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      ‘Stakes are monstrous’: Wisconsin judicial race is 2023’s key election

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      ‘Stakes are monstrous’: Wisconsin judicial race is 2023’s key electionControl of state supreme court could flip from conservative to liberal with big consequences for most gerrymandered US state Voting is under way in an under-the-radar race that could wind up being the most important election in America this year.At stake is control of the Wisconsin supreme court. Because control of state government in Wisconsin is split between Democrats and Republicans, the seven-member body has increasingly become the forum to get a final decision on some of the most consequential issues in the state – from voting rights to abortion.Wisconsin Republican who bragged about low turnout faces calls to resignRead moreSince Wisconsin is one of the most politically competitive states and a critical presidential battleground, these decisions have national resonance. Millions of dollars have already begun to pour into the race, which is widely expected to become the most expensive supreme court election in state history. The state primary is on 21 February and the top two finishers will advance to a general election in April.Conservatives currently have a 4-3 majority on the court. One of the conservative justices, Patience Roggensack, is retiring, giving liberals a chance to flip the court. The outcome of that race in April will determine control of the court through the 2024 presidential elections.“The stakes are monstrous,” said Barry Burden, the director of the Elections Research Center at the University of Wisconsin – Madison. “There’s a confluence of factors that have come together, intentionally or not to make this a terribly important race for the future of the state.”Pivotal stateFew state supreme courts across the country have played as powerful a role in shaping high-profile laws in recent years as the Wisconsin supreme court has. The court has frequently decided election disputes in the state, where contests are regularly decided by razor-thin margins. In 2020, it narrowly rejected a request from Donald Trump’s campaign to consider throwing out enough mail-in votes to overturn the election results.“Wisconsin’s been the tipping point state in the last two presidential elections,” said Ben Wikler, the chairman of the Wisconsin Democratic party. He pointed out that Wisconsin “is the only state where four of the last six presidential elections came down to less than one percentage point. Which means that small shifts in the rules around voting can have a decisive effect in presidential elections.“Wisconsin’s supreme court race on April 4 is the most important election in the country before November 2024,” he added.The state supreme court has also picked maps that allowed Republicans to maintain control over the state legislature and outlawed ballot drop boxes, making it harder for voters to return their mail-in ballots.More critical decisions are on the horizon. The court is expected to rule in the near future on whether Wisconsin’s 1849 abortion ban will remain on the books. The ban went into effect after the US supreme court’s decision last year striking down Roe v Wade. Wisconsin’s attorney general, Josh Kaul, is challenging the ban in court, arguing that subsequent laws passed in the state have nullified it.The court has also issued important decisions limiting the appointment powers of Governor Tony Evers, a Democrat, and struck down the statewide mask mandate during the height of the Covid-19 pandemic.How can the court change?Four candidates are currently in the race – two liberals and two conservatives. On the liberal side, Janet Protasiewicz, a Milwaukee county circuit court judge, and Everett Mitchell, a Dane county judge. Dan Kelly, a former supreme court justice who lost his seat in 2020 and Jennifer Dorow, a judge who oversaw a high-profile trial of a man convicted of killing six people at a Waukesha Christmas parade, are running.“If in fact a justice who is more in the progressive left tradition succeeds here, then the nature of the court will change, we’ll see different decisions than we’ve tended to see in the recent past. If a justice who is more sort of conservative originalist is elected then we won’t see a change,” said Richard Esenberg, who has argued before the court as the president and general counsel of the conservative Wisconsin Institute for Law and Liberty. “That can affect some very significant issues.”Supreme court justices are elected to 10-year terms in Wisconsin in what are technically non-partisan contests. But the races have taken a hard partisan edge as the court’s influence has grown, with some candidates signaling their views on hot-button issues without saying directly how they would vote.