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      Judges rule against Trump administration on deporting Guatemalan children and Venezuelans

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      The Trump administration has been handed a double defeat by judges in immigration cases, barring the executive branch from deporting a group of Guatemalan children and from slashing protections for many Venezuelans in the US.A federal judge on Thursday ordered the administration to refrain from deporting Guatemalan unaccompanied immigrant children with active immigration cases while a legal challenge plays out.Judge Timothy Kelly, a Trump appointee based in Washington DC, kept in place an earlier judicial block on the policy, sharply criticizing the administration’s unproven assertion that the children’s parents wanted them deported.The administration attempted to deport 76 Guatemalan minors being held in US custody in a surprise move in the early morning on 31 August, sparking a lawsuit and emergency hearing that temporarily halted the move.The Department of Justice lawyer Drew Ensign initially said that the children’s parents had requested they be returned home, but the department later withdrew that claim. Reuters published a Guatemalan government report saying that most parents of the roughly 600 Guatemalan children in US custody could not be contacted and of those who could, many did not want their children forced back to the country.Kelly said the justice department’s explanation “crumbled like a house of cards” in light of that report.The Department of Homeland Security (DHS) and the justice department did not immediately respond to requests for comment.Kelly said some children were unexpectedly taken from their shelter beds in the middle of the night, driven to the airport and, in some cases, put on planes, leaving them worried and confused. At one shelter in McAllen, Texas, a young girl was so scared that she vomited, Kelly wrote, citing evidence submitted in the case.Immigrant children who arrive at US borders without a parent or guardian are classified as unaccompanied and sent to federal government-run shelters until they can be placed with a family member or foster home, a process outlined in federal law.Meanwhile, late on Wednesday, a federal appeals court rejected an attempt by the Trump administration to set aside a judge’s order holding that it unlawfully rolled back temporary protections from deportation granted to 600,000 Venezuelans living in the US.A three-judge panel of the San Francisco-based ninth US circuit court of appeals declined to pause a judge’s 5 September ruling holding that the homeland security secretary, Kristi Noem, lacked the authority to end the program, known as temporary protected status or TPS.“Vacating and terminating Venezuela’s TPS status threw the future of these Venezuelan citizens into disarray, and exposed them to a substantial risk of wrongful removal, separation from their families, and loss of employment,” the panel said.The justice department has said that if a stay were denied, it might take the case to the US supreme court, which in May put on hold an earlier injunction Chen issued and cleared the way for the administration to end temporary protections for about 348,000 of the Venezuelans at issue.skip past newsletter promotionafter newsletter promotionTricia McLaughlin, a spokesperson for the DHS, in a statement said the ninth circuit’s ruling “is nothing short of open defiance against the US Supreme Court”. The administration had contended the supreme court’s May decision meant Chen’s latest ruling had to be similarly paused.“Luckily for us, and for all Americans, the Ninth Circuit is not the last stop,” McLaughlin said.TPS is available to people whose home country has experienced a natural disaster, armed conflict or other extraordinary event. It provides eligible migrants with work authorization and temporary protection from deportation. The program was created in 1991 and extended under Joe Biden to cover about 600,000 Venezuelans and 521,000 Haitians. Noem reversed the extensions, saying they were no longer justified, prompting legal challenges.Chen’s decision had also applied to 521,000 Haitians. The administration did not ask the ninth circuit to put that part of Chen’s ruling on hold as a second judge in New York had already blocked the revocation of the Haitians’ status. More

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      Trump says military carried out strike on alleged Venezuelan drug cartel vessel

