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    Trump campaign sees boost after boost amid bad week for Biden

    For those campaigning to bring Donald Trump back to the White House, the past week has seen much to celebrate. For those concerned for the health of American democracy, it felt like a disaster.Joe Biden was hit by a brutal special counsel report that painted him as elderly with a failing memory, fans of Trump eager to see him on the 2024 ballot appeared set for victory at the US supreme court, and Trump’s only remaining serious challenger in the Republican primary race suffered humiliation at the polls.Trump could even draw satisfaction from Biden’s decision to turn down an hour on national television before Sunday’s Super Bowl, continuing a theme of Biden largely shunning one-on-one major press interviews.Biden said he wanted to save millions of people, about to enjoy one of the biggest spectacles in American sport, from a lengthy dose of politics even if plenty of other presidents before him have shown no such consideration.But few believed that was the real motive during a week in which, to Trump’s evident glee, Biden was officially and devastatingly painted as too old and forgetful to know if he was committing a crime.Biden’s decision to refuse the pre-Super Bowl interview had already been made before Robert Hur, the special counsel investigating his handling of classified documents while out of office, released a report clearing but damning the president.Hur put his finger on Biden’s open electoral wound when he described the president as a “well-meaning, elderly man with a poor memory” after a series of gaffs that have increasingly alarmed Americans who worry over the 81-year-old Biden’s health and age but also dread the prospect of 77-year-old Trump’s return to the White House with his raft of criminal prosecutions and two impeachments.But, increasingly, a Biden vs Trump rematch seems the inevitable choice for American voters come November. And with polls showing a close race – and often Trump ahead – Hur’s report was a huge win for Trump magnified on social media and trumpeted on Fox News and other rightwing media.View image in fullscreenThe former US president could not help himself from painting the decision not to prosecute Biden as further evidence of his own victimisation as he faces legal troubles from his own retention of classified documents. “I did nothing wrong, and I cooperated far more,” Trump claimed in a message to supporters.In fact, Biden was cleared in part because – unlike Trump – he immediately returned the classified documents found in his garage and cooperated with the special counsel.The special counsel in Trump’s case, Jack Smith, is prosecuting him not only for storing classified documents at his Mar-a-Lago residence but for making false statements, conspiracy to obstruct justice and hiding documents from investigators.But, despite those facts, the past week has undoubtedly been a good one for the Trump campaign and its quest to put Trump back in power, despite widespread fears that a second Trump term would see him undermine US democracy and is motivated mostly by a desire to stay out of jail.Trump heralded a series of other wins which also provided more fodder for his perpetual claim to be a victim of one conspiracy or another.At the US supreme court, justices – three of them appointed by Trump – appeared deeply sceptical of attempts by some states to keep Trump off the ballot in November under a constitutional amendment that bars candidates who, as former officials, participated in insurrection or rebellion. Colorado disqualified Trump for instigating the January 6 storming of Congress and riot by supporters who did not accept his defeat to Biden. The justices signaled that Colorado overstepped its authority and that it was for Congress to bar Trump if it wanted to.This gave Trump another opportunity to paint himself as the target of a conspiracy, calling attempts to remove him from the ballot “election interference by the Democrats”.Even as the court was hearing the case, Trump’s campaign blasted supporters with a fundraising email in his name: “THEY WANT TO ERASE YOUR RIGHT TO VOTE FOR ME!”.Trump could also take satisfaction in the humiliation of his last remaining rival in the Republican presidential race, Nikki Haley, who lost the Nevada primary when she was the only name on the ballot. Nearly twice as many people voted for “none of these candidates” as for Trump’s former ambassador to the UN. Trump wasn’t on the ballot because of a peculiarity of the Nevada process which saw him participating in a parallel caucus, which he won handily.For all that, the political earthquake of the week was Hur’s report given that 76% of voters already say Biden’s mental and physical health is a significant concern whereas only 48% have a similar worry about Trump even though he is just four years younger.skip past newsletter promotionafter newsletter promotionBiden’s lawyers wrote to the special counsel calling references to the president’s memory lapses “gratuitous” and “prejudicial and inflammatory”. Biden himself, at a press conference intended to prove his mental alertness, was incredulous at Hur’s claim that the president was unaware of the death of his own son: “How in the hell dare he raise that?”.The press conference might have gone a long way to offset the damage of the special counsel’s report had Biden not realised his campaign team’s fears at the end by referring to the Egyptian leader, Abdel Fatah al-Sisi, as the “president of Mexico”. It didn’t help that just days earlier Biden twice confused European leaders with long dead predecessors, muddling up President Emmanuel Macron of France with Francois Mitterrand and the former German chancellor Angela Merkel with Helmut Kohl.Trump made a similar gaff last month in confusing Haley with the former Democratic House speaker Nancy Pelosi. But such mistakes are not as damaging to him because the former president’s most ardent supporters evidently forgive him anything and his opponents have far worse criticisms.View image in fullscreenBiden could claim his own win from the political fiasco which saw Senate Republicans block a bill to address the growing migration crisis championed by their own leadership when Trump objected to the law because it might help resolve an issue that is electorally damaging to the president. That served as a reminder of the chaos Trump brings to politics that helped cost him the last election.But, for now at least, opinion polls show Trump continues to make ground against a president whose ratings have slumped ever lower in the wake of his handling of Israel’s latest war on Gaza and the surging migrant crisis. A Morning Consult poll on Thursday gave Trump a five-point lead over Biden nationally. Other polls put the race closer but for a candidate facing more than 90 criminal charges to still be in the running is, at least in part, a reflection of Biden’s weaknesses.An NBC News poll shows Trump significantly ahead of Biden on all the major issues, including the economy, the migrant crisis on the border and general competence.There is even better news for Trump in local polls which show him ahead in key swing states. They include Michigan where Biden’s campaign team has scrambled to quell the anger within the US’s largest Arab American population at the president’s largely unswerving support for Israel’s bombardment of Gaza. The Arab American vote in Michigan is larger than Biden’s majority in the state at the last election of about 154,000 votes.Even among the broader Democratic vote there is no great enthusiasm for the current president. The NBC poll showed that 62% of those planning to vote for him would do so principally as a means to keep Trump out of the White House.Democratic strategists see that as a strength not a weakness. The Biden campaign is focused on telling voters that they must reelect the president in order to save American democracy from a Trump second term.The president’s strategists are hoping that at least one of Trump’s looming criminal trials for his part in the January 6 insurrection and trying to overturn the 2020 election comes to court before November to remind voters of the threat from another Trump presidency.But all the while, they will be living in fear of Biden opening his mouth. More

