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    Supreme court rejects Trump bid to shield documents from January 6 panel

    Supreme court rejects Trump bid to shield documents from January 6 panelCourt’s move leaves no legal impediment to turning National Archives documents over to congressional committee The US supreme court has rejected a request by Donald Trump to block the release of White House records to the congressional committee investigating the deadly January 6 attack on the Capitol, dealing a blow to the former president.The order, which casts aside Trump’s request to stop the House select committee from obtaining the records while the case makes its way through the courts, means more than 700 documents that could shed light on the attack can be transferred to Congress.The only member of the high court who signaled he would have granted Trump’s request for an injunction was justice Clarence Thomas. The order did not provide a reasoning for turning down the application, which is not uncommon for requests for emergency stays.Trump’s defeat in court allows the select committee to obtain from the National Archives some of the most sensitive White House records from his administration, including call logs, daily presidential diaries, handwritten notes and memos from his top aides.The documents, which Trump tried to shield behind claims of executive privilege, also included materials in the files of his former White House chief of staff Mark Meadows, deputy counsel Pat Philbin and advisor Stephen Miller.“These records all relate to the events on or about January 6, and may assist the Select Committee’s investigation into that day,” justice department attorneys, acting on behalf of chief archivist David Ferriero, wrote in an earlier filing.The supreme court’s action, which follows the earlier rejection of Trump’s request by two lower courts, is also likely to have a cascading effect on other lawsuits filed against the panel, which hinged on the success of Trump’s pending litigation.Lawyers for Trump had urged the supreme court to take the case as they disagreed with the unanimous ruling of the US appeals court for the DC circuit that the current president Joe Biden could waive executive privilege over the objections of a former president.The lower court rulings directing the National Archives to turn over the records “gut the ability of former presidents to maintain executive privilege over the objection of an incumbent, who is often, as is the case here, a political rival”, they said.Trump’s legal team argued that the select committee also lacked a legitimate, legislative need for seeking the documents and was instead engaged in a partisan investigation seeking evidence to cause political damage to the former president.“These sweeping requests are indicative of the committee’s broad investigation of a political foe, divorced from any of Congress’s legislative functions,” Trump’s lawyers said of the panel.But in an unsigned opinion, the nation’s highest court rejected those arguments, upholding the appellate court ruling that found that although Trump had some limited power to exercise executive privilege, it was not sufficient to overcome Biden’s waiver.The court cited a 1977 supreme court decision in a dispute between former president Richard Nixon and the National Archives, which said the sitting president was in the best position to decide whether the protection should be asserted.The appeals court said that as long as the select committee could cite at least one legislative purpose for the documents – reforming laws to prevent a repeat of January 6, for instance – that would be enough to justify its request for Trumps’ records.The select committee has also rebutted Trump’s claim that forcing the National Archives to hand over White House documents could discourage future presidential aides from providing candid advice.That argument was misguided, the select committee said, because the conduct by Trump and some of his most senior aides under investigation went far beyond any usual deliberations concerning a president’s official duties.Moments after the supreme court handed down its decision, investigators working in the select committee’s offices on Capitol Hill were heard clapping in celebration, just as the panel subpoenaed more individuals connected to the January 6 insurrection.In its latest investigative action, the panel issued subpoenas to far-right Trump activists Nicholas Fuentes and Patrick Casey who received thousands of dollars in funds potentially connected to illegal activity and the Capitol attack.The new subpoenas demanding documents and testimony from Fuentes and Casey suggest the panel is drawing closer to the source of funding for the rallies that preceded the Capitol attack and the coordinated travel plans of thousands of pro-Trump rioters.Congressman Bennie Thompson, the chairman of the select committee, said that House investigators are interested in the pair since they were intimately involved in the transfer of money surrounding the Capitol attack and were present on Capitol grounds on January 6.The select committee said in the subpoena letters that Fuentes and Casey led the “America First” or “Groyper” movement and promulgated lies about voter fraud as they sought to stop the certification of Joe Biden’s election win and get Trump a second term.TopicsDonald TrumpUS supreme courtLaw (US)Trump administrationUS Capitol attackUS politicsnewsReuse this content More

