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    ‘A bully’: McCarthy accused of shoving Republican who helped oust him

    A US radio reporter witnessed a remarkable altercation on Tuesday at the US Capitol between Tim Burchett of Tennessee and Kevin McCarthy of California, the Republican speaker eight rightwingers including Burchett ejected from the role last month.Claudia Grisales, of NPR, said: “Have NEVER seen this on Capitol Hill: while talking to Tim Burchett after the GOP conference meeting, former speaker McCarthy walked by with his detail and McCarthy shoved Burchett. Burchett lunged towards me. I thought it was a joke, it was not. And a chase ensued.”According to Grisales, Burchett yelled, “Why’d you elbow me in the back, Kevin?! Hey Kevin, you got any guts!?” and called McCarthy a “jerk”.Grisales said: “I chased behind with my mic.”McCarthy, she said, told Burchett: “I didn’t elbow you in the back.”Burchett said: “You got no guts, you did so … the reporter said it right there, what kind of chicken move is that? You’re pathetic, man.”Telling Grisales he was “stunned”, Burchett said the clash was his first communication with McCarthy since he helped make him the first speaker ever removed by his own party.Last week, McCarthy told CNN Burchett’s vote to remove him was “out of nature” and accused him and his fellow rebels of “car[ing] a lot about press, not about policy, and so they seem to just want the press and the personality”.Burchett said then McCarthy was “bitter”.McCarthy has flirted with or reportedly indulged in physical confrontations before. In January, as rightwingers forced him through 15 votes to become speaker, he confronted Matt Gaetz of Florida on the House floor. Mike Rogers of Alabama, a McCarthy ally, had to be restrained. Gaetz eventually became the ringleader of McCarthy’s removal.In a new memoir, meanwhile, the retired anti-Trump Republican Adam Kinzinger, from Illinois, details two times he says McCarthy shoved him.Kinzinger says McCarthy “tried to intimidate me physically. Once, I was standing in the aisle that runs from the floor to the back of the [House] chamber. As he passed, with his security man and some of his boys, he veered towards me, hit me with his shoulder and then kept going.“If we had been in high school, I would have dropped my books, papers would have been scattered and I would have had to endure the snickers of passersby. I was startled but took it as the kind of thing Kevin did when he liked you.“Another time, I was standing at the rail that curves around the back of the last row of seats in the chamber. As he shoulder-checked me again, I thought to myself, ‘What a child.’”On Tuesday, McCarthy did not immediately comment. At the Capitol, Burchett spoke to CNN.“I was doing an interview with Claudia from NPR, a lovely lady,” he said. “And … at that time I got elbowed in the back. And it kind of caught me off guard because it was a clean shot to the kidneys. And I turned back and there was there was Kevin, and … it just happened and then I chased after him.“Of course, as I’ve stated many times, he’s a bully with $17m in a security detail, and he’s the type of guy that when you’re a kid would throw a rock over the fence and run home and hide behind his Mama’s skirt.“He hit me from behind … that’s not the way we handle things in East Tennessee. We have a problem, somebody’s gonna look him in the eye.”Being hit in the kidneys, Burchett said, was “a little different. You don’t have to hit very hard to cause a little bit of pain, a lot of pain. And so he … just denies it or blames somebody else or something. But I just backed off because … I wasn’t gaining anything from it, if everybody saw it.”Burchett said the incident was “symptomatic of the problems that [McCarthy’s] had in his short tenure as speaker … he wouldn’t turn around and face me. He kept scurrying and trying to keep people between me [to] handle it.” More

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    Republican praises January 6 attacker’s ‘good faith and core principles’

    Seeking leniency for a January 6 rioter charged with assaulting police, the Louisiana Republican congressman Clay Higgins – a former law enforcement officer himself – saluted the man’s “good character, faith and core principles”.In video taken during the attack on Congress on 6 January 2021, the rioter was seen to say: “It’s going to be violent and yes, if you are asking, ‘Is Ryan Nichols going to bring violence? Yes, Ryan Nichols is going to bring violence.’”Nichols, in an affidavit, admitted posting the video, attacking officers with pepper spray and urging rioters on with shouts including, “This is not a peaceful protest”.In court in Washington last week, Nichols, of Longview, Texas, pleaded guilty to two charges: obstruction and assaulting, resisting or impeding police and obstruction of an official proceeding.More than 1,000 arrests have been made over the attack and hundreds of convictions secured, some for seditious conspiracy. Donald Trump, who incited the riot as he attempted to overturn his 2020 presidential election defeat by Joe Biden, faces 17 charges related to his election subversion, four federal and 13 at state level in Georgia.Nine deaths have been linked to the attack staged by the former president’s supporters, including law enforcement suicides.Higgins’ own website describes him as having “spent much of his career dedicated to uniformed service [as] an army veteran and law enforcement officer”. It also says he is “widely regarded as one of the most conservative members of Congress”.Nonetheless, in a letter dated 7 November, he asked the US district judge in Nichols’s case, Royce C Lamberth, to show leniency when passing down sentence.“Sir,” Higgins wrote. “I submit to you this letter in support of Ryan Taylor Nichols. He is a man of good character, faith, and core principles.“I humbly ask that he receive fair consideration of the whole of circumstances regarding his case, condition, and background. He has already served nearly two years in the District of Columbia jail in pretrial confinement, which has been destructive to his physical (liver issues) and mental health (PTSD).”Nichols had been under house arrest since 22 November 2022 and had “not sought to flee nor shown any indication of dangerous activity”, Higgins said.He added: “Prior to his arrest, Mr Nichols had no criminal background and served honorably in the United States Marine Corps. He continued to serve domestically in a search and rescue capacity, even being publicly recognised for his heroic actions on national television.”That referred to Nichols’s commendation by the Louisiana-raised TV host Ellen DeGeneres – in 2018 – and in relation to his work to rescue people and animals stranded by Hurricane Florence.Nichols, Higgins said, “has already paid a tremendous price in time and treasure” for his actions on January 6.“His case must be considered fairly and thoroughly in line with his fundamental constitutional rights.”No date has been set for sentencing. More

