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      Kavanaugh will ‘step up’ to keep Trump on ballots, ex-president’s lawyer says

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      Brett Kavanaugh, the US supreme court justice, will “step up” for Donald Trump and help defeat attempts to remove the former president from the ballot in Colorado and Maine for inciting an insurrection, a Trump lawyer said.“I think it should be a slam dunk in the supreme court,” Alina Habba told Fox News on Thursday night. “I have faith in them.“You know, people like Kavanaugh, who the president fought for, who the president went through hell to get into place, he’ll step up. Those people will step up. Not because they’re pro-Trump but because they’re pro-law, because they’re pro-fairness. And the law on this is very clear.”Kavanaugh was the second of three justices appointed by Trump, creating a 6-3 rightwing majority that has delivered major Republican victories including removing the federal right to abortion and loosening gun control laws.Habba’s reference to Trump “going through hell” was to a stormy confirmation during which Kavanaugh was accused of sexual assault, which he angrily denied. Trump reportedly wavered on Kavanaugh, only for senior Republicans to persuade him to stay strong.Observers were quick to notice Habba’s apparent invitation to corruption.Michael Kagan, a law professor at the University of Nevada, Las Vegas, said: “Legal ethics alert. If … Kavanaugh feels in any way that he owes Trump and will ‘step up’, then [Habba] should be sanctioned by the bar for saying this on TV and thus trying to prejudice a proceeding.”Last month, the Colorado supreme court and the Maine secretary of state ruled that Trump should be removed from the ballot under the 14th amendment to the US constitution, passed after the civil war to stop insurrectionists holding office.Trump incited the deadly January 6 attack on Congress in 2021, an attempt to stop certification of his defeat by Joe Biden. Impeached but acquitted, he is now the frontrunner for the Republican presidential nomination this year.Trump has appealed both state rulings. In a supreme court filing in the Colorado case, lawyers argued that only Congress could resolve such a dispute and that the presidency was not an office of state as defined in the 14th amendment.The relevant text does not mention the presidency or vice-presidency. ABC News has reported exchanges in debate in 1866 in which those positions are covered.The supreme court has not yet said if it will consider the matter.Norm Eisen, a White House ethics tsar turned CNN legal analyst, said: “It’s likely … the supreme court will move to resolve this. They may do it quickly. They may not do it quickly because by filing this petition … Trump has stayed the Colorado proceedings. So at the moment he remains on the ballot. The supreme court does have to speak to it.”Habba said:“[Trump] has not been charged with insurrection. He has not been prosecuted for it. He has not been found guilty of it.”She then made her prediction about Kavanaugh and other justices “stepping up”. More

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      US ‘won’t survive’ four more years of Trump ‘chaos’, Nikki Haley says