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    The Guardian view of Joe Biden: he needs to face opponents within – and without

    The Guardian view of Joe Biden: he needs to face opponents within – and withoutEditorialIf the president can’t build better he won’t be back. Instead Donald Trump might return The US president, Joe Biden, suffered his worst day in office – so far – last Thursday. Mr Biden had begun that morning hoping to convince his party to support his push to change Senate rules to pass two voting rights bills. Even before he got a chance to make his case, Senator Kyrsten Sinema, a rightwing Democrat, rejected the president’s plan. At a stroke, two key parts of Mr Biden’s agenda – racial justice and democracy – appear stalled. On the same day, the US supreme court struck down the Biden administration’s requirement for businesses to make employees either be vaccinated against Covid-19 or test weekly and wear a mask at work. The president’s pledge to lift the threat of the pandemic won’t be redeemed any time soon.Mr Biden’s opponents paint him as a leader of drift and dwindling energy. If this view settles, then it’ll be ​​an image hard to shift. There’s little room for reassessment in politics. That is why the president must change course and have a clear-eyed view of his opponents within and without. The “moderate” wing of the Democratic party has already gutted the president’s climate plans. These Democrats, like most Republicans, depend on a donor class which wants to ​​render legislation inert that would hit corporate profits.On the campaign trail Mr Biden said he would deal with the threat. In office he has not done so. The president faces a concerted campaign of leveraging money to protect money. Employers claimed that his “vaccine-or-test” mandate would cost billions of dollars to implement. A number of Republican-dominated states have fought its imposition. Covid-19 has killed almost a million Americans and hospitals are overwhelmed with unvaccinated patients. Conservative judges share an ideological aim with the Republican party to dismantle the system – at the cost of American lives during a pandemic – which permits the federal government to repeal unfair state laws.Mr Biden’s problem is that, on paper, the Democrats seem unassailable: controlling both houses of Congress and the presidency. But this is far from the case. Democrats were once something of a “party of state”. They controlled both the House and the Senate between 1933 and 1981, interrupted only by two brief Republican interludes. The Democrats won the presidency two-thirds of the time during this period. Today neither party perceives itself as a permanent majority or permanent minority. This helps to polarise politics as party differences cut against collaboration.Slim majorities now make radical change. Democrats demonstrated this with Obamacare. Republicans did the same with taxes in 2017. Bernie Sanders advises the Democrats to boil down their offer to its most popular elements and hold votes to extend child tax credits, cut drug prices and raise the federal hourly minimum wage to $15. This feels right and ought to appeal to Mr Biden: putting Democrats on the right side, and Republicans on the wrong side, of public opinion before November’s midterm elections. The stakes could not be higher. Maureen Dowd in the New York Times warned: “Joe Biden better Build Better or he won’t be Back”. That might open the door to Donald Trump – or someone worse.TopicsJoe BidenOpinionUS politicsRepublicansDemocratsUS supreme courtUS CongresseditorialsReuse this content More

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    US supreme court blocks Biden’s workplace vaccine-or-test rules

