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  • Mike Pence asks judge to block subpoena for Jan. 6 testimony | CNN Politics

    Mike Pence asks judge to block subpoena for Jan. 6 testimony | CNN Politics

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    CNN
     — 

    Former Vice President Mike Pence has filed a motion asking a judge to block a federal grand jury subpoena for his testimony related to January 6 on the grounds that he is protected by the Constitution’s Speech or Debate Clause, according to a source familiar with the filing.

    Pence had publicly signaled that he planned to resist the subpoena, arguing it was “unconstitutional and unprecedented.” His legal team filed the motion Friday night, the same day former President Donald Trump’s attorneys asked a judge to block Pence from speaking to a grand jury about certain matters covered by executive privilege.

    The Pence motion – filed as part of sealed proceedings – seeks to stop testimony pertaining to his legislative functions around January 6, which could potentially include a broad swath of testimony. It is separate from Trump’s motion, which argues that the former president can shield former aides from sharing internal communications.

    Special counsel Jack Smith is seeking documents and testimony related to January 6, 2021, and wants Pence to testify about his interactions with Trump leading up to the 2020 election and the day of the attack on the US Capitol.

    But the former vice president asserts that because he was also acting as president of the Senate that day, he is shielded by the Speech or Debate Clause, which protects lawmakers from certain law enforcement actions targeted at their legislative duties.

    Pence has written a memoir detailing his interactions with Trump leading up to January 6, which could complicate efforts to resist the subpoena.

    His team previously indicated to the Justice Department that he’d be open to answering questions if they were limited to the matters he had previously discussed publicly, including in his book, a source told CNN.

    Pence’s legal team did not comment. The Justice Department also did not comment.

    Since taking over the investigation into efforts to overturn the 2020 election, Smith, who has a reputation for moving quickly, has accelerated the probe’s pace and began imposing tight deadlines on subpoenas. Smith also is simultaneously investigating Trump’s handling of classified documents after leaving office.

    Trump huddled with several members of his legal team at his Mar-A-Lago resort in Palm Beach last week to discuss Smith’s investigations, according to a source familiar with the meeting.

    Smith recently subpoenaed Trump’s former chief of staff Mark Meadows and Trump’s former national security adviser Robert O’Brien in both of the Trump-related probes, and investigators have sat down with his former acting Department of Homeland Security Secretary Chad Wolf as part of the probe into 2020 election interference.

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    March 6, 2023
  • Trump featured in song by January 6 prisoners choir | CNN Politics

    Trump featured in song by January 6 prisoners choir | CNN Politics

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    CNN
     — 

    A new single released by a choir of men who are in prison for their participation in the attack on the US Capitol on January 6, 2021, features a recording by former President Donald Trump as the backtrack.

    The song, “Justice for All,” features the incarcerated men, referred to as the “J6 Prison Choir,” singing “The Star-Spangled Banner” from a jail in Washington, DC, mixed with Trump reciting the Pledge of Allegiance.

    Trump recorded his part recently at his Mar-a-Lago home at the request of a group that supports the families of those incarcerated for their actions on January 6, according to two sources familiar with the song’s production.

    Forbes was first to report some of the details about the song, which was released on Apple Music, Spotify and YouTube on Friday – one day before Trump is slated to speak at the Conservative Political Action Conference in the DC area.

    A Trump campaign adviser told CNN that the former president’s involvement in the song’s production wasn’t spearheaded by his presidential campaign.

    “This doesn’t have anything to do with the campaign,” the adviser said.

    Trump has repeatedly expressed sympathy for those incarcerated for their actions on January 6. Before announcing his third presidential campaign in November, Trump said that if he ran for reelection and won, he would “very, very seriously” consider full pardons for rioters who breached the US Capitol during the insurrection.

    As of February 6, the Justice Department said that more than 985 people had been arrested for their alleged participation in the January 6 riot, with approximately 500 defendants pleading guilty.

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    March 5, 2023
  • Why the American far right adopted Brazilian ex-President Jair Bolsonaro | CNN

    Why the American far right adopted Brazilian ex-President Jair Bolsonaro | CNN

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    Sao Paulo
    CNN
     — 

    This Saturday, as American conservatives flock to the Conservative Political Action Conference in Maryland, they’ll get a taste of just how far and wide their own ideas have spread. Former Brazilian President Jair Bolsonaro will speak on the same stage where a few hours later former US leader Donald Trump will deliver the event’s closing remarks — a man the Brazilian leader has intentionally mirrored from the beginning of his presidency.