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      The re-election of Donald Trump would bring “four more years of chaos” the US “won’t survive”, the former president’s closest challenger for the Republican nomination, Nikki Haley, told an Iowa audience, turning her fire on the frontrunner as the first vote of the 2024 primary looms.The former South Carolina governor has caught up with Ron DeSantis, the hard-right governor of Florida, in the battle for second place in Republican presidential polling. The gap between Haley and Trump is also closing, particularly in New Hampshire, the second state to vote when it holds its primary on 23 January.Trump faces a slate of criminal and civil trials as well as attempts to keep him off the ballot, for inciting the 6 January 2021 insurrection.Nonetheless, he remains formidably popular with the Republican base and Haley, who as UN ambassador under Trump was often touted as a potential vice-president, must perform a balancing act on the campaign trail.In Iowa, she said Trump had been “the right president at the right time”. But she added: “The reality is, rightly or wrongly, chaos follows him, and we all know that’s true … and we can’t have a country in disarray and a world on fire and go through four more years of chaos. We won’t survive it.”Saying she used to tell Trump he was “his own worst enemy”, Haley added: “We have a country to save, and that means no more drama. No more taking things personally.”Haley was speaking in Des Moines, as CNN hosted town hall events for her and DeSantis, rivals who will also meet on the debate stage next week, as Trump continues to avoid such traditional forums. DeSantis also used his airtime to attack Trump, but Haley is widely seen to have acquired greater momentum and therefore attracted greater attention.A confident performer and stump speaker, she is not immune to gaffes. On stage at Grand View University, she addressed her controversial failure last week in New Hampshire to say slavery caused the civil war.Saying she “had Black friends growing up”, and that slavery was “a very talked-about thing” in her state (the first to secede in 1860, its declaration of secession citing slavery as the cause), Haley said: “I shouldn’t have done that. I should have said slavery. But in my mind that’s a given, that everybody associates the civil war with slavery.”She was also forced to deal with a remark in New Hampshire only the day before, when she appeared to dismiss the importance of Iowa, telling voters: “You know how to do this. You know Iowa starts it. You know that you correct it.”DeSantis is Trump’s closest challenger in Iowa, Haley closest in New Hampshire. In Iowa, Haley claimed she had been joking.“You are going to see me fight until the very end, on the last day in Iowa,” she said. “And I’m not playing in one state. I’m fighting in every state. Because I think everybody’s worth fighting for.”Trump’s campaign has switched to a fighting stance, airing its first attack ad against Haley in New Hampshire this week, portraying her as soft on immigration.That offensive coincided with Haley securing the endorsement of Don Bolduc, a far-right former special forces general who ran for US Senate with Trump’s backing but now says: “With Trump, there’s too many distractions. There’s too much risk of losing.”Still, any Trump opponent faces an uphill fight: Haley’s state, South Carolina, will vote in February and she trails Trump there by about 30 points. There are also other candidates still in the race.On Thursday, the former New Jersey governor Chris Christie, the only explicitly anti-Trump candidate, pinning his hopes on New Hampshire, angrily rejected calls to drop out and throw his weight behind Haley.“The fact is that I’m running for president of the United States and no one’s voted yet,” Christie told Hugh Hewitt, a rightwing radio host, in an interview that started awkwardly and went downhill from there. “And I don’t have an obligation to do anything other than to answer questions, tell the truth, run a good campaign, and try to win. And so, you know, where this has become Nikki Haley’s campaign when no one’s voted yet is kind of a mystery to me.”The biotech entrepreneur Vivek Ramaswamy and the former Arkansas governor Asa Hutchinson are also still in the race. But their odds are even longer than Christie’s.On Friday, writing on Substack, the Republican operative turned anti-Trump crusader Steve Schmidt said: “Nikki Haley is an imitation of Trump, a hollow woman … firmly on Trump’s side of the field. She is an acolyte who has strayed, probably much to Trump’s amusement because he knows she will be back in the menagerie more loyal than ever.“It is Chris Christie who stands alone against Trump. He is … the only moral choice.”Christie, however, told Hewitt that if he did not win the nomination, and even if Trump did, he would not vote for Joe Biden. More

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      Biden to start election year with speech on third anniversary of Capitol attack