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    Democratic party accuses RFK Jr campaign of colluding with Super Pac

    The Democrats’ national controlling committee complained on Friday that Robert F Kennedy Jr’s third-party presidential campaign and a fund supporting him are colluding against campaign rules to get the dynastic political candidate on election ballots.Kennedy and his Team Kennedy campaign are accused by the Democratic National Committee (DNC) of accepting $10m to $15m in in-kind contributions from American Values 2024, a political action committee – or Pac – that supports Kennedy.The DNC complaint alleges that the Super Pac is coordinating “its activity with Mr Kennedy and his campaign in a way that violates federal campaign finance laws”.Kennedy, who in November was polling higher, at 52%, in terms of voter favorability than Biden or Trump, is attempting to get on the ballot in at least 10 states.The pro-Kennedy American Values 2024 Pac is supported by Tim Mellon, a Donald Trump campaign donor who has pumped $15m into its coffers. Co-founder Tony Lyons told CBS News that the Democrats’ complaint “is just another desperate DNC tactic to defame Kennedy, vilify him and drain his campaign funds”.But in a press briefing on Friday, DNC legal counsel Robert Lenhard said that “rather than doing the hard work itself using money raised in compliance with the candidate contribution limits, the campaign is taking shortcuts”.Amaryllis Fox Kennedy, Kennedy’s campaign manager and daughter-in-law, told the outlet that the Democrats’ complaint “is a non-issue being raised by a partisan political entity that seems to be increasingly concerned with its own candidate and viability”.Fox Kennedy said the campaign had not received any signatures from the American Values Pac or any other Pac. The campaign had also avoided providing any information “that is not available to every volunteer and media outlet on our public website”, she added.The complaint was filed on the same day that Democrats began furious counterattacks on the justice department special counsel Robert Hur over parts of a report into highly sensitive government documents found in Joe Biden’s garage. The report described the president as “a sympathetic, well-meaning, elderly man with a poor memory”.DNC officials were asked whether they were concerned Kennedy, 70, might win the support of swing-state voters as Biden’s age (81) and mental acuity become significant re-election issues.skip past newsletter promotionafter newsletter promotionTrump, 77, has had a similar amount of public gaffes confusing the names of prominent political figures – and he has more than 90 criminal charges pending against him, including for trying to subvert the results of the 2020 election that he lost to Biden. But a notable NBC News poll published on Sunday found Trump holds the edge with voters on the issue of having the necessary mental and physical health to be president.DNC adviser Ramsey Reid said the party is “concerned that Donald Trump and his mega-donors are propping up RFK Jr”.Kennedy is the son of Robert F Kennedy, the former attorney general and US senator who was assassinated in 1968 as he ran for the Democratic presidential nomination. More

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    How to Steal a Presidential Election review: Trump and the peril to come

    The Trump veepstakes is under way. Senator JD Vance and Representative Elise Stefanik prostrate themselves. Both signal they would do what Mike Pence refused: upend democracy for the sake of their Caesar. The senator is a Yale Law School alum and former US marine. Stefanik is the fourth-ranking House Republican. He was once critical of the former president. She was skeptical. Not anymore.“Do I think there were problems in 2020? Yes, I do,” Vance recently told ABC. “If I had been vice-president, I would have told the states, like Pennsylvania, Georgia and so many others, that we needed to have multiple slates of electors … I think the US Congress should have fought over it from there.”Last month, Stefanik said: “We will see if this is a legal and valid election. What we saw in 2020 was unconstitutional circumventing of the constitution, not going through state legislators when it comes to changing election law.”From the supreme court down, the judiciary has repeatedly rejected that contention.As the November election looms, Lawrence Lessig and Matthew Seligman offer How to Steal a Presidential Election, a granular and disturbing examination of the vulnerabilities and pressure points in the way the US selects its president. Short version: plenty can go wrong.Lessig is a chaired professor at Harvard Law School. He views a second Trump term as calamitous. “He is a pathological liar, with clear authoritarian instincts,” Lessig writes. “His re-election would be worse than any political event in the history of America  –  save the decision of South Carolina to launch the civil war.”Seligman is a fellow at the Constitutional Law Center at Stanford, focused on disputed presidential elections. He too views Trump uncharitably.“Former president Trump and his allies attempted a legal coup in 2020 – a brazen attempt to manipulate the legal system to reverse the results of a free and fair election,” Seligman has said. “Despite all the attention on 6 January 2021 [the attack on Congress], our legal and political systems remain dangerously unprotected against a smarter and more sophisticated attempt in 2024.”The open question is whether forewarned is forearmed. On the page, Lessig and Seligman spell out seven roads to ruin, the “inverting” of an election to force a result that thwarts voters’ expressed intentions. The authors discount the capacity of a vice-president to unilaterally overturn an election result. But they warn of the potential for havoc at state level.As they see it, the danger of pledged but not legally bound electors being coerced to vote for Trump when the electoral college convenes is “significant”. They also hypothesize a state governor “interven[ing] to certify a slate of electors contrary to the apparent popular vote”. Another path to perdition includes making state legislatures the final judges of election results. There is also the “nuclear option”, according to the authors, which is stripping the right to vote from the voters.“A state legislature cancels its election before election day and chooses the state’s electors directly,” as Lessig and Seligman put it, a potential outcome they call a “very significant” possibility under the US constitution.“State legislators are free to deny their people a meaningful role in selecting our president, directly or indirectly,” they write. “Is there any legal argument that might prevent a legislature from formally taking the vote away from its people? We are skeptical.”To say US democracy is at risk is not to indulge in hyperbole. Trump’s infamous January 2021 call to Brad Raffensperger, the Georgia secretary of state, is a vivid reminder. “What I want to do is this. I just want to find, uh, 11,780 votes, which is one more than … we have, because we won the state.” Such words continue to haunt.In an episode that casts a similar pall, Trump and Ronna McDaniel, the Republican National Committee (RNC) chair, urged election officials in Michigan’s Wayne county to block the release of final results.“Do not sign it … we will get you attorneys,” McDaniel told the officials, regarding certification.“We’ll take care of that,” Trump said.Now, as he has for so many former enablers, Trump has taken care of McDaniel. She will shortly be gone from the RNC.Among Trump’s supporters, discontent with democracy is no secret. During the 2016 campaign, Paul LePage, then governor of Maine, thought Trump needed to show some “authoritarian power”. In 2019, Mike Johnson, then a Louisiana congressman, declared: “By the way, the United States is not a democracy. Do you know what a democracy is? Two wolves and a sheep deciding what’s for dinner. You don’t want to be in a democracy. Majority rule: not always a good thing.”Johnson is now House speaker. For good measure, he claims God told him “very clearly” to prepare to become “Moses”.“The Lord said step forward,” Johnson says.On the right, many openly muse about a second civil war.“We’ve already had one, so we know it’s within the realm of possibility,” James Pinkerton, a veteran of the White Houses of Ronald Reagan and George HW Bush, recently wrote in the American Conservative.“In fact, by one reckoning, the English speakers have had two other civil wars in the last four centuries, spaced out every hundred or so years. Is there some sort of deep cycle at work here? With, er, implications for our own troubled times?”The election won’t be pleasant. In late December, 31% of Republicans believed Joe Biden’s win in 2020 was legitimate. That was eight points lower than two years before. Trump’s criminal trials loom. Through that prism, Lessig and Seligman’s work serves as dire warning and public service.
    How to Steal a Presidential Election is published in the US by Yale University Press More