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    Ex-Trump lawyer says ‘boss’ was not going to leave White House

    An attorney for Donald Trump has told prosecutors in Georgia that one of the former president’s top aides told her in December 2020 that Trump was “not going to leave” the White House “under any circumstances”, despite having lost the election to Joe Biden.The revelation from Jenna Ellis came during an interview with the Georgia district attorney’s office in Fulton County. Ellis is cooperating as part of a plea agreement in the Georgia election interference case against Trump and various allies.Sections of the video recordings were published on Monday by ABC News and the Washington Post, along with excerpts from interviews with lawyer Sidney Powell and two other defendants who have reached plea agreements in the case in exchange for testifying.Ellis said the longtime Trump aide – his deputy chief of staff, Dan Scavino – told her “the boss” would refuse to cede power. She also alluded to two other “relevant” instances for the case but did not disclose them in the video, apparently prevented from doing so by attorney-client privilege.Ellis described Scavino’s response to her scepticism that Trump had any more legal avenues left to challenge his election loss, saying: “And he said to me, you know, in a kind of excited tone: ‘Well, we don’t care, and we’re not going to leave.’”.The recordings of the four defendants’ statements were required under the terms of their plea deals, in order that their knowledge of events could be used in cases against other defendants.The Post also reviewed statements from Georgia bail bondsman Scott Hall and lawyer Kenneth Chesebro. Chesebro claimed he gave Trump a summary of a memo in which he offered advice on the alternate slates of electors, which were created in a plot to cast fake ballots for Trump in states that Biden had legitimately won. The statements could provide evidence Trump knew of the plot.Powell also explained her sudden rise, and that of other previously lesser known lawyers, to becoming key advisers to Trump in the last days of his presidency: “Because we were the only ones willing to support his effort to sustain the White House. I mean, everybody else was telling him to pack up and go.”Trump faces a total 90 criminal charges in four separate indictments. He is accused of election subversion, retention of government secrets and illicit hush-money payments to a porn actor.skip past newsletter promotionafter newsletter promotionHe also faces civil lawsuits over his business affairs, and a rape allegation a judge deemed “substantially true”. Trump has denied all wrongdoing and sought to portray himself as a victim of political persecution.He continues to hold commanding poll leads over the rest of the candidates for the Republican presidential nomination in 2024. More

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    Supreme court announces ethics code for justices amid public pressure over undisclosed gifts – as it happened

    The highest court in the nation has announced today its justices must abide by an ethics code.The code begins: “A Justice of the Supreme Court of the United States should maintain and observe high standards of conduct in order to preserve the integrity and independence of the federal judiciary.”The news comes on the heels of revelations about undisclosed financial ties involving conservative justices Clarence Thomas and Samuel Alito that many have argued is a conflict of interest for people in their positions.That’s it for this US politics liveblog. Here are the key points from today:
    The US supreme court has issued a new code of ethics following controversies involving conservative justices who failed to disclose financial ties to republican mega-donors.
    Biden is getting ready to meet Xi Jinping on Wednesday in San Francisco – a demonstration of goodwill on the part of China, whose leader hasn’t visited the US in six years.
    2024 Republican presidential candidate Nikki Haley reacted to the news of Tim Scott suspending his presidential bid. “Tim Scott is a good man of faith and an inspiration to so many. The Republican primary was made better by his participation in it,” Haley said on Twitter/X. “South Carolina is blessed to continue to have him as our senator. Scott announced conceded on Sunday, just six months after launching his campaign.”
    New House speaker and Louisiana Republican Mike Johnson has until Friday to garner support for his spending plan, or risk a government shutdown and a fate similar to his predecessor, Kevin McCarthy, who was ousted from the role in October.
    Trump, Trump, and more Trump: The former president received swift condemnation from the Biden-Harris campaign for comparing his political enemies on the left to vermin – language criticized as mirroring that of fascist dictators Adolf Hitler and Benito Mussolini. And ongoing is Trump’s civil fraud trial, after which he could be fined $250m.
    Democratic House minority leader Hakeem Jeffries is considering Mike Johnson’s proposal to stave off a shutdown and discussing it with members.Jeffries says he has concerns with the proposal, specifically what he calls “the bifurcation of the continuing resolution in January and February 2024” as well as Republicans’ failure to address national security and domestic funding priorities of Americans. He also said Democrats wouldn’t accept “any extreme right-wing policy provisions in connection with funding the government”.But he doesn’t reject it outright, writing:
    House Democrats will continue to put people over politics, work with our colleagues to keep the government open and push back against right-wing extremism.
    He added:

