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      Seth Meyers on JD Vance’s debate performance: ‘Brazen and shameless’

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      Late-night hosts talk JD Vance’s many lies during the vice-presidential debate and a new special counsel report detailing how Donald Trump tried to steal the 2020 election.Seth MeyersDonald Trump is “a bad liar”, said Seth Meyers on Wednesday’s Late Night, but he chose as his running mate “someone who is much more polished at it”. JD Vance, Ohio senator, is “brazen and shameless, but he’s admittedly very smooth. He’s like a slick used car dealer, and can be very convincing until you remember the car he’s trying to sell you is an AMC Gremlin with raccoons in the engine.”For instance, during the vice-presidential debate on Tuesday evening, Vance claimed that he was not in favor of a national abortion ban, but did support a “minimum national standard”.“That’s a ban,” Meyers corrected. “A ‘minimum national standard’ is just a bullshit way of describing a national abortion ban. It’s like when I go to the coffee shop on my block and they say they sell all-natural, gluten-free breakfast biscuits. That’s a cookie, dude. Except now you’ve guaranteed that my kids won’t stop asking me why they can’t have it.”Vance has said multiple times that he favors a national abortion ban. On a rightwing podcast in 2022, he said: “I certainly would like abortion to be illegal nationally.”“That’s what happens when you say yes to every rightwing podcast in the universe,” said Meyers. “JD Vance is on record contradicting every thing he says now. Politicians used to be worried about being caught on a hot mic. But now they go into every McMansion basement they can find like they’re on a hot mic scavenger hunt.”Vance also refused to say whether Trump lost the 2020 election. When asked point blank by his opponent, Minnesota’s governor, Tim Walz, Vance deflected with: “I’m focused on the future.”“If you ask someone a straightforward question and they say ‘I’m focused on the future’ that’s how you know they’re caught in a lie,” said Meyers. “Vance may have delivered a slick performance last night, but it was just that – a performance.”Stephen Colbert“We are all still struggling to digest last night’s vice-presidential debate – which is surprising, because usually I have no trouble eating two slices of white bread,” joked Stephen Colbert on Wednesday night.The Late Show host described the debate as a “frosty cup of ZzzQuil”, as the two politicians performed civility and appeared to frequently agree with each other.The Atlantic described the debate as “a vision of what American politics could be without the distorting gravitational field generated by Donald Trump”.“I would love that,” said Colbert, “but here’s the thing: Donald Trump hasn’t gone anywhere. He’s still the main character. This is like a scene from It without Pennywise on camera, and everyone is suddenly like, ‘Welp, guess there’s no more scary clowns in Derry. Ooh, free sewer balloon!’”Colbert took particular aim at Vance’s answer to a question on Obamacare, which Trump tried to destroy numerous times: “I think you could make a really good argument that [Trump] salvaged Obamacare, which was doing disastrously until Donald Trump came along.”“That kind of junior high debate team sophistry is exactly the worst kind of behavior that intelligent people use to justify evil,” added Colbert. “You know, when you think about it, it could be argued that Godzilla really spearheaded Tokyo’s urban renewal.”Colbert was also incensed at Vance’s characterization of January 6: “It’s really rich for Democratic leaders to say that Donald Trump is a unique threat to democracy when he peacefully gave over power on January the 20th.”“Yeah, 14 days after his plot to overthrow the election ended in a violent coup that failed,” said Colbert. “That’s like saying to your ex: ‘Barbara, I think it’s rich that you’re calling me psychotically obsessed with our relationship, when I left your and Brad’s wedding peacefully. You’re the one who won’t stop talking about me setting fire to the DJ.’”Jimmy KimmelAnd in Los Angeles, Jimmy Kimmel looked ahead to election day: “We are 34 days away from Trump saying the election was rigged, just as he did four years ago.” Trump’s efforts to overturn the election four years ago are detailed in a new report from special counsel Jack Smith.The judge overseeing the January 6 case in Washington unsealed a 165-page court filing containing a “mountain” of testimony and evidence against Trump. “All the stuff we know happened, we now have in writing,” said Kimmel.The filing lays out “the increasingly desperate ways Trump tried to steal the election”, Kimmel explained. “You know, sometimes I would wonder, does Trump really believe that this election was stolen from him? And the answer is no, he doesn’t. The plan all along was to declare himself the winner even he if wasn’t, which he did. And then when he realized he was going to lose, he made up these claims of fraud.“He called governors and election officials,” he continued. “He hammered Mike Pence. He deliberately spread lies, even though he privately admitted they were crazy lies. He was directly involved in the fake elector scheme. And he stole all the Oreos from the White House snack cabinet.”The report also detailed just how many times Trump pressured Mike Pence to try to decertify the election, though he had no authority to do so. “There were meetings, phone calls, text messages – Pence was basically Trump’s Baby Reindeer,” Kimmel joked. More

