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      Joe Biden withdraws from presidential race after weeks of pressure to quit

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      Joe Biden has withdrawn from his presidential re-election race and endorsed Vice-President Kamala Harris to take his place at the top of their party’s ticket, an extraordinary decision upending American politics that plunges the Democratic nomination into uncertainty just months before the November election against Donald Trump – a candidate Biden has warned is an existential threat to US democracy.“While it has been my intention to seek re-election, I believe it is in the best interest of my party and the country for me to stand down and focus solely on fulfilling my duties as president for the remainder of my term,” Biden said in a letter announcing his decision.Biden thanked Harris in his letter and later endorsed her as the Democratic nominee for president in a tweet. He said he planned to speak to the nation in more detail later this week.“My fellow Democrats, I have decided not to accept the nomination and to focus all my energies on my duties as president for the remainder of my term. My very first decision as the party nominee in 2020 was to pick Kamala Harris as my vice-president. And it’s been the best decision I’ve made,” he said.“Today I want to offer my full support and endorsement for Kamala to be the nominee of our party this year. Democrats – it’s time to come together and beat Trump. Let’s do this.”Harris thanked Biden in a statement “for his extraordinary leadership as president”. She also said “with this selfless and patriotic act, President Biden is doing what he has done throughout his life of service: putting the American people and our country above everything else.“I am honored to have the president’s endorsement and my intention is to earn and win this nomination,” she said. “I will do everything in my power to unite the Democratic party – and unite our nation – to defeat Donald Trump and his extreme Project 2025 agenda.“We have 107 days until Election Day. Together, we will fight. And together, we will win.”The president made the stunning announcement after a weeks-long pressure campaign by Democratic leaders, organizers and donors who increasingly saw no path to victory so long as the embattled incumbent remained on the ticket. More than 30 Democratic members of Congress had called on Biden to step aside. As recently as Friday, his campaign had insisted he was staying in the race. An ABC News/Ipsos poll released on Sunday found that 60% of Democrats believed he should end his run. The same poll found that nearly 76% of Democrats would be satisfied with Harris as the nominee.Biden’s decision to withdraw appears to have been abrupt. The president told his senior staff on Sunday afternoon that he had changed his mind about staying in the race, and campaign officials were still reportedly on the phone with delegates asking if they could count on their support.In a post on Truth Social, Trump said Biden “was not fit to run for President, and is certainly not fit to serve – And never was!”Biden “only attained the position of President by lies, Fake News, and not leaving his Basement”, Trump said. “All those around him, including his Doctor and the Media, knew that he wasn’t capable of being President, and he wasn’t.”Trump went on to list a series of falsehoods about immigration, concluding: “We will suffer greatly because of his presidency, but we will remedy the damage he has done very quickly. MAKE AMERICA GREAT AGAIN!”Minutes after Sunday’s announcement, Trump told CNN that he believed it would be easier to defeat Harris than it would have been to beat Biden.It is unclear if any other Democrats will try to challenge Harris for the nomination. And it is still not clear whether she is better positioned to beat Trump. An NBC News poll from earlier this month showed Trump leading Biden and Harris by 2 points, which was within the survey’s margin of error.Barack Obama, the former president who selected Biden as his vice-president for both of his terms, released a lengthy statement on Sunday praising Biden’s decision. There had been reporting in recent days that there was tension between the two men over Biden feeling like Obama and other Democrats were trying to push him out.“Joe Biden has been one of America’s most consequential presidents, as well as a dear friend and partner to me,” said Obama, who won the presidency in 2008. “Today, we’ve also been reminded  –  again – that he’s a patriot of the highest order.“I also know Joe has never backed down from a fight. For him to look at the political landscape and decide that he should pass the torch to a new nominee is surely one of the toughest in his life. But I know he wouldn’t make this decision unless he believed it was right for America. It’s a testament to Joe Biden’s love of the country – and a historic example of a genuine public servant once again putting the interests of the American people ahead of his own – that future generations of leaders will do well to follow.”Obama, who stopped short of endorsing Harris, said Democrats would be navigating “uncharted waters in the days ahead”. He added: “But I have extraordinary confidence that the leaders of our party will be able to create a process from which an outstanding nominee emerges.”Former House speaker Nancy Pelosi, who in recent days had become a major figure signaling concerns among Democrats Biden would be able to win the race, spoke glowingly of his decision on Sunday.