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    Fox News sued for defamation by ex-government disinformation chief

    The former head of a disinformation group created by the US Department of Homeland Security has sued Fox News for defamation, saying its attacks threatened her safety.In the lawsuit filed on Wednesday, Nina Jankowicz alleged that multiple Fox News hosts spread lies about her work, fueling an internet campaign against her that ultimately led to her resignation and the disbandment of the group.Jankowicz was executive director of the Disinformation Governance Board, created to coordinate efforts to combat disinformation posing a threat to US security.The group was created in April 2022 but paused just three weeks later, after a barrage of conservative attacks. Jankowicz resigned and in August the group was shut down.Jankowicz’s lawsuit focuses on three claims she says Fox levied against her: that she intended to censor speech, that she was fired, and that she wanted to give verified Twitter users, including herself, the power to edit others’ tweets, a claim taken from a video clip used out of context.“Several of these falsehoods stand out as especially destructive – and directly contrary to available, verifiable evidence,” the lawsuit says.The lawsuit also says Fox hosts continuously attacked Jankowicz, calling her a “wicked witch”, a “disinformation czaress” and a “lunatic”, among other things.The suit adds: “Fox’s defamatory coverage has caused Jankowicz and her family immense suffering. Jankowicz has been doxxed, threatened, harassed and even cyber-stalked.“Threatening and harassing messages and social media posts are usually linked to Fox’s coverage of Jankowicz and nearly always premised on Fox’s false statement that Jankowicz intends to police online speech.”Speaking to the New York Times, Jankowicz, 34, said Fox News used her as a “punching bag” even after her resignation and the closure of the Disinformation Governance Board.“It shouldn’t be something we just accept,” she said, “that the most powerful cable network in the world can attack individuals willy-nilly and not face any consequences after they ruin their lives.”Fox did not comment to the Times or immediately respond to Guardian inquiries.Jankowicz’s lawsuit references the recently settled $1.6bn defamation suit between Fox News and Dominion Voting Systems, saying the network’s “commitment to stay the course even as readily available information contracted statements of fact made on Fox’s platform” can be seen in both cases.Before the Dominion case was settled, internal communications in court filings revealed that Fox hosts and executives knew Donald Trump’s claims about a stolen election were false but did not stop their broadcast.Last month, Fox and Dominion reached a $787.5m settlement. Fox did not air an apology, though it did acknowledge “court rulings finding certain claims about Dominion to be false”.Fox faces other lawsuits, including a $2.7bn claim from another voting machine company, Smartmatic, and a suit filed by a former producer for the now fired host Tucker Carlson, who accuses the network of sexism and trying to use her as a scapegoat in the Dominion case.Fox has said the former producer’s claims are “riddled with false allegations”. It has called the Smartmatic suit “outrageous, unsupported and not rooted in sound financial analysis”. More

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    ‘We’re living in madness’: George Santos’s constituents on federal charges

