, ostensibly over her allegedly antisemitic remarks about Israel, and what it says about the GOP’s own problems with antisemitism…Who remembers how, in 2018 and just days before the deadliest attack on Jewish people in US history, a prominent US politician tweeted: “We cannot allow Soros, Steyer, and Bloomberg to BUY this election!”?The tweet was widely – and correctly – understood as dangerously antisemitic, particularly heinous in a period of rising anti-Jewish hatred. And whose tweet was this? If you thought the answer was Minnesota’s Democratic representative Ilhan Omar then, well, you’d be wrong. The author was none other than the House majority leader at the time, Republican Kevin McCarthy.And who can forget when Marjorie Taylor Greene, who has tweeted that “Joe Biden is Hitler”, speculated that the wildfires in California were caused by a beam from “space solar generators” linked to “Rothschild, Inc.”, a clear wink to bizarre antisemitic conspiracy theories. Incidentally, Greene, who has a long record of antisemitic and anti-Muslim statements, has been recently appointed, by the same Kevin McCarthy, now speaker of the House, to the homeland security committee.Then there’s former president Donald Trump, who dines with Holocaust deniers like Nick Fuentes and antisemites like Ye. In stereotypically anti-Jewish moves, Trump has repeatedly called the loyalty of Jewish Americans into question. Just this past October, he wrote that “US Jews have to get their act together and appreciate what they have in Israel – Before it is too late!”In case it’s not obvious, let me state it plainly. Today’s Republican party has a serious antisemitism problem. The easy acceptance and amplification of all sorts of anti-Jewish hate that party leaders engage in emboldens all the worst bigots, raving racists, and far-right extremists across the globe, all the while threatening Jewish people here and everywhere.So it is more than a little rich that House Republicans voted on Thursday to remove Omar from the foreign affairs committee, where she’s served since 2019, because, they say, of her antisemitic views.Read on:Republicans have a serious antisemitism problem. It isn’t Ilhan Omar | Moustafa BayoumiRead moreAfter less than seven minutes, Jean-Pierre’s gaggle has come to an end as the press secretary told reporters that passengers were being instructed to sit down due to turbulence.White House press secretary Karine Jean-Pierre is currently in a gaggle aboard Air Force 1, on route to Philadelphia where Harris and Biden will give remarks on the city’s upgraded water systems.Jean-Pierre answered several questions on the status of the Chinese spy balloon that was reported above the US.“The president was briefed on this on Tuesday,” adding that Biden has continued to receive updates on the spy balloon.The recommendation from US military officials was not to take “kinetic action” due to safety risks for people on the ground.Jean-Pierre did not answer questions on if the US will attempt to capture the balloon, but added that the Pentagon is “keeping a close eye on it” and will continue to monitor it.The Indiana Republican Victoria Spartz said today she will not run for an open Senate seat in 2024 and will also retire from her seat in the US House.The decision ends speculation which mounted when the 44-year-old refused to back Kevin McCarthy during last month’s 15-vote marathon for House speaker, voting “present” instead of backing any of the rightwing figures put up against McCarthy by a group of far-right rebels.She told reporters: “My concern is that … we didn’t come together yet. So, we have to go back … as a group of people, and figure it out.”Some observers, however, suggested that Spartz might be hedging her bets ahead of a Senate run.Seems not. In a statement on Friday, the Ukraine-born Spartz said: “It’s been my honor representing Hoosiers in the Indiana state senate and US Congress and I appreciate the strong support on the ground. 2024 will mark seven years of holding elected office and over a decade in Republican politics.