    We will proceed this week through the lens of making progress for everyday Americans by continuing to put people over politics.
    What’s not clear is who will enforce the code, or how.The code was released just days before the Senate judiciary committee was expected to vote to authorize subpoenas for Harlan Crow and Leonard Leo – two mega-wealthy donors to conservative causes and political figures, and who paid for luxury trips for justices Clarence Thomas and Samuel Alito.The committee had advocated for an ethics code in the wake of the controversies, and in recent months, justices Amy Coney Barrett, Elena Kagan and Brett Kavanaugh expressed support for one. In May, chief justice John Roberts said there was more the court could do to “adhere to the highest ethical standards”, without providing any specifics.The full 14-page ethics code can be read here:Although judges have long been beholden to certain rules surrounding conduct, this marks the first time the supreme court has published and adopted a formal code of ethics, similar to those of lower federal courts.A statement of the court that precedes the new code says:“For the most part these rules and principles are not new: The Court has long had the equivalent of common law ethics rules, that is, a body of rules derived from a variety of sources, including statutory provisions, the code that applies to other members of the federal judiciary, ethics advisory opinions issued by the Judicial Conference Committee on Codes of Conduct, and historic practice.“The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules. To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct.”The new supreme court ethics code has arrived in the wake of public pressure due to ProPublica’s revelations about undisclosed gifts received by justices.In April, ProPublica revealed supreme court justice Clarence Thomas had taken undisclosed trips paid for by Dallas billionaire and major Republican donor Harlan Crow.In June, it was revealed another conservative justice Samuel Alito, took a trip to Alaska with a Republican billionaire in 2008, which he also did not disclose.The highest court in the nation has announced today its justices must abide by an ethics code.The code begins: “A Justice of the Supreme Court of the United States should maintain and observe high standards of conduct in order to preserve the integrity and independence of the federal judiciary.”The news comes on the heels of revelations about undisclosed financial ties involving conservative justices Clarence Thomas and Samuel Alito that many have argued is a conflict of interest for people in their positions.If found guilty, Donald Trump faces a fine of at least $250m. The former president also might soon lose his business license due to fraud, New York judge Arthur Engoron ruled.Readers can follow along in our standalone liveblog on the trial here.In other Trump-related news, Donald Trump Jr is testifying today as a defense witness in the New York civil fraud trial against him, his father and their company.The Trumps and the Trump Organization are accused of massively inflating the value of their properties in order to secure loans. They have denied any wrongdoing.Upon taking the stand, Trump Jr said: “I’d say it’s nice to be here, but I have a feeling the attorney general would sue me for perjury,” a dig at New York attorney general Letitia James.The Biden-Harris 2024 campaign criticism of Donald Trump’s remarks at the weekend that the campaign, along with others, compared directly to fascistic dictatorial speech, included a list of articles in various US publications.They include prominent voices slamming Trump and the list is below. Meanwhile, the statement from the Biden-Harris campaign, via spokesperson Ammar Moussa, concludes with this remark: “Donald Trump thinks he can win by dividing our country. He’s wrong, and he’ll find out just how wrong next November.”Then it adds: read what they’re saying about Trump’s statement.
    Washington Post: “Trump calls political enemies ‘vermin,’ echoing dictators Hitler, Mussolini”Forbes: “Trump Compares Political Foes To ‘Vermin’ On Veterans Day—Echoing Nazi Propaganda”The New Republic: “It’s Official: With “Vermin,” Trump Is Now Using Straight-up Nazi Talk”HuffPost: “Fascism Expert Offers Truly Chilling Take On Donald Trump’s ‘Vermin’ Rant”
    The Post piece includes this:
    Ruth Ben-Ghiat, a historian at New York University, said in an email to The Washington Post that “calling people ‘vermin’ was used effectively by Hitler and Mussolini to dehumanize people and encourage their followers to engage in violence.”
    One year after their last in-person talks, Xi Jinping and Joe Biden will come face-to-face once again on Wednesday in San Francisco.The encounter will dominate events at the Asia-Pacific Economic Cooperation (Apec) summit as the Chinese and US presidents seek to stabilise relations in an increasingly fraught geopolitical climate.The meeting, which could last several hours, is the culmination of months of lower level dialogues which took place over the summer, with Washington sending more delegates to China than Beijing did to the US.The fact of China’s leader visiting the US for the first time in six years demonstrates some goodwill from the Chinese side.A speech from Xi to the US-China business community would underline his keenness to attract foreign businesses back to China, many of whom have been spooked by the three years of zero-Covid and the recent raids foreign consulting firms, as well as an increasing number of US restrictions on doing business with China, especially in hi-tech sectors.Sweeping restrictions on the export of advanced technology to China will come into effect on 16 November, the day after Xi’s meeting with Biden. The new rules are a tightening of controls introduced last year, aimed at cutting off China’s access to the most sophisticated semiconductors, which are required to develop advanced artificial intelligence. Read more here.The US political news landscape is tense, with a government shutdown looming, Joe Biden getting ready to meet Xi Jinping and Donald Trump being slammed for parroting fascist dictators, even as he dominates the opinion polls a year out from the presidential election.Stay tuned for more news. The day so far:
    The Biden-Harris 2024 election campaign has issued a strong statement condemning remarks Republican presidential front-runner Donald Trump made in a speech on Saturday, Veterans Day, in which he compared his political enemies on the left to vermin.
    GOP presidential candidate Nikki Haley praised fellow South Carolinian Tim Scott after he suspended his White House bid.
    A fourth government shutdown in a decade would have far-reaching consequences for the nation in numerous different fields, including national security.
    New House speaker and Louisiana Republican Mike Johnson is up against the clock to see if he can win support for his suggested spending plan, before the looming government shutdown this Friday.
    The Democrat Abigail Spanberger will quit Congress next year to run for governor of Virginia.Announcing her move a week after voters delivered a rebuke to the current Republican governor, Glenn Youngkin, she cited rightwing threats to reproductive rights and attempts to clamp down on public schooling.“Today, we find ourselves at a crossroads,” Spanberger, 44, said in a video on Monday. “Our country and our commonwealth are facing fundamental threats to our rights, our freedoms and to our democracy.”Last week, voters gave Democrats control of both houses of the Virginia legislature, seemingly ending talk of a late entry into the Republican presidential primary by Youngkin, a governor deemed relatively centrist who has nonetheless chosen to focus on culture war issues in office.Spanberger is seen as a centrist. A former CIA officer and gun control group organiser, she was elected to the US House in 2018 from a state which has trended Democratic but remains keenly fought. In 2022, she won a redrawn seat by her widest margin to date. More