    “It’s like we’re living in madness,” said Danielle Gentile at a Brazilian restaurant in Long Island’s Westbury, one of a cluster of towns close to the eastern border of the fabulist Republican congressman George Santos’s third congressional district.“I know politicians lie all the time, but you’ve got to at least try to keep up,” Gentile added. “But what’s he going to say? I didn’t mean to lie? He’s like the Brian Williams of politics.”The hostess’s comments came just hours after Santos was hit with 13 criminal counts in federal court. The 34-year-old politician, flanked by just one defense lawyer, was pitted against five attorneys wielding the power of the government.But Santos did not appear overly fazed, later boasting that he had surrendered earlier in the day to authorities so that his entrance to the imposing criminal justice complex would not happen “under the noses” of the media.He pleaded not guilty to charges alleging financial fraud at the center of a political campaign built on a résumé touting his personal wealth and business success that began to unravel six weeks after he won office.Outside the court, Santos appeared almost to relish the attention of a large number of media that gathered. He refused to answer questions until a podium was produced, and then called the investigation and the charges that followed a “witch-hunt”. He was asked if he would resign (he wouldn’t), and if he would campaign for re-election next year (he would).But within the third congressional district, a typically Democratic suburban district north-east of New York City, the first-generation Brazilian American, who ran as a member of a “new generation of Republican leadership”, is received as a deeply oddball figure.The first five people approached by the Guardian – in a diner and a burger joint – professed to be unfamiliar with Santos or his alleged crimes. “Never heard of him, I’m not into politics,” said one woman crossing the street.A sixth approach – to Jerry Spitzkoff, a gas station manager – elicited a response. “He’s a liar and a thief, and he should go to prison,” Spitzkoff, 70, said. “But I blame both parties and the media. No one looked into him. He’s not the first politician to lie, but this is a beauty: he lied about everything.”Santos’s fabrications were the stuff of a committed fantasist. He had not, in fact, worked at Citigroup or Goldman Sachs, graduated from a New York college, or run a pet rescue charity, and his mother had not been in the 9/11 attacks as he claimed. Nor had he been a producer on the Broadway Spider-Man musical. He had, though, perhaps been a Brazilian drag queen called Kitara Ravache.Not surprisingly, Santos’s tall tales made him a laughingstock and fodder for late-night comics.Life-story embellishments do not produce criminal charges, but material wrongdoing can. On Wednesday, the government charged Santos with crimes ranging from duping donors and stealing campaign funds to lying to Congress and illegally collecting unemployment benefits. He was released on a $500,000 bond about five hours after he surrendered to authorities.“It’s absolutely crazy, but for whatever reason George was able to get through all the traditional checkpoints,” said Joshua Sauberman, who ran for Congress in the district on a Democratic ticket in 2018. “There was no vetting and you had the Democratic candidate saying she couldn’t afford it because they needed to run TV ads. Voters did not have the proper information.”Many in his district maintained a broader distaste for politics of which Santos was a symptom, but not the cause of a political system that has produced two roughly octogenarian presidential frontrunners for 2024.“I wouldn’t trust one word from a politician ever again,” said a tow-truck driver who said his name didn’t matter because he had no intention of getting involved in the business of politics. “I think their job has become to demoralize us. If you listen to them, you just be upset. They bring you down.”But others said Santos’s alleged dishonesty did matter and he would be held accountable for it.“They took his word for it and didn’t check him out because they didn’t think he’d win,” said Rafael Joseph at a restaurant in Mineola. “But nobody knows who he is, and I think they’re going to get rid of him.”On Wednesday evening, the House speaker, Kevin McCarthy, said he would not support Santos in his re-election bid. “No, I’m not going to support him,” he told CNN. “I think he has other things to focus on in his life other than running for re-election.”But Santos said he was determined to fight. “I appreciate everyone’s patience with my presence in Congress and allowing this process to play out. I believe in innocence until proven guilty, and I have my right to prove my innocence just as the government has a right to try to find me guilty.”However this plays out in the coming days, there was little question that voter anger lies with the system, and not necessarily Santos, whom one local voter described as self-starring in a fictitious remake of the 2022 con artist film Catch Me If You Can.Meanwhile, back at the Brazilian restaurant, Gentile was beginning to seat diners.“He’s a little crazy,” she said. “There’s nothing wrong with wearing drag but it seems a little hypocritical to wear it and support a party that opposes it. Everything about him is lie. At least be who you are.” More

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    Trump repeats conspiracy theories and election lies in CNN town hall