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      Republicans’ non-citizen voting myth sets stage to claim stolen election

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      James Cozadd, a 49-year-old plumber born in Montgomery, Alabama, has no idea why he got a letter from Alabama’s top election official telling him he was potentially ineligible to vote. He was born in the US, yet the letter said he was suspected of being a non-citizen and he would have to prove his citizenship to vote.“I’ve been racking my brain to try to figure out how I ended up on the list of purged voters, but I have no clue,” Cozadd said in a court filing in September.He was one of more than 3,200 voters the secretary of state asked to prove their citizenship – part of a wave of actions amid heated rhetoric among Republicans over the idea that non-citizens could be voting in large numbers in US elections, a theory that runs counter to data.It’s not just happening in Alabama. Alvaro Manrique Barrenechea, a Tennessee immigration law professor, got a letter this year claiming he could be illegally voting, despite becoming naturalized in 2019 and having the legal right to vote. And Nicholas Ross, an Ohio music professor, became a US citizen in May after nearly three decades in the country but received an accusatory letter from the Ohio secretary of state in June telling him he could be ineligible to vote because he wasn’t a US citizen. Voting as a non-citizen would be a crime, it warned.These purges are not just complicating the ability of some qualified voters to cast a ballot this year. They are also setting the stage for future laws to restrict voters’ access to the ballot and are giving fuel to Donald Trump and his allies to seed doubt about the integrity of elections and undermine results if he loses in November.Trump and other Republicans are already using the false idea that non-citizens could vote in widespread numbers to suggest the election could be stolen.“Our elections are bad,” Trump said during the 10 September debate. “And a lot of these illegal immigrants coming in, they’re trying to get them to vote. They can’t even speak English. They don’t even know what country they’re in practically. And these people are trying to get them to vote. And that’s why they’re allowing them to come into our country.” .There is no proof that non-citizens are voting, or even registering to vote, in any meaningful numbers. It’s not the first time Republicans have made these claims, but the purges and rhetoric over non-citizen voting this year are, perhaps, at their apex.The rhetoric makes voting an immigration issue, linking two red-meat issues for Republicans. It also aligns with broad anti-immigrant sentiment the right is advancing, with much of it stemming from a conspiracy that there is an intentional and systematic effort to replace white Americans with minorities through mass migration – the great replacement theory.Heidi Beirich, co-founder of the Global Project Against Hate and Extremism, said the theory holds that the white population is being displaced by non-white immigrants “who will vote in a certain particular way”.“These attacks on non-citizens and voters are part and parcel of the great replacement conspiracy theory,” she said. “They’re indistinguishable.”David Becker, the executive director of the Center for Election Innovation and Research, said it was clear why Trump and supporters were leaning into the myth of non-citizen voting.View image in fullscreen“This is about setting the stage to claim an election was stolen,” he said. “This will be one of the primary, but among many, false claims made if Trump loses. And it will be false, but it still could be dangerous because it could incite his supporters to believing a totally secure election was stolen.”The myth of non-citizen voting has also taken hold after some of the most outlandish myths about the 2020 election weredebunked, said Walter Olson, a senior fellow at the Cato Institute, a libertarian thinktank.“It keeps ‘Stop the Steal’ alive at a point where most of the other things about ‘Stop the Steal’ don’t have much currency,” he said, referring generally to the movement that tried to halt the certification of the 2020 election.”Republicans have waged an aggressive legal effort in Congress, state capitols and courtrooms to create the false impression that there are non-citizens on the rolls. Congressional Republicans are pushing a bill to address the nonexistent problem, though it is stalled in DC after a failed effort to tie it to a government funding bill.The Republican National Committee and other Trump-aligned groups have also filed suit in a number of battleground states – including Nevada, North Carolina and Arizona – accusing election officials of not doing enough to ensure non-citizens aren’t on the voter rolls. The state officials have all said there are adequate safeguards in place to ensure that only US citizens are voting.Republican statewide officials in several states – Tennessee, Alabama, Ohio and Texas – have also launched efforts to hunt for non-citizens on the voter rolls and have flagged thousands of voters for possible removal. Voting rights groups have raised deep concerns about those efforts, saying the methodology is flawed and that states are presenting misleading statistics to give an exaggerated impression of how many non-citizens may be on the rolls.The list of potential non-citizens flagged in Alabama has so far shown itself to be off-base, the US Department of Justice said in a lawsuit filed last week, claiming the purge was conducted illegally. In response to letters asking suspected non-citizens to provide documentation of their citizenship before voting this fall – an extra hoop to jump through before casting a ballot – more than 700 voters, nearly one in four on the list, have provided such proof.Ross, the Ohio music professor who received a letter from the state’s top election official, said he dug into why he might have been flagged and found a likely reason. He had renewed his driver’s license in January, when he had a green card, which seemed to land him on the secretary of state’s potential non-citizen list. He sent in paperwork to prove his citizenship after receiving the letter.