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      Donald Trump said on Monday that the United States had carried out a strike on a second Venezuelan boat and killed three alleged terrorists he claimed were transporting drugs, expanding his administration’s war against drug cartels and the scope of lethal military force to stop them.The US president gave few details about the strike, saying in a social media post that the action was on his orders and that it had happened earlier in the morning. The post was accompanied by a video clip showing the boat, which appeared to be stationary, erupting into a fireball.“The strike occurred while these confirmed narco-terroists from Venezuela were in International Waters transporting illegal narcotics (A DEADLY WEAPON POISONING AMERICANS!) headed to the US,” Trump wrote on Truth Social.Trump’s announcement of the strike appeared to be worded in a way to suggest there was a valid legal basis for the strike – an issue that became a source of heavy criticism in Washington after the operation against the first alleged Venezuelan drug boat earlier this month, which killed 11 people.According to people familiar with the matter, the administration briefed Congress last week that the first strike was legal under the president’s article 2 powers because it involved a boat connected to the Tren de Aragua gang, which Trump designated a foreign terrorist organization.The administration has provided little evidence that the first boat was carrying illegal drugs beyond asserting they had tracked the drugs being loaded on to the boat in order to be distributed in the United States, even if the boat at one point was said to have turned around.Asked on Sunday about that first strike and claims it was a fishing vessel, Trump said in response to questions from the Guardian: “You saw the bags of white. It’s nonsense. So we knew it before they even left. We knew exactly where that boat, where it came from, where the drugs came from and where it was heading.”By claiming, for the strike on the second boat, that the drugs were a threat to the United States and asserting that the boat’s crew were “terrorists”, Trump appeared to be preemptively setting the groundwork to make the same Article II legal claim to order a missile strike against the second boat.The latest strike comes as the US continues a massive buildup of forces around Venezuela. Over the weekend, five F-35 fighter jets arrived in Puerto Rico to join about half a dozen US navy destroyers already moved to the US territory recently, and support assets the administration said had been deployed to disrupt the flow of illegal drugs.skip past newsletter promotionafter newsletter promotionTrump demurred on whether the US would conduct operations inside Venezuela against drug cartels there. He also deflected a question from the Guardian about its president, Nicholás Maduro, accusing Trump of acting illegally. “What’s illegal are the drugs that were on the boat,” he said.The Iwo Jima Amphibious Ready Group – including the USS San Antonio, the USS Iwo Jima and the USS Fort Lauderdale, carrying 4,500 sailors – and the 22nd marine expeditionary unit, with 2,200 marines, were deployed to the region ahead of the first strike this month. The US also deployed several P-8 surveillance planes and submarines, officials said. More

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      Republican condemns Vance for ‘despicable’ comments on Venezuelan boat strike

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      The Republican senator who heads the homeland security committee has criticized JD Vance for “despicable” comments apparently in support of extrajudicial military killings.“Killing cartel members who poison our fellow citizens is the highest and best use of our military,” the vice-president said in an X post on Saturday, in defense of Tuesday’s US military strike against a Venezuelan boat in the Caribbean Sea, which killed 11 people the administration alleged were drug traffickers.Vance added: “Democrats: let’s send your kids to die in Russia. Republicans: actually let’s protect our people from the scum of the earth.”Donald Trump has vowed additional military action against purported traffickers, who are not military targets, after the boat strike, saying “there’s more where that came from”.The controversial attack inflamed already-high tensions between the US and Venezuela. In August Trump dispatched war ships and marines to the Caribbean, which his supporters say is in aid of efforts to oust Venezuelan’s authoritarian leader, Nicolás Maduro. On Friday, reports revealed that Trump was sending 10 F-35 fighter jets to Puerto Rico to support US military action against drug traffickers.Some fear the developments presage full military conflict between Venezuelan and US service members. Last month, the US offered a $50m bounty for Maduro, twice what it offered for Osama bin Laden, and in July signed a secret mandate approving military action against Latin American cartels deemed terrorist organizations, such as the Venezuelan group Cartel de los Soles (Cartel of the Suns), which Trump officials have claimed Maduro leads.Trump also framed the boat attack as military activity against “terrorists” in subsequent statements on his social media platform, Truth Social.“The strike occurred while the terrorists were at sea in international waters transporting illegal narcotics, heading to the United ​States,” he said. “The strike resulted in 11 terrorists killed in action. No US Forces were harmed in this strike … Please let this serve as notice to anybody even thinking about bringing drugs into the United States of America. BEWARE!”The Republican senator Rand Paul, who chairs the Senate committee on homeland security and government affairs, condemned Vance’s comments.“JD ‘I don’t give a shit’ Vance says killing people he accuses of a crime is the ‘highest and best use of the military.’ Did he ever read To Kill a Mockingbird?” Paul wrote on X, alluding to Harper Lee’s 1960 novel about a wrongly convicted Black man who is killed as he tries to escape prison.“Did he ever wonder what might happen if the accused were immediately executed without trial or representation? What a despicable and thoughtless sentiment it is to glorify killing someone without a trial.” More