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    Larry Hogan launches Republican Senate bid after saying he lacks ‘burning desire to be a senator’

    Larry Hogan, the former Republican governor of Maryland who on Friday announced a surprise US Senate run, told an interviewer last year he did not “have a burning desire to be a senator”, would find sitting in the Senate “really frustrating”, thought being a senator was “not where my skill set lies”, and said that though he could win a seat, “the problem was I would win and I would have to go be a senator”.Hogan made the stark remarks, which may now come to haunt him, in an interview last May with Johanna Maska, host of the Press Advance podcast and a former White House aide to Barack Obama.Hogan left office in Maryland in January 2023 after two terms as governor. A popular moderate Republican in a deeply Democratic state, he was long linked to a presidential bid with No Labels, a centrist group considering a challenge to Joe Biden and Donald Trump, the likely GOP nominee.On Friday, however, Politico first reported that Hogan was jumping into the race to succeed Ben Cardin, a long-serving, retiring Democrat, in the US Senate.Releasing a video announcement, Hogan said: “I am running for the United States senate – not to serve one party – but to stand up to both parties, fight for Maryland, and fix our nation’s broken politics. It’s what I did as Maryland’s governor, and it’s exactly how I’ll serve Maryland in the Senate. Let’s get back to work.”He may have work to do to explain his comments to Maska.Asked about previous comments in which he said he wouldn’t run for the Senate, and if he could change his mind, Hogan said: “You know, I’ve said over and over again that number one, I just didn’t have a burning desire to be a senator.“You know, I love being governor. I’ve been running businesses my whole life. I’m more of an executive. I got to make decisions every day that [affected] people’s lives and you have a lot of ability to make a difference.“The Senate, not to say it’s not an important job, but you’re one of 100 and you’re, you know, arguing all day and making speeches in committees but very little ever seems to get done. And so I think just on a personal human level, I think it’d be really frustrating to be sitting in the Senate, I’m not sure it would motivate me, it’s not where my skill set lies, I don’t think.”Hogan’s decision to run for Senate came the same week Republicans in the chamber tanked their own border and immigration reform bill at the command of Trump.Hogan is a rare Republican critic of the former president. In his interview with Maska, he referred to widely reported attempts by the Senate GOP to recruit him as a prized moderate in a party which has seen a succession of extremists defeated in key states.“I get why they’re coming after me,” Hogan said. “We haven’t elected a Republican senator [in Maryland] since 1986 [when Charles Mathias retired] and in the last seat that opened up, two years ago [the Democrat] Chris Van Hollen, a Washington Post poll said I would have beaten him by 12 points.“You know … I left [the governor’s mansion] with the highest approval rating of any politician in state history and so I probably could win the seat. But … the problem was I would win and I would have to go be a senator.”The former governor did not immediately respond to a request for comment. The Maryland Republican party said it could not speak for Hogan. More

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    Biden ‘gets how he’s viewed’, White House spokeswoman says as she downplays president’s misspeaking – live