“It is a break from the past that it’s more open and explicit,” Burden said. “It’s really the politicization of the court and its growing prominence in policymaking that’s made everyone more comfortable.”Republicans have already seized on Protasiewicz’s blunt comments about the maps – she called them “rigged” at a forum last month – and abortion, and filed a judicial complaint against her, accusing her of weighing in on an issue that could come before the court. Protasiewicz said she had no regrets.“People in our state deserve to know our candidate’s values,” she said. “I said the maps are rigged. I think the truth is an absolute defense. I don’t think anybody can say that those maps are accurate and that they reflect the people of the state of Wisconsin. No, I absolutely stand by those comments.”Protasiewicz said in an interview she decided to run for the race to focus on “saving democracy” after seeing the state supreme court choose state legislative maps that benefited Republicans. The maps are so distorted that Republican control of the state legislature is essentially guaranteed for another decade, regardless of what voters want.If a liberal wins the race, Democrats have pledged to swiftly bring a new lawsuit challenging the maps.“You look at the legislature, which is potentially on the verge of a supermajority, you look at that makeup of 65 to 75% red and you know it doesn’t represent the people here,” Protasiewicz said. “You look at it and you know something’s wrong.”How much it costsState supreme court races, especially in years where there aren’t any federal races on the ballot, are usually low-turnout affairs. But Protasiewicz said she had encountered crowded events as she campaigns and that voters were “very tuned in”.Mitchell said he had not seen the same engagement, but had been reminding voters of how courts could affect their daily lives. “A majority of people, it’s just not on their radar,” he said. “For some people this was like number 13 on their priority list. Because they’re [dealing with] inflation, and children, and healthcare, and public health.”The biggest sign of the race’s importance may be the flood of money that’s already coming in. The contest is expected to be the most expensive supreme court in state history, and maybe the most expensive ever in the US.In 2020, candidates and outside groups spent about $10m on a race for the state supreme court that year, setting a new record. This year’s race could shatter that. Candidates and outside groups have already spent more than $5m in ads, according to the Brennan Center for Justice, which is tracking the election.“It’s escalating rapidly,” Burden said. “If $15m, $20m, $25m is spent on this race, it’s more than you see in governor’s races in some states.”Protasiewicz has already reported raising just under $1m and is on the air with ads touting her support for abortion. Fair Courts America, a Super Pac linked to the GOP megadonor Richard Uihlein, has said it is willing to spend millions in support of Kelly.“It’s really expensive to get your message out right. It’s really expensive. It would be nice if we could just all fundraise our money. But you know Citizens United has pretty much taken that away from people,” Protasiewicz said in an interview.“It makes it hard for us to ever think that these races can be non-partisan if so much money can be thrown into these races,” Mitchell said.For years, Democrats faced criticism for not taking down-ballot races, like state supreme court contests, seriously enough. In 2019, when Democrats lost a key state supreme court race, Eric Holder, the former US attorney general, publicly sounded the alarm that Democrats were not paying attention. “This should be a wake-up call for us. I felt a little lonely out there in Wisconsin,” he told Mother Jones after the Democratic candidate lost.Democrats started to reverse that trend in 2020, winning a state supreme court race. This year is a chance to continue that, Wikler said.“For a long time Democrats didn’t take judicial races seriously enough and Republicans threw down in these contests,” he said. “This is the moment for Democrats across the country to demonstrate that they’ve learned the lesson of these last few years and take these races just as seriously as they take Senate and governor’s races. It really feels like it’s picking up now.”TopicsWisconsinThe fight for democracyUS justice systemUS politicsfeaturesReuse this content More