    US supreme court blocks Biden’s workplace vaccine-or-test rulesCourt says vaccine mandate for healthcare workers is validPresident to purchase another 550m at-home Covid tests The supreme court on Thursday blocked the Biden administration from enforcing a requirement that employees at large businesses be vaccinated against Covid-19 or undergo weekly testing and wear a mask on the job.Sinema speaks out against filibuster reform after House sends voting rights bill to Senate – liveRead moreAt the same time, the court is allowing the administration to proceed with a vaccine mandate for most healthcare workers in the US.The court’s conservative majority concluded the administration overstepped its authority by seeking to impose the Occupational Safety and Health Administration’s (Osha) vaccine-or-test rule on US businesses with at least 100 employees. More than 80 million people would have been affected.“Osha has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the Covid-19 pandemic, it has declined to enact any measure similar to what Osha has promulgated here,” the conservatives wrote in an unsigned opinion.In dissent, the court’s three liberals argued that it was the court that was overreaching by substituting its judgment for that of health experts. “Acting outside of its competence and without legal basis, the court displaces the judgments of the government officials given the responsibility to respond to workplace health emergencies,” Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote in a joint dissent.When crafting the Osha rule, White House officials always anticipated legal challenges – and privately some harbored doubts that it could withstand them. The administration nonetheless still views the rule as a success at already driving millions of people to get vaccinated and for private businesses to implement their own requirements that are unaffected by the legal challenge.Both rules had been challenged by Republican-led states. In addition, business groups attacked the Osha emergency regulation as too expensive and likely to cause workers to leave their jobs at a time when finding new employees already is difficult.The vaccine mandate that the court will allow to be enforced nationwide covers virtually all healthcare workers in the country. It applies to healthcare providers that receive federal Medicare or Medicaid funding, potentially affecting 76,000 health care facilities as well as home health care providers. The rule has medical and religious exemptions.Earlier on Thursday, Biden announced plans to send 1,000 military medical personnel to hospitals and medical facilities, the president said on Thursday, as he announced plans to purchase another 500m at-home Covid tests.The military members will begin arriving in states across the country next week, amid a surge in cases largely attributed to the Omicron variant. This week a top government official admitted it was likely that most Americans would be infected with the coronavirus.Biden to meet Senate Democrats in bid to revive voting rights pushRead moreOn Tuesday the US recorded a record number of hospitalisations due to Covid-19 as daily infections soared to more than 1.35m. A test kit shortage across the country continues to hamper efforts to control the Omicron variant, but a silver lining has emerged, with signs that Omicron may be peaking in parts of the north-east.In New York City the number of new cases has flattened in recent days, the New York Times reported, while New Jersey and Maryland have seen a slight decrease in the number of infections.“Every case is one too many, but if you watch the trend line, it looks like we may be cresting over that peak,” Kathy Hochul, governor of New York, said in a briefing this week.“We are not at the end, but this is a glimmer of hope when we desperately need that.”Speaking at the White House on Thursday, Biden said his administration would double its order of home test kits, which will be delivered free of charge to Americans, to 1bn.The White House announced it would purchase 500m tests in December, but those tests are yet to be distributed.“I know we’re all frustrated as we enter this new year,” Biden said, as he noted that virus cases have reached new heights. But he insisted that it remains “a pandemic of the unvaccinated”.Biden said a website where people can request tests will launch next week. The president also announced that, for the first time, his administration was planning to make high-quality N95 masks, which are most effective at preventing transmission of the virus, available free.The 1,000 members of the military will help mitigate staffing crunches at hospitals across the country, Biden said, with many facilities struggling because their workers are in at-home quarantines due to the virus at the same time as Covid-19 cases have surged.They will supplement the more than 800 military personnel who have already been helping civilian hospitals since Thanksgiving, and the more than 14,000 national guard members who are assisting with testing and vaccinations.This week Janet Woodcock, the acting head of the Food and Drug Administration, said most Americans were likely to contract coronavirus.“I think it’s hard to process what’s actually happening right now, which is [that] most people are going to get Covid, all right?” Woodcock said.Biden also announced that six additional military medical teams will be deployed to hospitals in Michigan, New Jersey, New Mexico, New York, Ohio and Rhode Island.The US leads the world in the daily average number of new infections reported, accounting for one in every three infections reported worldwide, according to a Reuters tally.TopicsUS politicsCoronavirusJoe BidenUS supreme courtnewsReuse this content More

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    Biden health chief endures Fox News grilling over mixed Covid messaging

