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      How to Steal a Presidential Election review: Trump and the peril to come

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      The Trump veepstakes is under way. Senator JD Vance and Representative Elise Stefanik prostrate themselves. Both signal they would do what Mike Pence refused: upend democracy for the sake of their Caesar. The senator is a Yale Law School alum and former US marine. Stefanik is the fourth-ranking House Republican. He was once critical of the former president. She was skeptical. Not anymore.“Do I think there were problems in 2020? Yes, I do,” Vance recently told ABC. “If I had been vice-president, I would have told the states, like Pennsylvania, Georgia and so many others, that we needed to have multiple slates of electors … I think the US Congress should have fought over it from there.”Last month, Stefanik said: “We will see if this is a legal and valid election. What we saw in 2020 was unconstitutional circumventing of the constitution, not going through state legislators when it comes to changing election law.”From the supreme court down, the judiciary has repeatedly rejected that contention.As the November election looms, Lawrence Lessig and Matthew Seligman offer How to Steal a Presidential Election, a granular and disturbing examination of the vulnerabilities and pressure points in the way the US selects its president. Short version: plenty can go wrong.Lessig is a chaired professor at Harvard Law School. He views a second Trump term as calamitous. “He is a pathological liar, with clear authoritarian instincts,” Lessig writes. “His re-election would be worse than any political event in the history of America  –  save the decision of South Carolina to launch the civil war.”Seligman is a fellow at the Constitutional Law Center at Stanford, focused on disputed presidential elections. He too views Trump uncharitably.“Former president Trump and his allies attempted a legal coup in 2020 – a brazen attempt to manipulate the legal system to reverse the results of a free and fair election,” Seligman has said. “Despite all the attention on 6 January 2021 [the attack on Congress], our legal and political systems remain dangerously unprotected against a smarter and more sophisticated attempt in 2024.”The open question is whether forewarned is forearmed. On the page, Lessig and Seligman spell out seven roads to ruin, the “inverting” of an election to force a result that thwarts voters’ expressed intentions. The authors discount the capacity of a vice-president to unilaterally overturn an election result. But they warn of the potential for havoc at state level.As they see it, the danger of pledged but not legally bound electors being coerced to vote for Trump when the electoral college convenes is “significant”. They also hypothesize a state governor “interven[ing] to certify a slate of electors contrary to the apparent popular vote”. Another path to perdition includes making state legislatures the final judges of election results. There is also the “nuclear option”, according to the authors, which is stripping the right to vote from the voters.“A state legislature cancels its election before election day and chooses the state’s electors directly,” as Lessig and Seligman put it, a potential outcome they call a “very significant” possibility under the US constitution.“State legislators are free to deny their people a meaningful role in selecting our president, directly or indirectly,” they write. “Is there any legal argument that might prevent a legislature from formally taking the vote away from its people? We are skeptical.”To say US democracy is at risk is not to indulge in hyperbole. Trump’s infamous January 2021 call to Brad Raffensperger, the Georgia secretary of state, is a vivid reminder. “What I want to do is this. I just want to find, uh, 11,780 votes, which is one more than … we have, because we won the state.” Such words continue to haunt.In an episode that casts a similar pall, Trump and Ronna McDaniel, the Republican National Committee (RNC) chair, urged election officials in Michigan’s Wayne county to block the release of final results.“Do not sign it … we will get you attorneys,” McDaniel told the officials, regarding certification.“We’ll take care of that,” Trump said.Now, as he has for so many former enablers, Trump has taken care of McDaniel. She will shortly be gone from the RNC.Among Trump’s supporters, discontent with democracy is no secret. During the 2016 campaign, Paul LePage, then governor of Maine, thought Trump needed to show some “authoritarian power”. In 2019, Mike Johnson, then a Louisiana congressman, declared: “By the way, the United States is not a democracy. Do you know what a democracy is? Two wolves and a sheep deciding what’s for dinner. You don’t want to be in a democracy. Majority rule: not always a good thing.”Johnson is now House speaker. For good measure, he claims God told him “very clearly” to prepare to become “Moses”.“The Lord said step forward,” Johnson says.On the right, many openly muse about a second civil war.“We’ve already had one, so we know it’s within the realm of possibility,” James Pinkerton, a veteran of the White Houses of Ronald Reagan and George HW Bush, recently wrote in the American Conservative.“In fact, by one reckoning, the English speakers have had two other civil wars in the last four centuries, spaced out every hundred or so years. Is there some sort of deep cycle at work here? With, er, implications for our own troubled times?”The election won’t be pleasant. In late December, 31% of Republicans believed Joe Biden’s win in 2020 was legitimate. That was eight points lower than two years before. Trump’s criminal trials loom. Through that prism, Lessig and Seligman’s work serves as dire warning and public service.
      How to Steal a Presidential Election is published in the US by Yale University Press More