“President Joe Biden is a patriotic American who has always put our country first. His legacy of vision, values and leadership make him one of the most consequential presidents in American history,” she wrote.Bill and Hillary Clinton endorsed Harris in a joint statement. “We are honored to join the president in endorsing Vice-President Harris and will do whatever we can to support her,” the former president and secretary of state said.skip past newsletter promotionafter newsletter promotionHarris’s nomination is not automatic, and there are other Democrats – including the Michigan governor, Gretchen Whitmer, the California governor, Gavin Newsom, and the Illinois governor, JB Pritzker – who could seek the nomination. If any of those candidates were nominated in Chicago next month, they would face the monumental task of introducing themselves to voters, crafting a campaign message and defeating Trump – all in two and a half months.Citing sources, CBS News on Sunday reported that neither Whitmer nor Newsom intended to pursue the Democratic nomination. The network added: “There’s no one at this moment preparing behind the scenes to challenge Vice-President Harris.”Whitmer said in a Sunday tweet: “President Biden is a great public servant who knows better than anyone what it takes to defeat Donald Trump. My job in this election will remain the same: doing everything I can to elect Democrats and stop Donald Trump, a convicted felon whose agenda of raising families’ costs, banning abortion nationwide, and abusing the power of the White House to settle his own scores is completely wrong for Michigan.”The chair of the Democratic National Committee, Jaime Harrison, said the party would “undertake a transparent and orderly process to move forward” to choose a candidate to defeat Trump in November.A disastrous debate performance last month, and his uneven public appearances since, have only exacerbated longstanding voter concerns that the 81-year-old president was simply too old to serve another four years.Democrats immediately praised Biden’s decision, including Chuck Schumer, the majority leader in the US Senate, and one of several Democrats who had been pressuring Biden to step aside.“Joe Biden has not only been a great president and a great legislative leader but he is a truly amazing human being. His decision of course was not easy, but he once again put his country, his party, and our future first,” Schumer said in a statement.The US House speaker, Mike Johnson, suggested during appearances on Sunday talkshows that Republicans would bring legal challenges to attempt to block efforts to change the Democratic ticket. Experts are skeptical those efforts will succeed.Johnson was also one of several top Republicans who called on Biden to resign the presidency – something Biden is almost certain not to do.“If Joe Biden is not fit to run for president, he is not fit to serve as president. He must resign the office immediately,” Johnson said, adding that election day on 5 November “cannot arrive soon enough”.The Ohio senator JD Vance, Trump’s running mate, made similar comments on Sunday.Biden’s decision to step aside, though remain as president, caps a singular few weeks in American politics, the latest stunning episode in an unusually tumultuous election season.Trump, the former president and Republican nominee, narrowly survived an attempt on his life during a campaign rally in Pennsylvania that bloodied his ear and left one spectator dead. Biden, after appealing for calm in the wake of attack, had returned to the campaign trail last week determined to salvage his candidacy and once again prove his doubters wrong.In media appearances, the president was defiant, insisting that he would remain the party’s standard-bearer in November. On Wednesday, before delivering remarks at a conference in Nevada, he tested positive for Covid.The president’s withdrawal pushes the Democratic party into largely uncharted waters, with its national convention scheduled to begin on 19 August in Chicago. The nominee will also have a tight window to choose a running mate to take on Trump and Vance. It is not clear how Democrats will choose a new ticket.After serving as Biden’s vice-president, Harris, 59, has the largest national profile of any Democratic candidate, and delegates may view her as the safest option. Campaign finance experts also say that Harris would have the most straightforward legal argument to keep the Biden campaign’s fundraising haul, while another nominee might have to forfeit that money. As of late May, the Biden campaign had $91.6m in cash on hand. More