“I won a lot of tough battles for the people and will work hard to win a few more in the next two years. However, being a working mom is tough and I need to spend more time with my two high-school girls back home, so I will not run for any office in 2024.”Jim Banks, a prominent hardliner in the US House, is the favourite to win the Republican primary to replace the retiring Mike Braun in the US Senate. Donald Trump has endorsed Banks.Texts sent by Alex Jones show the rightwing media figure repeatedly texted with members of the Proud Boys in 2020.Jones conversed with Gavin McInnes, the founder of Proud Boys, and Jason Biggs, who is on trial for seditious conspiracy in connection with the Capitol attack of 6 January 2021, an attempt to keep Donald Trump in office despite his election loss to Joe Biden.Some 22,000 of Jones’ texts, spanning August 2019 to 15 May 2020, were reviewed by the Southern Poverty Law Center’s Hatewatch reporting team.Jones also frequently texted with Roger Stone, the rightwing political fixer sentenced to 40 months in prison in 2020 over his attempts to sabotage a congressional investigation that posed a political threat to Trump. Jones was pardoned by Trump in December 2020.Hatewatch found that despite Jones using his Infowars broadcaststo rail against pornography as a plot to “end the family”, he repeatedly texted links to pornographic videos.The messages also offer a glimpse into Jones’ state of mind as he was being sued by multiple parents of victims of the Sandy Hook school shooting, after he repeatedly said the shooting was a hoax.In one message, Jones told his wife “I am in hell”. A message to his father described his situation as like “a black hole”.Hatewatch obtained the messages from Mark Bankston, an attorney who represented Neil Heslin and Scarlett Lewis, the parents of Jesse Lewis, who was killed in the Sandy Hook shooting in 2012. Heslin and Lewis sued Jones for defamation, and were awarded $49m.Bankston received the messages from Jones’ lawyers, after they mistakenly sent their legal opponent 22,000 of Jones’ texts.Hello again, live blog readers, Joe Biden and Kamala Harris are heading to Philadelphia this afternoon to talk about the economy and we’ll have that news for you as it happens, so do stick around.It’s been a morning of mixed politics developments, here’s where things stand so far:
      Biden and Harris are due to speak in Philadelphia, Pennsylvania, at 3.15pm ET, with remarks on the economy. White House press secretary Karine Jean-Pierre will “gaggle” with accompanying reporters aboard Air Force One en route to the city, available on audio via the White House Live link, expected around 1.40pm ET.
      The US president tooted his horn over the better-than-expected latest jobs figures. “Today, I am happy to report that the state of our union and the state of our economy is strong,” said Biden, referring to the over 500,000 jobs that were created in January.
      Secretary of State Antony Blinken will postpone a scheduled trip to China after yesterday’s discovery of what is believed to be a Chinese spy balloon over the US, sailing above Montana within peering distance of a nuclear weapons installation.
      A senior member of Donald Trump’s Wisconsin 2020 election campaign said their team should “fan the flame” of denial about Trump’s key loss there to Biden and and spread the false claim that Democrats were “trying to steal this election” in a leaked November 5, 2020 audio clip. The guy on tape is still a senior RNC figure.
      Indiana representative Victoria Spartz announced in a statement today that she will not be seeking reelection or running for the US Senate.“I will not run for any office in 2024,” said Spartz, who is Republican, in a statement.Rep. Victoria Spartz announces that she’s not running for Senate in 2024 — or for reelection #IN05 pic.twitter.com/V1ZQlmE1A7— Erin Covey (@ercovey) February 3, 2023
      The announcement comes as rumors circulated around a potential Senate run from Spartz given an open seat.Spartz received wide attention for voting ‘present’ during House speaker elections, where House Speaker Kevin McCarthy required 15 votes to secure the position. More

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      Trump campaign promised to ‘fan the flame’ of 2020 election lie, audio reveals – live

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      Secretary of State Antony Blinken will postpone a scheduled trip to China after yesterday’s discovery of a Chinese spy balloon over the US.Here’s more on the discovery of the spy balloon, from the Guardian’s Julian Borger:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The Pentagon has said it is tracking a Chinese spy balloon flying over the US but decided against shooting it down for safety reasons.