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      in US Politics

      Trump is too old and incited a coup. Biden is too old and mixes up names. America, how to choose? | Marina Hyde

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      To the US, where one likely candidate for the presidency delivers hour-long rambling speeches in which he explains that he’s going to be a dictator, but all the chat is about whether the other candidate has lost his marbles. And yes, let me pre-emptively apologise, because I can already tell that we will only be on about the third paragraph of this column before I have exhausted the Guardian’s approved list of euphemisms for being a couple of world leaders’ names short of a full set.Anyway, our business today is with the president, Joe Biden, who called an impromptu press conference on Thursday night in which he hotly insisted that his memory was just fine. The occasion was the publication of a justice department report that cleared Biden of criminal charges over his handling of highly classified materials. This year-long investigation was carried out by special counsel Robert Hur, who happens to be a registered Republican, and whose report specifically mentions the president’s “significantly limited” memory. Mr Hur says that part of the reason he didn’t bring charges was that “at trial, Mr Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.” Oh dear. A real muffin-basket of an attack-line gifted to Donald Trump there, and confirmation of my long-held conviction that fake sympathy is far deadlier a tone than open attack.Biden had almost left the stage last night when he returned to the podium to take a question on the Israel-Gaza conflict, in which he unfortunately referred to the Egyptian leader Abdel Fattah el-Sisi as “the Mexican president”. On the one hand, this was always going to happen just at the moment he was insisting his memory was great, just as it is a truth universally acknowledged that people correcting someone else’s grammar or spelling will normally involuntarily commit some howler of their own in the process. Call it the pedants’ curse – or indeed, the pedant’s curse.On the other hand … oh dear. According to polling, Biden’s age and cognitive glitches are his biggest vulnerability with voters. As for his likely opponent, for my armchair diagnosis, the most terrifying thing about Donald Trump is that he is completely sane (unless you count advanced narcissism, which I suppose we have to these days). But Trump is a mere three years younger than Biden, often walks with a wobble, and himself recently confused Nikki Haley with Nancy Pelosi in a rant. So is it fair that the one should face infinitely more scrutiny on the lost-plot front than the other?Alas, fairness isn’t one of the base notes of political life. I’m afraid we could be dealing with Ye Olde Vibes Theory of Politics (est 2022), which holds that the feels-based way in which a politician presents is more important than such trivialities as the facts or their record. Listen – I don’t make the rules. But during the first 2022 Conservative leadership contest in the UK, remainer Liz Truss presented as more Brexity to the party grassroots than leaver Rishi Sunak. Why? Vibes. Just … vibes.The vibes on Biden’s seniority are not great. Yes, he has led his country’s exceptional and internationally envied economic recovery from the pandemic, so the large rational part of me judges that unfair. But another part of me, perhaps the irrational, can no longer watch any Biden speech or address without picturing his aides also watching backstage, mainlining cortisol, every fibre of their brace-positioned beings willing him to get over the line without making any unforced errors – and to then exit the stage without trying to use a flag as a door.I’m sure this is complete fantasy and the only cortisol levels going through the roof are my own. Nevertheless: vibes. Can’t fight ’em. I remember my heart feeling similarly in my mouth during the aforementioned Tory leadership contest when runaway favourite Truss walked the wrong way off stage after her campaign launch. Did I think Liz Truss literally wasn’t even up to finding her way off a stage? Of course not. Rationally, I knew it was just a silly mistake, of the sort that all of us make every day. At the same time, the irrational half of me felt the satisfying click of the right key turning in the lock. I knew that Liz Truss metaphorically wasn’t even up to finding her way off a stage. There was some kind of ineffable psychological truth to it all that was far more powerful than the facts.As someone who believes the likely Republican candidate is hideously, overwhelmingly worse, I fear that Joe Biden is gearing up for a gruelling election at precisely this vibes-based disadvantage. Both he and Trump are at the stage of life when sensible ordinary people find the strength to turn to their families and ask: be honest, should I still be driving? Yet Trump’s great power is defying rationality, like some dark lord of the vibes. He is possessed of a mesmerising ability to make every single thing feel like it is playing into his hands, which is why we now all watch news reports of various criminal charges being brought against him and go, “Oh this’ll play well for him”. Will it? And if so, why should it? Who really knows, but the vibes say so.After the last time I touched on the gerontocracy in these pages, the Guardian printed three letters from older male readers under the headline, What’s age got to do with it, Marina Hyde? Ageism was mentioned, with one of the correspondents advancing details of how he spent his days, as an argument against what we might kindly have termed my own argument about when big hitters should leave the professional stage. Now, no one more than me welcomes a good bollocking on the letters page, and all the three men were very nice about the rest of my output. Thank you!However. At the risk of drawing further correspondence, I feel I still have to hold to the position that being president of the United States is not the same as “writing, teaching, and volunteering in a residential home”, and is a job for a younger man than either Biden and Trump. Not a younger woman, of course – that would be genuinely insane in the strictest clinical sense of the term. But younger than 86 at conclusion of office. So I end this column with a challenge: if any readers of this newspaper are able to get to the end of the lengthy forthcoming US election campaign and think it showcased a vibrant, healthy and sprightly democracy, then I urge them to write in on 6 November, and suggest mandatory retirement for me.
      Marina Hyde is a Guardian columnist More