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      in Elections

      Pro-Trump multimillionaire and election denier boosts funds to far-right voter-conspiracy groups

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      The multimillionaire and prominent election denier Patrick Byrne has been boosting his funding to the Maga-allied America Project and using it to steer six-figure checks to far-right groups that push voting conspiracies in Arizona, Michigan and elsewhere, according to tax records and voting experts.Byrne, the former CEO of online retailer Overstock.com, said last fall that only $3m of the $30m the Florida-based project had raised at that point came from “the public”, with the rest coming from him.In 2022, the America Project almost doubled its revenues to $14.3m versus some $7.7m the prior year, according to tax records first disclosed by Issue One, a bipartisan political reform group.The America Project was launched in April 2021 by Byrne and Michael Flynn, the former national security adviser to Donald Trump when he was president; both Byrne and Flynn have been vocal purveyors of falsehoods that Trump lost the 2020 election due to fraud. They were also both at a meeting with Trump and others in late 2020 to brainstorm ways to overturn his loss.The project’s website features bogus claims about election fraud stemming from early and mail voting, and styles itself as “an America First non-profit organization defending rights and freedoms, election victory, and border security to save America”.The project also boasts that its goal is “to be a symphony conductor of the pro-freedom, pro-constitutional movement, synchronizing and magnifying the efforts of those who wish to ally with us through connecting, training, funding, and working together to save America”.In practice, the America Project and Byrne have sent hundreds of thousands of dollars to the Arizona-based We the People AZ Alliance, and Michigan-based United States Election Investigation and Lawsuits Inc, triggering alarms by election watchdogs and some GOP veterans due to their incendiary election denialist stances and leaders.The Arizona alliance was co-founded by Shelby Busch, a vice-chair of the Maricopa county Republican party, who in late June was caught on video threatening to kill the top county election official, Stephen Richer, the Maricopa county recorder.Busch opined she would accept only “a good, Christian man that believes what we believe”.Richer, who is Jewish, said in a tweet: “This isn’t healthy. And it’s not responsible. And we shouldn’t want it as part of the Republican party” – noting Busch’s key role as a conservative activist.The Anti-Defamation League and some religious groups have condemned Busch, who is also the state chair to the Republican National Committee, for her remarks. Busch did not return calls seeking comment.Busch, who has been an adviser to Arizona Republican Senate candidate and major election denier Kari Lake, told Politico in a statement in June that “everyone knows I don’t like Richer” but said her comments were just a “joke” and “she would never condone violence”.The Arizona-based Republican consultant Tyler Montague told the Guardian “it takes a lot to make Maga world wince, but it happened when Shelby Busch said she would lynch Stephen Richer, and dog-whistled to Christian nationalists about needing someone with Christian values because Richer is Jewish”.“She was at the heart of promoting election fraud conspiracies, and is connected to Patrick Byrne, who funds the big lie and her Arizona group,” he said.Busch’s group has hauled in close to $400,000 from Byrne personally and the America project since the start of 2023, according to state campaign finance records. Of that total, Byrne has chipped in $280,000, while the America Project has given $120,000.Joe Flynn, Mike Flynn’s brother, who was president of the group for most of 2022, told the Guardian that the project tapped Busch as its Arizona “coordinator” for its 2022 poll-watching training, canvassing and “election integrity” program, dubbed Operation Eagles Wings.Unveiled in early 2022, Operation Eagles Wings was touted as an effort to “expose shenanigans at the ballot box” and to ensure “there are no repeats of the errors that happened in the 2020 election”. Byrne indicated early on that he was backing the operation with $3m.Campaign finance watchdogs raised red flags about Byrne’s and the project’s hefty funding of Busch’s operation.