      Defence officials said the balloon had been watched since it entered US airspace at high altitude a couple of days ago. It has been monitored by several methods including crewed aircraft, and has most recently been tracked crossing Montana, where the US has silo-based nuclear missiles.
      As a precaution, flights from Billings Logan airport were suspended on Wednesday.
      The Chinese government has not confirmed if it owns the balloon, and state-backed media have used the incident to taunt the US.Pentagon says it is monitoring Chinese spy balloon spotted flying over USRead moreJoe Biden will be giving remarks shortly about new figures released on the January job market report.The US added 517,000 jobs in January, bringing the unemployment rate to a 53-year low of 3.4%.The latest news on the job market signified significant growth for the labor sector, even as the Federal reserve increases interest rates to address rising inflation costs.Experts had expected the unemployment rate to rise slightly last month, but the rate continued to decrease to levels seen pre-pandemic.223,000 jobs were added to the labor market in December, an overall gain but lower than the 539,000 new jobs added each month since the start of 2022.US adds 517,000 jobs in January in huge gain for labor marketRead moreIn the November 2020 clip taken two days after the 2020 election, Iverson praised Republicans’ efforts in Wisconsin while admitting that Democrats won the most votes in the state.From the Associated Press:.css-cumn2r{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}At the end of the day, this operation received more votes than any other Republican in Wisconsin history…Say what you want, our operation turned out Republican or DJT supporters. Democrats have got 20,000 more than us, out of Dane County and other shenanigans in Milwaukee, Green Bay and Dane. There’s a lot that people can learn from this campaign.Despite Iverson’s private comments that Republicans had lost Wisconsin in the 2020 US presidential election, Trump allies continued to spread the false claim that the election was stolen.A senior member of Trump’s reelection campaign said that campaigners were going to “fan the flame” and spread the false claim that Democrats were “trying to steal this election” in a leaked November 2020 audio clip, the Associated Press first reported.In the obtained audio recording, Andrew Iverson discussed the communications strategy for Trump’s reelection in Wisconsin, as Democrats outflanked Republicans in the region.At the time, Iverson led reelection efforts in Wisconsin, a key battleground state which Biden eventually won by over 20,000 votes in 2020.“Here’s the deal: comms is going to continue to fan the flame and get the word out about Democrats trying to steal this election. We’ll do whatever they need. Just be on standby if there’s any stunts we need to pull,” said Iverson.The audio was given to the Associated Press by a former Trump operative, who withheld their name fearing political and personal retaliation. The unnamed operative was motivated as Trump prepares for a third reelection campaign for the US presidency.Iverson, who is now the midwest regional director for the Republican National Committee (RNC), has deferred questions from the Associated Press to RNC spokesperson Keith Schipper.Schipper declined to comment, saying that he has not heard the audio.Good morning, US politics live blog readers.In a newly released audio recording from November 2020, a top member of Donald Trump’s re-election campaign noted that team members were going to “fan the flame” and spread word that Democrats were “trying to steal this election”, reported the Associated Press.The recording focuses on Andrew Iverson, who led the re-election campaign in Wisconsin and is now the midwest regional director for the Republican National Committee.In the audio clip, Iverson focused on the communication strategy for Trump’s reelection campaign in Wisconsin, as Democrats were outperforming Republicans in the vital battleground state.“Here’s the deal: comms is going to continue to fan the flame and get the word out about Democrats trying to steal this election. We’ll do whatever they need. Just be on standby if there’s any stunts we need to pull,” said Iverson.Here’s what else we can expect today:
      Joe Biden and Kamala Harris will travel to Philadelphia today to announced $500m that will be used to upgrade water pipes in the region. The two will also address the Democratic National Committee during its winter meeting.
      Jeff Zients is gearing up to begin his tenure as Biden’s new chief of staff, succeeding Ron Klain.
      Advocates and Black lawmakers have urged Biden to discuss police reform during his State of the Union address next week, as several high-profile police brutality incidents have occurred in recent months. More