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      Confidential files found with Biden’s Corvette – Politics Weekly America podcast

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      Last week, the US attorney general, Merrick Garland, appointed a special counsel to investigate how several batches of classified documents were reportedly found at locations linked to President Biden.
      This week, Jonathan Freedland speaks to Ankush Khardori, who worked in the US Department of Justice from 2016 to 2020, about what the outcome to this investigation may be

      How to listen to podcasts: everything you need to know

      Archive: Fox News, NBC, CNN, CNBC, BBC Send your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to theguardian.com/supportpodcasts More

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      Alex Jones lawyer’s license is suspended for releasing sensitive records

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      Alex Jones lawyer’s license is suspended for releasing sensitive recordsNorman Pattis cannot practice in Connecticut after releasing medical records of Sandy Hook families during Infowars host’s trial A judge has suspended the license of a lawyer who was representing Alex Jones when the attorney appeared to have accidentally released sensitive court records surrounding the defamation lawsuits after the Sandy Hook school killings that the notorious conspiracy theorist lost.Alex Jones owes $1.5bn and declared bankruptcy. So how is Infowars still running?Read moreIn a court order that she issued on Thursday, Connecticut judge Barbara Bellis suspended New Haven-based Norman Pattis from practicing law in the state for six months.Bellis, who decried Pattis’s actions as “inexcusable” and an “abject failure”, wrote: “We cannot expect our system of justice or our attorneys to be perfect, but we can expect fundamental fairness and decency.”Pattis had sent out medical records pertaining to some of the families of those killed during the Sandy Hook attack, along with other information that was considered confidential, Bellis’s ruling showed.Despite Pattis’s claim that the release of the records was an “inadvertent mistake”, Bellis “flatly rejects” the claim. In her court order, she wrote that “there was no fairness or decency” in how Pattis handled “sensitive and personal information” at the center of a lawsuit in which the families of Sandy Hook victims accused Jones of using the shooting that killed 26 at the school to build his audience and make millions of dollars through his false claims that the tragedy was a hoax aimed at forcing the US to accept gun reform.“At a basic level, attorneys must competently and appropriately handle the discovery of sensitive materials in civil cases. Otherwise, our civil system, in which discovery of sensitive information is customary and routine, would simply collapse,” Bellis continued.An assistant of another attorney for Jones, in a related case in Texas, mistakenly sent their legal adversaries’ Jones’s text messages that contradicted sworn statements from Jones claiming he had nothing on his phone related to the deadly school shooting.Rulings in the lawsuits against Jones in Texas, where he resides, and Connecticut, where the Sandy Hook attack occurred, have resulted in Jones being ordered to pay more than $1bn in damages after he was found to have unduly inflicted anguish on victims’ families, among other harm.In a statement to the Associated Press, Pattis said he plans to challenge the order with a higher court, writing: “We’re looking forward to appellate review.”Pattis is currently representing a member of the rightwing extremist group Proud Boys in Washington DC who has been criminally charged with seditious conspiracy surrounding the violent January 6 riots that took place at the US Capitol exactly two years ago Friday.TopicsNewtown shootingUS justice systemUS politicsLaw (US)Defamation lawnewsReuse this content More

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      Biden pardons Ohio woman, 80, who killed abusive husband decades ago

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      Biden pardons Ohio woman, 80, who killed abusive husband decades agoPresident issues six full pardons, mostly for minor drug offenses but including one for Beverly Ann Ibn-Tamas over 1977 death Joe Biden on Friday announced six full pardons, most for minor drug offenses but including a pardon for an 80-year-old woman from Columbus, Ohio, who killed her abusive husband when she was 33.In a statement, a White House official said the president was granting pardons to “individuals who have served their sentences and have demonstrated a commitment to improving their communities and the lives of those around them.“These include individuals who honorably served in the US military, volunteer in their communities, and survived domestic abuse.”As described by the White House, Beverly Ann Ibn-Tamas, now 80, was convicted in 1977 “of murder in the second degree while armed for killing her husband.“Ms Ibn-Tamas, 33 at the time of the incident, was pregnant and testified that before and during her pregnancy her husband beat her, verbally abused her and threatened her. According to her testimony, her husband had physically assaulted her and threatened her in the moments before she shot him.“During her trial, the court refused to allow expert testimony regarding battered woman syndrome, a psychological condition and pattern of behavior that develops in victims of domestic violence.”Ibn-Tamas was sentenced to one to five years in jail. Her appeal, the White House said, “marked one of the first significant steps toward judicial recognition of battered woman syndrome, and her case has been the subject of numerous academic studies”.Ibn-Tamas became director of nursing for an Ohio-based healthcare business, the White House said, and continues to work there as a case manager. The White House noted that as a single mother, Ibn-Tamas raised two children, one of whom, her daughter, is now an attorney.The other recipients of full pardons included Gary Parks Davis, 66 and from Yuma, Arizona, who was jailed over a cocaine deal when he was 22 then became a pillar of his local community, and Edward Lincoln De Coito III, from Dublin, California, now 50, a pilot and army veteran convicted of marijuana trafficking at 23.Vicente Ray Flores of Winters, California, now 37, was convicted at 19 for using ecstasy and alcohol while in the army. Charles Byrnes Jackson, 77 and from Swansea, South Carolina, was convicted when 18 of possession and sale of distilled spirits without tax stamps. John Dix Nock III, from St Augustine, Florida, now 72, pleaded guilty 20 years ago to renting out a place where marijuana was grown.The White House official said the pardons followed “the categorical pardon of thousands of individuals convicted of simple marijuana possession … announced earlier this year, as well as the pardons of three individuals in April”.Biden pardons thousands with federal convictions of simple marijuana possessionRead moreThe April pardons concerned two people convicted of drugs offences and a former Secret Service agent who was convicted of attempting to sell government information, a charge he denied.Advocacy groups welcomed the thousands of pardons announced in October, for marijuana possession. Kassandra Frederique, the executive director of the Drug Policy Alliance, told the Guardian then her organisation was “thrilled”, though the move was “incredibly long overdue”.On Friday, the White House official said Biden “believes America is a nation of second chances, and that offering meaningful opportunities for redemption and rehabilitation empowers those who have been incarcerated to become productive, law-abiding members of society.“The president remains committed to providing second chances to individuals who have demonstrated their rehabilitation – something that elected officials on both sides of the aisle, faith leaders, civil rights advocates and law enforcement leaders agree our criminal justice system should offer.”TopicsUS newsUS politicsUS justice systemJoe BidennewsReuse this content More