“This group has been bankrolled by deep-pocketed donors who are obsessed with fringe theories about election administration,” said Michael Beckel, Issue One’s research director.Citing Byrne and the MyPillow chief Mike Lindell as key funders of Busch’s group, Beckel added: “At a time when people across the political spectrum should be standing up to defend the integrity of our safe and secure elections, election deniers have used the We the People AZ Alliance to further erode trust in elections.”Neither Flynn is affiliated with the America Project any longer. Byrne did not return a phone call seeking comment.Elsewhere, Byrne and the America Project have donated more than $1.1m to a law firm and a group tied to the election conspiracist and attorney Stefanie Lambert. Lambert has notably defended Byrne in a $1.6bn lawsuit by Dominion Voting Systems, who charged him with defamation for his claim the company helped rig the 2020 election.The America Project’s largest single donation in 2022, $700,000, went to the Michigan-based United States Election Investigation and Lawsuits Inc, a group that Lambert co-founded, as Detroit News first reported. Another $430,000 went to Lambert’s Michigan law firm, according to 2022 tax records.Lambert was a central figure in the post-2020 election scramble by Trump allies to find non-existent fraud. Last August, she was indicted in Michigan for her alleged role in a scheme in 2021 to illegally access and tamper with voting machines.In a timing twist, Lambert was arrested in March on the Michigan charges after she appeared in court to defend Byrne against the Dominion charges.Other America Project largesse has gone to various groups and individuals who have track records for pushing voting conspiracies. In 2022 and 2021, for instance, the project paid $200,000 to 423 Catkins Maize LLC, which is tied to Jovan Pulitzer, known for his election denialist claims.Likewise in 2022 and 2021 together, the project doled out about $330,000 to Pennsylvania-based OGC Law LLC, which employs lawyer Gregory Teufel – who has tried without success to overturn a state law that permitted all residents to ask for no-excuse mail-in ballots.On a different Maga front, the America Project also gave $150,000 in 2022 to Brian Della Rocca, a Maryland-based lawyer who has done legal work for the owner of a Delaware computer repair shop at the center of the controversy about Hunter Biden’s laptop.To expand the project’s mission and muscle, Byrne in 2023 tapped Trump’s acting director of Immigration and Customs Enforcement, Tom Homan, to be its CEO; a hardliner on border policies Trump has said Homan will have a key post if he wins againAt the Republican convention in Milwaukee, Homan on Wednesday gave a fiery talk blasting Biden border and immigration policies, charging darkly that “this isn’t mismanagement, this isn’t incompetence, this is by design – it is a choice”.Besides his big checks to the America Project and allied groups, Byrne has tried to flex his muscles in other Maga efforts with election deniers.In a tweet last month, for instance, Byrne touted that Michael Flynn, who now leads the Maga-allied America’s Future, should be Trump’s vice-president – and painted a conspiratorial scenario.“FLYNN knows how to spring Trump from prison. The world is at war and we need a general,” Byrne tweeted.Flynn’s ties to Byrne were cemented at a rowdy White House meeting with Trump and other key election deniers on 18 December 2020, where Flynn and Byrne floated the idea of using the national guard to seize voting machines to help overturn Trump’s loss.When Byrne and Flynn, who Trump pardoned after he pleaded guilty to lying to the FBI about contacts he had with the Russian ambassador in 2016, launched the America Project, an early priority was seeking ways to block Joe Biden’s win in Arizona by promoting falsehoods about fraud.To that end, Byrne provided about $3.25m of $5.7m in funding raised by Cyber Ninjas, an obscure Florida firm with no experience in election audits that was tapped by Arizona’s Republican-led senate to review the Maricopa county election results. The firm’s final report found Biden actually got 99 more votes and Trump 261 fewer than originally counted. More