    White House press secretary Karine Jean-Pierre has defended to reporters Joe Biden’s fitness to serve and ability to remember details, after comments from special counsel Robert Hur and instances of the president mixing up the names of world leaders.“This is a president that … has had relationships with world leaders for more than 40 years,” Jean-Pierre said, after Biden yesterday evening mixed up the names of the presidents of Mexico and Egypt. “Has he misspoken, as many of us [have]?”She also said Biden, 81, understands that voters are aware of his advanced age.“He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know,” Jean-Pierre said, referring to reports that former Republican House speaker Kevin McCarthy considered the president a sharp negotiator.Democrats and Joe Biden’s administration spent the day downplaying and dismissing concerns about the president’s age raised in a report by special counsel Robert Hur, which found that Biden had willfully retained classified documents – but shouldn’t be charged, in part given that a jury could find him too old and doddering to be culpable. Here’s what happened at a glance:
    White House press secretary Karine Jean-Pierre has defended Joe Biden’s fitness to serve and ability to remember details. She said: “This is a president that … has had relationships with world leaders for more than 40 years,” after Biden yesterday evening mixed up the names of the presidents of Mexico and Egypt. “Has he misspoken, as many of us [have]?” She added: “He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know.”
    Ian Sams, the White House spokesman for investigations, blamed Republicans’ attacks on prosecutors for the special counsel’s report. He noted that Hur’s comments came after months of attacks on the justice department and prosecutors elsewhere by the GOP. He said: “For the past few years, Republicans in Congress and elsewhere have been attacking prosecutors who aren’t doing what Republicans want politically. … That reality creates a ton of pressure.”
    Former Obama adviser Dan Pfeiffer called the report a “partisan hit job.” “I fear – and I hope I am wrong – that unlike most of the marginalia that excites political junkies, the Special Counsel’s descriptions of Biden will break through to the public at large,” wrote Pfeiffer in his newsletter.
    Vice President Kamala Harris weighed in, too, saying the special counsel’s comments were “politically motivated” and blasting Hur’s comments as “gratuitous, inaccurate and inappropriate.”
    The spectacle is playing out in the states, too: Wisconsin Democrats joined in to defend the president, brushing aside concerns about Biden’s memory and instead praising his policy record. “Everyone knows we have two older Americans running for president,” congressman Mark Pocan told the Milwaukee Journal Sentinel. “The difference is one has accomplished much with that life experience and got things done for the American people.”
    On a call with reporters, immigration advocates warned that the rhetoric coming from Donald Trump and Republicans was putting their communities at risk, writes the Guardian’s Lauren Gambino.“The toxicity that has been injected in this debate is fanning the flames of division and doing that has consequences,” said Clarissa Martinez de Castro, Vice President of the Latino Vote Initiative, UnidosUS. “The consequences of this rhetoric are not an intellectual exercise. They actually have a death toll associated with them.” Vanessa Cárdenas, executive director of America’s Voice, accused Republicans of “mainstreaming the dangerous talk of ‘invasion’ and ‘Great Replacement theory’”, and noted that just days ago federal agents arrested a Tennessee militia man who allegedly planning an attack on border agents over fears that the border was being “invaded”.“They have a very dangerous and divisive narrative that really is inciting people to violence,” she said, adding: “They clearly have not learned a lesson from El Paso, Buffalo and Pittsburgh.”Cárdenas said it was “problematic” that Biden had adopted some of the right’s language around shutting down the border.“When he sort of uses the same language as the GOP, that is extremely divisive and not helpful,” she said.“I do think it’s important for him to say that we have to have a functional system,” she continued. “But it is very worrisome when he starts saying things like, ‘we have to close the border.’ I think that’s hugely damaging. Our hope is that he really forcefully speaks about the contributions of immigrants.”The New York congresswoman Elise Stefanik said in a CNN interview Thursday evening that she “would not have done what Mike Pence did,” on January 6, 2021, implying she would have declined to certify the presidential electoral votes.Stefanik’s comments come as the congresswoman, who has risen as a star in the MAGA wing of the Republican Party, vies to be Donald Trump’s running mate in 2024. She previously declined to commit to certify the 2024 presidential election votes, saying she would do so “if this is a legal and valid election.”Other rightwing Republicans, including Ohio senator JD Vance and Montana congressman Matt Rosendale, have also doubled down on election denialism in recent days. In a video launching his campaign for a seat in the US senate today, Rosendale bragged that he had “voted in support of President Trump’s agenda every single time.”“On January the 6th 2021, I stood with President Trump and voted against the electors,” Rosendale declared.Wisconsin Democratic lawmakers defended Joe Biden in conversations with the Milwaukee Journal Sentinel, downplaying concerns about the president’s memory raised in a report by special counsel Robert Hur.Democratic senator Tammy Baldwin instead emphasized Biden’s policy record, saying Biden has “shown time and again that he fights for Wisconsin’s working families and has a strong record of creating good-paying jobs, rebuilding our infrastructure, and lowering prescription drug prices.” Similarly, Democratic congressman Mark Pocan stated that Biden “got things done for the American people,” while Donald Trump “has used hate to try to divide this nation and in a way unseen before.”Hur, who investigated Biden’s handling of classified documents and concluded the president had willfully retained national security information, recommended against bringing charges against the president, saying Biden would come across to a jury as a “well-meaning, elderly man with a poor memory”.A Wednesday poll by Marquette University Law School found Trump and Biden in a dead heat in Wisconsin, with each carrying the support of 49% of registered voters.The White House is fighting back against special counsel Robert Hur’s comments that Joe Biden struggled to remember details of his life and career in an interview for his investigation into his possession of classified documents. Kamala Harris accused Hur, who said Biden should not face charges, of being “politically motivated”, while spokesman Ian Sams blamed Republican attacks on the justice department for putting pressure on the special counsel. He also noted that the White House was considering releasing the transcript of Biden’s interview, but has not decided yet.Here’s what else has happened today:
    The contest for the Senate got spicier, when relatively popular Republican Larry Hogan jumped into the contest for deep-blue Maryland’s open seat, and Matt Rosendale filed to unseat Democrat Jon Tester in red state Montana, despite losing to him in 2018.
    John Cornyn, an influential Republican senator, said he would support legislation to fund Israel and Ukraine’s military, even if it does not include strict immigration provisions.
    ‘I’m an elderly man and I know what the hell I’m doing’, Biden told reporters in a surprise speech yesterday evening, after Hur’s report was released.