    Biden health chief endures Fox News grilling over mixed Covid messagingAs supreme court ponders workplace vaccine mandate, CDC director Rochelle Walensky seeks to set record straight Facing accusations of confusing messaging about the Omicron Covid surge, a senior Biden administration official was forced on to the back foot on Sunday by a supreme court justice’s mistaken remark about hospitalisations among children.Omicron could be ‘first ray of light’ towards living with CovidRead moreDuring oral arguments over a vaccinations mandate for private employers, the liberal justice Sonya Sotomayor said on Friday the US had “over 100,000 children, which we’ve never had before, in serious condition and many on ventilators”.Reporters were swift to point out she was wrong. Though concern about children and Omicron is widespread, the Washington Post cited official data in saying there were “about 5,000 children hospitalised … either with suspected Covid or a confirmed laboratory test”.According to Johns Hopkins University, more than 836,000 people have died of Covid in the US. More than 206 million Americans, or 62.5% of the eligible population, are considered fully vaccinated.The Covid response has been dogged by resistance to vaccines and other public health measures stoked by politicians and rightwing media prominently including Fox News.Nonetheless, critics charge that official messaging has become muddled, not least over the recent decision to cut recommended quarantine from 10 days to five, and confusion about when or if the infected should test again.Earlier this week, it was reported that Dr Rochelle Walensky, director of the federal Centers for Disease Control and Prevention, was undergoing media training. She also told told reporters she was “committed to improve” communications.Walensky was interviewed on Fox News Sunday. In Bret Baier, she faced perhaps Fox’s toughest interviewer, after the departure of Chris Wallace. It was not an easy experience.Baier asked: “The supreme court is in the process of dealing with this big issue about mandates. Do you feel it is the responsibility of the CDC director to correct a very big mischaracterisation by one of the supreme court justices?”“Yeah,” said Walensky. “Here’s what I’ll tell you. I’ll tell you that right now, if you’re unvaccinated, you’re 17 times more likely to be in the hospital and 20 times more likely to die than if you’re boosted.“And so my responsibility is to provide guidance and recommendations to protect the American people. Those recommendations strongly recommend vaccination for our children above the age of five and boosting for everyone above the age of 18 if they’re eligible.”Baier asked if the administration knew how many children were on ventilators.“I do not have that off the top of my head,” Walensky said. “But what I can say is I don’t believe there are any in many of these hospitals who are vaccinated.“So really, the highest risk of being on a ventilator for a child is if you’re unvaccinated. We also have recent data out just this week that’s demonstrated that dangerous MIS-C syndrome that we’re seeing in children, 91% protection if you’ve been vaccinated.”Baier said: “The risk of death or serious illness in children is still very small, right?”Walensky said: “Comparatively, the risk of death is small. But of course, you know, children are not supposed to die. So you know, if we have a child who is sick with Covid-19, we want to protect them.”Baier said: “Officially, you emphasise that one of your primary goals was to restore public trust, but do you think it’s fair to say that the trust and confidence of the public has gone down with the CDC?”“You know,” Walensky said, “this is hard. We have ever-evolving science with an ever-evolving variant and my job is to provide updated advice in the context of rapidly rising cases. And that is what we’ve done and I’m here to explain it to the American people and I am committed to continuing to do so and to continuing to improve.”Baier said: “We appreciate you coming on, we really do. Just getting facts out there.”Most observers think the supreme court, tilted 6-3 in favour of conservatives after three appointments under Donald Trump, seems likely to strike down the workplace mandate. The rule is due to come into effect on Monday.Baier said: “The questioning in the supreme court also said that Omicron was as deadly as Delta. That is not true, right?”Omicron drives Covid surge but New York a long way from pandemic’s early daysRead moreWalensky said: “We are starting to see data from other countries that indicate on a person-by-person basis it may not be. However, given the volume of cases that we’re seeing with Omicron we very well may see death rates rise dramatically.”Asked if mandates for private employers or government employees including members of the armed forces were necessary if prior infection conferred protection, Walensky said: “I think the thing that’s most disruptive to any business or industry has to have half their workforce out because they’re sick with Covid.”Such is the case in New York City, where essential services are struggling for staff.“We have seen with the Omicron variant,” Walensky added, “that prior infection protects you less well than it had … with prior variants.“Right now, I think the most important thing to do is to protect Americans. We do that by getting them vaccinated and getting them boosted.”TopicsBiden administrationUS politicsUS supreme courtLaw (US)Vaccines and immunisationOmicron variantnewsReuse this content More