    Donald Trump appeared at a CNN town hall on Wednesday night to unleash a litany of lies about the 2020 election and E Jean Carroll’s lawsuit, just one day after a New York jury found the former president liable for sexual abuse and defamation.Trump took questions from a friendly crowd of Republican and undeclared voters in New Hampshire, who often greeted the former president’s divisive comments and gestures toward moderator Kaitlan Collins with laughter and applause.Trump offered his thoughts on everything from the debt ceiling to abortion access and the war in Ukraine, but he frequently deflected when asked to outline specific policy objectives if he takes back the White House next year.The town hall turned combative as soon as it began, with Trump reiterating his lies about the 2020 election as Collins repeatedly interjected.Pressed by Collins on whether he would acknowledge Joe Biden’s victory in the 2020 election, Trump refused to do so. When Collins later asked if he would accept the results of the 2024 election regardless of the outcome, Trump replied, “Yeah, if I think it’s an honest election, absolutely.”Collins appeared to grow exasperated as the 70-minute town hall drew on, telling Trump at one point, “The election was not rigged, Mr President. You can’t keep saying that all night long.”Turning to Trump’s many legal liabilities, she asked the former president for his message to voters who argue that the verdict in Carroll’s lawsuit should disqualify him from seeking office. On Tuesday, a New York jury concluded that Trump had sexually abused Carroll 27 years earlier, ordering the former president to pay her $5m in damages for her battery and defamation claims.Trump responded by attacking Carroll as a “whack job” and raising baseless doubts about the objectivity of the judge who oversaw the case. The New Hampshire crowd welcomed Trump’s offensive and often untrue statements, and some audience members laughed when Collins noted that the former president had been found liable for sexual abuse.The verdict in Carroll’s case came a month after Trump pleaded not guilty to 34 felony charges of falsifying business records in connection to a hush-money scheme during the 2016 election. He also faces potential criminal charges in Georgia and Washington over his efforts to overturn the 2020 election and his alleged mishandling of classified documents.Asked why he had refused to voluntarily deliver the requested documents to federal authorities, Trump replied by calling Collins as a “nasty person”, echoing his characterization of former Democratic nominee Hillary Clinton as a “nasty woman” in 2016.Meanwhile, Trump often shied away from offering a direct response to policy questions. Asked whether he would sign a federal abortion ban, he replied, “I’m looking at a solution that’s going to work. Very complex issue for the country. You have people on both sides of an issue, but we are now in a very strong position. Pro-life people are in a strong position to make a deal that’s going to be good and going to be satisfactory for them.”Trump would similarly not state whether he wanted Ukraine to win its war against Russia, which launched an unprovoked invasion last year. “I want everybody to stop dying,” Trump said. “Russians and Ukrainians, I want them to stop dying. And I’ll have that done. I’ll have that done in 24 hours.”The few policy positions that Trump did clearly articulate may be unpopular with a wide swath of the American electorate. Trump said he was “inclined to pardon many” of those convicted for their participation in the January 6 insurrection at the US Capitol. He also discouraged congressional Republicans from approving an increase in the government’s debt ceiling, which could soon cause a disastrous federal default.“I say to the Republicans out there – congressmen, senators – if they don’t give you massive [spending] cuts, you’re going to have to do a default,” Trump said. “I don’t believe they’re going to do a default because I think the Democrats will absolutely cave.”Trump’s position represents a reversal from his stance during his presidency, when he repeatedly suspended the debt ceiling to allow the government to continue borrowing money. Asked why he had changed his tune, Trump replied, “Because now I’m not president.”The flippant comment was met with laughter and applause, underscoring the former president’s enduring hold on the Republican base. Despite his many legal challenges, Trump remains the frontrunner in polls of the Republican primary field.A number of commentators who had criticized CNN for agreeing to host the town hall cited the contentious nature of the conversation and the audience’s positive reaction to Trump’s lies as confirmation of the network’s poor judgement.“CNN should be ashamed of themselves,” progressive congresswoman Alexandria Ocasio-Cortez said on Twitter. “They have lost total control of this ‘town hall’ to again be manipulated into platforming election disinformation, defenses of Jan 6th, and a public attack on a sexual abuse victim. The audience is cheering him on and laughing at the host.”But CNN defended its decision, arguing voters deserved the opportunity to hear from the current frontrunner in the Republican presidential primary.“Our job, despite his unique circumstances, is to do what we do best,” a CNN spokesperson said in a statement on Wednesday morning. “Ask tough questions, follow up and hold him accountable to give voters the information they need to sort through their choices. That is our role and our responsibility.”Biden appeared to have watched the town hall, as he sent out a fundraising request once the event concluded.“It’s simple, folks,” Biden said on Twitter. “Do you want four more years of that?” More

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    US Senator Dianne Feinstein returns to duty after months-long absence – as it happened