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      Judge blocks ending of legal protections for 1m Venezuelans and Haitians in US

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      A federal judge on Friday ruled against the Trump administration from ending temporary legal protections that have granted more than 1 million people from Haiti and Venezuela the right to live and work in the United States.The ruling by US district judge Edward Chen of San Francisco for the plaintiffs means that 600,000 Venezuelans whose temporary protections expired in April or whose protections were about to expire on 10 September have status to stay and work in the United States.Chen said the actions of the Department of Homeland Security (DHS) secretary, Kristi Noem, in terminating and vacating three extensions granted by the previous administration exceeded her statutory authority and were arbitrary and capricious.The DHS did not immediately respond to an email seeking comment.Friday’s ruling came after an appeals court blocked Donald Trump’s plans to end protections for 600,000 people from Venezuela who have permission to live and work in the US, saying that plaintiffs were likely to win their claim that the Trump administration’s actions were unlawful.That appellate court ruling on 29 August came after Chen in March ruled that the plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections.Temporary protected status (TPS) is a designation that can be granted by the homeland security secretary to people in the US if conditions in their homelands are deemed unsafe for return due to a natural disaster, political instability or other dangerous conditions.Designations are granted for terms of six, 12 or 18 months, and extensions can be granted as long as conditions remain dire. The status prevents holders from being deported and allows them to work.Soon after taking office, Noem reversed three extensions granted by the previous administration to immigrants from Venezuela and Haiti, prompting the lawsuit. Noem said that conditions in both Haiti and Venezuela had improved and that it was not in the national interest to allow migrants from the countries to stay on for what is a temporary program.Millions of Venezuelans have fled political unrest, mass unemployment and hunger. Venezuela is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.Haiti was first designated for TPS in 2010 after a catastrophic magnitude 7.0 earthquake killed and wounded hundreds of thousands of people, and left more than 1 million homeless. Haitians face widespread hunger and gang violence. More

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      US conducts ‘lethal strike’ against drug boat from Venezuela, Rubio says

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      The US military has conducted “a lethal strike” against an alleged “drug vessel” from Venezuela, the secretary of state, Marco Rubio, has announced amid growing tensions between Washington and Caracas.Donald Trump trailed the announcement during an address at the White House on Tuesday afternoon, telling reporters the US had “just, over the last few minutes, literally shot out … a drug-carrying boat”.“And there’s more where that came from. We have a lot of drugs pouring into our country,” the US president added. “We took it out,” he said of the boat.Shortly after, Rubio offered further details of the incident on social media, tweeting that the military had “conducted a strike in the southern Caribbean against a drug vessel which had departed from Venezuela and was being operated by a designated narco-terrorist organization”.It was not immediately clear what kind of vessel had been targeted, or, crucially, if the incident had taken place inside the South American country’s territorial waters.“Everything is hinging on where this strike took place,” said Geoff Ramsey, a senior fellow on Venezuela and Colombia from the Atlantic Council’s Latin America Centre.“If this strike took place in Venezuelan waters, I think that will trigger a massive escalation from the Venezuelan side. However, from what I’ve heard … this took place in international waters, and that suggests that ultimately this is about drug interdiction.”Ramsey added: “This is a target-rich environment, after all. There are plenty of go-fast boats transporting cocaine through the southern Caribbean, and I think ultimately Washington is more interested in signalling than in actually engaging in any kind of military action inside Venezuela territory.”Even so, the development will add to fears over a possible military clash between Venezuelan and US troops after the US sent war ships and marines into the Caribbean last month as part of what Trump allies touted as an attempt to force Venezuela’s authoritarian leader, Nicolás Maduro, from power.Officially, Trump’s naval buildup is part of US efforts to combat Latin American drug traffickers, including a Venezuelan group called the Cartel de los Soles (Cartel of the Suns) which Trump officials accuse Maduro of leading.Last month the US announced a $50m reward for Maduro’s capture – twice the bounty once offered for Osama bin Laden. In July, Trump signed a secret directive greenlighting military force against Latin American cartels considered terrorist organizations, including the Venezuelan group.Republican party hawks and Trump allies have celebrated those moves as proof the White House is determined to end Maduro’s 12-year rule. “Your days are seriously numbered,” Trump’s former national security adviser Michael Flynn, declared recently, encouraging Maduro to flee to Moscow.Maduro’s allies have also claimed that a regime-change operation is afoot, with Maduro himself this week warning that White House hardliners were seeking to lead Trump into “a terrible war” that would harm the entire region.“Mr President Donald Trump, you need to take care because Marco Rubio wants to stain your hands with blood – with South American, Caribbean blood [and] Venezuelan blood. They want to lead you into a bloodbath … with a massacre against the people of Venezuela,” Maduro said.But many experts are skeptical the US is planning a military intervention. “The idea of there being an invasion, I don’t believe to be true,” James Story, the US’s top diplomat for Venezuela from 2018 to 2023, said last week. He said Trump generally opposed “meddling militarily in the affairs of other countries”.Ramsey agreed. ”This is not a deployment focused on regime change. This may be an attempt to signal to disaffected elements of the military in Venezuela that now is the time to rise up against Maduro. But we’ve seen that approach be tried and ​fail repeatedly over ​the last 25 years.”Ramsey said the tough talk belied the fact that Trump had actually relaxed its stance towards Venezuela. Sanctions had been softened in recent weeks. The Trump administration was “actively coordinating with ​the Maduro regime on deportation flights”, about two of which are landing at Venezuela’s main international airport each week.​Ramsey believed that the military mobilization was partly an attempt “to throw some red meat to a part of Trump’s base that has been dissatisfied with the reality of sanctions relief” and what it perceived as his soft policy towards Maduro. More