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    DC media makes meal of supposed Sotomayor restaurant sighting

    DC media makes meal of supposed Sotomayor restaurant sightingNewsletter reports supreme court justice dined with Democrats after incorrectly identifying Chuck Schumer’s wife as the justice

    Ted Cruz seeks to move on from Tucker Carlson mauling
    The most Washington website of all was forced to issue a diplomatic correction on Saturday, in a second recent iteration of perhaps the most Washington story of all: mistaken reporting about diners at Le Diplomate, a restaurant popular with DC politicos.‘When QAnon and the Tea Party have a baby’: Ron Johnson will run again for US SenateRead moreThe website in question was Politico, the capital and Capitol-covering tipsheet which with characteristic capitals informed readers of its Playbook email: “SPOTTED: Speaker NANCY PELOSI, Senate Majority Leader CHUCK SCHUMER, Sen[ators] AMY KLOBUCHAR (D-Minn) and DICK DURBIN (D-Ill) and Justice SONIA SOTOMAYOR dining together at Le Diplomate on Friday night.”The email also offered readers a “pic from our intrepid tipster”.Alas, it did not show Sotomayor.The “pic” showed French café tables, waiters, diners and a woman turning from her dessert to talk to Klobuchar, who was maskless and sitting opposite a masked-up Durbin. Schumer’s distinctive hairline could be seen next to Durbin and Pelosi could be seen, also maskless, to the right of a dark-haired woman with her back turned: supposedly the supreme court justice.Politico might have paused before pressing send. Not only could the supposed Sotomayor’s face not be seen but only last month another supposed scandal at “Le Dip” proved to be a “le flop”.Then, a former Republican aide tweeted that Pete Buttigieg, the transportation secretary, and his husband, Chasten Buttigieg, had been turned away.In fact, they were being seated outside. Politico covered the slip, reporting: “Within minutes we at Playbook were looped into this seemingly momentous news and were pretty excited ourselves to write about it today. Alas, our enthusiasm was dashed when we heard back from a Buttigieg spox who said there was nothing to it.”On Friday, a Sotomayor sighting would have been news. One of three liberal justices on the supreme court, she had not appeared in person for oral arguments earlier, over Joe Biden’s Covid vaccine mandate for private employers.Furthermore, in that hearing she had made an inaccurate claim about the Omicron-fuelled Covid-19 surge, saying: “We have over 100,000 children, which we’ve never had before, in serious condition and many on ventilators.”As the Washington Post fact-checker put it, that was “wildly incorrect”, as “according to HHS data, as of 8 January there are about 5,000 children hospitalised … either with suspected Covid or a confirmed laboratory test”.The Politico photo also came amid continuing speculation about when or if another liberal, Stephen Breyer, might retire, thereby giving Joe Biden a pick for the court before possible loss of the Senate. Schumer would shepherd any nominee into place.Alas for Politico, it soon became clear its tipster was wrong. The woman in the picture was Iris Weinshall, the chief operating officer of the New York Public Library, who is married to Schumer. A correction ensued but to make matters worse, Weinshall was initially identified only by her husband’s name. To make matters worse still, Schumer’s office told other outlets that unlike in le grande affaire de Buttigieg, Politico had not called to check on the tip from “Le Dip”.Politico acknowledged the slip and said standards had not been met.“We deeply regret the error,” it said.TopicsWashington DCUS politicsSonia SotomayorUS supreme courtChuck SchumerNancy PelosiAmy KlobucharnewsReuse this content More

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    Capitol attack panel in race against time as Trump allies seek to run out clock