    From 3h agoPresident Joe Biden has begun his address in New York’s Hudson Valley to make his public appeal the country’s debt limit fight.“They’re literally holding the economy hostage,” Biden told a crowd of supporters about MAGA Republican lawmakers.“It makes huge cuts to important programs for millions of working middle-class Americans, programs they count on. According to estimates, the Republican bill would put 21 million people at risk of losing Medicaid,” Biden said about the Republican debt limit bill.“It’s not right,” added Biden, as he vowed to protect Medicaid and Social Security programs.It is slightly past 4pm in Washington DC. Here is a wrap-up of the day’s key events:
    Senator Dianne Feinstein has issued a statement following her return to Washington DC after a months-long absence, saying that she is ready to resume her Senate duties as she recovers from shingles. “Even though I’ve made significant progress and was able to return to Washington, I’m still experiencing some side effects from the shingles virus. My doctors have advised me to work a lighter schedule as I return to the Senate. I’m hopeful those issues will subside as I continue to recover,” she said.
    Joe Biden addressed New York’s Hudson Valley in his public appeal the country’s debt limit fight. “They’re literally holding the economy hostage,” Biden told a crowd of supporters about MAGA Republican lawmakers. “It makes huge cuts to important programs for millions of working middle-class Americans, programs they count on. According to estimates, the Republican bill would put 21 million people at risk of losing Medicaid,” Biden said about the Republican debt limit bill.
    George Santos has been arrested on federal criminal charges. Santos, who turned himself into a federal courthouse in New York, has been charged with seven counts of wire fraud, three counts of money laundering, one count of theft of public funds, and two counts of making materially false statements to the House of Representatives. He has maintained his innocence and said he will fight the charges.
    A group of independent advisors to the Food and Drug Administration unanimously recommended that the birth control pill can be sold without requiring a prescription. The advisors said that the benefits of selling the birth control pill over the counter outweighed the risks. The pill in question is HRA Pharma’s Opill, also known generically as norgestrel, which was approved by the FDA as a prescription drug in 1973.
    CNN, the leading 24-hour news network, will host Donald Trump for a “town hall” forum as if he were a regular candidate leading the race for the nomination of a regular party. The forum comes just one day after Trump was found liable for $5m in damages for sexually assaulting and defaming the journalist E Jean Carroll.
    The former House January 6 committee member Liz Cheney released an attack ad against Donald Trump in New Hampshire on the eve of his appearance there in a controversial CNN town hall. “There has never been a greater dereliction of duty by any president,” Cheney warns in the ad, which focuses on Trump’s incitement of the deadly Capitol attack on 6 January 2021. “Donald Trump has proven he is unfit for office. Donald Trump is a risk America can never take again,” the ad said.
    That’s it from me, Maya Yang, as we wrap up the blog for today. Thank you for following along.Following Santos’s appearance at court earlier today where he faced 13 counts of federal criminal charges, Santos told reporters that he is headed back to Washington DC and that he believes he is innocent.
    “I have to go back and vote. Tomorrow we have one of the most consequential votes in this congress which is the border bill and I’m very looking forward to vote on it.”
    He went on to add:
    “I think this is about innocence until proven guilty… I have my rights to fight to prove my innocence as the government has the right to try and find me guilty… I do my best to be a positive person, life is already as bad as it gets… I believe I’m innocent.”
    Video has emerged of Dianne Feinstein being escorted onto the Senate floor by Senate majority leader Chuck Schumer. Feinstein was sitting in a wheelchair as she was being escorted by Schumer.Feinstein’s office saying that she is currently experiencing vision/balance impairments and at times will need a wheelchair to get around the Capitol, ABC7 reporter Liz Kreutz reports.Senator Dianne Feinstein has issued a statement following her return to Washington DC after a months-long absence, saying that she is ready to resume her Senate duties as she recovers from shingles.
    “I have returned to Washington and am prepared to resume my duties in the Senate… The Senate faces many important issues, but the most pressing is to ensure our government doesn’t default on its financial obligations. I also look forward to resuming my work on the judiciary committee considering the president’s judicial nominees.
    Even though I’ve made significant progress and was able to return to Washington, I’m still experiencing some side effects from the shingles virus. My doctors have advised me to work a lighter schedule as I return to the Senate. I’m hopeful those issues will subside as I continue to recover.”
    Feinstein’s ailing health has led to a handful of lawmakers to demand her resignation.In March, New York congresswoman Alexandria Ocasio-Cortez said that Feinstein should retire as her absence has affected Democrats’ efforts to fill federal courts with liberal judges.A month earlier, Feinstein announced that she will not be seeking reelection in 2024.George Santos has pleaded not guilty to his charges, the eastern district court of New York announced.Santos, who faces a total of 13 charges including wire fraud, was released on $500,000 bond around five hours after he surrendered himself to federal authorities.Santos spoke only a few words in court, answering “yes, ma’am” to the judge presiding over the 15-minute hearing, the Associated Press reports.His lawyer, Joseph Murray, said Santos plans on continuing his reelection campaign and asked the judge for permission to travel freely, though he did surrender his passport.“We’re bringing jobs back all across America. There is no reason to put all this at risk, to threaten a recession, to…undermine America’s standing in the world,” said Biden following a lengthy address about America’s economic progress and the need to maintain it.
    “Republican threats are dangerous and they make no sense… We have to keep going and finish the job… It’s never a good bet to bet against America,” said Biden as he concluded his speech.