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      Court blocks Trump bid to end protections for 600,000 Venezuelans

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      A federal appeals court on Friday blocked Donald Trump’s plans to end protections for 600,000 people from Venezuela who have had permission to live and work in the US, saying that plaintiffs are likely to win their claim that the president’s administration’s actions were unlawful.A three-judge panel of the ninth US circuit court of appeals unanimously upheld a lower court ruling that maintained temporary protected status for Venezuelans while TPS holders challenge actions by the Republican president’s administration in court.The ninth circuit judges found that plaintiffs were likely to succeed on their claim that homeland security secretary Kristi Noem had no authority to vacate or set aside a prior extension of TPS because the governing statute written by Congress does not permit it. The administration of Trump’s Democratic presidential predecessor Joe Biden had extended TPS for people from Venezuela.“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics,” judge Kim Wardlaw, who was nominated by president Bill Clinton, a Democrat, wrote for the panel. The other two judges on the panel were also nominated by Democratic presidents.In an email, a spokesperson for the Department of Homeland Security (DHS) condemned the decision as more obstruction from “unelected activist” judges.“For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program,” the email read. “While this injunction delays justice and undermines the integrity of our immigration system, secretary Noem will use every legal option at the department’s disposal to end this chaos and prioritize the safety of Americans.”Congress authorized TPS as part of the Immigration Act of 1990. It allows the DHS secretary to grant legal immigration status to people fleeing countries experiencing civil strife, environmental disaster or other “extraordinary and temporary conditions” that prevent a safe return to that home country. The terms are for six, 12 and 18 months.The appellate judges said the guaranteed time limitations were critical so people could gain employment, find long-term housing and build stability without fear of shifting political winds.But in ending the protections soon after Trump took office, Noem said conditions in Venezuela had improved and it was not in the US national interest to allow migrants from there to stay on for what is a temporary program. It’s part of a broader move by Trump’s administration to reduce the number of immigrants who are in the country either without legal documentation or through legal temporary programs.US district judge Edward Chen of San Francisco found in March that plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections. Chen postponed the terminations, but the US supreme court reversed him without explanation, which is common in emergency appeals.It is unclear what effect Friday’s ruling will have on the estimated 350,000 Venezuelans in the group of 600,000 whose protections expired in April. Their lawyers say some have already been fired from jobs, detained in immigration jails, separated from their US citizen children and even deported.Protections for the remaining 250,000 Venezuelans are set to expire 10 Sept.“What is really significant now is that the second court unanimously recognized that the trial court got it right,” said Emi MacLean, a senior staff attorney with the ACLU Foundation of Northern California representing plaintiffs.She added that while the decision might not benefit immediately those people who have already lost their status or are about to lose their status, Friday’s ruling “should provide a path for the administration’s illegal actions related to Venezuela and TPS to finally be undone”. More