“When you do this and just look at the last driver’s license, you’re just netting a lot of naturalized citizens,” Ross said. “And of course, my concern is, then you’re creating this narrative of lots of non-US citizens trying to vote by including those numbers.”Dan Lusheck, a spokesman for the office of the Ohio secretary of state, Frank LaRose, says it found “approximately 600 non-citizens registered to vote, a relatively small number considering there are over 8 million registered voters in Ohio”.skip past newsletter promotionafter newsletter promotionLaRose’s office forwarded the flagged registrations to the state attorney general for potential prosecution, claiming some of them may have voted. Prosecutors say they have investigated and found little. A prosecutor in one county office told the Ohio Capital Journal that most cases involved people checking the box claiming they are not citizens on their registration forms. When told they should rescind their registration, almost all of them complied.“The secretary believes that voter fraud is extremely rare because we take it seriously here in Ohio,” Lusheck said. “A law that is not enforced isn’t a law, it’s a suggestion.”Many of the naturalized citizens erroneously on the list as non-citizens appear to have been flagged from outdated motor vehicles data. The voters may have driver’s licenses that have not expired, then got their citizenship. The guidelines for what to do after you become a citizen say a driver’s license can be renewed or updated, but it’s not a requirement.In Tennessee, state officials sent more than 14,000 notices to people asking them to prove their citizenship. The secretary of state’s office there has since said it would not remove voters who didn’t prove their citizenship. The office did not respond to a request for comment.One of the voters targeted was Manrique Barrenechea, an immigration law professor at Vanderbilt University, who became a US citizen in 2019 and has voted since. He did not feel comfortable sending documents in the mail to prove what he believes the state should already be able to confirm.“You’re putting the burden on me to get information that you already have as government,” he said.For some immigrants, the letter may read as intimidating, he said.“I hope it’s not that they’re trying to make it difficult for immigrants to vote, but it really generated an extra step to me,” he said.The Alabama secretary of state, Wes Allen, started a process to purge alleged non-citizens from the rolls within 90 days of an election, which both a private lawsuit and the justice department lawsuit claim runs afoul of federal law. Allen also referred the alleged non-citizens on the voter list to the Alabama attorney general’s office for criminal investigation, which the lawsuit argues amounts to voter intimidation.Allen’s office did not respond to a request for comment.Some eligible voters who were sent letters by Allen issued declarations in court. Cozadd, a Republican and lifelong Alabaman, received a letter claiming he had previously been issued a non-citizen identification number. He wrote in his declaration that he cannot figure out why the state would believe that.“I was stunned to receive that letter. It feels like they are trying to make me think I’ve broken the law – just for trying to exercise my right to vote,” he wrote.There have been some isolated examples of states that have had relatively small problems with non-citizens on their rolls. Oregon election officials recently said they would remove more than 1,200 people from its voter rolls after they failed to provide proof of citizenship when they registered. Only nine of them had cast ballots and there are 3 million registered voters in the state.Lorraine Minnitte, a professor at Rutgers who has studied incidents of voter fraud for decades, said that for years Republicans have seized on misunderstandings of the complex processes to maintain the voter rolls to suggest that non-citizens were voting.What’s different now is the scale at which they are claiming it’s occurring.“It’s now something that has almost a national audience where in the past it was a little more isolated to places like Texas or Arizona,” she said. Constant images of migrants coming over the border that are aired on Fox News and other conservative outlets, she said, had only augmented the myth.Kate Huddleston, senior legal counsel at the Campaign Legal Center, said the messaging on this issue had ramped up over the past few years and coincided with racism and xenophobia. The misinformation about non-citizen voting could play into conspiracy theories and distrust of elections, she said.“This is an extremely rare problem,” she said. “Because people don’t understand that this is extremely rare, we see laws or policies that end up sweeping in large numbers of naturalized citizens, or sweeping in folks who don’t have easy access to documentary proof of citizenship, and then really taking away their fundamental right to vote.” More