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      Joe Biden will on Friday mark the third anniversary of the deadly January 6 attack on Congress, delivering his first presidential election campaign speech of 2024 at Valley Forge, Pennsylvania – a site replete with historical meaning.A day before the anniversary, due to forecast bad weather, Biden will speak where George Washington’s army endured another dark moment: the bitter winter of 1777-78, an ordeal key to winning American independence from Britain.Biden will also speak about January 6 on Monday at the Mother Emanuel AME church in Charleston, South Carolina, where in June 2015 a gunman shot dead nine Black people in an attempt to start a race war.Donald Trump’s nearest challenger for the Republican nomination, Nikki Haley, was governor of South Carolina at the time and subsequently oversaw the removal of the Confederate battle flag from statehouse grounds.Haley has since struggled to define her position on the flag and the interests it represented, last week in New Hampshire failing to say slavery caused the civil war.But the Biden campaign is focusing on Trump, who refused to accept his conclusive defeat in 2020, spreading the lie that he was denied by electoral fraud and ultimately encouraging supporters to attempt to stop certification of Biden’s win by Congress.The attack on the Capitol delayed certification but the process was completed in the early hours of 7 January. Biden was inaugurated two weeks later.On Thursday, the Biden campaign previewed his Valley Forge speech and released Cause, an ad one adviser said would “set the stakes” for this year’s election.“I’ve made the preservation of American democracy the central issue of my presidency,” Biden says in the ad, over footage of Americans voting.But, he adds, over shots of white supremacists marching in Virginia in 2017 and the attack on Congress, “There’s something dangerous happening in America. There’s an extremist movement that does not share the basic beliefs in our democracy.”Wes Moore, the first Black governor of Maryland, widely seen as a possible Democratic presidential candidate in 2028 but now a Biden campaign adviser, told MSNBC: “The president is really setting the stakes and really hoping to set the platform for what people are going to hear.“From him, it is a vision for their future. From Donald Trump, they’re going to hear a vision about his future. That’s the difference.”Less than two weeks from the Iowa caucuses, Trump dominates Republican polling, regardless of 91 criminal charges – 17 concerning election subversion – in four cases, civil trials over his business affairs and a rape allegation and attempts to bar him from the ballot in Colorado and Maine under the 14th amendment, introduced after the civil war to stop insurrectionists running for office.Trump has called January 6 “a beautiful day” and supporters imprisoned because of it “great, great patriots” and “hostages”. At rallies he has played Justice for All, The Star-Spangled Banner sung by jailed rioters, interspersed with his own recitation of the Pledge of Allegiance. On Saturday, he will stage a rally in Iowa, less than five days before caucuses in the midwestern state kick off the 2024 election.Republicans in Congress continue to range themselves behind Trump, the majority whip Tom Emmer’s endorsement this week completing the set of GOP House leaders. Among the rank and file, Marjorie Taylor Greene, a far-right representative from Georgia who has touted herself as Trump’s running mate, was due to host a January 6 commemoration in Florida, until the venue canceled it.Many observers see winning the White House as Trump’s best hope of staying out of prison. Some polling suggests a criminal conviction (also possible over retention of classified information and hush-money payments) would reduce support but for now he is competitive with Biden or leads him in surveys regarding a notional general election.Furthermore, polling shows more Americans accepting Trump’s stolen election lie.This week, the Washington Post and the University of Maryland found that only 62% of respondents said Biden’s 2020 win was legitimate, down from 69% two years ago. On the question of blame for January 6, meanwhile, the same pollsters found that 25% of Americans (and 34% of Republicans) thought it was probably or definitely true that the FBI, not Trump, was responsible for inciting the riot.Biden’s campaign manager, Julie Chavez Rodriguez, referred to Trump’s “Make America Great Again” slogan when she said: “Led by Donald Trump, Maga Republicans are running on an extreme platform of undermining the will of the American people who vote in free and fair elections, weaponising the government against their political opponents, and parroting the rhetoric of dictators.”Biden’s new ad and January 6 speeches, Chavez Rodriguez said, would “serve as a very real reminder that this election could very well determine the very fate of American democracy”.The Associated Press contributed reporting More

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      Civil war gaffes and robotic smiles: can anyone beat Trump? – podcast

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      Nikki Haley, Ron DeSantis, Chris Christie, Vivek Ramaswamy and Asa Hutchinson are all still putting on a brave face and trying to convince Republicans they would be a better president than Donald Trump.
      With the Iowa caucus and New Hampshire primary fast approaching, polling suggests the odds are against them, but does any campaign have a chance? This week, Jonathan Freedland speaks to Bill Kristol, editor-at-large at the Bulwark

      How to listen to podcasts: everything you need to know More

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      Biden’s first 2024 campaign ad highlights threats to US democracy

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      Joe Biden’s first campaign ad of the year focuses on threats to US democracy, timed for release on the anniversary of the 6 January insurrection at the US Capitol.In the ad, Biden says that preserving American democracy has been the “central issue of his presidency”. As footage of political violence and rioting shows on screen, the president notes that “there’s an extremist movement that does not share the basic beliefs in our democracy”.“All of us are being asked right now, what will we do to maintain our democracy?” he says.Donald Trump is the overwhelming favorite to win the Republican nomination for November’s presidential election, despite his multitude of legal woes, which include charges linked to the Jan 6 attack.The former president has also struck a notably more extremist tone during his campaign, raising fears he aims to deliberately erode US democratic institutions. Polling has also shown Trump to be in a close race with Biden and leading in some surveys.The Biden attack ad will run nationally and in local markets in swing states such as Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin, as well as online.The spot highlights how Trump and his followers are continually working to undermine elections, the Biden-Harris campaign manager, Julie Chavez Rodriguez, said in a news release.“Over the last three years, Maga Republicans haven’t shied away from the Big Lie – they’ve doubled down. This ad serves as a very real reminder that this election could very well determine the very fate of American democracy,” she said.A recent poll by the Washington Post and University of Maryland showed that support for Trump among Republicans has increased since the 6 January attacks.skip past newsletter promotionafter newsletter promotionTheir beliefs on the insurrection itself have softened, the poll showed, with Republicans now less likely to see the attack as violent or Trump as responsible for it. 36% of those polled did not believe Biden was legitimately elected. Still, among independents and Democrats especially, the insurrection is seen as an attack on democracy. More