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      in US Politics

      Who tanked the border bill? – podcast

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      Illegal immigration via the US-Mexico border remains one of the most pressing problems for Congress. And yet the much anticipated $118bn border security bill, which included aid packages to Ukraine and Israel, was blocked by senators after a chaotic week.
      Why did this crucial piece of legislation with bipartisan support get rejected by the very people who demanded it? This week, Joan E Greve is joined by Marianna Sotomayor, the congressional reporter for the Washington Post, to discuss why the border bill failed

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

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      in US Politics

      Removing Donald Trump from ballot could have ‘daunting consequence’, says chief justice – video

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      The chief justice of the US supreme court, John Roberts, argued that removing Donald Trump from states’ primary ballots for the presidential election could mean some states would remove the Democratic candidate, some states would remove the Republican candidate, leaving the presidential election to just a few states.

      A majority of justices, including some from the court’s liberal wing, voiced concern about the chaos that would ensue if they allowed states to decide whether to disqualify candidates when they debated Colorado’s decision to rule Trump ineligible to run for office for inciting insurrection More

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      in Elections

      Inside the youth anti-abortion movement in the US: ‘Victory is on its way’ – video

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      Since the US supreme court’s overturning of Roe v Wade, 16 states have enacted stringent bans on nearly all abortions. But that is not enough for a new generation of organised and passionate activists intent on pushing even stricter laws across the country. Carter Sherman spends time with students and organisers at the annual March for Life in Washington DC and meets the influential woman spearheading the national movement More