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    Maryanne Trump Barry, former judge and Donald Trump’s sister, dies aged 86

    Maryanne Trump Barry, a retired US federal judge and older sister of the former president Donald Trump, has died. She was 86.Multiple news outlets said Barry died at her home on the Upper East Side in New York City. A person familiar with the matter told the New York Times that Barry was found early on Monday morning. Her cause of death was unknown.The eldest daughter of prominent New York property developer Fred Trump and Mary Anne MacLeod Trump, Barry became an assistant US attorney in 1974 before being appointed to the US district court for New Jersey by Ronald Reagan in 1983. Her appointment to the federal bench, the Times said, was aided by Donald Trump’s then “fixer, the lawyer Roy M Cohn”. In 1999, Barry was appointed to the US court of appeals for the third circuit by Bill Clinton.In 2018, while Donald Trump was in the White House, a New York Times investigation of his tax affairs, aided by Mary L Trump, the president’s niece who had become alienated from the family, prompted a formal complaint over whether Barry engaged in tax schemes in the 1990s.The Times report claimed that Barry, who allegedly benefited financially, was able to use her position of power to benefit her family.Barry retired from the federal bench in 2019.She was long said to be close to her younger brother, but his rise to power and chaotic White House term seemed to change the relationship.In 2020, Mary Trump released recordings in which her aunt could be heard criticising the then president.At one point, Barry was heard to say “the phoniness of it all … the phoniness and this cruelty. Donald is cruel.”She also said: “His goddamned tweet and lying, oh my God … I’m talking too freely, but you know. The change of stories. The lack of preparation. The lying. Holy shit.”Barry was married to the late John Barry, a trial and appellate lawyer.Fred Trump Jr, the oldest of Donald Trump’s siblings and father to Mary L Trump, died in 1981, aged 42.Robert Trump, a younger brother of the former president, died in 2020 aged 71. His funeral was held at the White House.Donald Trump’s first wife, Ivana Trump, died aged 73 at her home in New York City last year. She is buried at Bedminster, the former president’s golf club in New Jersey.Donald Trump, 77, is the clear frontrunner for the Republican presidential nomination next year, despite facing 91 criminal charges and assorted civil threats.Representatives for Trump did not immediately respond to a request for comment. More

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    ‘I’m more worried today than I was on January 6’: top conservative’s warning to America