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      New allegations against Smartmatic executive in company’s voting machine contract with LA county

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      The justice department is alleging in a new court filing that three Smartmatic executives who were indicted last year on bribery and money-laundering charges transferred money from a 2018 voting machine contract with Los Angeles county into slush funds that were originally set up to pay bribes to election officials in Venezuela and the Philippines between 2012 and 2016 to obtain and retain lucrative election contracts.Prosecutors say one of the executives transferred an undisclosed amount from the $282m LA county contract into the slush funds in 2019 but did not say if anyone actually received bribes from the county’s money at that point. The government is seeking to prove the funds were part of a long pattern of bribing election officials by Smartmatic, the voting machine company, which sued Fox News for defamation after the 2020 election.A separate court filing in a lawsuit brought by Fox News against LA county to obtain records about Smartmatic’s relationship with Dean Logan, LA county’s registrar-recorder and county clerk who oversees elections and the Smartmatic contract, Fox News asserts that Logan may have received inappropriate gifts from the company in the form of business-class travel and upscale restaurant meals. Logan is supposed to report vendor gifts above $50 on annual disclosure forms, but records obtained by Fox News and included in the court filing show he did not report some gifts from Smartmatic. Logan maintains he was not required to report the travel or a meal that Fox highlights in its filing. Fox News is seeking the records from LA county to support its defense against a defamation suit filed against it by Smartmatic in 2021.Last year, prosecutors in Florida filed corruption charges against the president of UK-based Smartmatic, along with two other current and former executives, for allegedly operating a years-long bribery and money-laundering scheme that paid bribes to an election official in the Philippines. The justice department has since said that the scheme involved payments to officials in Venezuela as well, where the company obtained its first elections contract in 2004.US election integrity activists have long been concerned about Smartmatic’s contract with LA county, due to the company’s controversial history, the founders’ ties to Venezuela and a lack of transparency over company ownership. The company first tried to get into the US elections market in 2006, but a federal investigation into its ownership and potential ties to the Venezuelan government at the time put a halt to its US ambitions until it obtained the contract with LA county in 2018. Concerns about the company and its role in US elections increased last year when the justice department indicted its executives.The new revelations about the LA county money raise even more questions about the county’s contract. Prosecutors allege that the Smartmatic executives conspired for years with the owner of Jarltech International, a hardware maker in Taiwan that manufactured voting machines for Smartmatic, to overcharge customers for the systems it built then used the excess money to pay bribes to election officials in the Philippines and Venezuela. Prosecutors do not say if they overcharged LA county as well or if any LA county money actually got paid out in bribes to anyone – only that some of that money made it into slush funds that had been used in the past to pay bribes. The justice department declined to answer questions about the case but said in a court filing that it has documents and witness testimony to support its claims about LA county’s money.Smartmatic itself has not been accused of wrongdoing, only the three executives. But a Smartmatic spokesperson says the justice department allegations are “filled with misrepresentations” and also says the company operates “ethically” and abides “by all laws always, both in Los Angeles county and every jurisdiction where we operate”.The new allegations are not part of charges the justice department brought against the Smartmatic executives. Prosecutors are only asking a Florida court to allow evidence about the LA county money to show a pattern in how the executives managed their alleged bribery and money-laundering scheme.After news of the indictments broke last year, the county barred the three executives from any further association with its Smartmatic contract but did not “debar” the company itself, something it can do if a contractor shows a lack of “business integrity or business honesty”. The county can also terminate a contract if a vendor gives any county officer or employee “improper consideration” in the form of travel, entertainment or tangible gifts to secure favor. But Logan’s office says it stands by its work with the company. With regard to the implication that LA county money that got into the slush funds might have come from overcharging the county, Logan says the county’s contract with Smartmatic uses fixed pricing.