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      The Guardian view on the January 6 committee: Trump’s terrible, no-good year | Editorial

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      The Guardian view on the January 6 committee: Trump’s terrible, no-good yearEditorialThe referral of the former president to the justice department on four criminal charges is largely symbolic, but increases his woes In its closing months, 2022 is looking like an annus horribilis for Donald Trump – or to put it in the former president’s terms, a terrible, horrible, no-good, very bad year. The January 6 committee’s recommendation on Monday that criminal charges be brought against him over his attempt to subvert the 2020 election results and the deadly storming of the Capitol was unprecedented – the first time that Congress has referred a former president to the Department of Justice. Though largely symbolic, it has set down a marker. And it is the latest in a string of recent setbacks.His candidates triumphed in Republican primaries, but then tanked in the midterms. His announcement on his 2024 bid was lacklustre and bathetic. A New York jury found his business guilty of tax fraud. On Tuesday, a House committee was set to vote on whether to release six years of his tax returns to the public. And, of course, the list of civil actions and criminal investigations targeting him is growing.The congressional committee’s referral does not change the legal position, though some of the evidence it turned over to the justice department theoretically could. In its impact on public opinion, however, it may have an indirect effect on whether charges are brought. The evidence the committee amassed and its presentation of the facts are compelling. In televised hearings and presentations, in the executive summary published on Monday, and presumably in the full report to follow this week, it has shone an unflinching light on the brutality of that day and Mr Trump’s culpability.His own aides have testified that he was repeatedly told he had lost, and that they urged him to tell the crowd to be peaceful. Instead, he pressed Republican officials to overturn the results, then his vice-president to block Congress from approving Joe Biden’s victory. When those attempts failed, he summoned a crowd to Washington, urged it to the Capitol and for hours failed to call off supporters as they rampaged and hunted down elected politicians. Unlike Mr Trump himself, at least some participants have since admitted their responsibility. One described his involvement as “part of an attack on the rule of law”; another conceded that “I guess I was [acting] like a traitor”.The referral will, if anything, spur on Mr Trump’s fight for the Republican candidacy, further convincing him that power is the best form of protection. Charges, if laid, may reinforce rather than shift the minds of his diehard supporters. More than two-thirds of Republicans still believe that Mr Biden’s victory was illegitimate. Nonetheless, they are turning away from the former president in the polls. A large majority of Republican voters or independents who lean towards the party think someone else should be its candidate in 2024. Mr Trump wanted to clear the field, to run unchallenged. But those who trade on a strongman image cannot afford to look weak. Support for Ron DeSantis, the Florida governor, has surged. Mr Trump’s media cheerleaders, every bit as cynical as the ex-president, have turned on him. Ivanka Trump wants nothing to do with her father’s 2024 bid.It would be immensely foolish to write off the 45th president. For years he has defied the laws of political gravity, surviving scandals and offences that individually would have sunk any other candidate or office-holder. The Republican elite remain notably silent or mealy-mouthed about him. Even if he cannot recover, others are already using his playbook. Yet the prospect that he will rebound, or another like him take his place, is all the more reason to establish the full record of his actions – whether or not they ultimately lead to legal consequences.TopicsDonald TrumpOpinionJanuary 6 hearingsUS Capitol attackRon DeSantisJoe BidenUS elections 2024US justice systemeditorialsReuse this content More