    White House press secretary Karine Jean-Pierre has defended to reporters Joe Biden’s fitness to serve and ability to remember details, after comments from special counsel Robert Hur and instances of the president mixing up the names of world leaders.“This is a president that … has had relationships with world leaders for more than 40 years,” Jean-Pierre said, after Biden yesterday evening mixed up the names of the presidents of Mexico and Egypt. “Has he misspoken, as many of us [have]?”She also said Biden, 81, understands that voters are aware of his advanced age.“He gets it. He gets how he’s viewed. He gets what people see and what’s written about him and what the American people also see. But there are other things to know,” Jean-Pierre said, referring to reports that former Republican House speaker Kevin McCarthy considered the president a sharp negotiator.Before he departed the podium, Ian Sams shared an unpublished detail of the report that he indicated supports Joe Biden’s argument that he was distracted when he spoke to the special counsel Robert Hur.“What’s interesting about this, and this is oddly not in the report … at the beginning of his interview, the special counsel told the president: ‘I understand that you’re dealing with a lot of things right now, and I’m going to be asking you questions about stuff from a long time ago. I want you to try to recall to the best of your abilities.’ You know, things of that nature,” Sams said.“That’s often what prosecutors would tell witnesses. So, you know, he understood that but the president was going to commit to being cooperative. He talked about this last night. He wanted to make sure he had everything he needed, and he didn’t want to throw up roadblocks.”The White House spokesman Ian Sams noted his disagreement with the special counsel Robert Hur’s description’s of Joe Biden’s ability to recall details.“I dispute that the characterizations about his memory in the report are accurate, because they’re not. And I think the president spoke very clearly about how his mind was on other things. I mean, he was dealing with a huge international crisis of great global consequence,” Sams said, referencing Biden’s argument that he was preoccupied with the fallout from Hamas’s 7 October attack on Israel.Sams also described interviews by prosecutors as uniquely intense experiences:
    I think there’s something important that people should remember about the way that, sort of, interviews like this happen. God forbid, you know, one of you guys ever have to get interviewed by a prosecutor … Witnesses are told, as I mentioned, by special counsel to do the best they can to recall or remember things, and they’re not supposed to speculate. They want facts. They want facts and evidence. And so, you know, I think probably in almost every prosecutorial interview, you can imagine that people have said that they don’t recall things because that’s what they’re instructed to do. So I think that’s just important context.
    Joe Biden plans to appoint a taskforce to review how classified documents are handled during transitions between presidential administrations, White House spokesman Ian Sams said.The subtext here is that Biden was not alone in possessing classified materials that he should not have. Mike Pence, a fellow former vice-president, also left the White House with government secrets, and was cleared of potential charges last year.Donald Trump is, of course, facing criminal charges for not only taking classified documents but also hiding them from investigators.Here’s what Sams had to say about what this new taskforce will do:
    We had the issue with President Biden. Immediately after that, we had the issue with Vice-President Pence. And I think it’s important to understand that this is a common occurrence, and the president thinks that we should fix it. Like, he gave all these documents back, he knew … that the government should be in possession of these documents.
    And so, what we’re going to do is the president’s gonna appoint a taskforce to review how transitions look at classified material to ensure that there are better processes in place so that when, you know, staffs around the building are roughly packing up boxes to try to get out during a transition as quickly as possible, at the same time … they’re still governing and doing matters of state. They’re going to try to make recommendations that that can be fixed, and he’s going to appoint a senior government leader to do that. We’ll have more on that soon.
    White House spokesman Ian Sams also indicated that it’s possible transcripts of Joe Biden’s interviews with special counsel Robert Hur’s team could be released.The transcripts could shine some light on some of the more jarring comments about the president’s memory Hur made in his report, such as that he could not recall the years he was vice-president, or when his son, Beau Biden, died.“I don’t have any announcement on, you know, releasing anything today, but it’s a reasonable question and there are classified stuff and we’ll have to work through,” Sams said, when asked about the possibility of the transcripts’ release.“We’ll take a look at that and make a determination,” he replied, when a reporter pressed him further.Ian Sams, the White House spokesman for investigations, noted that Republican special counsel Robert Hur’s comments about Joe Biden’s memory and age came after months of attacks on the justice department and prosecutors elsewhere by the GOP:
    We also need to talk about the environment that we are in. For the past few years, Republicans in Congress and elsewhere have been attacking prosecutors who aren’t doing what Republicans want politically. They have made up claims of a two-tiered system of justice between Republicans and Democrats. They have denigrated the rule of law for political purposes. That reality creates a ton of pressure and in that pressurized political environment, when the inevitable conclusion is that the facts and the evidence don’t support any charges, you’re left to wonder why this report spends time making gratuitous and inappropriate criticisms of the president.
    The White House press briefing has started, and spokesman Ian Sams is at the podium.He is reiterated that special counsel Robert Hur cleared Joe Biden of wrongdoing, and underscored that the president cooperated with his investigation. Thus far, Sams has refrained from condemning Hur’s conduct, as Kamala Harris and others have done.The Biden administration’s counterattack to special counsel Robert Hur’s comments about the president’s age and memory will continue in a few minutes, when the White House press briefing begins.Press secretary Karine Jean-Pierre will be joined by Ian Sams, the White House spokesman who handles investigations of the president.We’ll cover what he has to say, and what reporters have to say to him, live here.Kamala Harris has condemned special counsel Robert Hur’s comments about Joe Biden’s age and memory as “gratuitous, inaccurate and inappropriate”, and noted that the president’s interview was conducted in the “intense” aftermath of the 7 October terrorist attack in Israel.The vice-president’s comments were a strong denunciation of the language used by Hur, a Republican former US attorney appointed by attorney general Merrick Garland to investigate the discovery of classified documents at Biden’s personal residences. Hur determined no charges were warranted, but repeatedly noted that Biden could not remember aspects of his life and career in their interview.Here are Harris’s full remarks:Pennsylvania’s Democratic senator John Fetterman said he believes Joe Biden is still up to the job as president, and criticized comments about his memory made by special counsel Robert Hur.“The president was very clear in that he is absolutely in full control,” Fetterman said, before turning to Hur’s lengthy report into the classified documents found in Biden’s possession that noted he could not remember some details of his life and career.“That’s 350 pages to just say that Joe Biden isn’t going to be indicted here. It was just a smear job and cheap shots and just taking things out of context, or even just inventing any of them too,” Fetterman said.There have been a couple of interesting developments today in the contest to determine whether Democrats can maintain their slim hold on the Senate in November’s election.Popular former Republican governor Larry Hogan jumped into the race for Maryland’s open seat. While his election would be an upset in a state Joe Biden won with 65% of the vote in 2020, Hogan has proven his ability to win statewide elections in Maryland before, and his candidacy will probably force Democrats to spend money there that they otherwise could have used elsewhere. Here are some thoughts on Hogan’s candidacy, from University of Virginia analyst Kyle Kondik:Democrats received slightly better news in Montana, a red state where the party is fighting to get senator Jon Tester elected again. Republican congressman Matt Rosendale today made his much-expected bid for Congress’s upper chamber official – but the GOP isn’t particularly happy about it, since Tester beat Rosendale in 2018.Steve Daines, Montana’s junior senator and the head of the National Republican Senatorial Committee, had this to say about Rosendale’s entry:
    It’s unfortunate that rather than building seniority for our great state in the House, Matt is choosing to abandon his seat and create a divisive primary. Tim Sheehy has my full support because he is the best candidate to take on Jon Tester. Whichever party wins the Montana Senate seat will control the United States Senate in 2024, and Republicans cannot risk nominating a candidate who gave Jon Tester the biggest victory of his career. More