“The alleged actions in the federal matter are unrelated to the work performed under contract by Smartmatic for Los Angeles County,” according to a statement sent by Logan in an email. “The County has no knowledge or visibility into how Smartmatic USA used proceeds from that contract; however, the County does validate work performed and deliverable requirements aligned to the fixed price structure of the contract prior to making any payments.”The contract runs through March 2027, but has three, two-year extension options that, if exercised, would stretch the agreement to 2033. It also does allow for changes in pricing up to 10% of the contracted amounts.The three indicted executives include company president and co-founder, Roger Alejandro Piñate Martinez Jr; Jorge Vasquez, former vice-president of hardware development for Smartmatic’s US division; and Elie Moreno, who oversaw the company’s contracts. According to a company bio, Piñate, who goes by Roger Piñate, played a “critical” role in winning the LA county contract and was chief operating officer until becoming president in 2018, the year Smartmatic won the Los Angeles contract.Piñate is a Venezuelan citizen and permanent US resident, and Elie Moreno is a Venezuelan-Israeli. The company put Piñate and Moreno on administrative leave after the announcement of their indictments last year, and currently Ruliena Piñate, Roger’s cousin, oversees Smartmatic’s LA contract with another employee. She was co-president with her cousin before his indictment. Vasquez, a US citizen, left Smartmatic in 2021 in the midst of the justice department investigation. The justice department accuses him of receiving direct kickbacks for his role in the alleged scheme.Controversial beginningsSmartmatic has been dogged by controversy almost since its founding in Florida in 1999 by Piñate and two fellow Venezuelan engineers – Antonio Mugica and Alfredo José Anzola – as a network applications developer.The company shifted to voting machines in 2004 when then-Venezuelan president Hugo Chávez was threatened with a recall referendum. Months before the recall election, Venezuela’s National Electoral Council announced it would replace the country’s six-year-old voting machines with new ones under a $91m contract awarded to Smartmatic, Bizta – a small software firm owned by Mugica and his father – and the state-run telecom CANTV. Smartmatic and Bizta got the contract despite having no experience in voting machines or elections. There were other concerns about the deal as well: the Venezuelan government owned 28% of Bizta through a $200,000 investment in the firm, a close associate of Chávez was on Bizta’s board, and two of the five members of the electoral council denounced the contract, citing irregularity with the bidding process.Chávez survived his recall battle, though not without additional controversy: he and his supporters were accused of rigging the election based on an outcome that differed from an exit poll. However, after an audit of the results, the US-based Carter Center, which monitors overseas elections, supported the outcome, as did the US state department.Riding its success in Venezuela, Smartmatic tried to enter the US elections market in 2006 by using money from the Venezuela contract to buy the California-based Sequoia Voting Systems, whose voting systems were used across the US. The purchase caught the attention of the Committee on Foreign Investment in the United States, which launched an investigation into Smartmatic’s ownership and possible ties to the Venezuelan government. But rather than cooperate with the federal inquiry, Smartmatic quickly sold off Sequoia.The company then turned to Europe and other election markets, moving its headquarters to the UK in 2012. It won a contract worth more than $180m to supply the Philippines with more than 90,000 voting machines for its 2016 elections, with Jarltech International on board to manufacture the machines. But the company became embroiled in more controversy almost immediately after the election when Philippine authorities charged the head of Smartmatic’s technical support team and two subordinates with accessing a system on election night used to transmit unofficial results and making an unauthorized change to code. The case was later dismissed.Two years after the Philippines election, Smartmatic won the Los Angeles contract. Smartmatic hoped to parlay this win to expand across the US. But after its machines were used for the first time in the 2020 presidential primary and general election, Donald Trump, who lost the election, falsely accused Smartmatic and Dominion Voting Systems of manipulating the results to give the election to Joe Biden.These claims were amplified by Fox News and other media outlets sympathetic to Trump, and in 2021, Smartmatic filed a series of defamation lawsuits against media outlets and Trump supporters who they say encouraged and amplified the vote-rigging assertions, including a $2.7bn defamation suit against Fox News. Smartmatic claims Fox News reporting decimated its US business prospects, causing other election jurisdictions to shun it. But Fox News says it simply covered newsworthy claims made by Trump and others.Last year Smartmatic settled a similar suit against Newsmax for $40m and against One America News for an undisclosed sum and seemed to be on path to win or settle the Fox News suit as well until the indictment of its executives. Fox News has used the indictments and alleged bribery scheme to support its defense in the defamation suit, saying in court documents that if the company has had trouble expanding its business in the US, it’s due to these allegations and the company’s troubled history, not Fox News reporting.The chargesProsecutors from the southern district of Florida allege that the three Smartmatic executives and Jarltech owner Andy Wang engaged in a years-long conspiracy to overcharge the Philippines government for voting machines, then used the fraudulently obtained funds to pay more than $1m in kickbacks to Juan Andres Bautista – chair of the Philippine elections commission at the time – to win and retain a contract to supply systems for the 2016 elections there.Jarltech allegedly overcharged the Philippines government $10-$50 per voting machine in “extra” or “rush” fees, amassing about $6m in a slush fund to pay the bribes. Wang allegedly managed the funds in Hong Kong bank accounts, and Smartmatic executives directed the payments, using bogus purchasing agreements, shell companies and banks in Europe, Asia and the US. Bautista passed the money to a family member who then bought a condo in San Francisco, prosecutors