    “Would your rather cut…$30 billion from big oil or cut $30 billion from veterans? Would you rather cut big pharma or cut healthcare for Americans? These are real world choices,” urged Biden.He went on to talk about the need to fund the country’s infrastructure, saying, “Under my predecessor’s infrastructure…you became a punchline. Under my watch, we’re making infrastructure…a headline.”
    “How can we be the most prosperous economy in the world without having the greatest infrastructure in the world?” Biden continued.
    “I don’t have anything against Wall Street or hedge fund executives but just pay your taxes, man,” said Biden as he proceeded to talk about tax cuts.
    “I’m not talking about 70% tax rates. At least pay something… We got past the corporate minimum tax of 15%…and it paid for everything we did…
    No billionaires should be paying a lower tax rate than a school teacher or a firefighter,” added Biden.
    He went on to explain that his budget has some of the “strongest anti-fraud proposals ever.
    “I think we should have inspector generals again looking at what we’re spending, where it’s gone and where it’s going to go,” said Biden.
    “The last guy who served in this offie for four years increased the total national debt by 40% in just four years,” Biden said about his predecessor Donald Trump.
    “The Trump tax cuts skewed to the wealthy and large corporations,” he added.
    “I made it clear. America is not a deadbeat nation. We pay our bills… If we default on our debt, the whole world is in trouble,” said Biden, adding that he was pleased but not surprised by Senate Republican minority leader Mitch McConnell’s comment in which he said that the US is not going to default on its debt and that it never has.
    “This is not your father’s Republican party. Here’s what happens if MAGA Republicans get their way. America default on our debt, higher interest rates for credit cards, car loans, mortgages, payments for social security… Our economy would fall into recession and our international reputation will be damaged in the extreme,” warned Biden.
    President Joe Biden has begun his address in New York’s Hudson Valley to make his public appeal the country’s debt limit fight.“They’re literally holding the economy hostage,” Biden told a crowd of supporters about MAGA Republican lawmakers.“It makes huge cuts to important programs for millions of working middle-class Americans, programs they count on. According to estimates, the Republican bill would put 21 million people at risk of losing Medicaid,” Biden said about the Republican debt limit bill.“It’s not right,” added Biden, as he vowed to protect Medicaid and Social Security programs.A group of independent advisors to the Food and Drug Administration unanimously recommended that the birth control pill can be sold without requiring a prescription.The advisors said that the benefits of selling the birth control pill over the counter outweighed the risks.The pill in question is HRA Pharma’s Opill, also known generically as norgestrel, which was approved by the FDA as a prescription drug in 1973.The FDA is expected to issue its final decision this summer on HRA Pharma’s application for over-the-counter sales of its pill.Should it be approved, women across the country will be able to purchase the pill without needing to visit a doctor for a prescription.
    “The FDA has been put in a very difficult position of trying to determine whether it is likely that women will use this product safely and effectively at the nonprescription setting,” Karen Murry, deputy director of the FDA office of nonprescription drugs, said on Wednesday, the New York Times reported.
    “We can’t just approve it based on the experience in the prescription setting without the applicant doing adequate studies to look at what’s likely to happen in the nonprescription setting… But I wanted to again emphasize that FDA does realize how very important women’s health is and how important it is to try to increase access to effective contraception for US women,” she added.
    Our columnist Siva Vaidhyanathan is not a fan of CNN’s decision to host Donald Trump in New Hampshire this evening…CNN, the leading 24-hour news network, will host Donald Trump for a “town hall” forum as if he were a regular candidate leading the race for the nomination of a regular party.The forum comes just one day after Trump was found liable for $5m in damages for sexually assaulting and defaming the journalist E Jean Carroll.Of course, CNN will probably do the same for the three or four others who are likely to challenge him for the Republican nomination (so far, the former UN ambassador Nikki Haley and former Arkansas governor Asa Hutchinson are the only non-crank candidates).A few more might jump in, but the more challenges Trump faces, the more likely he will lock up the nomination on the first primary day, rather than a month later.Putting a microphone and three cameras on Trump as if he were just another candidate and not an instigator of the violent disruption of American democracy and leader of a conspiracy to overthrow the results of a national election is the height of journalistic irresponsibility.Read on…There will be a ghost at the feast – sort of – in New Hampshire later, after the former Republican congresswoman Liz Cheney took out an ad attacking Trump over his incitement of the January 6 attack on Congress which will only play on CNN before and during tonight’s town hall event. Here’s more…The former House January 6 committee member Liz Cheney released an attack ad against Donald Trump in New Hampshire on the eve of his appearance there in a controversial CNN town hall.“There has never been a greater dereliction of duty by any president,” Cheney warns in the ad, which focuses on Trump’s incitement of the deadly Capitol attack on 6 January 2021.“Donald Trump has proven he is unfit for office. Donald Trump is a risk America can never take again.”Trump incited the attack by his supporters in an attempt to block certification of Joe Biden’s election win. Nine deaths have been linked to it. Thousands of arrests have been made and hundreds of convictions secured – some for seditious conspiracy.Trump was impeached for inciting an insurrection but acquitted by Senate Republicans.Cheney, the daughter of the former congressman, defense secretary and vice-president Dick Cheney, was vice-chair of the House committee which investigated the Capitol attack and, regarding Trump, made criminal referrals to the Department of Justice.Cheney lost her Wyoming seat to a Trump-backed challenger last year.Now working on a book – entitled Oath and Honor: A Memoir and a Warning – she has not counted out running for the Republican nomination against Trump, or running for president as an independent conservative.Read on… More