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      JD Vance is the handpicked leader of the antidemocracy movement in America | Robert Reich

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      JD Vance, the Republican candidate for vice-president, will almost certainly be the Republican presidential candidate in 2028, regardless of whether Donald Trump wins in November.But who is JD Vance, really? An opportunist chameleon who once viewed Donald Trump as “Hitler” and is now his pit bull?Or does Vance have an agenda over and above mere political ambition?In one of the most important exchanges of Tuesday’s vice-presidential debate, Vance refused to say that the former president lost the 2020 election, and he downplayed the violent events of January 6. Vance also declined to rule out challenging the outcome of the upcoming election even if votes were certified by every state leader as legitimate.Trump picked Vance as his running mate because Vance publicly stated he’d do what Mike Pence refused to do – overturn democracy and place the US under Maga control.In response to a question ABC’s George Stephanopoulos asked Vance last February – “Had you been vice-president on January 6th, would you have certified the election results?” – Vance said: “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, and I think the US Congress should have fought over it from there.”In 2020, Vance alleged that the 2020 election was stolen and that Biden’s immigration policy meant “more Democrat voters pouring into this country”. In 2022, he suggested that Democrats were attempting to “transform the electorate” amid an immigrant “invasion”.Echoing the so-called “great replacement theory”, Vance told voters, “You’re talking about a shift in the democratic makeup of this country that would mean we never win, meaning Republicans would never win a national election in this country ever again.”In contrast to Trump, who has no ideology except accumulating power and wealth for himself and taking revenge on those who would deny these to him, Vance does have an ideology. He’s the emerging leader of the anti-democracy movement in the US.Vance would never have become a senator from Ohio in 2022 were it not for the billionaire tech financier Peter Thiel, who staked $15m on Vance’s election – a major portion of all the funds that went into Vance’s race.Thiel knew what he was buying. Vance had worked for Thiel’s California venture capital firm before running for the Senate and was part of Thiel’s libertarian community of rich crypto bros, tech executives, back-to-the-landers and disaffected far-right intellectuals.Because Thiel had been a major funder of Trump’s 2016 presidential run, he had significant influence with Trump when urging him to pick Vance for his vice-president.Why has Thiel been such a strong sponsor of Vance? Because Thiel sees in his protege a future leader of a political movement to turn the US away from democracy. “For Peter,” said one of the people familiar with his thinking, “Vance is a generational bet.”Thiel is a self-styled libertarian who once wrote: “I no longer believe that freedom and democracy are compatible.”Hello? Freedom is incompatible with democracy only if you view democracy as a potential constraint on your wealth and power.skip past newsletter promotionafter newsletter promotionThat’s the point. Thiel and Vance – along with Elon Musk, Steve Bannon, Blake Masters, tech entrepreneur David Sacks, Palantir co-founder Joe Lonsdale, Palantir adviser Jacob Helberg, Sequoia Capital’s Doug Leone, blogger Curtis Yarvin, and others in the anti-democracy movement – believe that the only way true libertarians can win in the US is for a Caesar-like figure to wrest power from the US establishment and install a monarchical regime, run like a startup.Yarvin comes as close as anyone as being the intellectual godfather of the anti-democracy movement. He has written that real political power in the United States is held by a liberal amalgam of universities and the mainstream press, whose commitment to equality and justice is eroding social order.In Yarvin’s view, democratic governments are inefficient and wasteful; they should be replaced with sovereign joint-stock corporations whose major “shareholders” select an executive with total power, who serves at their pleasure. Yarvin refers to the city-state of Singapore as an example of a successful authoritarian regime.How to achieve Yarvin’s vision? The first step, as Vance offered in a 2021 podcast, is to replace “every single midlevel bureaucrat, every civil servant in the administrative state … with our people. And when the courts stop you, stand before the country, and say” – as did Andrew Jackson – that “the chief justice has made his ruling. Now let him enforce it.”Vance has been anointed by Thiel and the rest of the anti-democracy movement as the post-Trump president, tasked with replacing the US establishment with an authoritarian regime.Make no mistake: the foundation for the US’s first anti-democracy president is being laid right now.