    Capitol attack panel in race against time as Trump allies seek to run out clock A barrage of delay tactics as Republicans are expected to do well in 2022 midterms that would give them control to shut down inquiryThe House select committee investigating the 6 January attack on the Capitol is facing a race against time in 2022 as Trump and his allies seek to run out the clock with a barrage of delay tactics and lawsuits.Bannon and allies bid to expand pro-Trump influence in local US politicsRead moreRepublicans are widely expected to do well in this year’s midterm elections in November and, if they win control of the House, that would give them control to shut down the investigation that has proved politically and legally damaging to Trump and Republicans.The select committee opened its investigative efforts into the 6 January insurrection, when a pro-Trump mob stormed the Capitol to stop the certification of Joe Biden’s election win, with a flurry of subpoenas to Trump officials to expedite the evidence-gathering process.But aside from securing a trove of documents from Trump’s former White House chief of staff Mark Meadows, the select committee has found itself wading through molasses with Trump and other top administration aides seeking to delay the investigation by any means possible.The former US president has attempted to block the select committee at every turn, instructing aides to defy subpoenas from the outset and, most recently, launching a last-ditch appeal to the supreme court to prevent the release of the most sensitive of White House records.His aides are following Trump in lockstep as they attempt to shield themselves from the investigation, doing everything from filing frivolous lawsuits to stop the select committee obtaining call records to invoking the fifth amendment so as to not respond in depositions.The efforts amount to a cynical ploy by Republicans to run out the clock until the midterms and use the election calendar to characterize the interim report, which the bipartisan select committee hopes to issue by the summer, as a political exercise to damage the GOP.The select committee, sources close to the investigation say, is therefore hoping for a breakthrough with the supreme court, which experts believe will ensure the panel can access the Trump White House records over the former president’s objections about executive privilege.“I think the supreme court is very unlikely to side with Trump, and part of it is the nature of executive privilege – it’s a power belonging to the President,” said Jonathan Shaub, a former DoJ office of legal counsel attorney and law professor at the University of Kentucky.“It’s hard to see how a former president could exercise constitutional power under a theory where all the constitutional powers are vested in the current president, so I think Trump is very likely to lose or the court may not take the case,” Shaub said.Members on the select committee note that several courts – the US district court and the US appeals court – have already ruled that Biden has the final say over which White House documents are subject to executive privilege, and that the panel has a legislative purpose.A victory for the select committee at the supreme court is important, members believe, not only because it would give them access to the records Trump has fought so hard to keep hidden, but because it would supercharge the inquiry with crucial momentum.The select committee got its first break when House investigators obtained from Meadows thousands of communications involving the White House, including a powerpoint detailing ways to stage a coup, and are hoping the supreme court can help to sustain their pace.“It’s pretty clear that these documents are serious documents that shed light on the president’s activities on January 6 and that may be quite damaging for Trump,” said Kate Shaw, a former Obama White House counsel and now a professor at the Cardozo School of Law.“They could make a difference to the record being compiled by the committee and thus they could give the process additional momentum,” Shaw said. “That’s probably why Trump is resisting their release as hard as he is.”More generally, the select committee says they are unconcerned by attempts by Trump aides and political operatives to stymie the inquiry, since Democrats control Washington and the panel has an unprecedented carte blanche to upturn every inch the Trump administration.“The legislative and executive branches are completely in agreement with each other, that this material is not privileged and needs to be turned over to Congress,” said congressman Jamie Raskin, a member of the select committee. “Things have been moving much more quickly.”But the select committee acknowledges privately that they face a longer and more difficult slog with Trump aides and political operatives who are mounting legal challenges to everything from the panel’s attempts to compel production of call records and even testimony.The trouble for the select committee, regardless of Democrats’ controlling the White House, Congress and the justice department, is that they are counting on the courts to deliver accountability for Trump officials unwilling to cooperate with the inquiry.Yet Trump and his officials know that slow-moving cogs of justice have a history of doing nothing of the sort. House investigators only heard from former Trump White House counsel Don McGahn this past summer, years after the end of the special counsel investigation.The House has not even been able to obtain Trump’s tax returns – something Democrats have been fighting to get access to since they took the majority in 2018 – after repeated appeals from the former president despite repeated defeats in court.Trump and his aides insist they are not engaged in a ploy to stymie the investigation, though they admit to doing just that in private discussions, according to sources close to the former president.When the select committee issued its first subpoenas to his former aides Mark Meadows, Dan Scavino, Steve Bannon and Kash Patel, Trump’s lawyers told their lawyers to defy the orders because it would likely serve to slow down the investigation, the sources said.The result of Trump’s directive – first reported by the Guardian – is that Bannon and Meadows refused to appear for their depositions, and the select committee now may never hear their inside information about the Capitol attack after they were held in contempt of Congress.It remains possible that Bannon and Meadows seek some kind of a plea deal with federal prosecutors that involves providing testimony to the select committee in exchange for no jail time, but the court hearing for Bannon, for instance, is scheduled late into the summer.The reality for House investigators is that the cases are now in the hands of a justice department intent on proving it remains above the political fray after years of Trump’s interference at DoJ, and therefore indifferent to the time crunch felt by the 6 January committee.The situation for the select committee may be even trickier with Republican members of Congress involved in 6 January, as they just need to stonewall the investigation only through the midterms, before which the panel hopes to release an interim report into their findings.A spokesperson for the select committee declined to comment on the outlook for the investigation and their expectations for the supreme court hearing in the case against Trump, which the panel, cognizant of their limited timeframe, has asked to expedite.Bennie Thompson, the chairman of the select committee, originally aimed to have the final report completed before the midterm elections, but the efforts by the most senior Trump officials to delay the investigation means he could need until the end of the year.Either way, sources close to the investigation told the Guardian, the select committee is hoping that the supreme court will deliver the elusive Trump White House records – and that it could pave the way for the investigation to shift into yet another higher gear.TopicsUS Capitol attackUS politicsHouse of RepresentativesRepublicansUS supreme courtnewsReuse this content More