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    Republicans holding economy ‘hostage’, says Biden on US debt ceiling – video

    Joe Biden has accused Republican lawmakers of ‘holding the economy hostage’. Speaking at New York’s Hudson Valley in an appeal to lift the country’s debt limit, Biden said: ‘They’re literally, not figuratively, holding the economy hostage by threatening to default on our nation’s debt.’ Biden added: ‘There is no reason to put all this at risk, to threaten a recession, to … undermine America’s standing in the world’ More

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    The Guardian view on consequences for Trump: this beginning took bravery | Editorial

    A 79-year-old advice columnist – along with a handful of other brave women who testified in her case – has done what legal and political institutions have not yet managed: held the former president Donald Trump accountable in law for his actions, and for his lies.In finding that he sexually abused E Jean Carroll in the 1990s, and subsequently defamed her, albeit not finding him liable for rape, the jury in her civil suit laid down an important marker.Though it awarded $5m (£4m) to Ms Carroll, money cannot erase the initial attack, the intrusive memories she has endured or her continued avoidance of romantic or sexual relationships. Mr Trump compounded the damage when he attacked her as a “wack job” pursuing a “hoax” after she described what had happened.It required courage to take on a man who was one of the most powerful people in the world, who may be so again, and who attracts and encourages irrational and aggressive support. She has received death threats, and the judge advised jurors to remain anonymous “for a long time”. Asked if she regretted bringing the case, Ms Carroll replied: “About five times a day.”It is too easy to write off this hard-earned victory by focusing solely on the fact that its impact on voters is likely to be limited. No one imagines it will sink Mr Trump’s political fortunes. His ability to float past or even capitalise upon his worst acts, transmuting them into fundraising and campaigning capital, is both remarkable and depressing. His support has proved resilient through impeachment, indictment and general disgrace. But this verdict stands on its own merits, in curtailing the impunity he has enjoyed for too long.It would be wrong to imagine that any case could fix a broken political system, or, indeed, root out entrenched misogyny. It is a sign of just how bad things are that it is entirely likely that the Republicans will go into the 2024 presidential election with a candidate found by a court to be a sexual abuser – and that, if they do, he may well win.Mr Trump was elected in 2016 even after the emergence of the Access Hollywood tape in which he boasted that “When you’re a star, they let you do it … Grab them by the pussy. You can do anything.” At that point, Republicans attacked him over his words. On Tuesday, most were silent about his deeds. Though the tally of women accusing him of assault has risen to at least 26, his share of the female vote actually rose in 2020, with an outright majority of white women backing him. Nonetheless, he did not want this trial, still less this outcome, and has said he will appeal, claiming the case to be part of “the greatest witch-hunt of all time”.This was a victory for Ms Carroll and, as she has said, for other women. It reflects the legacy of the #MeToo movement, sometimes written off as a blip due to the backlash against it. The journalist herself credited the flood of allegations about powerful, predatory men with persuading her to speak out. It also led to the New York law that temporarily lifted the statute of limitations on such allegations, making her case possible.Change does not always come in immediate, dramatic and decisive fashion. It may be slow, halting, partial and unsatisfactory, yet nonetheless real and significant. Mr Trump now faces mounting jeopardy on multiple legal fronts. Whatever the outcome of other cases, this one still counts.
    Do you have an opinion on the issues raised in this article? If you would like to submit a response of up to 300 words by email to be considered for publication in our letters section, please click here. More

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    E Jean Carroll v Donald Trump: how the civil court case unfolded