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      in Elections

      Man accused of Nazi salute during US Capitol attack jailed for nearly five years

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      A Marine who stormed the US Capitol and apparently flashed a Nazi salute in front of the building was sentenced on Friday to nearly five years in prison.Tyler Bradley Dykes, of South Carolina, was an active-duty US marine when he grabbed a police riot shield from the hands of two police officers and used it to push his way through police lines during the attack by a mob of Donald Trump’s supporters on 6 January 2021.Dykes, who pleaded guilty in April to assault charges, was previously convicted of a crime stemming from the 2017 white nationalist Unite the Right rally in Charlottesville, Virginia. Dykes was transferred to federal custody in 2023 after he served a six-month sentence in a state prison.US district judge Beryl Howell sentenced Dykes, 26, to four years and nine months of imprisonment, the justice department said.Federal prosecutors had recommended a prison sentence of five years and three months for Dykes.“He directly contributed to some of the most extreme violence on the Capitol’s east front,” prosecutors wrote.Dykes’ attorneys requested a two-year prison sentence. They said Dykes knows his actions on January 6 were “illegal, indefensible and intolerable”.During the sentencing hearing, Dykes said that he still stood with Trump and that he supports him “to be the next president of our country”.“Tyler hates his involvement in the Capitol riot,” his lawyers wrote. “He takes complete responsibility for his actions. Tyler apologizes for those actions.”Dykes, then 22, traveled to Washington to attend the Republican Trump’s “Stop the Steal” rally with two friends from his hometown of Bluffton, South Carolina. After parting ways with his friends, Dykes ripped snow fencing out of the ground and pulled aside bicycle rack barricades as he approached the Capitol.Later, Dykes joined other rioters in breaking through a line of police officers who were defending the stairs leading to the Capitol’s East Rotunda doors.“After reaching the top of the stairs, Dykes celebrated his accomplishment, performing what appears to be the ‘Sieg Heil’ salute,” prosecutors wrote.After stealing the riot shield from the two officers, Dykes entered the Capitol and held it in one hand while he raised his other hand in celebration. He also used the shield to assault police officers inside the building, forcing them to retreat down a hallway, prosecutors said.Dykes gave the shield to an officer after he left the Capitol.Dykes denied that he performed a Nazi salute on 6 January, but prosecutors say his open-handed gesture was captured on video.In August 2017, photos captured Dykes joining tiki torch-toting white supremacists on a march through the University of Virginia’s campus on the eve of the Unite the Right rally. A photo shows him extending his right arm in a Nazi salute and carrying a lit torch in his left hand.In March 2023, Dykes was arrested on charges related to the march. He pleaded guilty to a felony charge of burning an object with intent to intimidate.Dykes briefly attended Cornell University in the fall of 2017 before he joined the US Marine Corps. In May 2023, he was discharged from the military under “other than honorable” conditions.“Rather than honor his oath to protect and defend the constitution, Dykes’s criminal activity on January 6 shows he was instead choosing to violate it,” prosecutors wrote.More than 1,400 people have been charged with federal crimes related to the Capitol riot.More than 900 of them have been sentenced, with roughly two-thirds receiving terms of imprisonment ranging from a few days to 22 years. More

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      in US Politics

      Donald Trump’s run of good luck could end this weekend – if Joe Biden does the right thing | Jonathan Freedland