    Michael Luttig knows the eye of the storm. On the night of 4 January 2021, the retired federal judge advised Mike Pence, the vice-president, against trying to overturn the results of the presidential election. Last year on live television he delivered compelling testimony to the congressional panel investigating the January 6 insurrection.Now, with less than a year until the nation goes back to the polls, Luttig recognises that the battle to save the American republic from the demagoguery of Donald Trump is far from over – and he is more worried than ever before.“I am more worried for America today than I was on January 6,” he warns in a phone interview with the Guardian. “For all the reasons that we know, his election would be catastrophic for America’s democracy.”Luttig, 69, is an unlikely hero of the resistance. Born in Tyler, Texas, he was assistant counsel to the president under the Republican Ronald Reagan, and clerked for then judge Antonin Scalia and the supreme court justice Warren Burger. He served on the US court of appeals for the fourth circuit from 1991 to 2006 and was committed to an “originalist” interpretation of the constitution.He endorsed the George W Bush White House’s post-September 11 policy of declaring terrorism suspects “enemy combatants” so that they could be held by the military without charges. He was an advocate of the death penalty – including for the man who killed Luttig’s own 63-year-old father, John, in a carjacking outside his home.Luttig retired in 2006 and entered the private sector, working for Boeing and Coca-Cola before sliding into what seemed a quiet retirement. But at the dawn of 2021, America was on the brink of a constitutional crisis after Trump lost the election to Joe Biden and pressured Pence to reject the outcome.On the night of 4 January, Luttig received a call from old friend Richard Cullen, who was working as a lawyer for Pence. Cullen explained that John Eastman, who had previously clerked for Luttig, was making the claim that Pence had the constitutional authority to stop certification of the election results.Lutting told Cullen to advise Pence that this was flat wrong and further set out his views on Twitter: “The only responsibility and power of the Vice-President under the Constitution is to faithfully count the electoral college votes as they have been cast.”The vice-president duly stood his ground and spurned Trump, who reportedly branded Pence a “wimp” and complained: “I don’t want to be your friend any more if you don’t do this.” On January 6 a mob of Trump supporters stormed the US Capitol and demanded that Pence be hanged, leaving a trail of death, destruction and excrement, but the results got certified all the same.Testifying to the House of Representatives’ January 6 committee in an almost painfully slow and deliberate manner, Luttig recalled: “On that day, America finally came face to face with the raging war that it had been waging against itself for years. So blood-chilling was that day for our democracy, that America could not believe her eyes and she turned them away in both fear and shame.”As Biden was sworn in, proclaiming that “democracy has prevailed”, and Trump slinked back to his Mar-a-Lago redoubt in Florida, there were hopes that the worst of the storm had passed. But it soon became apparent that Trump wasn’t going anywhere. He continued to hold rallies, call the shots in the Republican party and push the “big lie” that he, not Biden, was the true winner in 2020.Now, despite 91 criminal indictments in four jurisdictions, many of which relate to the attempted coup, he is running to regain the White House in 2024. He is the clear frontrunner for the Republican nomination and, according to a recent New York Times and Siena College poll, leading Biden in five of the six most important battleground states.Should Trump win a second term, the Washington Post newspaper reported this week, he already has plans to use the federal government to investigate or prosecute perceived enemies including his former chief of staff John Kelly, former attorney general William Barr and Gen Mark Milley, the chair of the joint chiefs of staff.A presidency guided by such authoritarian impulses would be “ruinous” for democracy and the rule of law, Luttig predicts. “He did what he did on January 6. He’s continued to maintain for three years that the election was stolen from him. He’s done that with now complete and total support of the Republican party.“All that he has done beginning with January 6 has corrupted American democracy and corrupted American elections and laid waste to Americans’ faith and confidence in their democracy to the extent that today millions and millions and millions of Americans no longer have faith and confidence in their elections.“He’s the presumptive nominee of the Republican party in 2024 and indeed many people believe that he will be the next president.”Luttig, however, has a plan to stop him. In August he joined with the liberal constitutional scholar Laurence Tribe to publish an article in the Atlantic magazine under the headline “The Constitution Prohibits Trump From Ever Being President Again”.The pair argued that section 3 of the 14th amendment automatically excludes from future office anyone who swears an oath to uphold the constitution and then rebels against it. Irrespective of criminal proceedings or congressional sanctions, they contended, Trump’s efforts to overturn the election are sufficient to bar him for life.Luttig elaborates by phone: “The former president is disqualified from holding the presidency again because he engaged in an insurrection or rebellion against the constitution of the United States when he attempted to remain in power, notwithstanding that the American people had voted to confer the power of the presidency upon Joe Biden.“That constituted a rebellion against the executive vesting clause of the constitution, which limits the term of the president to four years unless he is re-elected by the American people. I cannot even begin to tell you how that is literally the most important two sentences in America today.”Luttig draws a fine but important legal distinction between a rebellion against the constitution, as described by the 14th amendment section 3, and rebellion against the United States. He claims that groups that filed lawsuits in Colorado and elsewhere to bar Trump from the ballot are confused on this issue.“They do not yet understand what disqualifies the former president, namely an insurrection or rebellion against the constitution. They have argued the cases as if he is disqualified because he engaged in insurrection or rebellion against the United States.“That’s why they have, unfortunately, focused their efforts on establishing or not that the former president was responsible for the riot on the Capitol. The riot on the Capitol is incidental to the question of whether he engaged in a rebellion against the constitution.”But he adds: “All of these cases – and there’ll be others in the states – is the constitutional process by which the American people decide whether the former president is disqualified from the presidency in 2024. All of these cases are going to roll up to the supreme court of the United States and it will be decided by the supreme court whether Donald Trump is disqualified.”Even some Trump critics, however, have argued that a legal ruling banning him from the race from the White House would enflame America’s divisions, whereas beating him at the ballot box would be more satisfying. Luttig naturally takes a lawyerly view: “The constitution tells us that it is not disqualification that is anti-democratic. Rather, it is the conduct that gives rise to disqualification that the constitution tells us is anti-democratic.”America’s founding document does not allow for second guessing about the political fallout, he adds. “It is the constitution that requires us to decide whether he is disqualified, whatever the consequences of that disqualification might be.”In the meantime Luttig this week helped form a new conservative legal movement, relaunching an organisation formerly known as Checks & Balances as the Society for the Rule of Law. The move was billed as a nationwide expansion aimed at protecting the constitution and defending the rule of law from Trump’s “Make America great again” movement. Its leadership includes Luttig, the lawyer George Conway and former Republican congresswoman Barbara Comstock.“We believe that the time has come for a new conservative legal movement that still holds the same allegiances to the constitution and the rule of law that the original conservative legal movement held but has abandoned,” Luttig explains. “There’s a split in the conservative legal movement that mirrors the split in the Republican party about Donald Trump.”On other side of that split is the Federalist Society, a group that for decades has played a crucial role in grooming conservative judges – its prominent figures have included Leonard Leo, who advised Trump on his supreme court picks – but has said little about the threat posed by the former president to the constitutional order.Luttig, who, unlike Conway, has never been a member of the Federalist Society, said: “We believe that the Federalist Society has failed to speak out in defence of the constitution and the rule of law and repudiate the constitutional and legal excesses of the former president and his administration and, most notably, failed to repudiate the former president’s efforts to overturn the 2020 election.” More

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    Newsom 2024: could the California governor be a rival to Joe Biden?