say.Wang did not respond to questions from the Guardian.The justice department investigation began after Bautista’s estranged wife told Philippine authorities in 2017 that her husband had $20m in “unexplained wealth” and provided them with 35 passbooks for offshore bank accounts in Bautista’s name. Bautista resigned as chair of the election commission two months later, and in 2023, news broke that the justice department had filed charges against him and was investigating unnamed Smartmatic executives as well.But the scheme didn’t start with the Philippines. Prosecutors say the conspirators had also inflated the cost of voting machines sold to Venezuela to amass $4m for bribes paid to unnamed Venezuelan officials between 2012 and 2014 , showing a pattern of illegal activity. In 2019, prosecutors say Piñate also transferred ownership of an upscale home in Caracas to Tibisay Lucena Ramírez, then president of the Venezuelan National Electoral Council, to secure her assistance with its business interests in that country.A Smartmatic spokesperson calls the house claim “untethered from reality”. She says Smartmatic “ceased all operations in Venezuela in August 2017 after blowing the whistle on the government and has never sought to secure business there again”.In 2017, Smartmatic accused the Venezuelan electoral council and the Nicolás Maduro regime of manipulating voter turnout numbers and election results and ceased business in the country. But prosecutors say Piñate hoped to repair the relationship with Venezuela with Ramírez’s help and gave her the Caracas home as a bribe. Ramírez died in 2023.Los Angeles countyThe federal case against Smartmatic executives and the company’s lawsuit against Fox News have now become intertwined due to the new allegations about the LA county money and questions about whether the executives used bribes to win favor around the county contract. Fox News says in its recent filing against LA county that it “does not yet have evidence that slush fund payments or real estate title transfers were made to any L.A. County official”, but it says that gifts Logan received from the company follow “patterns of misconduct” that prosecutors have alleged occurred in other countries, and that Logan cultivated an unusually close relationship with Smartmatic executives that went “well beyond typical business relationships.”Logan took a nine-day trip to the Maldives and Taiwan in July 2019 that was partially funded by Smartmatic, including business-class air fare, accommodations and meals, according to text messages obtained by Fox News and included in its court filing. The Maldives portion was covered by an organization that invited Logan to speak there, but Smartmatic paid for Logan’s travel to Taiwan. Based on another text message not included in the court filing but seen by the Guardian, Smartmatic played a role in coordinating the conference invitation to Logan as well.Logan’s wife accompanied him on the trip, but the text messages indicate he gave his credit card number to Smartmatic to cover her $5,000 air fare. Logan and his wife tacked on tourist activity to the Taiwan portion of their trip, and it’s not clear how much Smartmatic paid for the entire excursion. Under California Fair Political Practices Commission regulations, gifts to state and local officials from a single source were limited to $500 a year when Logan took the trip. Smartmatic would not say how much it paid for the Taiwan trip, citing ongoing litigation.An LA county spokesperson said in an email that the Taiwan trip was not a gift but a work trip to conduct oversight of the manufacturing process – the trip included a visit to Jarltech, the subcontractor that was making the hardware for LA county’s machines. The spokesperson wrote: “the lead from the County’s VSAP design contractor was also part of the trip, which included detailed reviews and presentations of products that required approval prior to manufacturing, and onsite visits to multiple product and manufacturing assembly plants/operations.”Approval of the manufacturing process was required as part of the contract, he says, and “protocols for notification and approval of the travel were followed and are documented in the responsive records provided [to Fox News]”.Asked why the project manager for the contract, whose job is “inspecting any and all tasks, deliverables, goods, services, or other work provided by or on behalf of the Contractor” didn’t visit the Jarltech facilities instead of Logan, spokesperson Michael Sanchez said that as chief elections official “Logan had and continues to have clear responsibility for ensuring contract compliance.”Fox News disputes that the travel was covered under the contract, noting that the contract only mentions paying travel expenses if county officials are auditing financial records related to Smartmatic’s contract with the county and have to travel outside the county to view the company’s financial records. Sanchez says the paragraph addressing travel expenses “is not limited to the inspection of financial records for a financial audit” but includes travel to “examine … any pertinent transaction, activity, or record” relating to the contract.In addition to the Taiwan travel, Fox News says Smartmatic paid for an unknown number of meals in upscale restaurants for Logan, at least one of which Logan did not report on annual disclosure form in 2022. In a deposition in the lawsuit Fox has filed against LA county to obtain Logan’s records, Logan disputes that he was required to report the meal because he says it was a personal meal with a Smartmatic employee.He also rejects the suggestion that Smartmatic won its contract out of favoritism.“The contract between Los Angeles County and Smartmatic USA was competitively bid, evaluated, and awarded in compliance with the County’s open competitive public procurement processes,” Logan wrote in an email. More