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      in US Politics

      The unprecedented situation at the US-Mexico border – visualized

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      Record levels of migration are straining an immigration system left nearly broken by decades of congressional inaction.Republicans have spent years amplifying scenes of turmoil and tragedy at the southern border, but Democratic leaders are also worried now, particularly big-city mayors and blue state governors who are demanding more federal resources to shelter and feed an influx of migrants.With many voters now saying immigration is a top priority, what exactly is happening at the US border to make so many people concerned?There has been a surge of encounters at the US borderSince the pandemic there has been a spike in global migration, coinciding with Joe Biden’s presidency. Across the globe, people are fleeing war, political insecurity, violence, poverty and natural disasters. Many of those in Latin America, in particular, travel to the US in search of safety.View image in fullscreenIn the last three years, the number of people attempting to cross the US’s southern border into the country has risen to unprecedented levels.In the month of December 2023 alone, border patrol agents recorded 302,000 encounters (these include apprehensions and immediate expulsions), a new high. The monthly average from 2013 to 2019 was 39,000.Arrivals are coming from more countriesThe collapse of Venezuela, political instability in Haiti, violence in Ecuador, a crackdown in Nicaragua, Russia’s invasion of Ukraine, repression in China and other conflicts have fueled a historic shift in migration patterns.Mexico was the single most common origin country for US border encounters in 2023, but Mexican nationals made up less than 30% of the total share, compared with more than 60% a decade ago.Their journey is more perilousNearly 9,000 people attempting to reach the US from the south have been recorded missing or dead in the Americas in the past 10 years, according to the Missing Migrants Project.Some never make it through the notorious Darién Gap at the southern end of Central America, where a US deal with Panama and Colombia to stop migrants in their tracks has caused an outcry.The vast majority of recorded fatalities (5,145), however, occur at the US-Mexico border crossing, according to the project’s data.Many of the deaths occurred in southern Arizona when people attempted to cross open desert, miles from any roads.Fatalities are also concentrated along the treacherous stretch of south-western Texas where the Rio Grande river becomes the borderline. Further inland, hundreds of deaths have been recorded in the sparse, humid scrubland around Falfurrias.View image in fullscreenTheir cases languish in courtsThe border rules are complicated: some people apprehended at the border will face expedited deportation, but others will enter formal deportation proceedings and qualify for temporary release into the US, with a date to appear before a judge.Resolving those immigration cases and asylum claims can take years. The backlog of immigration cases has grown steadily – there were an astounding 3.3m cases pending as of December 2023, but just 682 immigration judges. That means the average caseload is more than 4,500 per judge.In the meantime …People arriving often find themselves in unofficial camps all along the US border. Some are waiting to cross, others have been met by US border patrol, yet others have been turned away. Some border states such as Texas have put tens of thousands of people awaiting their asylum claims on buses and sent them to other states, including California and New York, without their knowledge or permission.As for Congress, it continues to argue over clamping down on unlawful border crossings and alleviating the deepening humanitarian crisis – an increasingly irreconcilable divide between those who want to expand the immigration system and those who want to restrict it.View image in fullscreen More