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      Trump asks US supreme court to review Colorado ruling removing him from 2024 ballot

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      Donald Trump appealed to the US supreme court on Wednesday to undo the Colorado ruling that removed him from the ballot in the western state under the 14th amendment to the US constitution, for inciting an insurrection.“In our system of ‘government of the people, by the people, [and] for the people,’ Colorado’s ruling is not and cannot be correct,” Trump’s lawyers wrote in their Wednesday filing. They also said the Colorado supreme court’s ruling “if allowed to stand, will mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate”.They went on to lay out several reasons why the supreme court should restore him to the ballot. Only Congress, not the courts, had the authority to evaluate a dispute over the eligibility of a presidential candidate, they wrote. As president, his lawyers argued, Trump was not an “officer” of the United States – relevant language in the constitution bars anyone from serving if they have “engaged in insurrection” as an officer of the United States.They also argued that Trump’s conduct did not amount to an insurrection and argued that the Colorado supreme court’s decision ran afoul of a provision of the constitution that empowers state legislatures to decide how to appoint presidential electors.Trump’s appeal came after both the Colorado Republican party and the challengers who brought the case both asked the justices to take the case. They are widely expected to do so.A ruling either pausing or allowing the Colorado supreme court’s decision to stand could come fairly quickly, though the exact timeline is unclear. Colorado must begin mailing ballots to overseas voters for its 5 March primary on 20 January. Clerks must start mailing ballots to all other voters between 12 and 16 February.Jena Griswold, Colorado’s secretary of state, asked the court this week to resolve the issue “as expeditiously as possible in light of the upcoming election calendar”. The Colorado supreme court’s ruling said in its ruling last month that the decision was paused while an appeal in the US supreme court was ongoing.Promising to appeal “swiftly”, a spokesperson for Trump, Steven Cheung, said the former president turned clear Republican presidential frontrunner had “full confidence that the US supreme court will quickly rule in our favour”.After the Colorado ruling, Trump was also removed from the ballot in Maine, by its secretary of state, who also suspended the ruling pending appeals. Trump appealed that ban in state court on Tuesday.Separately, Trump faces 91 criminal charges, 17 for election subversion. In the federal election subversion case, the US supreme court is also due to consider Trump’s claim that he enjoys immunity from prosecution for any acts in office.The supreme court is dominated 6-3 by conservatives, in large part thanks to three appointments made when Trump was in office.The 14th amendment was adopted in 1868, soon after the civil war. Section three provided for barring from federal and state office anyone who fought for the Confederacy in that conflict.Notably, the provision has rarely been used. Many legal observers expect Trump to prevail in the Colorado case, one of numerous such challenges, others having failed in state courts.The supreme court does not have to take the Colorado case but in all likelihood will. Its handling of the case will be closely watched, not least by progressives angered by the court’s rightward shift and contentious rulings, including the removal of the federal right to abortion.In the aftermath of the Colorado ruling, Ty Cobb, once a White House lawyer for Trump, told CNN: “I think this case will be handled quickly. I think it could be 9-0 in the supreme court for Trump … because I think the law is clear.”According to Cobb – and other former Trump lawyers – the law is clear that the presidency and vice-presidency are not covered by section three, specifically its definition of a government office, because those positions are not mentioned.skip past newsletter promotionafter newsletter promotionIn full, section three reads: “No person shall be a senator or representative in Congress, or elector of president and vice-president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”Last week, ABC News examined records of debate over the 14th amendment. In one exchange, Reverdy Johnson, a Maryland senator, asked why the text of section three did not mention the presidency or vice-presidency.Lot Morrill, from Maine, said: “Let me call the senator’s attention to the words ‘or hold any office, civil or military, under the United States.’”That, Steven Portnoy of ABC wrote, “end[ed] the discussion on that point”.J Michael Luttig, a conservative former judge who testified in front of the House January 6 committee, has repeatedly stressed that in his view, Trump should be removed from the ballot.Speaking to MSNBC in December, Luttig saluted a “historic [and] unassailable decision that the former president is disqualified from the presidency because he conducted, engaged in or aided or supported an insurrection or rebellion against the United States constitution”.Trump and other Republican presidential contenders have said barring Trump under the 14th amendment would be anti-democratic, and that only voters should choose who is fit for office. So have prominent Democrats.Luttig said: “What I would say to all Americans is that the constitution itself has determined that the disqualification of the former president is not what is anti-democratic.“Rather, the constitution tells us that it is the conduct that can give rise to disqualification under the 14th amendment that is anti-democratic.” More