    One of the strongest candidates for US president in 2024 may be one who’s not yet in the race. There’s growing evidence that Gavin Newsom, the charismatic and energetic Democratic governor of California, is running something of a shadow campaign to Joe Biden and ready to step up if, or when, the incumbent is out of the running.Several developments in recent days suggest Newsom, who romped to re-election a year ago without really campaigning, is ready to bring forward what was already expected to be a strong run for the presidency in 2028.There are mounting concerns inside the Democratic party, matching polling among voters, that Biden is too old for a second term, the start of which in January 2025 would see him two months past his 82nd birthday if re-elected. Some want him to stand down.Newsom, 56, is among a generation of younger, prominent and popular Democrats expected to emerge from the shadow of the old guard, and has stolen a march on his peers with a series of bold moves many analysts see as strategic.Even movie star Arnold Schwarzenegger, himself a Republican former two-term governor of California, thinks a Newsom run at the White House is inevitable.“I think it’s a no-brainer. Every governor from a big state wants to take that shot,” Schwarzenegger said earlier this year.But not all Democrats appear thrilled at the prospect. Pennsylvania US senator John Fetterman, at a dinner in Iowa, connected Newsom with Dean Philips, a congressman who said he is challenging Biden.“[There are two] running for president right now,” he said. “One is a congressman from Minnesota, the other is the governor of California, but only one has the guts to announce it.”This week, Newsom made a financial donation to a Democratic mayoral candidate in Charleston, South Carolina, 2,800 miles from his governor’s mansion in Sacramento. Reaching into political elections in other states is, experts say, a sure sign of a potential presidential candidate wishing to raise their profile on the national stage.“South Carolina is an early state in the primary process for Democrats, and doing well in the early states is seen as momentum for later ones,” said Eric Schickler, professor of political science at University of California, Berkeley, and co-director of its institute of governmental studies.“In fact, Biden’s win in South Carolina is really what propelled him to the top 2020, so building connections to important politicians in the state can certainly be seen by potential candidates as an important step.”Newsom has publicly denied that he has sights on Biden’s job.“I’m rooting for our president and I have great confidence in his leadership,” he told Fox News earlier this year.But while Schickler believes Newsom’s own thinking about the timing of any White House run probably hasn’t changed, he says circumstances have.“The Democratic party’s nervousness about Biden has certainly increased, and with him polling behind Donald Trump in many states, his low approval ratings, young voters being especially disenchanted with Biden, all of that has heightened interest among a lot of party supporters in an alternative,” he said.That alternative might not be Kamala Harris, who as vice-president would usually be assumed Biden’s heir apparent. Her public approval is currently as low as the president’s.So a rising, often progressive-leaning politician such as Newsom, with a wealth of executive and legislative experience, and a willingness to counter head-on Republican policies and personalities, makes for an attractive proposition.“It’s not a situation where there’s like 20, or 50, or 100 Democratic leaders who could be viewed as legitimate. If there were such a group, Newsom has positioned himself pretty well and would be on a very short list along with [Michigan governor] Gretchen Whitmer and a couple others,” Schickler said.“The problem is the party. There’s just a lot of different voices, a lot of different constituencies, and not really anybody or any group that could authoritatively say, ‘Oh, it’s Newsom’.“[But] he would certainly be one of the most serious people. The things he’s doing now, it helps him for 2028, which still is the most likely scenario, and certainly doesn’t eliminate him if something crazy or unexpected were to happen in the next six months.”Other not so subtle clues that Newsom has sights on higher office include his $10m (£8.2m) investment earlier this year in a new political action committee designed to spread the Democratic party’s message in Republican-held states he said have “authoritarian leaders directly attacking our freedoms”.Among the targets is Ron DeSantis, the hard-right Florida governor and faltering candidate for the 2024 Republican presidential nomination. The pair will debate each other on 30 November in a highly anticipated nationally televised event once billed as a clash of two leading White House contenders.“The idea of debating DeSantis was probably a lot more appealing when it really did look like he might actually defeat Trump. In that scenario, showing you can debate him and score a lot of points helps Newsom’s visibility with the party and makes his case that he would be an effective candidate,” Shickler said.“With DeSantis not doing so well, the upside for Newson is less, but there are still Democrats who would be happy to see him debate and defeat him. He only stands to benefit, it’s just the benefit will be smaller.” More

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    ‘I will not be silenced’: Rashida Tlaib won’t stop fighting for Palestinian rights