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      House January 6 panel recommends criminal charges against Donald Trump

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      House January 6 panel recommends criminal charges against Donald TrumpThe referral marks the first time in US history that Congress has taken such action against a former president01:51The January 6 committee has referred Donald Trump to the justice department to face criminal charges, accusing the former president of fomenting an insurrection and conspiring against the government over his attempt to subvert the outcome of the 2020 election, and the bloody attack on the US Capitol.The committee’s referrals approved by its members on Monday are the first time in American history that Congress has recommended charges against a former president. They come after more than a year of investigation by the bipartisan House of Representatives panel tasked with understanding Trump’s plot to stop Joe Biden from taking office.“The committee believes that more than sufficient evidence exists for a criminal referral of former President Trump for assisting or aiding and comforting those at the Capitol who engaged in a violent attack on the United States,” Congressman Jamie Raskin said as the lawmakers held their final public meeting.“The committee has developed significant evidence that President Trump intended to disrupt the peaceful transition of power under our Constitution. The president has an affirmative and primary constitutional duty to act to take care that the laws be faithfully executed. Nothing could be a greater betrayal of this duty than to assist in insurrection against the constitutional order.”January 6 report expected to focus on Trump’s role and potential culpabilityRead moreThe committee accused Trump of breaching four federal criminal statutes, including those relating to obstructing an official proceeding of Congress, assisting an insurrection and conspiring to defraud the United States. It also alleged Trump committed seditious conspiracy – the same charge which a jury found two members of the rightwing Oath Keepers militia group guilty of last month.In his opening remarks, the committee’s Democratic chair, Bennie Thompson, said Trump broke voters’ trust by mounting a campaign to stay in office, despite overwhelming evidence that he had lost.“To cast a vote in the United States is an act of faith and hope. When we drop that ballot in the ballot box, we expect the people named on the ballot are going to uphold that end of the deal,” he said. “Donald Trump broke that faith. He lost the 2020 election and knew it. But he chose to try to stay in office through a multiparty scheme to overturn the results and blocked the transfer of power.”A major architect of that scheme was John Eastman, a lawyer for the president who the committee said laid much of the groundwork for the strategy to overturn Biden’s election win. According to their evidence, Eastman helped Trump pressure Vice-President Mike Pence to disrupt the certification of electoral votes, even though the lawyer knew doing so would be illegal. The lawmaker referred Eastman on conspiracy charges.The lawmakers also referred four Republican House representatives to the chamber’s ethics committee. The group includes Kevin McCarthy, the GOP leader who is expected to run for speaker of the House when the party takes control of the chamber next year, as well as Jim Jordan, a staunch ally of the former president.His spokesman Russell Dye called the referral “just another partisan and political stunt”.Finally, the committee urged the justice department to investigate efforts to obstruct its investigation, including by “certain counsel … who may have advised clients to provide false or misleading testimony to the Committee”.The referrals are largely a recommendation, but will arrive at a justice department already busy investigating the former president for crimes he may have committed during and after his time in office.The attorney general, Merrick Garland, last month appointed the veteran prosecutor Jack Smith to determine whether to charge Trump over the insurrection and his efforts to disrupt the peaceful transition of power. Smith is also handling the inquiry into whether Trump unlawfully retained government secrets after leaving the White House in January 2021. His decisions in those cases will have huge ramifications for the future of the former president, who has announced he will run for the White House again in 2024.On Wednesday, the panel is expected to release a lengthy report into the attack that left five people dead and spawned nearly 1,000 criminal cases. That may be the final word from the committee, which many Americans hoped would follow in the mold of the bipartisan group that investigated the 9/11 attacks, but quickly ran up against opposition from Trump and his allies.Created by an almost party-line vote in the Democratic-led House, the nine-member panel has two Republican lawmakers, Liz Cheney and Adam Kinzinger, both of whom were censured by their party for participating and won’t return to Congress next year.While Kinzinger opted not to run again, Cheney lost her primary to a Trump-backed candidate. In her final remarks as the panel’s vice-chair, Cheney recounted how Trump failed to act for hours as a mob of his supporters assaulted the Capitol.“No man who would behave that way, at that moment in time, can ever serve in any position of authority in our nation again,” Cheney said. “He is unfit for any office.”Their nine public hearings held this year featured in-person testimony from witnesses and recorded interviews that shed light on how the attack happened, but the lawmakers also resorted to issuing subpoenas to a host of uncooperative former Trump officials and allies, some of whom are facing jail time for refusing to comply.In its second-to-last hearing held in October, the committee publicly voted to subpoena documents and testimony from Trump. The former president went to court to stop the summons, and time appears to be on his side. The committee’s mandate runs out at the end of the year, and in 2023, the Republican House majority is almost certain not to continue its work.TopicsJanuary 6 hearingsDonald TrumpUS Capitol attackHouse of RepresentativesUS CongressUS justice systemUS politicsnewsReuse this content More