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      US House majority whip Tom Emmer endorses Trump for president

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      Donald Trump secured the endorsement of Tom Emmer on Wednesday, completing a full House of Republican leaders backing the former US president even though Trump dynamited the majority whip’s own bid for speaker just two months ago.“Democrats have made clear they will use every tool in their arsenal to try and keep Joe Biden and his failed policies in power,” Emmer said.“We cannot let them. It’s time for Republicans to unite behind our party’s clear frontrunner, which is why I am proud to endorse Donald J Trump for president.”Despite facing 91 criminal charges, assorted civil threats and removal from the ballot in Colorado and Maine over his incitement of the deadly January 6 attack on Congress, Trump leads presidential rivals including the Florida governor, Ron DeSantis, and former South Carolina governor Nikki Haley by vast polling margins.In general election polling, he is competitive or enjoys leads over Biden.Emmer, from Minnesota, followed the Republican House speaker, Mike Johnson, and majority leader, Steve Scalise (both from Louisiana) and Elise Stefanik of New York, the conference chair, in endorsing the man who sent supporters to the Capitol to try to stop certification of Biden’s 2020 win.Even after rioters attacked the House chamber, 139 House Republicans and eight senators objected to results in key states. But Emmer was not among them and last October, after the far right ejected Kevin McCarthy as speaker, the Minnesotan followed Scalise and Jim Jordan of Ohio in failing to secure the role.At the time, Trump said Emmer had called him and was his “biggest fan now” but also deemed him “totally out of touch with Republican voters”, lobbied Republicans to reject him and reportedly boasted: “He’s done. It’s over. I killed him.”Emmer’s endorsement of his tormentor was therefore widely noted.Rick Wilson, a former Republican operative turned co-founder of the anti-Trump Lincoln Project, said: “Remember when you were on those anti-Trump calls in 2016, Tom?”Tim Miller, another former Republican strategist turned Trump critic, chose to be more blunt: “Was Tom Emmer – who was viciously savaged by Trump and his allies during the failed speaker attempt – wearing a ball gag or a gimp mask when he sent this statement? Need some behind-scenes colour.”Miller’s invective was matched by Trump’s campaign team, which said of Erin Perrine, a former Trump aide now working for DeSantis, “nothing can ever wash that foul stench of shit off her”. But regardless of such Republican infighting, endorsements for Trump kept coming in.skip past newsletter promotionafter newsletter promotionThe three other House Republicans from Minnesota – Brad Finstad, Michelle Fischbach and Pete Stauber – joined Emmer in backing Trump.From the Senate, the Arkansas senator Tom Cotton, once seen as a possible Republican candidate, also gave Trump his backing.“When Donald Trump was president,” Cotton said, “America was safe, strong and prosperous.”He did not mention his own, infamous claim that regular troops needed to be used to quash protests for racial justice in 2020, when Trump was in the White House.Overlooking the economic devastation wrought that same year by Covid-19, Cotton continued: “The economy was booming, working-class wages were growing, our border was secure, and our enemies feared us.”“I endorse President Trump and I look forward to working with him to win back the White House and the Senate … it’s time to get our country back on track.” More