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      in US Politics

      US man who says IDF kidnapped his mother calls on Biden to take action

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      A New Orleans-area man who has reported that Israeli troops kidnapped his mother – a US citizen – from a family home on the occupied West Bank Palestinian territory is asking Joe Biden’s White House to follow through on the president’s recent promise to respond “if you harm an American”.Ibrahim Hamed said he realized that Biden’s remarks on Friday – “if you harm an American, we will respond” – came after the United States and Britain attacked Houthi targets in Yemen in retaliation for a drone strike that killed three US army troops. But he said the sentiment should apply equally even in the case of a Palestinian American who has been taken by Israeli troops.Israel collects billions in US security assistance annually. Biden has also been seeking $14bn more in aid for Israel as it wages a military campaign in Gaza after the 7 October attack by Hamas.“We’re paying our tax money to do what – to fund the people who are oppressing us?” Hamed said. “So when is this oppression going to stop?”Hamed’s impassioned remarks to the Guardian came a day after he said members of the Israel Defense Forces (IDF) went to a home in the occupied Palestinian town of Silwad where his mother, Samaher Esmail, lives part-time.In a prepared statement responding to a request for comment, the IDF said it had arrested Esmail “for incitement on social media”. The statement did not elaborate but said Esmail was arrested alongside others in Silwad who were then taken in “for further questioning”.Esmail remained in custody of the Israel prison service on Wednesday, a source with knowledge of her whereabouts said.Esmail’s arrest came shortly before the US’s top diplomat, Antony Blinken, embarked on a trip to Israel meant to forge a ceasefire in Gaza.A US state department spokesperson said the agency was aware of reports that an American citizen had been detained on the West Bank but declined to comment further. “The Department of State has no higher priority than the safety and security of US citizens overseas,” the spokesperson said. “We are seeking additional information and stand ready to provide all appropriate consular assistance.”Neighbors called Hamed’s family in the New Orleans suburb of Gretna and told him that several IDF troops had pulled up in military vehicles and dragged away Esmail, 46, while she was beaten, handcuffed and blindfolded.Hamed said he received videos and pictures of the scene that greeted his mother as she was being taken. He could not believe that about 10 IDF troops had shown up to get Esmail, who he said weighed 110lb.“She’s not even heavy. I’m like, ‘What is going on here?’” Hamed said, describing his reaction to the videos and his mother’s neighbors’ recollections. “I just never would have thought that they would have done this to – first – a woman and – second – a US citizen.”State business records in Louisiana show Esmail has owned a convenience store on the edge of New Orleans’s Bayou St John neighborhood since 2003. She was born in New York. And as one of the 122,500 to 220,000 Americans of Palestinian descent who the Arab American Institute Foundation estimates live in the US, Esmail raised four children who attended Patrick F Taylor Science and Technology Academy in the New Orleans suburb of Westwego.Hamed and his brother, Suliman, graduated from New Orleans’s Xavier University and Louisiana State University in Baton Rouge, respectively. Her two daughters, Yousra and Huda, are studying at the University of New Orleans.Esmail planned to return home to New Orleans in April to meet a newborn granddaughter and celebrate Yousra’s graduation from UNO. But those plans remained uncertain on Tuesday as Hamed said his family awaited word from the US embassy in Jerusalem on how to proceed.Hamed said no one had told him why Israeli troops took his mom captive until a reporter notified him of the IDF’s statement.He said he feared comments which she posted on social media that were critical of Israel’s West Bank occupation may have brought her unwanted attention from the IDF. But he said it was “bogus” for Esmail to be arrested for them.Also, Hamed wondered whether Esmail’s arrest may have partially resulted from her involvement in a legal proceeding that began after IDF troops roughed her up at a West Bank checkpoint in 2022.Hamed said his family is friends with that of the 17-year-old Gretna boy who was reported to have been shot dead on the West Bank in January by Israeli forces, Tawfiq Ajaq. Ajaq, who was also known as Tawfic Abdeljabber, had traveled there with his parents to reconnect with his Palestinian roots, his family has said.The mosque to which Esmail and Ajaq’s families belong, Masjid Omar, issued a statement demanding her immediate release, saying she does not have access to the medication that she takes to treat multiple illnesses. The Center for American-Islamic Relations also wrote a statement insisting that Esmail be freed.In addition to contacting the American embassy in Jerusalem, Hamed said he had solicited help from New Orleans’s congressman, the Democratic US House member Troy Carter. But he said he had “not heard anything government-wise” regarding his mother’s status.“There’s zero communication … I don’t know what’s going on,” Hamed said of his mother’s plight. “I feel as if they’re not giving enough attention to her.” More

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      Biden blames Trump for imminent death of immigration bill – as it happened