      Robert Reich, a former US secretary of labor, is a professor of public policy at the University of California, Berkeley, and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His newest book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com More

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      ‘People are giving, sharing’: Augusta comes together as Kamala Harris surveys damage

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      As Kamala Harris descended on Wednesday into Augusta, she met a city contemplating how much of their lives have been unmade by Hurricane Helene.“I am here to personally take a look at the devastation,” Harris said after receiving a briefing by emergency response leaders in Georgia. “It’s particularly devastating in terms of loss of life that this community has experienced, the loss of normalcy, and the loss of critical resources.”The Augusta area hasn’t quite drawn the national attention given to western North Carolina, with its washed-out roads and severe flooding. Augusta is still marginally functional. Hurricane Helene shaved the land here with a dull razor. The damage resembles a tornado strike more than a hurricane, said Leroy Redfield, describing pockets of destruction that make what survived all the more remarkable.“Driving in, in a mile you’ll see at least 20 broken power poles,” he said. “I mean broken in half.” Redfield has taken to watching in the morning to see where new poles go up; that’s where the power is going next.Most people here have been without power since Friday morning. Some had been unable to leave their homes for days, as tall poplar, live oak and cedar trees littered the streets. Uprooted trees line every major road. Trees along Augusta’s downtown strip lie on their sides, torn out of the sidewalk straight through four inches of concrete.View image in fullscreenAnd yet, just as Harris was offering her assessment of the damage a few blocks away, Sherman Gartrell was tossing lemon pepper wings in a food truck next to a toppled tree on Broad Street, feeding people for free as they came. A furniture store owner on Broad Street had paid for him to come down from Athens and help, Gartrell said.Broad Street still had power, though most places could only take cash because internet service outages had rendered credit card processing useless. Water was out. Most things were out, frankly. And yet, somehow, the street still had some bustle because everything everywhere else seemed to still be some flavor of broke.“We’ve found that people down south, they still do the right thing,” said Melanie Lumpkin of Augusta. Wednesday was the first she had been able to venture out of her neighborhood, she said. “People are giving, you know, sharing. We were at a store, and the guy needed $2 in cash, and every single person in line immediately reached for their wallet. People are sharing gas and food and bringing their neighbors cooked meats.”Lumpkin has a tree visiting her attic, and two more that took out her carport and shed. Augusta’s aggressive humidity has already caused mildew and rot in the house. Water is spotty; power is nonexistent. She’s insured, but the first quote to get the trees off of her home came in at $60,000, Lumpkin said.It’s too soon to assess whether the state and federal emergency response has been effective, her son Will Lumpkin said. “Augusta is really coming together, but at the same time, there’s still a long way to go. “I don’t think we were prepared. This isn’t going to be months. For this, it will be years.”But Mary Katherine Gorlich said this could have been much worse. “This would have been very different with someone else in the White House,” Gorlich said. The army veteran said she loved Augusta but had been considering her options overseas in the wake of a possible Joe Biden loss before Harris’s ascent.View image in fullscreenRepublican voters were aware that Donald Trump had visited Georgia recently. Nonetheless, most voters may be locked in at this point, even with a hurricane reshaping their lives.“Nobody’s changing,” said John Oates, taking refuge in an Augusta hotel while the power is out. “Nobody’s changing their mind.”The politics of catastrophe have yet to reveal themselves in Augusta. But the Lumpkins are worried that Augusta’s racially fractious local government will end up relegating Augusta to last place on the repair list.The White House appears to be taking some measures to short-circuit local and regional competition for relief.“The president and I have been paying close attention from the beginning to what we need to do to make sure federal resources hit the ground as quickly as possible, and that includes what was necessary to make sure that we provided direct federal assistance,” Harris said.“We are at our best when we work together and coordinate resources, coordinate our communications to maximum effect.”People living in one of the counties under an emergency order are eligible for a $750 Fema payment to offset losses. Upfront funds can be used to help with essential items like food, water, baby formula and other emergency supplies. Funds may also be available to repair storm-related damage to homes and personal property, as well as assistance to find a temporary place to stay.Fema personnel have been going door to door to assess people’s needs and help them apply, Harris said. More