    As Israeli ground troops battled in Gaza City amid a spiralling civilian death toll on Tuesday, the congresswoman Rashida Tlaib, the sole Palestinian American member of the US Congress, rose to answer a censure motion rebuking her for comments she made about the war.Gripping a photograph of her sity, her grandmother who lives in the occupied West Bank, she defended her stance and declared that she “will not be silenced” and “will not let you distort my words”.“I can’t believe I have to say this, but Palestinian people are not disposable,” Tlaib said, her voice breaking. The congresswoman Ilhan Omar of Minnesota reached to comfort Tlaib, a show of solidarity between the only Muslim women in the chamber. Tlaib continued: “The cries of the Palestinian and Israeli children sound no different to me.”Late that night, 22 Democrats joined nearly all Republicans in censuring Tlaib, a punishment one step below expulsion. As the gavel came down, her closest allies in the Democratic party’s progressive wing, all people of colour, encircled Tlaib as if to form a protective shield.The extraordinary scene crystallised the fierce devotion and respect that Tlaib – one of 14 children of Palestinian immigrants to the US – commands among her political allies, friends, staff members and, according to supporters, many of her constituents in her Michigan congressional district.But in its intensity, it also underlined the fierce passions aroused among critics of the Michigan Democrat, 47, who has become – at least since Hamas’s attack on Israel last month – one of the most polarising figures on Capitol Hill.The censure against Tlaib, proposed by the Republican congressman Rich McCormick of Georgia, accused her of “promoting false narratives regarding the October 7 2023 Hamas attack on Israel and for calling for the destruction of the state of Israel”. Its passage made Tlaib only the 26th member of the House of Representatives to be censured since its formation in 1789.Tuesday’s vote, which came days after she avoided an earlier censure motion, was triggered by the presence of a highly charged slogan, “From the river to the sea, Palestine will be free”, in a video Tlaib posted on social media last week that also accused Joe Biden of supporting “genocide” and called for an immediate ceasefire to Israel’s military offensive in Gaza.However hurtful personally for Tlaib – a legislator known for her diligence and conscientiousness on behalf of her constituents – she signalled that she has no intention of backing down, reflecting the stubbornness Biden himself praised two years ago, when, following a famous eight-minute heated conversation on Palestinian rights on the runway of Detroit’s airport, he complimented her as “a fighter”.“She will not be deterred by a censure motion passed by the House of Representatives. Not a bone in my body believes that,” said Abbas Alawieh, a senior Democratic strategist who previously worked as Tlaib’s legislative director.“Rashida is a person on a mission. She is fiercely protective of the people she loves. She will stop at nothing. For her, to support or not to support a cause isn’t a theoretical political question. It’s a question of whether or not her family members deserve to stay alive. It’s the life or death of people she’s directly connected to.”This commitment has fortified her against a shocking degree of personal abuse that would have felled other politicians, said Alawieh, who recalled spikes in phone calls to her office and verbal attacks in public, often after Fox News or other rightwing news channels had criticised her views.“When I went to work for her, I couldn’t believe how often the phone rang,” he said. “You couldn’t even imagine how many vile, unacceptable bad words could be strung together in sentences. It will be a sentence jam-packed with sexism, racism, Islamophobia – just all of it.”Tlaib, whose father was born in the East Jerusalem neighbourhood of Beit Hanina, has long been a lightning rod for criticism from Israel’s staunchest supporters, who have alleged that her views and rhetoric are antisemitic.In the immediate aftermath of the Hamas attack, she faced backlash from Republicans and some Democrats over her initial statement, in which she expressed grief for the loss of “Palestinian and Israeli lives” but did not mention Hamas, though she did call for “ending the occupation, and dismantling the apartheid system”.She drew additional fire from her critics after being one of nine Democrats to vote against a House resolution – subsequently adopted by a vote of 412-10 – declaring solidarity with Israel after the Hamas attacks.Explaining her opposition in a floor debate on 25 October, she said the resolution was “not a serious examination of the root causes of the violence we are witnessing and doubles down on decades of failed policy”.Unconditional US military support for Israel had failed to bring “peace and justice” to the region, she said.She added: “Achieving a just and lasting peace where Israelis and Palestinians have equal rights and freedoms, and where no person lives in fear for their safety, requires ending the blockade, occupation and dehumanizing system of apartheid.”Her opponents have also pointed to her use of the “river to the sea” slogan. While Tlaib and others justify the phrase as an “aspirational call for freedom, human rights and peaceful co-existence”, critics say it is a pro-Hamas chant calling for the eradication of the Jewish state.The Democratic congressman Brad Schneider of Illinois cited her embrace of the slogan and her refusal to remove a tweet blaming Israel for a devastating explosion at al-Ahli Baptist hospital in Gaza City that killed hundreds, despite Israeli denials and US intelligence claims that a misfired Palestinian rocket had caused the damage.“Congresswoman Tlaib has repeatedly insisted on using inflammatory language that dangerously amplifies Hamas propaganda and disinformation,” Schneider said in a statement. “Representative Tlaib most certainly understands the import and impact of her words and yet still chooses to use them anyway. We are at an exceedingly perilous moment, when emotions and intentions are on a razor’s edge.”Even Bernie Sanders, the leftwing senator from Vermont, who has spoken out forcefully against Israel’s military campaign in Gaza while stopping short of a ceasefire call, voiced muted criticism of Tlaib’s use of the slogan.Calling her a “friend” who had been “shaken” by the bloodshed in Gaza, Sanders told CNN: “We need a serious discussion on how the hell we get out of this difficult situation, maintain democracy, bring peace to the world. And it ain’t easy, but slogans are not going to do it on any side.”The congressman Jamaal Bowman of New York, a fellow member of the progressive “Squad” who has also called for a ceasefire, dismissed the focus on the slogan as “a distraction”, calling Tlaib “one of the strongest, most compassionate people I know”.