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    ‘Two men three years apart’: Democrats highlight Trump’s mental lapses after Biden report

    The special counsel Robert Hur’s contention that Joe Biden suffers from memory problems caused by advanced age prompted delight among the president’s Republican opponents – and pushback from Democrats pointing out how often Donald Trump has his own lapses, and how dangerous they are to the country.Speaking on MSNBC amid shockwaves from the release of Hur’s report on Biden’s retention of classified information after his time as a senator and as vice-president, Jen Psaki, Biden’s first White House press secretary, emphasised: “The choice in all likelihood here is going to be between two men who are three years apart.”Already the oldest president ever, Biden is 81 and would be 86 at the end of a second term. Trump, the probable Republican presidential nominee this year, will turn 78 in June.Biden’s gaffes – including calling the president of Egypt the president of Mexico in the same Thursday remarks in which he angrily attacked Hur – are relentlessly scrutinised.To some extent, so are those of Trump – who recently confused Viktor Orbán, prime minister of Hungary, with Recep Tayyip Erdoğan, president of Turkey. He also confused Nikki Haley, his last remaining rival for the Republican nomination, with Nancy Pelosi, the Democratic House speaker when Trump sent a mob to attack Congress on 6 January 2021.But despite Trump’s frequent mistakes, polling has consistently shown that more Americans think Biden is too old than think the same about Trump.This week, before the release of Hur’s report, the progressive political strategist Rachel Bitecofer said: “Polling data consistently shows that its Biden, not Trump, voters perceive as having mental decline. No, REALLY. The reason is, Republicans have been pounding that false narrative hard since 2020 using [Biden’s] stuttering clips. We need CONSTANT coverage of Trump’s decline across all media outlets to fix that.”On Thursday, Psaki said Biden and Trump “are both older than I would think a lot of people in the public would like … [but] the choice is ultimately going to be between somebody who – in the Biden campaign, this is what they’ll argue – was guilty of trying to overturn the election, overturn the will of voters, and somebody who was not. And they’re three years apart.“People have concern about age, have concern about whether Biden’s up to the job … There is an element of that that has existed for years, and some of it was pushed by the right wing effectively … despite the fact that Trump is only a little bit younger.”The Biden campaign, Psaki added, “need[s] to figure out ways to address that, including having him out in the country, having him out on the trail”.Psaki’s host, Katy Tur, responded: “I covered Donald Trump really closely [in 2016] and when I see him now, he is a lot different than he was eight years ago. He is not the same candidate that he was.”That seems evident to most observers – and the issue has not been absent from the Republican primary.skip past newsletter promotionafter newsletter promotionHaley, who made a call for age limits for public office a central plank of her campaign, has said Trump is “just not at the same level” as he was while president.“Are we really gonna go into a situation where we have wars around the world and we’re trying to prevent war, and we’re gonna have someone who we can or can’t be sure that they’re gonna get confused?” the 51-year-old former South Carolina governor and UN ambassador told CBS last month.At a New Hampshire rally, she added: “Do we really want to go into an election with two fellas that are gonna be president in their 80s? And that’s not ageism that I’m saying here … when you’re dealing with the pressures of a presidency, we can’t have someone else that we question whether they’re mentally fit to do this.”Trump himself has addressed the subject – if by inviting widespread mockery with boasts about acing basic cognitive tests while in the White House.In New Hampshire last month, Trump told supporters: “I think it was 35, 30 questions. They always show you the first one, like a giraffe, a tiger, or this, or that – a whale. ‘Which one is the whale?’ OK. And that goes on for three or four [questions] and then it gets harder and harder and harder.”The Canadian creator of the test in question, the Montreal Cognitive Assessment, told the Washington Post it had never included a drawing of a whale.For the Biden campaign, and for Democrats in general, the challenge now is to get more Americans to read such stories. More

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    Democrats work on damage control after Biden’s fiery surprise speech