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      Melania Trump’s abortion views baffle both sides: ‘Hard to follow the logic’

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      The revelation on Wednesday evening that Melania Trump’s forthcoming memoir includes a full-throated defense of abortion rights, an issue her husband Donald Trump has repeatedly flip-flopped on during his presidential campaign, left people on both sides of the issue less than impressed.“Restricting a woman’s right to choose whether to terminate an unwanted pregnancy is the same as denying her control over her own body,” Melania Trump wrote in her memoir. “I have carried this belief with me throughout my entire adult life.”Melania Trump also defended the right to abortion later on in pregnancy – a procedure that her husband has repeatedly demonized. (Less than 1% of abortions occur at or past 21 weeks of gestation.)“Sadly for the women across America, Mrs. Trump’s husband firmly disagrees with her and is the reason that more than one in three American women live under a Trump abortion ban that threatens their health, their freedom and their lives,” Harris campaign spokesperson Sarafina Chitika said in an email. “Donald Trump has made it abundantly clear: If he wins in November, he will ban abortion nationwide, punish women and restrict women’s access to reproductive health care.”Melania Trump’s remarks also took anti-abortion activists by surprise.“It’s hard to follow the logic of putting out the former First Lady’s book right before the election undercutting President Trump’s message to pro-life voters,” Kristan Hawkins, president of the powerful Students for Life of America, posted on Twitter/X on Wednesday night. “What a waste of momentum.”Over the last several weeks, anti-abortion activists have grown increasingly fed up with the former president, who has struggled, alongside the rest of the Republican party, to redefine his messaging on abortion rights amid outrage over the overturning of Roe v Wade.Earlier in his campaign, Trump bragged about appointing three of the US supreme court justices who voted to overturn Roe, branded himself the “most pro-life president ever”. After Kamala Harris became the presidential nominee, however, Trump has pledged that his administration “will be great for women and their reproductive rights” as well as vowed not to sign a national abortion ban – just weeks after refusing to say that he would veto one.Melania Trump’s comments may feel like a further insult to the anti-abortion voters who feel abandoned by Trump, said Republican campaign strategist Liz Mair, adding anti-abortion advocates run potent get-out-the-vote operations. Those advocates were key to Trump’s 2016 victory.“This might be just another thing that piles on to make pro-lifers think: ‘I just can’t with this guy.’ A lot of them were single-issue voters anyway,” Mair said. “He’s not really giving them much of an incentive to show up and do anything to his benefit.”When Tresa Undem, a pollster who has surveyed people about abortion for more than two decades, heard the comments, she immediately thought: “Wow”. Then she thought: “It’s a campaign move.”However, Undem is not sure who, exactly, the move is for – especially given the Trumps’ sometimes frosty relationship in public. Melania Trump has rarely aired her political views and has largely vanished from Donald Trump’s 2024 campaign.The odds of Melania Trump’s comments comforting moderate or conservative voters who support abortion rights are “fairly slim”, Undem said.“These strong feelings – they did not suddenly appear this year, right? So she clearly has had no influence on him when it comes to policy related to abortion,” Undem said. “I don’t think she’s ever been positioned, or voters ever think of her, as having any kind of policy position or weight or influence on Trump.” More