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      You can see why they think he’s God’s anointed one. You can understand why Republicans cheered when Donald Trump repeatedly claimed the divine as his number one supporter, declaring with certainty that he had God on his side. To the faithful gathered at the Republican national convention in Milwaukee on Thursday night, none of that would have sounded like exaggeration – and not only because their nominee for the US presidency had survived an assassin’s bullet. It’s also because Trump has been on a run of extraordinary good fortune – one that might be just about to end.Of course, it was that brush with death at a rally in Pennsylvania last weekend that the former and would-be future president had in mind when he spoke of “a providential moment”. The shooting, and Trump’s ability to shrug off injury, raising his fist in bloodied defiance, has prompted his most fervent believers to cast him as a living martyr to their cause. The Republican party had already transformed itself into a cult of personality. But to see delegates wearing bandages on their right ears as a mark of love for, and identification with, their leader is to realise that that cult has become messianic.Still, even the most godless Republican may have found themselves wondering if Trump does indeed have a friend upstairs. For three straight weeks, everything has gone his way.Trump’s hot streak began with the TV debate against Joe Biden at the end of June – a debate that, it’s worth remembering, would typically have taken place in the autumn had not the Biden team insisted it must happen sooner. That was a 90-minute disaster for the president who, when he wasn’t struggling to complete sentences, stared vacantly into space, looking every one of his 81 years.That triggered a panic among Democrats, three long weeks of internal agonising as elders and bigwigs sought to navigate between the pride, and stubbornness, of a president who they believe deserves respect for a consequential term in office, and a party ever-more convinced that he will not only lose the White House, but will take Democratic candidates for the House and Senate down with him. That process may reach its climax this weekend, but not before it has handed Trump a delicious contrast: Democrats divided and distracted, Republicans unified and focused.Meanwhile, the courts have been smiling on Trump, whether it’s six judges of the supreme court, three of whom were appointed by him, granting presidents near total immunity for their official acts, or a Trump-appointed judge throwing out what most agreed was the strongest of all the legal cases against him, relating to his alleged retention of classified documents.That’s allowed him to sit back and enjoy the show. He’s watched as, to take one example, Biden gave a decent performance at a post-Nato summit press conference, giving detailed answers on foreign policy – while all anyone remembers is that he introduced Volodymyr Zelenskiy as “President Putin” and referred to Kamala Harris as “Vice-President Trump”.View image in fullscreenBut it’s the assassination attempt and the TV debate that are the bookend events of these remarkable few weeks, reinforcing what was already Trump’s chosen frame for the campaign: strong v weak. As one senior Democrat put it to me: “The Republicans have a guy who bullets bounce off of. We have a guy who can’t handle a flight of stairs.” The polls are bleakness itself for Democrats, with Trump leading Biden not only in all the key swing states, but even in once solidly Democratic terrain – with Virginia and even, incredibly, New York now deemed “battleground” states. No wonder Republicans were talking this week of a November landslide.Then, just in case any part of the narrative was insufficiently vivid, while Trump was being hailed as a messiah in Milwaukee, Biden contracted Covid. Now he is isolated, in every possible sense.Except maybe it’s possible to be too lucky. Trump is so far ahead, his numbers so strong, that Democrats have stepped up their post-debate push to get Biden to withdraw from the race. Privately at first and then, when Biden refused to budge, publicly via well-placed leaks, congressional leaders, big league donors and arguably the party’s sharpest political brain, the former House Speaker Nancy Pelosi, have spelled it out for the president, telling him he cannot win. “It’s over,” one party veteran tells me. “He’ll be gone by Monday.”If that’s right, then Trump’s lucky streak will surely be at an end. His entire campaign has been predicated on Biden being his opponent. Facing someone else means three fundamentals of the race would be altered. First, media attention will shift away from him to the shiny object of a new Democratic nominee. Second, he, not his opponent, will be the oldest person in the race. And third, Trump should no longer have the “change” message – so potent in this age of anti-incumbency – all to himself.That last element depends on whom Democrats choose and how they do it. If Biden stands aside and there is a quick coronation of his deputy, Harris, then Trump will cast her as the status quo. There will be a cacophony of racist and misogynist dog whistles, along with a related effort to present her as lacking a democratic mandate and dangerously leftwing.But there is another way to do it. Even some of Harris’s backers favour a mini-primary, which could amount to a fortnight or so of TV debates before the 4,000 or so Democratic delegates cast their votes. Not enough, to be sure, but that would bestow some democratic legitimacy on the eventual winner and offer at least a glimpse of who flourishes and who wilts under national scrutiny. The ballot itself should happen before the party convention in Chicago on 19 August, so that that gathering can be a showcase rather than a floor fight.I know – we’re getting ahead of ourselves. But as Democrats head into a fateful weekend, they should know they have little to fear from what may lie ahead. A contest could demonstrate the party’s energy and vigour, its deep bench of new talent, drawing the contrast with the creepy cult it opposes. Given the number of Americans who have been saying for a year or more that they want a choice other than Trump v Biden, there is every chance the election could be upended, with the polls looking radically different almost straight away.And Trump showed again on Thursday night how eminently beatable he is. His speechwriters wanted him to adopt a kinder, gentler tone – a man chastened by his brush with death, bent on healing and national unity. He managed it for a while. But soon he was veering away from the teleprompter, with rambling diversions into all the old, dark greatest hits: “crazy” Pelosi, migrants as an “invasion” of killers and criminals, the election that was stolen from him.The stakes are too high, for the US and the world, to let Democrats cede the 2024 contest to Trump, which is what a continued Biden candidacy would do. The hope is that Biden himself reaches that conclusion in the next day or two, and performs what will be his last great act of public service. Because whatever the Republican faithful may say, this decision is not in the hands of the Almighty – it is in the hands of human beings who, whatever their fears and frailties, need to act and act now.