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    Sarah Weddington, attorney who won Roe v Wade abortion case, dies aged 76

    Sarah Weddington, attorney who won Roe v Wade abortion case, dies aged 76Texan lawyer and Linda Coffee won landmark 1973 case, safeguarding right now under threat from US supreme court

    How dismantling Roe v Wade would threaten other rights
    Sarah Weddington, an attorney who argued and won the Roe v Wade supreme court case which established the right to abortion in the US, has died aged 76.Susan Hays, a Democratic candidate for Texas agriculture commissioner, announced the news on Twitter on Sunday and the Dallas Morning News confirmed it.“Sarah Weddington died this morning after a series of health issues,” Hays wrote. “With Linda Coffee, she filed the first case of her legal career, Roe v Wade, fresh out of law school. She was my professor … the best writing instructor I ever had, and a great mentor.“At 27 she argued Roe to [the supreme court] (a fact that always made me feel like a gross underachiever). Ironically, she worked on the case because law firms would not hire women in the early 70s, leaving her with lots of time for good trouble.”The court ruled on Roe v Wade in 1973. Nearly 50 years later the right it established is under threat from a supreme court packed with hardline conservatives, in part thanks to a Texas law that drastically restricts access and offers incentives for reporting women to authorities.In 2017, speaking to the Guardian, Weddington predicted such a turn of events. “If [Neil] Gorsuch’s nomination is approved, will abortion be illegal the next day? No. One new judge won’t necessarily make much difference. But two or three might.”After steering Gorsuch on to the court – and a seat held open by Senate Republican leader Mitch McConnell when Barack Obama was president – Donald Trump installed Brett Kavanaugh and Amy Coney Barrett. Barrett replaced the late Ruth Bader Ginsburg, a champion of women’s rights.Weddington found her way to Roe v Wade soon after graduating from law school at the University of Texas. Represented by Weddington and Coffee, Norma McCorvey became the plaintiff known as “Jane Roe” in Roe v Wade. McCorvey became an evangelical Christian and opponent of abortion. She died in 2017.In her Guardian interview, Weddington discussed arguing the case in federal court. “I was very nervous,” she said. “It was like going down a street with no street lights. But there was no other way to go and I didn’t have any preconceived notions that I would not win.”She won, but the case continued.“Henry Wade, the district attorney, unwittingly helped us,” she said. “At a press conference, he said, ‘I don’t care what any court says; I am going to continue to prosecute doctors who carry out abortion.’ There was a procedural rule that said if local elected officials continue to prosecute after a federal court had declared a law unconstitutional, there would be a right to appeal to the supreme court.”‘Historical accident’: how abortion came to focus white, evangelical angerRead moreBefore the court in Washington, Weddington said: “It was impossible to read the justices’ faces. The attorney on the other side started by saying something inappropriate about arguing a case against a beautiful woman. He thought the judges would snicker. But their faces didn’t change a bit.“I had to argue it twice in the supreme court: in 1971 and again in 1972. On 22 January 1973 I was at the Texas legislature when the phone rang. It was a reporter from the New York Times. ‘Does Miss Weddington have a comment today about Roe v Wade?’ my assistant was asked. ‘Why?’ she said. ‘Should she?’“It was beginning to be very exciting. Then we got a telegram from the supreme court saying that I had won 7-2 and that they were going to air-mail a copy of the ruling. Nowadays, of course, you’d just go online.