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      in Elections

      Special counsel pushes to use Pence against Trump in 2020 election case

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      Special counsel prosecutors intend to make Donald Trump’s vice-president Mike Pence and his efforts to recruit fake electors the centerpiece of his criminal prosecution against the former president, according to a sprawling legal brief that was partly unsealed on Wednesday.The redacted brief, made public by the presiding US district judge Tanya Chutkan, shows prosecutors are relying extensively on Trump’s pressure campaign against Pence to support the charge that Trump conspired to obstruct the January 6 certification of the election results.And prosecutors used an equally voluminous portion of the 165-page brief to express their intent to use evidence of Trump trying to get officials in seven key swing states to reverse his defeat to support the charges that he conspired to disenfranchise American voters.The brief’s principal mission was to convince Chutkan to allow the allegations and evidence buttressing the superseding indictment against Trump to proceed to trial, arguing that it complied with the US supreme court’s recent ruling that gave former presidents immunity for official acts.As part of the ruling, the court ordered Chutkan to sort through the indictment and decide which of the allegations against Trump should be tossed because of the immunity rules and which could proceed to trial.The brief was the first round of that process that could take months to resolve and involve hearings to decide what allegations should be kept. Chutkan has the power to decide how much of the indictment can be kept and what evidence can be presented by prosecutors as she makes her decision.According to the redacted brief, prosecutors want to use Trump’s conversations with Pence in the lead-up to the January 6 Capitol attack, interactions between Trump and Pence and other private actors, as well as interactions between White House aides and private actors.The bottom line from prosecutors was that each of the episodes reflected Trump acting not as president but as a candidate for office, which meant the default presumption that conversations between Trump and Pence were official could be rebutted.For instance, prosecutors argued that evidence of Trump using personal lawyers Rudy Giuliani or John Eastman to pressure Pence should be permitted, since using private actors to commit a crime would not be an official act of the presidency or infringe on the functioning of the executive branch.At the White House on 4 January 2021, prosecutors wrote, Trump deliberately excluded his White House counsel from attending a meeting with Pence – meaning the only attorney in the room was Eastman.“It is hard to imagine stronger evidence that the conduct is private than when the president excludes his White House counsel and only wishes to have his private counsel present,” the brief said.View image in fullscreenAnd on a 5 January 2021 phone call, prosecutors wrote, Trump and Eastman were the only ones on the line to make a final effort to pressure Pence to drop his objections and agree not to count slates of electors for Joe Biden when he presided over the congressional certification the next day.“For the defendant’s decision to include private actors in the conversation with Pence about his role at the certification makes even more clear that there is no danger to the executive branch’s functions and authority, because it had no bearing on any executive branch authority,” it said.Prosecutors added that the conversations between Trump and Pence that they wanted to present at trial should be allowed because there was nothing official about them discussing electoral prospects as candidates for office.Referencing previously undisclosed evidence, prosecutors showed that Pence at various points suggested that “the process was over” and that Trump consider running again in 2024 – key evidence that Trump was on notice from his own running mate that he had lost the election.And prosecutors reiterated that charging the most damning evidence that Trump’s lawyers knew they were violating the law – emails where Eastman asked Pence’s counsel Greg Jacob to consider one more “minor violation” of the Electoral Count Act – did not impact the functioning of the executive branch.The expansive brief also included prosecutors asking to take to trial evidence of Trump’s effort to pressure state officials to reverse the results and his effort to then rely on fake slates of electors.The response from Trump’s lawyers is almost certain to be that Trump was calling state officials because he was executing the clause in the US constitution that the president has a duty to ensure the general election was run without interference or fraud.But prosecutors included a pre-emptive rebuttal: “Although countless federal, state, and local races also were on the same ballots … the defendant focused only on his own race, the election for president, and only on allegations favoring him as a candidate in targeted states he had lost.” More