    Far from his home country, Bolsonaro has found a warm reception in America: on social media, mostly Brazilian fans post videos of meeting Bolsonaro outside his south Florida rental and running into him in parking lots, food courts, and grocery stores, where the former president appears in shorts and sandals, grinning and posing for photos with children.

    Bolsonaro has made a number of appearances in US hotel conference rooms and evangelical churches targeting Brazilian expats, giving speeches that come across as both timid and awkward, as he pauses to wait for interpreters to catch up to him, not always seeming certain of what is being said.

    In early February, he spoke in the auditorium of a Trump hotel just outside Miami, hosted by none other than conservative activist and far-right organizer Charlie Kirk. Kirk, who admitted to not knowing much about Brazil, was nonetheless flanked by the flags of both nations: a gold-fringed, star-spangled banner and Brazil’s unmistakeable bright green flag with a yellow diamond and blue circle in the center. “The fight against socialism and Marxism knows no borders,” Kirk said by way of introduction to an audience of mostly Brazilians who were there to see Bolsonaro – “the myth,” or legend, as they call him.

    In a separate podcast interview, Kirk and Bolsonaro enthusiastically described common ground between the Brazilian and American right. Describing his decision to snub Brazilian President Luiz Inacio Lula da Silva’s swearing in, Bolsonaro said: “I didn’t want to be accused of collaborating with the clumsy way they began their mandate, because we have completely opposing political views: conservative, on the right, and theirs, closer to socialism on the left.”

    “Sounds very similar to what we’re dealing with in the United States,” Kirk responded.

    The commonalities go on. From expanding gun rights and downplaying COVID-19 to opposing abortion and advocating for tougher immigration policies, Bolsonaro and Trump had plenty in common while in office. The two have continued to mirror each other since then; both shunned their successors’ inauguration ceremonies and fled to the embrace of conservative society circles in Florida, where Trump moved his residence and where Bolsonaro has been living for more than two months.

    But there’s another reason for Bolsonaro’s tour of the United States: his continued appearances on US stages serve strategic purposes for far-right movements in both countries.

    For Bolsonaro, participating in US political events shores up his claims that he has not exited politics and will eventually assume again leadership of Brazil’s rightwing opposition, despite his current sojourn abroad.

    For the American right, publicly allying with a foreign figure helps expand their reach and creates the appearance of confirming conspiracy theories that originate in the US. In 2022, it was Hungarian hardline leader Viktor Orban who made headlines at CPAC. This year, it’s Bolsonaro.

    Bolsonaro poses for a selfie during an event at a restaurant at Dezerland amusement park in Orlando, Florida, U.S. January 31, 2023.

    Deputy Director of Rapid Response at Media Matters Madeline Peltz, who researches right wing media and has been tracking the way extreme rightwing figures like Steve Bannon, Tucker Carlson and Alex Jones talk about Brazil, says American and Brazilian activists can see each others’ countries as laboratories in which to test and observe tactics.

    After a bruising midterm election, Peltz adds, Republicans are now wondering whether to continue down the path of being pushed farther to the right or to take a more measured approach, distancing themselves from election denialism and the violent acts of January 6, 2021, conveniently chalking that kind of behavior to the radicals of their party.

    “The Republican Party was sort of testing this thesis about, do we continue down this path of Trumpism, of extreme election denial, and that was being reflected in the right wing media’s commentary on Brazil as well — they were testing that thesis both in the American elections and in the Brazilian elections,” Peltz said.

    The blueprint hasn’t shown the expected results, she said. “Republicans underperformed, to be charitable, and Bolsonaro lost.”

    In this balancing act, Bolsonaro is trying to figure out where he fits in. Though he denounced the invasion of Brasilia on January 8 by his supporters, in the days following the election he welcomed peaceful demonstrations while his party filed petitions for an audit of voting machines, alleging fraud. He fed his followers crumbs of misinformation about election fraud and made vague comments hinting at a potential coup.