    When E Jean Carroll, a magazine writer, came forward to describe how she was sexually assaulted by Donald Trump in a Manhattan department store in 1996, Trump called her claim “a complete con job” and accused her of making it up to sell books. But on Tuesday, a New York jury – in a civil, rather than criminal, case – disagreed. They found that he was liable for sexual abuse and defamation – and ordered him to pay her $5m (£4m) in damages.The jury did not find that Trump had raped Carroll, as she alleged. But it said he was shown by a preponderance of the evidence to have sexually abused her, and then told a malicious falsehood about her that did serious damage to her reputation. After years of credible allegations of sexual misconduct against Trump, Tuesday’s verdict is the first time that a court has said that such a claim has been proven to be true.Here’s a summary of the case.How E Jean Carroll came forwardCarroll, a writer and advice columnist, first went public with her accusations against Trump in 2019, in the aftermath of the revelations about Harvey Weinstein that sparked the #MeToo movement. In a book excerpt published in New York magazine, Carroll wrote that after a chance encounter at the Bergdorf Goodman department store, Trump forced her against a wall and pulled down her tights before pressing his fingers into her vagina and raping her.She had never come forward before, she said, having seen the treatment handed out to other victims and concluding that it “never sounded like much fun”. And, she said, “I run the risk of making him more popular by revealing what he did.”Because the statute of limitations had expired, there was no prospect of Trump facing criminal charges over her allegations. But last year, New York state passed the Adult Survivors Act, allowing victims a one-year window to file a sexual assault lawsuit over older cases. That is how the case wound up in a Manhattan courtroom for the last two weeks.The case against Trump – and what the jury saidBecause the trial in New York was a civil rather than criminal case, Trump faces only a financial sanction and has not been convicted of anything. Carroll’s lawsuit sought damages for battery – a technical term for her claims that he “forcibly raped and groped” her – as well as for defamation after he responded to her 2019 allegations by calling her a liar. A summary of the key evidence heard by the jury is here.Carroll told the jury: “I’m here because Donald Trump raped me, and when I wrote about it, he said it didn’t happen. He lied and shattered my reputation. I’m here to try and get my life back.”The jury was asked to reach a decision on the basis of the “preponderance of evidence” standard that applies in civil cases – that is, that the claims were more likely to be true than false. (You can see how her lawyer defined that here.) The judge told them to put “beyond reasonable doubt” out of their minds.The jury of six men and three women found that Carroll had not proved rape by that standard. But they said that she had shown that Trump had sexually abused her, and that she was injured by his conduct.They also found that Trump defamed her by claiming that her allegations were a hoax. They ordered him to pay her just over $2m in damages over sexual abuse, and almost $3m over the defamation.Carroll’s evidenceIn her testimony, Carroll gave a detailed account of the incident, and how it has affected her life. Ever since, she said, she has found it impossible even to smile at a man she was attracted to, adding: “It left me unable to ever have a romantic life again.”Carroll’s case was bolstered by evidence from two friends of hers confirming her account that she had immediately told them about the incident. Another significant plank of Carroll’s case was the evidence from two other women – Natasha Stoynoff and Jessica Leeds – who say that they were sexually assaulted by Trump,, and described incidents of forcible groping and kissing 36 years apart.The jury were also played the infamous Access Hollywood tape, made public during the 2016 election campaign, in which Trump said: “When you’re a star, they let you do it. You can do anything … Grab ‘em by the pussy.” Carroll’s lawyer argued that the evidence revealed that Trump was a “predator” with a “playbook” for sexual assault.skip past newsletter promotionafter newsletter promotionTrump’s evidenceDespite claiming that Carroll was the perpetrator of a malicious hoax against him, and saying on a visit to Scotland that he was “going to go back and I’m going to confront this woman”, Trump did not testify in the case. Nor did his lawyer, Joseph Tacopina, call any witnesses. Tacopina claimed that this was because “Donald Trump doesn’t have a story to tell here, other than to say it’s a lie”.While Trump didn’t appear in person, the jury did see footage from a deposition he gave in the case. (You can watch it here.) He denied Carroll’s accusations by saying that she was “not his type” – but also mistook her in a photograph for his ex-wife, Marla Maples. Carroll’s lawyer Roberta Kaplan – who Trump volunteered was also “not his type” – suggested that his confusion undermined his claim that he was not attracted to Carroll.On his remarks in the Access Hollywood tape that famous men can grab women’s genitals, Trump said that “historically, that’s true with stars … unfortunately or fortunately”, and said that he considers himself a star. Kaplan said he had in effect been “a witness against himself”.When cross-examining Carroll, Tacopina took an approach that Chris McGreal wrote had “​​raised more than a few eyebrows in the legal community and left some spectators in court aghast”, casting doubt on the plausibility of her evidence not to have screamed or have called the police. Carroll replied: “One of the reasons women don’t come forward is because they’re always asked: ‘Why didn’t you scream?’ Some women scream. Some women don’t. It keeps women silent.”The consequences for Trump’s political careerIn 2016, Trump famously boasted: “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters.” Now a version of that question appears central to his prospects of another shot at the White House.In the aftermath of the verdict, Trump’s supporters variously focused on the fact that he had not been found liable for rape, ridiculed the standard of proof applied in the case (as is quite typical in civil suits), and made dark claims of political conspiracy. Trump himself claimed that he got “treated very badly by the Clinton-appointed judge”, called the case “a continuation of the greatest witchhunt of all time”, and said he had “no idea who this woman is”.Trump is likely to appeal, though most legal analysts see few plausible grounds to do so. The first live forum in which he is likely to face questions over the case comes on Wednesday, in a town hall event for CNN.Given Trump already has a variety of other legal cases hanging over him, and has faced multiple allegations of sexual misconduct in the past, it seems unlikely that his avowed supporters will see much in the verdicts to persuade them to change their minds. Even his rivals for the nomination will probably perform verbal gymnastics to avoid directly criticising him over the outcome, lest they alienate the Republican base.There was “no chorus of Democrats and Republicans calling for Trump, 76, to drop out of the primary”, David Smith writes in his analysis. Trump is seven points ahead of Joe Biden in the most recent poll. But there is already plenty of electoral evidence that swing voters have been put off by the allegations that have long been attached to him – and the jury’s finding in this case is arguably the most concrete proof of bad character that he has ever had to face. More

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    Dear CNN, giving Trump a town-hall platform is the height of irresponsibility | Siva Vaidhyanathan