    Democrats and their allies were shaping a damage control response on Friday to a hastily organized White House press call the night before that appeared to fall short in its mission to reassure voters about Joe Biden’s mental acuity after it was harshly questioned in a prosecutor’s report about his having kept classified documents at the end of his vice-presidency.Biden already said that his interview with the special counsel Robert Hur last October – in which he was reported to have forgotten the year his son Beau died and precisely when he had been vice-president – came in the days straight after Hamas attacked southern Israel, when Biden was preoccupied with the US response.Hur’s report concluded on Thursday that Biden would not face criminal charges in the case, despite “willfully” retaining and disclosing classified material, which he would not be open to as a sitting president anyway but also would not be warranted even if he was no longer president.But Hur then went on to describe at length how he found the US president’s memory to be failing, prompting anger from Biden and, in the following hours and into Friday, Democrats and aides to come to his defense.“The way that the president’s demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated,” Kamala Harris told MSNBC on Friday.The vice-president slammed claims of Biden’s failing mental acuity made in the 388-pages report as “gratuitous, inaccurate and inappropriate”.Earlier, Democratic Senator Tammy Baldwin from the crucial swing state of Wisconsin addressed the conclusions by special counsel Robert Hur that the 81-year-old president’s recall was “significantly limited”, and that Hur would not bring charges over classified documents in part because jurors would see the US president not as a willful criminal but as a “well-meaning, elderly man with a poor memory”.“I judge a president on what they’ve done and whose side they’re on,” Baldwin told the Milwaukee Journal Sentinel. She pointed to Biden’s “strong record of creating good-paying jobs, rebuilding our infrastructure, and lowering prescription drug prices”.Tommy Vietor, a former Obama administration staffer, wrote on X that the prosecutor’s comments were “just a rightwing hit job from within Biden’s own DOJ. Wild.”On MSNBC, which often previews the Democratic party line, the host Joe Scarborough addressed the conclusions by the special counsel that the president’s recall was “significantly limited” and he would not bring charges over classified documents in part because jurors would see Biden as a “well-meaning, elderly man with a poor memory”, not a criminal.“So bizarre,” Scarborough said. “Why in the world would [Hur] put his neurological assessment of Joe Biden in his report, and why would [US attorney general] Merrick Garland release garbage like that in a justice department report?”Dan Goldman, the Democratic congressman from New York, told the station that he did not have “any concerns” about Biden’s age or ability. “Remember, the job of the president is to guide our country. It is not to be a cheerleader for the United States. It is to govern our country,” he said.Referring to missing Hillary Clinton emails that became an issue on the eve of the 2016 election, Scarborough added: “It sure sounds like James Comey in 2016 when he couldn’t indict Hillary Clinton legally so he indicted her politically.”Vietor echoed that line, claiming Hur had “clearly decided to go down the Jim Comey path of filling his report absolving Biden of criminal activity with ad hominem attacks”.The long-shot Democratic primary challenger Dean Phillips, who is campaigning against Biden, said Hur’s report had “all but handed the 2024 election to Donald Trump”.skip past newsletter promotionafter newsletter promotion“The report simply affirms what most Americans already know, that the President cannot continue to serve as our Commander-in-Chief beyond his term ending January 20, 2025,” Phillips said in a statement.Behind closed doors, some Democrats expressed mounting concerns about a re-election narrative that focuses on Biden’s age. “It’s a nightmare,” a Democratic House member reportedly told NBC News. “It weakens President Biden electorally, and Donald Trump would be a disaster and an authoritarian.”“For Democrats, we’re in a grim situation,” the anonymous source reportedly added.Biden hit back at Hur’s characterization of his mental condition during a surprise press conference at the White House on Thursday evening. The president maintained that his memory was “just fine” and in a tense exchange said “I know what the hell I’m doing” and that remarks about his memory had “no place in this report”.“My memory is fine,” Biden said. “Take a look at what I’ve done since I’ve become president.”“For any extraneous commentary, they don’t know what they’re talking about,” he added. “It has no place in this report.”At the end of the interview, he referred to Egypt’s president, Abdel Fattah el-Sisi, as the “president of Mexico” in a response to a reporter’s query about the current situation in the Middle East. The error came after two other public gaffes this week in which Biden claimed to have spoken recently with two long-dead European leaders, Germany’s Helmut Kohl and France’s François Mitterrand.Polling has consistently shown that concerns about Biden’s age are seen as his greatest political liability in a rematch with Donald Trump.A poll by NBC News last month found that 76% of voters had major or moderate concerns when asked whether Biden has “the necessary mental and physical health to be president for a second term”. Asked the same question about the 77-year-old Trump, 48% said they had major or moderate concerns. More

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    Steve Bannon hawks disinformation to support Trump as legal troubles mount