“I was ecstatic, and more than 44 years later we’re still talking about it.”Weddington later revealed that she had an abortion herself, in 1967. “Just before the anaesthesia hit,” she said, “I thought: ‘I hope no one ever knows about this.’ For a lot of years, that was exactly the way I felt. Now there’s a major push to encourage women to tell their stories so people will realise that it is not a shameful thing. One out of every five women will have an abortion.”Weddington predicted: “Whatever else I do in my life, the headline on my obituary is always going to be ‘Roe v Wade attorney dies’.”In fact she achieved much more, as Hays detailed in her tweets on Sunday. “Those career doors shut to her led her to run for office, getting elected as the first woman from Travis county in the [Texas legislature] in 1972 (along with four other women elected to the House: Kay Bailey, Chris Miller, Betty Andujar and Senfronia Thompson).“She was general counsel of the United States Department of Agriculture under [Jimmy] Carter and enjoyed her stint in DC. Federal judicial nominations for Texas were run by her as a high-ranking Texan in the administration.“A Dallas lawyer she knew sought a bench. She had interviewed with him while at UT law. He’d asked her, ‘What will we tell our wives if we hire you?’ She told him he was wasting their time and hers and walked out of the interview. He did not get the judgeship.“Ever the proper preacher’s daughter, she would never tell me who the lawyer was. People don’t know that about Sarah. She was such a proper Methodist minister’s daughter. One of the few people I couldn’t cuss in front of.”Hays also paid tribute to Weddington as a teacher and a member of a “Great Austin Matriarchy” that also included the former Texas governor Ann Richards and the columnist Molly Ivins.In her Guardian interview, Weddington indicated she was at peace with being remembered for Roe v Wade. “I think most women of my generation can recall our feelings about the fight,” she said. “It’s like young love. You may not feel exactly the same, but you remember it.”TopicsRoe v WadeAbortionUS politicsUS healthcareUS supreme courtUS constitution and civil libertiesLaw (US)newsReuse this content More

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    Trump asks supreme court to block release of 6 January records

    Trump asks supreme court to block release of 6 January recordsAn appeals court ruled against the former US president two weeks ago but prohibited documents from being turned over Donald Trump turned to the supreme court Thursday in a last-ditch effort to keep documents away from the House committee investigating the 6 January insurrection at the Capitol.A federal appeals court ruled against the former US president two weeks ago, but prohibited documents held by the National Archives from being turned over before the supreme court had a chance to weigh in. Trump appointed three of the nine justices.Michael Flynn sues Capitol attack committee in bid to block subpoenaRead moreTrump is claiming that as a former president he has right to assert executive privilege over the records, arguing that releasing them would damage the presidency in the future.But Joe Biden determined that the documents were in the public interest and that executive privilege should therefore not be invoked.The documents include presidential diaries, visitor logs, speech drafts, handwritten notes “concerning the events of January 6” from the files of former chief of staff Mark Meadows, and “a draft executive order on the topic of election integrity”, the Archives has said.The House committee has said the records are vital to its investigation into the run-up to the deadly riot that was aimed at overturning the results of the 2020 presidential election.TopicsDonald TrumpUS Capitol attackUS politicsUS supreme courtLaw (US)newsReuse this content More