    With 18 months to go before the next US presidential election, it’s already clear that – barring a physical collapse or two – Joe Biden will represent the Democrats and Donald Trump will carry the hopes of Republicans.This will be the first presidential election after one of the candidates, the president at the time, tried to foment a violent insurrection to overturn the last election. It will be the first election since 1912 in which a former president (in that case Theodore Roosevelt) challenges a sitting president (in that case William Howard Taft). It will be the first election in American history in which one candidate has already been impeached – twice, in fact. It will be the first election since 1800 in which one of the major candidates can reasonably be called a threat to or disloyal to the United States of America (Aaron Burr in 1800 was the first). And Burr had not yet revealed his propensity for treachery in 1800. It will be the first election in which one of the candidates has been indicted on state criminal charges (and possibly federal charges by the time of the election).In other words, it will be a weird election in every way. Yet, despite staring at a growing, violent, nativist, fascist-like movement that doggedly supports Trump, the mainstream American news media seems poised to treat both candidates as if they are viable, reasonable representatives of the traditions their political parties have grown to symbolize.It’s as if they have learned nothing.CNN, the leading 24-hour news network, will host Trump for a “town hall” forum in New Hampshire on Wednesday, as if he were a regular candidate leading the race for the nomination of a regular party. Of course, CNN will probably do the same for the three or four others who are likely to challenge him for the Republican nomination (so far, the former UN ambassador Nikki Haley and former Arkansas governor Asa Hutchinson are the only viable non-crank candidates).A few more might jump in, but the more challenges Trump faces, the more likely he will lock up the nomination on the first primary day, rather than a month later.Putting a microphone and three cameras on Trump as if he were just another candidate and not an instigator of the violent disruption of American democracy and leader of a conspiracy to overthrow the results of a national election is the height of journalistic irresponsibility.The conservative columnist Alyssa Farah Griffin defended CNN by saying that the host, Kaitlan Collins, is “tough” and won’t let Trump “get away with lying without being called out”. That’s exactly the problem. CNN is in the business of performing toughness and balance, not primarily producing journalism that serves to enlighten citizens and enhance democracy. CNN seems to exist to create tweetable moments of anchor “toughness”, through which the celebrities who appear on air make events and interviews all about them. The CNN faces are tough enough to stand in the wind and rain of a hurricane, and tough enough to call out a politician – even a bully like Trump – for lying. But that’s easy and shallow. Ultimately, it hurts democracy.The issue is not whether Trump gets caught in a lie or “gets away” with something. Trump doesn’t care when that happens and neither do Republican supporters. We have 40 years of Trump shamelessness to demonstrate that – seven years of Trump as a political figure. He has been “called out” time and time again. It makes no difference to his support or to his habits. Exposing Trump as a liar changes no minds about anything.But he will receive the imprimatur of respectability for warranting this platform in the first place. CNN and all journalists must concede that they perform that work, despite wishing and pretending they did not. They have just been too lazy to question doing things the way they had always done things. Every major news organization has done the same. No one has wanted to admit it is a dangerous moment or new environment.So how should mainstream journalistic organizations like CNN cover Trump – or any candidate – through the election? All plans and policies should be based on the realization that democracy is under direct threat from many small factions in the United States, supported by at least one foreign power (Russia), and that they all support the return of Donald Trump to power. Trump himself is immune to shaming and exposure. So that 20th-century assumption about shining a light or exposing or embarrassing a wrongdoer is not appropriate now. The situation is more dire and the political climate in the United States is beyond such tepid, genteel moves.News organizations should do everything differently. No more “town halls” for any candidate, not just Trump. No more interviews in comfortable chairs and good lighting intended to demonstrate both access to power and a certain toughness in approach. No more unfiltered coverage of rallies and speeches as if they constitute “news” before they are ever broadcast or rendered in text.Coverage should be driven by clear editorial choices. Journalists should decide what the candidates will respond to. They should approach each story based on an issue at hand, in the country, in the world, rather than whatever the candidate chooses to say that day. Every report should be couched in deep context, with every quote encased in statements and reminders of the candidate’s record, the facts about the issue, and what the choice is for voters.Reports should be delivered as multimedia packages, accompanied by deep research just a click away from the video, audio or text that invites the citizen into the story. Organizations should begin planning such coverage now so that nothing they do gets hijacked by shenanigans or games by any candidate – with full knowledge that hijacking the normal practices of 20th-century political journalism was precisely Trump’s strategy from 2015 through today. Steve Bannon told us so. Editors and reporters chose not to take it seriously.If a potential story does not serve to inform voters about what is at stake, it should never make it to publication or broadcast. That’s a simple test: does this story enlighten and enable the electorate? Or does this story merely serve to enrage and entertain the electorate? The moment when news organizations began gathering deep and sophisticated data about audience engagement, they began competing for attention against games and pornography and sitcoms and YouTube clips. That’s a fact of the business and a fact of life. But pandering to that fact instead of resisting it is rendering journalism incapable of functioning because journalism can never win the entertainment game.News organizations must accept that they make news by virtue of their choices. They don’t cover things that already exist as “news”. They are political actors. They must choose democracy or risk being used for free by the forces that oppose democracy. The stakes are too high to continue doing business as usual. The stakes are high in a business sense, of course. But they are higher in the sense of our survival as a democratic republic in a world in which democracy is in danger. More