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      Ohio’s partisan supreme court election could decide abortion’s future in state

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      AnalysisOhio’s partisan supreme court election could decide abortion’s future in statePoppy NoorThe midterms include key elections to the state’s highest court as the judicial system becomes increasingly politicized In Ohio, a highly partisan fight over three state supreme court seats could determine the political direction of the court on a slew of important issues – particularly abortion.With the US supreme court increasingly handing issues such as voting rights, abortion, gun rights and gerrymandering back to the states, state supreme court races are becoming more important than ever.Abortion on the ballot: here are the US states voting on a woman’s right to chooseRead moreFew states illustrate how political these courts are becoming better than Ohio, where justices’ party affiliation will be listed on the ballot for the first time in the 8 November election, and where the justices on that court will soon determine the fate of the state’s six-week abortion ban that has been blocked and unblocked by lower courts since Roe v Wade was overturned early in the summer. Abortion is currently legal in the state up to 22 weeks, as the ban is being litigated.As a result of the stakes, more cash is also pouring into state supreme court races around the country from political action committees associated with the national parties. Fair Courts America, a Pac associated with the Republican party, has pledged $22.5m for state supreme court races this election cycle, to support conservative judicial candidates in Kentucky, Illinois, Louisiana, Michigan, North Carolina, Ohio and Texas.In Kentucky, that same Pac has donated $1.6m to three conservative judges vying for election. One of those judges, Joe Fischer, is a former Republican congressman who was the key sponsor of the state’s trigger ban on abortion that went into effect when Roe was overturned, as well as an anti-abortion referendum that’s being put to Kentucky voters next week.“People used to spend all their time looking at the federal constitution for protections, particularly when it came to individual rights. But now the US supreme court is basically saying these matters are better left resolved in the state courts and their state constitutions,” explains Bill Weisenberg, a former assistant executive director of the Ohio State Bar Association.In Ohio, after Roe fell, ending the federal constitutional right to abortion, the state implemented a ban on abortion after six weeks of pregnancy. That ban is currently being blocked by a lower state court, but ultimately, it will land with the state supreme court. And the election of certain justices will be pivotal in determining the future of the ban.The seven-justice Ohio supreme court currently has four Republican justices and three Democratic justices. The current chief justice, Maureen O’Connor, a Republican, is not seeking re-election this year because of age limits, so two other sitting justices, Republican Sharon Kennedy and Democrat Jennifer Brunner, will battle it out to replace her in the top spot. Two incumbent Republican justices, Pat DeWine and Pat Fischer will face Democratic challengers Marilyn Zayas and Terri Jamison, for seats on the court.O’Connor, the chief justice who is standing down, was a Republican-affiliated judge who was happy to break with the party line on issues such as gerrymandering. She has never openly indicated where she stands on abortion.But all three Republican justices up for election on Tuesday have stated on candidate surveys that they believe there is no constitutional right to abortion, according to local news, meaning their elections could strike a fatal blow to abortion rights in Ohio.They also came under fire in September for attending a Trump rally where the former president repeated baseless claims about the 2020 election being stolen, and for subsequently refusing to confirm that the results of the 2020 election were valid. One of those justices – Pat DeWine – is also under scrutiny for having liked a tweet promoting a conspiracy theory about the violent attack on the husband of the House speaker, Nancy Pelosi, asking “what are they hiding?” He has since said he clicked “like” inadvertently.Meanwhile, Zayas, Jamison and Brunner have publicly stated that they believe the Ohio constitution protects the right to abortion.Weisenberg cautions that neither political affiliation, nor what a justice indicates of their views before their election, are watertight indicators for how they will rule once they are on the supreme court. “People are surprised sometimes when they read the opinion and it’s not in keeping with where they thought the justice would lean, or what they had said on a prior occasion,” he said.Indeed, the US supreme court justices Brett Kavanaugh and Samuel Alito indicated they believed the constitutional right to abortion was settled precedent before being confirmed to the court.TopicsOhioAbortionReproductive rightsRoe v WadeUS justice systemUS midterm elections 2022US politicsanalysisReuse this content More