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      Biden to jump-start 2024 campaign by highlighting sharp contrast with Trump

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      Ailing in opinion polls, Joe Biden will aim to jump-start his re-election campaign in the coming week with events designed to symbolise the fight for democracy and racial justice against Donald Trump.The Biden-Harris campaign announced the plans in a conference call with reporters that mentioned Trump by name 28 times in just 24 minutes, a sign of its determination to draw a sharp contrast between the US president and his likely Republican challenger.On Saturday Biden will deliver a major address laying out the stakes of the election at Valley Forge, near Philadelphia, the site of a 1777-1778 winter encampment of the Continental Army led by George Washington during the American revolutionary war.It was at Valley Forge that a disorganised alliance of colonial militias was transformed into a cohesive coalition united in the battle for democracy, the Biden-Harris campaign told reporters, noting that Washington became president but then relinquished power.“There the president will make the case directly that democracy and freedom – two powerful ideas that united the 13 colonies and that generations throughout our nation’s history have fought and died for a stone’s throw from where he’ll be Saturday – remain central to the fight we’re in today,” said the principal deputy campaign manager, Quentin Fulks.Then, on Monday, Biden will speak at Mother Emanuel AME church in Charleston, South Carolina, where in 2015 nine African American worshippers were killed by a white supremacist while they were praying at the end of Bible study.Fulks described it as “a historic venue that embodies the stakes of our nation at this moment because whether it is white supremacists descending on the historic American city or Charlottesville, the assault on our nation’s capital on January 6 or white supremacists murdering churchgoers at Mother Emanuel nearly nine years ago, America is worried about the rise in political violence and determined to stand against it”.The vice-president, Kamala Harris, will also travel to South Carolina on Saturday to address the 7th Episcopal District AME church Women’s Missionary Society annual retreat and, later this month, launch a “reproductive freedoms tour” in Wisconsin, highlighting the “chaos and cruelty” unleashed by the overturning of the constitutional right to abortion.Speaking from the campaign headquarters in Wilmington, Delaware, Fulks told reporters: “You can expect the entirety of our campaign to be out in full force later this month on the anniversary of Roe v Wade, making crystal clear to every American to that the freedom for women to make their own healthcare decisions is on the ballot this November.”But the conference call made no mention of Biden’s leadership during the war in Ukraine, where Congress now threatens to cut off funding, nor the war in Gaza, which has been the most divisive foreign policy issue of his presidency. The campaign team also avoided the subject of Biden’s age – at 81 he is the oldest president in American history.The call did dwell on the January 6 insurrection, however, underlining how the Biden campaign is intent on making the election less a referendum on his presidency than a choice between the incumbent and Trump, who has been twice impeached and indicted in four separate cases and is facing 91 criminal counts.Julie Chávez Rodríguez, the campaign manager, said: “When Joe Biden ran for president four years ago, he said, ‘We are in the battle for the soul of America’ and as we look towards November 2024, we still are. The threat Donald Trump posed in 2020 to American democracy has only grown more dire in the years since.”skip past newsletter promotionafter newsletter promotionBut Biden enters the new year with the lowest approval rating of any modern-day president seeking re-election. Voters have expressed concerns over crime, immigration and inflation, which hit 40-year highs in 2022. Branding exercises such as “Bidenomics” appear to have fallen flat.Polls show the president losing support among voters of colour in particular. On Monday a USA Today and Suffolk University survey showed Trump on 39% support among Latino voters, ahead of Biden on 34%, a dramatic reversal from 2020 when Biden enjoyed 65% support from Latino voters.Fulks said voters of color have most at stake in the election and denied that there is cause for panic. “Our campaign has been putting in the work to do everything we need to do to communicate with communities of color next fall to make sure that they turn out,” he said, noting that the campaign has made the “biggest and earliest ever investment for a re-election campaign into constituency media”.He added: “We started by doing early organizing efforts targeting the voters that make up the Biden-Harris coalition and that sends a clear signal that we’re not going to wait and parachute into these communities at the last minute and ask them for their vote. We’re going to earn their vote.“We know that we have to communicate to these constituencies about what this administration has done; we have to communicate with these constituencies about the dangers that the other side poses; and we’re going to do both.” More