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      In his speech at the White House, Joe Biden accused Republicans of caving to Donald Trump’s wishes and opposing a bill to tighten immigration policy that the party had demanded.“All indications are this bill won’t even move forward to the Senate floor,” the president said.“Why? A simple reason: Donald Trump.”He continued:
      Because Donald Trump thinks it’s bad for him politically, therefore … even if it helps the country, he’s not for it. He’d rather weaponize this issue than actually solve it. So for the last 24 hours, he’s done nothing, I’m told, than reach out to Republicans in the House and the Senate and threaten them and try to intimidate them to vote against this proposal. It looks like they’re caving. Frankly, they owe it to the American people to show some spine and do what they know to be right.
      Donald Trump’s strategy to get out of the charges brought against him for allegedly trying to overturn the 2020 election suffered a blow when a federal appeals court turned down his argument that he is immune from prosecution because he was acting in his capacity as president. Trump’s campaign vowed to appeal the three-judge panel’s unanimous decision. Meanwhile, the bipartisan bill to approve military aid to Israel and Ukraine and also impose hardline immigration policies is on the verge of death. Republicans in the House and Senate are assailing the legislation, even though the party demanded it as their price to approve the military aid. In a speech at the White House, Joe Biden accused the GOP of “caving” to Trump, and vowed to campaign on the bill’s failure.Here’s what else happened:
      Republicans senators are reportedly interested in approving aid to Israel and Ukraine without changing immigration policy. Democrats tried to do that months ago, but were blocked by the GOP.
      House Republicans may not have enough support to impeach the homeland security secretary, Alejandro Mayorkas. A vote on the charges is expected later this afternoon.
      Trump’s allies in Congress are not pleased by the appeals court’s ruling against him.
      The judges who rejected Trump’s immunity claim said the former president was arguing to make it impossible to hold presidents to account.
      Will Trump and Biden debate? It’s not looking likely right now.
      The House has kicked off debate over impeaching homeland security secretary Alejandro Mayorkas, beginning with a procedural vote that succeeded:However, it remains unclear if the GOP has enough support to succeed in formally leveling charges against Mayorkas for his handling of the surge in migrants crossing the southern border during Joe Biden’s presidency. Two Republicans say they won’t vote for the articles, while others are reportedly on the fence, saying impeaching a cabinet secretary, which is already an exceedingly rare step, for policy issues rather than breaking the law is inappropriate.Speaker Mike Johnson has vowed that the chamber will vote on the articles later today. If they pass, they’ll go to the Senate, whose Democratic leaders are certain to reject them.With the immigration deal all but dead, the question becomes: can Congress pass aid to Ukraine and Israel?We may find out the answer to the latter question sometime this afternoon, when the House takes a vote on a standalone bill to fund Israel’s counterattack against Hamas. The legislation will need a two-thirds majority to pass, and seems unlikely to achieve that – Democrats are furious at the GOP for killing the immigration policy compromise, and their leader Hakeem Jeffries, whip Katherine Clark and caucus chair Pete Aguilar earlier today announced they’d vote against the Israel aid bill. Here’s what they said:
      We are prepared to support any serious, bipartisan effort in connection with the special relationship between the United States and Israel, our closest ally in the Middle East. Unfortunately, the standalone legislation introduced by House Republicans over the weekend, at the eleventh hour without notice or consultation, is not being offered in good faith. Rather, it is a nakedly obvious and cynical attempt by MAGA extremists to undermine the possibility of a comprehensive, bipartisan funding package that addresses America’s national security challenges in the Middle East, Ukraine, the Indo-Pacific region and throughout the world.
      And even if it were to pass, the White House says Joe Biden would veto it.As for Ukraine, funds for its defense against Russia face an even steeper hill to climb. Goaded on by Donald Trump, an increasing number of Republican lawmakers, particularly in the House, oppose assistance to Kyiv. However, Bloomberg News reports some Republicans senators are open to the idea – which is what Democrats called for months ago:
      Hawkish Republicans on Tuesday began discussing moving ahead on a Ukraine aid package without the border restrictions. Pairing the two had once been considered a way to sweeten the deal for House conservatives but has since proven divisive.
      Texas Republican John Cornyn, who has pushed for new border restrictions but opposes the latest deal, said he’d support moving forward with funding for Ukraine, Israel and Taiwan and that such a bill would pass the Senate.
      South Carolina Senator Lindsey Graham, a prominent Republican hawk, said he would vote for an aid package without US border provisions.
      “If we fail on the border, we put our country at risk. There is no use letting the world fall apart,” he said.