    The far-right strategist and Donald Trump loyalist Steve Bannon is again playing an influential role in the propaganda circles around the former US president as he bids to return to the White House, even as Bannon faces a barrage of legal problems.The conspiratorial Bannon, who spearheaded part of Trump’s 2016 presidential campaign and served as chief White House strategist in the first half of 2017, is waiting to see if a federal appeals court overturns his obstruction of Congress conviction. He also faces other legal problems from New York fraud charges, former lawyers and potentially other fronts.But at the same time he is pushing a tidal wave of election disinformation on his War Room podcast to help Trump win the presidency again and promote a Maga-heavy policy agenda as Trump and his allies plot out authoritarian-style plans for a second presidency.Ex-justice department prosecutors, Democrats and Republicans say Bannon’s odds of winning his obstruction of Congress appeal are long, and foresee more legal headaches ahead for the pugnacious Make America Great Again guru, while analysts warn that by spreading election falsehoods and other misinformation he endangers democracy.At present, the biggest legal threat confronting Bannon is his two-count federal conviction and a four-month jail sentence for defying a House panel subpoena for documents and testimony concerning the January 6 insurrection and Trump’s efforts to overturn the election results.Last fall, Bannon appealed his contempt of Congress conviction for refusing the House subpoena, citing executive privilege and advice from a lawyer, even though he had long left the administration and the matters covered by the subpoena.Separately, Bannon is slated to be tried in May on New York charges of fraud and money laundering involving his key role in a private “We Build the Wall” Mexico venture that bilked thousands of investors out of about $25m, a scheme in which three Bannon associates have been convicted.Bannon last month sought to dismiss the charges, which alleged in part that $1m of the funds were improperly diverted to Bannon and a top associate, but Manhattan prosecutors wrote in a court filing that his argument “bears little resemblance to reality”.The charges by the Manhattan district attorney against Bannon, an alleged architect of the scheme to raise private funds for Trump’s abortive Mexico wall, mirror earlier ones from federal prosecutors against Bannon that Trump pardoned him for the night before leaving office.Experts say more legal scrutiny of Bannon could come on other fronts. The exiled Chinese billionaire Guo Wengui, a Bannon ally and benefactor who last year was charged by federal prosecutors in a billion-dollar fraud case, was charged again in January for running a “criminal enterprise” that bilked Chinese American dissidents out of tens of millions of dollars.Guo allegedly promoted a cryptocurrency scam, propaganda and other businesses, plus financing a lavish lifestyle including purchasing a yacht, on which Bannon in 2020 was arrested on the federal Mexico wall project charges.Among the businesses linked to Guo in the superseding indictment was the conservative social media platform Gettr, which he helped finance and launch in 2021 and which Bannon’s War Room has profited from. Guo is slated to be tried in April.Bannon’s War Room podcast has reaped tens of thousands of dollars a month in ads from Gettr, according to a source familiar with its operations and news reports.War Room, which regularly hosts staunch Trump allies such as the congresswoman Elise Stefanik and the My Pillow CEO, Mike Lindell, last year was named the top promoter among political podcasts of misinformation about elections, Covid-19 and other issues, according to a Brookings Institution study.Unfazed, Bannon told the New York Times his top ranking was a “badge of honor … What they call disinformation or misinformation we consider the truth.”A key figure in promoting the January 6 Save America rally, Bannon proved prescient shortly before the insurrection on his War Room podcast when he said “all hell is going to break loose tomorrow”.Former justice department prosecutors and members of both parties say Bannon’s legal woes are mounting.“Like former president Donald Trump, Steve Bannon’s sketchy business and political activities seem to be a magnet for criminal prosecutions and investigations,” said Paul Pelletier, an ex-acting chief of the Department of Justice’s fraud section.“With his criminal ‘Build the Wall’ fraud trial looming and his criminal contempt of Congress long-shot appeal pending, it appears Bannon’s penchant for associating with and profiting from unsavory characters and his own schemes will keep him busy fending off financial fraud investigations for the foreseeable future.“Bannon’s business and financial ties with Guo should certainly attract rigorous scrutiny,” he added.View image in fullscreenOther justice department alumni concur Bannon faces big legal headaches.“Bannon is nothing more than a garden variety fraudster,” said the ex-federal prosecutor Paul Rosenzweig. “He had the benefit of a patron in the White House who rewarded his loyalty and protected him.” But with Trump gone, “he is now going to pay the price.“His appeal will not succeed and his criminal trial in New York will result in conviction. Only a Trump victory in November can save him from the federal [obstruction] case and even that won’t suffice to save him in New York.”Bannon has pleaded not guilty to the various criminal charges he faces, and his attorney Harlan Protass did not respond to calls for comment.Still, the ex-Republican congressman Charlie Dent noted: “It’s absurd and nonsensical for Bannon to think he was protected by executive privilege for events that occurred when he was not a White House employee.”The Democratic congressman Jamie Raskin, a key member of the House panel that investigated the January 6 insurrection and Trump’s role in it, said: “Bannon seems to have been deeply enmeshed in the planning of the disruption of the peaceful transfer of power and the seizing of the presidency for Donald Trump.”Raskin noted: “Bannon is the intellectual ringleader of the Maga circus … In fact, he fancies himself not just the philosopher of white Christian nationalism in our country but the political strategist for allied autocrats and theocrats all over the world.”In that role, Bannon’s War Room podcast has loomed large, making him an influential figure in promoting Trump and Maga world views including falsehoods about the 2020 election and Covid-19.Bannon’s personal account shows he has nearly 7 million followers and on Gettr, where War Room is one of the most popular shows, more than 800,000 followers.Bannon’s close Gettr ties are underscored by his frequent mention of the platform on War Room. Valerie Wirtschafter, a Brookings fellow in emerging technologies and AI who led its podcast research, said that Gettr was referenced, often multiple times, in more than 60% of more than 1,000 episodes reviewed.Trump allies who were on War Room multiple times last year included Stefanik, Lindell and the ex-justice department assistant attorney general Jeff Clark, with whom Trump plotted to promote fake electors in several states that Biden won.Bannon has touted Clark, an unindicted co-conspirator in the special counsel Jack Smith’s four-count indictment of Trump over his attempts to subvert the election results, as attorney general if the former president wins another term. Clark was also indicted along with Trump and 17 others by the Fulton county district attorney, Fani Willis, for trying to overturn Joe Biden’s win in Georgia.“Bannon’s War Room stands out – with claims about votes being switched by Dominion machines to Sharpies being used to disenfranchise voters to the Covid-19 virus being a plot to deny Trump a second term, among many, many others,” Wirtschafter said.While Bannon’s War Room keeps pushing Maga misinformation, the bombastic strategist faces other financial and legal woes.Robert Costello, a former Bannon lawyer who played a key role in Trump’s pardon of the strategist, filed a claim against him last year for $480,000 in monies owed. Costello and his firm won a summary judgment from New York’s supreme court to obtain payment, but Bannon, with Protass’s help, is fighting the ruling.Interestingly, Protass in a court filing last month wrote that an effort by Costello’s firm to access Bannon’s bank account and depose him “poses a significant risk of compromising” his fifth amendment right against self-incrimination with fraud charges against him pending in New York.Regarding Bannon’s upcoming Mexico wall fraud trial, Raskin said: “Given that three associates of Bannon have been convicted of the conduct charged in these events, it has to be a serious threat to Bannon too.”Bannon’s multiple legal problems do not surprise Raskin. “He has adopted the persona of bad boy lawlessness. Like Trump, Bannon considers himself way beyond the reach of the law.” More