“Congresswoman Tlaib has always been an advocate of peace, justice and human rights,” he said. “It is false and misleading to imply that she intended to call for destruction or violence. She is not in support of Hamas. We should all be doing everything in our power to end violence against innocent civilians.”Conservatives have demanded Tlaib take down the Palestinian flag displayed outside her congressional office, saying it was disrespectful in the wake of the Hamas attack. One Republican member advocated a ban on foreign flags in the Capitol, while another, the congressman Brian Mast of Florida, wore a uniform from his time serving in the Israel Defence Forces. On X, he wrote: “Tlaib’s Got Her Flag, I’ve Got My Uniform.”Mast later said there are “very few innocent Palestinian civilians … I don’t think we would so lightly throw around the term innocent Nazi civilians”, remarks that some House Democrats believe warrant a censure.Tlaib’s previous outspokenness has landed her in hot water with pro-Israel advocates. The liberal Israel advocacy group J Street withdrew its endorsement of her campaign in 2018 after she publicly voiced support for a one-state solution to the Middle East conflict, in open contradiction of the organisation’s policy favouring two states, Israel beside an independent Palestine. As part of her support for a one-state solution – entailing a single democratic state encompassing Israel and the occupied territories – Tlaib has said she is uncomfortable with the idea of uprooting Jewish settlers from their homes in the occupied West Bank.In a floor speech in 2021, Tlaib, arguing against a bill to send $1bn in additional funding to support Israel’s Iron Dome missile defense program, accused Israel’s far-right government of operating a “violent apartheid system”, a characterization that drew a furious response from longstanding Democratic supporters of Israel. Tlaib, who has long sought to condition aid to Israel on Palestinian rights, was one of just nine lawmakers to vote against the measure.Tlaib has Jewish supporters, particularly among leftwing groups that echo her ceasefire calls and have staged demonstrations in Washington accusing Israel of unleashing a “genocidal” war in Gaza.“Congresswoman Tlaib is truly an incredible person and one of the few members of Congress who genuinely cares about people,” said Beth Miller, political director of Jewish Voice for Peace (JVP), a leftist group that openly describes itself as anti-Zionist.“She has so much warmth and love, and makes everyone feel welcome and safe around her. This is really important because we see this horrible smear campaign that turns her into the opposite of what she is – which is someone who cares deeply for Israelis who have been killed, as well as Palestinians who have been killed. We are proud to be her ally in this.”Eva Borgwardt, the national spokesperson for If Not Now, another Jewish group that has staged ceasefire rallies in concert with JVP, said Tlaib was a victim of anti-Palestinian racism being espoused by Republican politicians who see her as a “threat to their vision of a white Christian supremacist future of America”.“As a Jewish American, I’m absolutely terrified of the implications of the ongoing targeting of Rashida, because Jewish and Palestinian safety is tied together,” she said. “I cannot imagine what it’s like to face what she has dealt with. I can only hope to have a tiny amount of the integrity and strength that it must take to stand up and lead in Congress every day despite threats from other congressmen down the hall.”As the first Palestinian-American woman to serve in Congress, Tlaib carries “a greater burden” when she challenges US policy toward Israel, said Dawud Walid, executive director of the Michigan chapter of the Council on American-Islamic Relations.But he said Tlaib is not acting alone. For many constituents in her district, which includes the city of Dearborn, home to one of the largest Arab American communities in the country, Palestinian rights are deeply personal, he said.“For people in her district, this isn’t some sort of foreign policy issue,” Walid said. “These are people who have family members who are directly impacted by occupation and bombs being dropped on civilians.”Despite her support in the district, Tlaib’s detractors hope that her denunciations of the US response to the Israel-Hamas war will draw a primary challenge from the party’s center, like the ones facing other Israel skeptics within the party.In Detroit, she is now the target of an attack ad by a Democratic pro-Israel group. The ad sharply criticises Tlaib for her vote last month against a House resolution declaring solidarity with Israel following the Hamas assault, as well as her past vote against funding for Israel’s Iron Dome missile defense system. It also argues that her ceasefire bill “would allow the terrorists to rearm themselves”.“We thought it was important for her constituents and neighbors to know that she is not only wrong on the substance, but radically out of step with the Democratic party,” said Mark Mellman, whose group, the Democratic Majority for Israel, is behind the ad.He continued: “We’re trying to see if she might moderate her positions as a result of her constituents. And if not, perhaps someone will be interested in taking her on.”Tlaib’s supporters have denounced the ad’s rhetoric as “dangerous” and demanded its removal in light of a sharp rise in Islamophobia and anti-Arab sentiment.The irony of all this, say longtime associates, is that Tlaib has never set out to be a pro-Palestinian organiser – preferring to focus on local issues such as poverty, pollution and water rights, particularly in African American communities.She campaigned vigorously to win a $600m lead pipe replacement and challenged socially conservative parts of her district with her advocacy for LGBTQ+ rights.“When people in her district think about Rashida in general, they think ‘water is a human right’,” said Alawieh. “She was obsessed with the idea.”That may once have been true. But nationally, her reputation is set to be defined by more global – and more bitterly contested – concerns.For Cori Bush, a progressive Democrat from Missouri who sponsored ceasefire legislation with Tlaib, it is destined to eclipse the present turmoil and land the Michigan congresswoman a place squarely on the right side of history.“Even though the censure happened, people must understand that that is not her legacy,” Bush said. “Rashida Tlaib’s legacy will be about saving lives. It will be about making sure the Palestinians know that they belong and that they should exist in this world.“She will be known for being the freedom fighter and the justice warrior. She will be known for being the peacekeeper.” More