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      Trump administration doubles reward for arrest of Venezuela’s president to $50m

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      The Trump administration is doubling to $50m a reward for the arrest of Venezuela’s president, Nicolás Maduro, accusing him of being one of the world’s largest narcotraffickers and working with cartels to flood the US with fentanyl-laced cocaine.“Under President Trump’s leadership, Maduro will not escape justice and he will be held accountable for his despicable crimes,” Pam Bondi, the attorney general, said on Thursday in a video statement announcing the reward.Maduro was indicted in Manhattan federal court in 2020, during the first Trump presidency, along with several close allies on federal charges of narcoterrorism and conspiracy to import cocaine. At the time, the US offered a $15m reward for his arrest. That was later raised by the Biden administration to $25m – the same amount the US offered for the capture of Osama bin Laden in 2001, after the September 11attacks.Despite the big bounty, Maduro remains entrenched after defying the US, the European Union and several Latin American governments who condemned his 2024 reelection as a sham and recognized his opponent as Venezuela’s duly elected president.Last month, the Trump administration struck a deal to secure the release of 10 Americans jailed in Caracas in exchange for Venezuela getting home scores of migrants deported by the United States to El Salvador under the Trump administration’s immigration crackdown. Shortly after, the White House reversed course and allowed US oil producer Chevron to resume drilling in Venezuela after it was previously blocked by US sanctions.The prisoner swap sparked controversy, as one of the Americans freed in the exchange is an ex-US soldier who was convicted of killing three people in Spain in 2016. Dahud Hanid Ortiz, found guilty in Venezuela last year, was flown to Texas alongside the other nine freed Americans, whom rights groups had deemed “political prisoners”.Bondi said the justice department has seized more than $700m in assets linked to Maduro, including two private jets, and said 7m tons of seized cocaine had been traced directly to the leftist leader.Maduro’s office didn’t immediately respond to a request for comment.In her announcement, Bondi repeated claims linking Maduro to Tren de Aragua (TdA), the Venezuelan gang, saying: “Maduro uses foreign terrorist organizations like TdA … to bring deadly violence to our country … He is one of the largest narcotraffickers in the world and a threat to our national security.”Some experts have cast doubts on the Trump administration’s claims that TdA is “invading America”. The narrative that TdA is a state-sponsored terrorist group wreaking havoc on the US has been used to fuel the president’s aggressive and broad attacks on Venezuelan immigrants, with policies that advocates say have trampled on people’s due-process rights. In one high-profile case, Andry José Hernández Romero, a gay asylum seeker, was expelled to El Salvador after the US claimed his tattoos were proof he was a TdA member and “security threat”.Experts have noted that the Venezuelan government had previously protected TdA, but it was unlikely the gang was acting “at the direction” of the Maduro regime, as the White House has claimed.The Washington Post reported in April that a National Intelligence Council assessment concluded there were some low-level contacts between the Maduro government and TdA, but said the gang was not commanded by Venezuela’s leader.The Associated Press contributed reporting. More