      Jonathan Freedland is a Guardian columnist More

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      in US Politics

      American rule of law is vanishing at the tips of Trump-appointed judges’ pens | Moira Donegan

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      Donald Trump stole thousands of classified documents when he left the White House in 2021, according to prosecutors, and shoved them in unsecured areas around the tacky Florida golf club where he lives. He kept them in basements, bathrooms and ballrooms; they were often unlocked, accessible to anyone who happened to wander by, as dozens or hundreds of people do, every day, at Mar-a-Lago. Trump refused to return the documents when asked; he also lied about what he had.On at least one occasion in 2021, he was recorded showing off one of the classified documents to a visitor, apparently for the sake of his own aggrandizement. “It is like highly confidential. Secret,” Trump said to the man, who was not authorized to see the information. “See, as president, I could have declassified it. Now, I can’t, but this is still a secret.”Aileen Cannon, a US district court judge in Florida whom Donald Trump appointed during his last year in office, has done everything in her power to make sure Trump is never held accountable for the theft of the documents. Since the special counsel Jack Smith’s case – widely considered to be the most legally airtight of the several criminal prosecutions against the former president – was formally assigned to Cannon in June 2023, she has often acted as if she was a member of the defense team; denying routine motions from the prosecutors, antagonizing Smith and his team personally, and dragging on the proceedings in endless rounds of briefings and delays, all surely meant to postpone the case until after Trump retakes the White House.On Monday, she dismissed the case entirely, throwing out all the document-related charges against Trump. Her purported reasoning? That special counsels such as Jack Smith are unconstitutional. Smith signaled that he plans to appeal the decision.Cannon’s ruling flies in the face of decades of precedent, going back to the Watergate era, wherein courts, including the US supreme court, have repeatedly reaffirmed the constitutionality of special counsels and their appointments. But although Cannon wears a robe, she is not interested in the law, which is a mere pretext for her bald effort to advance and protect Trump’s interests. She is not a judge any more than the man who works at the mall every December is Santa Claus. She has the trappings and the power, but none of the expertise, none of the obligations and none of the shame.Cannon’s dismissal of the Trump documents case was predictable: the prosecution, widely considered to be doomed, came at the end of months of strategic moves on her part meant to provide Trump maximum leeway to message publicly about the case, and minimum threat to his electoral process. When Trump lied about the FBI raid on his home, saying that it was a plot on his life orchestrated by the Biden administration, Smith, fearing violence and public misperception, asked for a gag order. Both the sensitivity of the case and the egregious danger posed by Trump’s conduct should have made it an easy call; but Cannon denied it, allowing Trump to continue lying about the raid.At one point during preliminary proceedings, Cannon outright refused to let prosecutors see the documents that had been seized from Mar-a-Lago, a move that prompted a reversal and rare rebuke from the appeals court above her, Atlanta’s 11th circuit. That 11th circuit warning seems to have prompted the first instance in which another federal judge urged Cannon to recuse herself from the case. It would not be the last.Cannon’s single-handed nullification of the classified documents case demonstrates the core problem with what has been, until now, the dominant theory of how to hold Trump accountable for his crimes: with the law. Increasingly, it seems prosecutions in the federal courts are a futile exercise when it comes to the former president. And that’s because the courts are packed with Republican partisans, Trump appointees and personal Trump loyalists, and large numbers of other right-leaning judges who aim to use their seats to roll back the social progress of the past century, further Trump’s authoritarian agenda, and shield him permanently from consequence. To the extent that they are controlled by these actors, the federal courts will never provide a check to Trump’s power. They will only augment it.This reality was underscored on 1 July. The supreme court’s last decision of the term, Trump v United States, created, out of thin air, a vast and near-absolute immunity from criminal prosecution that the court’s conservative justices say applies to presidents – or, at least, applies to their favorite former president.That decision stemmed from another of Smith’s prosecutions, in the January 6 case; in his concurrence, Justice Clarence Thomas, writing alone, signaled that he thought that perhaps special counsels such as Smith might not be legal after all. It was less like a real, considered legal position than like a set of instructions for Cannon: throw the documents case out on these grounds. Her argument mirrors Thomas’s; she took her marching orders straight from the top.The 11th circuit is likely to reverse Cannon’s dismissal, and it’s possible that Smith will get a chance to re-file his charges – possibly in Washington, closer to the site of the original illegal conduct, which will have the benefit of permanently removing his case from Cannon’s court. But the case will not be heard before the election, and so it may never be heard at all.Even prosecuting Trump might turn out to offer little more than a delay of the inevitable: the complicity of the courts in Trump’s criminality reveals an institutional rot that even locking him up would not solve. If the courts cannot hold the president accountable – or rather, if they choose to exempt one man from their authority, and instead bend themselves to his will – what, exactly, is the check on the presidency? How can a powerful criminal be held to account? Where does the rule of law apply, and where does it vanish?We have at least one answer: the rule of law vanishes at the tip of a Trump judge’s pen.