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      JD Vance takes victory lap and mocks Tim Walz over debate gaffe

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      JD Vance took a self-proclaimed victory lap after his vice-presidential debate against the Democrat Tim Walz, appearing on Wednesday at a campaign rally in the crucial battleground state of Michigan.Vance told supporters in Auburn Hills that he thought the debate went “pretty well” on Tuesday, as snap polls showed viewers considered it to be a tie between the two vice-presidential candidates.Departing from the generally civil tone of the debate, Vance mocked Walz over his biggest gaffe of the night, in which the Democratic governor said he was friends with school shooters. (Walz seemingly meant to say he was friends with victims of school shootings.)“That was probably only the third or fourth dumbest comment Tim Walz made that night,” Vance said. “I’ve got to be honest, I feel a little bad for Governor Walz. And the reason I feel bad for him is because he has to defend the indefensible, and that is the record of Kamala Harris.”In his prepared remarks, Vance did not touch on his weakest moment in the debate, when he refused to acknowledge Donald Trump’s loss in the 2020 presidential race. But when Vance took questions from the media after his speech, a reporter did ask him about the exchange, and he again sidestepped the question.“The media is obsessed with talking about the election of four years ago. I’m focused on the election of 33 days from now because I want to throw Kamala Harris out of office and get back to commonsense economic policies,” Vance said.Vance then pivoted to discussing the issue of non-citizen voting, which has become a rallying cry among Trump and his supporters. Research has uncovered little evidence to substantiate Republicans’ concerns, as voting in a federal election is already illegal for non-citizens.“We’re going to talk about election integrity because I believe that every vote ought to count, but only the legally cast votes, and that’s why we fight for election integrity,” Vance said in Michigan.Vance focused most of his remarks on attacking Harris over her economic policy proposals, blaming her for the high inflation seen earlier in Joe Biden’s presidency and accusing her of avoiding tough questions about her record. Echoing comments he made during the debate, Vance referenced his background growing up in a low-income family in Ohio to relate to Americans struggling to pay their bills.“She’s afraid of interviews, so she doesn’t talk to people, and she doesn’t realize that her economic policies are making it harder on American families,” Vance said. “If you work hard and play by the rules, you ought to be able to afford a good life for your family, and that’s what Donald Trump and I are going to fight for every single day for the next four years.”Vance then linked Trump’s economic policies to his proposals on immigration, as the former president has called for the mass deportation of millions of undocumented immigrants. An analysis released on Wednesday by the American Immigration Council, an advocacy group, concluded that Trump’s mass deportation program could cost the federal government as much as $88bn a year on average.“The American media – and especially Kamala Harris and Tim Walz – they don’t want to talk about how this illegal immigration crisis is a theft of the American dream from American citizens,” Vance said. “Here’s the Donald Trump plan, and here’s the Donald Trump message to illegal aliens in this country: in six months, pack your bags because you’re going home.”Despite rehashing some of Trump’s most divisive talking points, Vance made a point to reach out to Democrats who may still be undecided in the election. Trump will probably need some of those voters’ support to carry Michigan, a state that Biden won by 3 points in 2020.“As a person who was raised by a couple of working-class, blue-collar Democrats, I want to say to every Democrat who’s watching at home [and] every Democrat who’s in this room: you are more than welcome in Donald Trump’s Republican party,” Vance said. “We’re the party of common sense. We’ve got a big tent, and you’re welcome in our movement.”And yet, when asked by a reporter how he and Trump would work to unite Americans in the face of political division if they win the election in November, Vance again lashed out against Harris.“Why do we have so much division, and why do we have so much rancor in this country’s political debate? It’s because Kamala Harris and her allies are trying to silence the American people rather than engage with them,” Vance said. “When you try to censor your fellow citizens, when you try to shut them up, you breed division and hatred.”Given Trump’s tendency to deploy personal insults and degrading nicknames against his political opponents, that explanation may not sit well with voters. Trump now has just one month left to convince Americans that he deserves another four years in the White House. More