      The Senate’s top Republican Mitch McConnell told reporters this afternoon that he believes the immigration policy bill will fail to advance in tomorrow’s vote:McConnell had endorsed the legislation after its release this evening, but acknowledged his lawmakers won’t get behind it.Will Donald Trump, should he win the Republican presidential nomination, debate Joe Biden? The Guardian’s Jessica Glenza reports that the chances are not looking great:Joe Biden has dismissed calls from his White House predecessor Donald Trump to “immediately” schedule a presidential debate.Trump skipped every debate this primary season. He continues to refuse to debate his former United Nations ambassador Nikki Haley, a long-shot contender for the GOP’s nomination.“Well, if I were him, I’d want to debate me, too,” Biden told reporters when asked about Trump’s challenge while the president was at a small Las Vegas boba tea shop during a campaign stop. With a bubble tea in hand, Biden added: “He’s got nothing else to do.”Although the primary season is not yet over, both Biden and Trump are considered their parties’ presumptive nominees and have a clear desire to turn their attention to the general election.Biden, who is technically also still in the primary season, has also refused to debate several distant rivals for the Democratic nomination.Trump made his debate challenge on The Dan Bongino Show, NBC reported. Bongino is a conservative talkshow host who for years has boosted Trump as well as Republican conspiracy theories – all widely discredited – that the 2020 election was “rigged”.Also happening today is Nevada’s presidential primary, though its outcome is not expected to be a surprise, and its significance is not particularly big, as the Guardian’s Maanvi Singh reports:The first presidential primary election contest in the western US is underway in Nevada.Although Nevada has backed Democrats in every presidential election since 2008, it recently elected a Republican governor and remains a key swing state where slight changes in turnout could flip outcomes.After Joe Biden secured a victory in South Carolina’s Democratic primary over the weekend, he’s looking to build on his momentum in Nevada. More than 151,000 voters submitted early ballots, ahead of election day on Tuesday.Both Democrats and Republicans are holding presidential primaries on Tuesday, but the Republican competition will hold little meaning. The state’s GOP, which is led by a recently indicted fake Trump elector, will be allocating its delegates based on a separate caucus it is holding on Thursday, in which Donald Trump is the only major contender. Nikki Haley, who is running in the Republican primary but not in the caucus, is expected to grab a symbolic victory in the primaries, which her party is begrudgingly holding to comply with a state mandate.The two-track nomination scheme has been widely criticised as a confusing and cynical scheme to benefit the former president.Donald Trump’s strategy to get out of the charges brought against him for allegedly trying to overturn the 2020 election was dealt a blow when a federal appeals court turned down his argument that he is immune from prosecution because he was acting in his capacity as president. Trump’s campaign vowed to appeal the three-judge panel’s unanimous decision. Meanwhile, the bipartisan bill to approve military aid to Israel and Ukraine and also impose hardline immigration policies is on the verge of death. Republicans in the House and Senate are assailing the legislation, even though the party demanded it as their price to approve the military aid. In a speech at the White House, Joe Biden accused the GOP of “caving” to Trump, and vowed to campaign on the bill’s failure.Here’s what else is going on:
      House Republicans may not have the votes to impeach the homeland security secretary, Alejandro Mayorkas. A vote on the charges is expected later this afternoon.
      Trump’s allies in Congress are not pleased by the appeals court’s ruling against him.
      The judges who rejected Trump’s immunity claim said the former president was essentially arguing to make it impossible to hold presidents to account.
      Joe Biden closed his speech by again making his point that Republicans are undermining border security simply to benefit Donald Trump.“I understand the former president is desperately trying to stop this bill, because he’s not interested in solving the border problem. He wants a political issue to run against me on. They’ve all but said that, across the board, no one really denies that, that I’m aware of,” Biden said.He then vowed to turn the immigration bill’s fate into a campaign issue:
      I’m calling on Congress to pass this bill, get it to my desk immediately. But if the bill fails, I want to be absolutely clear about something: the American people are going to know why it fails.
      I’ll be taking this issue to the country. And the voters are going to know that it’s just at the moment we’re going to secure the border and fund these other programs, Trump and the Maga Republicans said no. Because they’re afraid of Donald Trump. Afraid of Donald Trump.
      Every day between now and November, the American people are going to know that the only reason the border is not secure is Donald Trump and his Maga Republican friends. It’s time for Republicans in the Congress to show a little courage, to show a little spine, to make it clear to the American people that you work for them, not for anyone else.