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      Federal judge supports seizure of John Eastman’s cell phone for January 6 inquiry

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      Federal judge supports seizure of John Eastman’s cell phone for January 6 inquiryThe US Justice Department seized the phone of Donald Trump’s former lawyer in June; Eastman filed a motion to get it back The US Justice Department was justified when it seized the cell phone of John Eastman, a former lawyer for Donald Trump, a federal judge in New Mexico ruled on Friday.In its investigation into a scheme by the ex-president and his lawyers to overturn the 2020 election using “fake electors”, the justice department took Eastman’s phone on 22 June as he was leaving a restaurant in New Mexico. Eastman, in turn, filed a court motion in an attempt to get his phone back, arguing that the justice department violated his constitutional rights.January 6 panel examines whether erased Secret Service texts can be revivedRead moreFederal district court judge Robert Brack said in a court document Friday that the department had a right to seize his cell phone, noting the government had a substantial “interest in investigating the January 6 attacks on the Capitol”, which Trump’s supporters staged on the day congress certified his defeat at the hands of the Joe Biden. He noted that the justice department has said it will not go through Eastman’s phone until they get a second warrant to do so.“The court is relying to a considerable extent on the assertion in the warrant that the investigative team will not examine the contents of the phone until it seeks a second warrant,” the ruling said. Brack gave the justice department until 27 July to update the court on whether it has applied for a second warrant.The justice department’s investigation into the plot to overturn the election has – with help from witness testimony in the recent January 6 committee hearings on the insurrection – zeroed in on Eastman as a key figure in Trump’s 11th-hour plan to keep himself in the Oval Office.Eastman told Trump that Mike Pence, in his role as vice-president, could single-handedly interfere with the largely symbolic certification of the electoral college that showed Biden as winner of the presidential election. Eastman and Trump tried to convince the vice-president then to hold up the proceedings, but Pence denied that he had the legal right to do so and refused to cooperate.Pence’s legal advisers told the January 6 committee that he had to fend off mounting pressure from Eastman to go along with the plan.“There was no basis in the constitution or laws of the United States, at all, for the theory espoused by Mr Eastman. At all. None,” Michael Luttig, a retired federal judge who served as an adviser to Pence in the weeks after the election, told the January 6 committee last month.In a civil case involving Eastman, a federal judge said in March that it appears both Eastman and Trump committed multiple felonies as they “dishonestly conspired to obstruct the joint session of Congress on January 6 2021”.TopicsUS justice systemDonald TrumpJanuary 6 hearingsUS politicsnewsReuse this content More