      Moira Donegan is a Guardian US columnist More

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      in US Politics

      China suspends nuclear talks with US over arms sales to Taiwan

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      China has suspended talks over arms control and nuclear proliferation with the US in protest against arms sales to Taiwan, the democratically governed island aligned with Washington that China claims as its own territory.The decision, announced by China’s foreign ministry on Wednesday, halts the early nuclear-arms talks in a period of growing tensions between China and the US, with both US presidential candidates calling for increased trade restrictions and efforts to contain Chinese influence in east Asia.The US is Taiwan’s main international partner and largest arms supplier. The House of Representatives in June approved $500m in foreign military financing for Taiwan to strengthen military deterrence against China, along with $2bn in loans and loan guarantees. The US also approved $300m in spare and repair parts for Taiwan’s F-16 fighter jets.China’s foreign ministry spokesperson Lin Jian said that the US had continued to sell arms to Taiwan despite “strong Chinese opposition and repeated negotiations”.He added: “Consequently, the Chinese side has decided to hold off discussion with the US on a new round of consultations on arms control and nonproliferation. The responsibility fully lies with the US.”Lin said China was willing to maintain communication on international arms control, but that the US “must respect China’s core interests and create necessary conditions for dialogue and exchange”.In response, the US state department spokesperson, Matthew Miller, accused China of “following Russia’s lead” by holding arms control negotiations hostage to other conflicts in the bilateral relationship.“We think this approach undermines strategic stability, it increases the risk of arms-race dynamics,” Miller told reporters.“Unfortunately, by suspending these consultations, China has chosen not to pursue efforts that would manage strategic risks and prevent costly arms races, but we, the United States, will remain open to developing and implementing concrete risk-reduction measures with China.”China is estimated to have 500 nuclear warheads, but the US department of defence expects Beijing to produce more than 1,000 by 2030. The US and China held arms talks in November for the first time in five years and discussed the nuclear nonproliferation treaty and other nuclear security issues, as well as compliance with the Biological Weapons Convention and the Chemical Weapons Convention, and outer space security and regular arms control, according to the Chinese foreign ministry.Donald Trump has signalled that US support for Taiwan may come with a higher price tag in the future, and has dodged questions on whether the US would defend Taiwan in the case of an invasion by China.“Taiwan should pay us for defence,” Trump said in an interview with Bloomberg Businessweek. “You know we’re no different than an insurance company.”The Republican vice-presidential candidate, JD Vance, has signalled strong support for Taiwan, saying that US backing of Ukraine has diverted Washington’s attention from providing arms to Taiwan in case of a conflict. More