      Republicans demanded passage of immigration policy reforms in exchange for their votes to fund Ukraine’s military. But now the GOP is rejecting the immigration bill and there’s no apparent path for another round of funding for Kyiv, even amid reports that its military is rationing ammunition it needs to defend against Russia’s invasion.“If we don’t stop Putin’s appetite for power and control in Ukraine, he won’t limit himself to just Ukraine, and the costs for America and our allies and partners will rise,” Joe Biden warned in his speech.“For those Republicans in Congress who think they can oppose funding for Ukraine and not be held accountable: history is watching. History is watching. A failure to support Ukraine at this critical moment will never be forgotten.”After going through the immigration bill’s provisions, Joe Biden noted that he still wants to pursue historic Democratic priorities such as resolving the status of undocumented migrants already living in the United States, and people brought to the country as children.“Now, it doesn’t address everything that I want. For example, we still need a path of documentation for those who are already here. And we’re not walking away from true immigration reform, including permanent protections and a pathway to citizenship for young Dreamers who came here when they were children and who have been good citizens that contribute so much to our country,” the president said. “But the reforms of this bill are essential for making our border more orderly, more humane and more secure.”Most of the immigration bill’s provisions are hardline reforms demanded by Republicans, which have attracted opposition from immigrant rights groups. Nonetheless, the GOP has largely rejected the legislation.In his speech at the White House, Joe Biden accused Republicans of caving to Donald Trump’s wishes and opposing a bill to tighten immigration policy that the party had demanded.“All indications are this bill won’t even move forward to the Senate floor,” the president said.“Why? A simple reason: Donald Trump.”He continued:
      Because Donald Trump thinks it’s bad for him politically, therefore … even if it helps the country, he’s not for it. He’d rather weaponize this issue than actually solve it. So for the last 24 hours, he’s done nothing, I’m told, than reach out to Republicans in the House and the Senate and threaten them and try to intimidate them to vote against this proposal. It looks like they’re caving. Frankly, they owe it to the American people to show some spine and do what they know to be right.
      Joe Biden is expected to at any moment speak from the White House about the Senate’s bipartisan proposal to approve military aid to Ukraine and Israel while also enacting hardline immigration policies Republicans have demanded.All signs point to the president giving the bill its eulogy. The GOP is in open revolt against the legislation, and CNN reports that John Thune, the second-highest-ranking Republican in the Senate, expects it to be voted down on Wednesday:In an interview with MSNBC, Chris Murphy, the Democratic senator who was his party’s lead negotiator on the bill, seemed resigned to the bill’s imminent death:Elise Stefanik, the House Republican Conference chair who is widely viewed as a contender to be Donald Trump’s running mate, echoed his campaign’s talking points as she condemned the failure of his immunity claim.“The precedent set today by the DC Circuit’s decision means that future presidents who leave office will likely face politicized prosecutions by the opposing party,” Stefanik said in a statement.“The President of the United States must have immunity, like Members of Congress and federal judges, which is necessary for any presidency to function properly. I fully support President Trump’s efforts to appeal this unconstitutional ruling to the Supreme Court, where I expect a thoughtful decision to overturn this dangerous precedent.”Unsurprisingly, Donald Trump’s allies in Congress are attacking the unanimous appeals court decision denying him immunity from the federal charges brought against him for trying to overturn the 2020 election.Here’s Jim Jordan, the House judiciary committee chair and one of Trump’s best-known defenders:Without commenting on the decision, House speaker Mike Johnson condemned the prosecution as “lawfare”:As we await Joe Biden’s speech on the immigration and foreign aid bill, here’s the Guardian’s Hugo Lowell with a rundown of what we know about the appeals court’s decision in the foreign aid case, and how it may affect the start of his trial on election subversion charges:A federal appeals court on Tuesday rejected Donald Trump’s claim that he is immune from criminal prosecution on charges that he plotted to overturn the 2020 election results because it involved actions he took while president, declining to endorse such an expansive interpretation of executive power.The decision by a three-judge panel at the US court of appeals for the DC circuit took particular issue with Trump’s position that he could only be prosecuted if he had been convicted in a Senate impeachment trial first.“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power,” the unsigned but unanimous opinion from the three-judge panel said.“At bottom, former President Trump’s stance would collapse our system of separated powers by placing the President beyond the reach of all three branches,” the opinion said. “We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter.”The defeat for Trump technically returns the case and jurisdiction to the trial court. But the adverse ruling paves the way for Trump to seek further appeals that could delay for weeks or months the start of the 4 March trial date set by US district judge Tanya Chutkan in Washington. More