    Supporters Soares vpx

    Isa Soares speaks with an arrested Bolsonaro supporter

    When asked if Bolsonaro was not too problematic and messy to be brought into American politics — as a one-term president who infamously defended rape, torture, and a military dictatorship and is currently facing multiple criminal investigations at home — Peltz quipped, “They get their power from problematic and messy.” Shock value and controversy can actually confer clout in the American political universe, she said.

    Prominent American conservatives have long lent support to Bolsonaro. “(Steve) Bannon has long considered himself to sort of be the international boogeyman of the left,” and his “next act” after leaving the White House was to form a sort of global coalition of far right movements, Peltz said. Brazil was one winning example of his political penetration.

    Bolsonaro brought in Bannon to advise his first presidential campaign back in 2018 – and Bannon in turn began mentioning the South American leader more and more to his American audience, posing for photos with Bolsonaro’s children on US visits, and voicing his support for the president on his social media whenever he was under fire.

    He is not the only one. In the days that followed the Brazilian presidential elections in November, as Bolsonaro and his party filed petitions for tens of thousands of votes to be thrown out, another prominent conservative voice joined in. Fox News anchor Tucker Carlson raised questions about whether the vote was legitimate – despite Brazilian courts rejecting fraud claims and a military investigation finding no evidence of rigged voting machines.

    Rodrigo Nunes, a philosophy professor at University of Essex and author of “From Trance to Vertigo,” a book of essays about Bolsonarismo, said that Bolsonaro’s value to US conservatives comes from two factors.

    First, “he’s a former president of a fairly important country. Geopolitically, he was a fairly important ally to Trump, because he was 100% aligned with Trump.” As a former leader in the global far-right and part of the “ecology,” Bolsonaro’s voice can be amplified in the US whenever his ideas are relevant, Nunes said.

    Second, Bolsonaro frequently mimics and echoes the discourse of the far right in the US, which can be fed back into the US as offering further confirmation of what the far right are saying there, Nunes explained.

    “That’s a lot of how this ecological approach to political organization works. When you’re using the internet, how do you make something real? You spread sufficient sources of it so that it looks like it’s coming from several different places at the same time, and suddenly, this produces an effect of reality, it looks like it’s real, because there’s a lot of people saying it and where there’s smoke, there’s fire.”

    In a way, the cycle is exemplified in the copycat insurrection that took place in Brasilia on January 8. It’s impossible not to see the influence of January 6 in the actions of the rioters there, and yet “the Brazilian Jan 6” was defended by Carlson and Bannon even as the reaction from Bolsonaro and many in his camp was mixed.

    In pictures: Bolsonaro supporters storm Brazilian Congress

    The day after the Brasilia riots, Bolsonaro condemned the acts in a tweet. “Peaceful demonstrations that follow the law are part of democracy. However, depredations and invasions of public buildings as occurred today, as well as those practiced by the left in 2013 and 2017, escape the rule,” he said.

    But in American politics, what Bolsonaro thinks or says matters less than what the invasion of public buildings thousands of miles away means for American voters who believe that their own election was stolen.

    “The way his narrative is built, to a large extent, as a copy or a mirror image of the narrative that they have in the US is very useful in the sense of showing people this is happening in other places, too. This proves the whole idea that there is a global conspiracy, a global left wing conspiracy to keep us, the people who represent the real people, out of power,” Nunes said.

    In another recent speaking event, Bolsonaro took the pulpit of an evangelical church in Boca Raton, Florida, and told a crowd of Brazilians, “My mission is not over yet.”

    In the same breath as he exalted the wonders of Brazil, (“There is nothing like our own land”), he urged his supporters to not be discouraged, and said he was planning to return to Brazil in the coming weeks to lead the opposition against Lula. If that is true, CPAC could be his last appearance in American politics before going home to an uncertain political future.

    To Peltz, it would be the natural conclusion of what she described as Bolsonaro’s “strange, directionless detour to America,” given CPAC’s waning influence in the American political landscape. “CPAC no longer launches the careers of hopefuls looking to make an impact, rather, it’s now simply a box to check off. And without much otherwise on his to-do list, Bolsonaro might as well check it off.”

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    March 3, 2023
  • Two men sentenced to probation after bringing guns to 2020 vote count site in Philadelphia | CNN Politics

    Two men sentenced to probation after bringing guns to 2020 vote count site in Philadelphia | CNN Politics

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    CNN
     — 

    Two men were sentenced Wednesday to two years of probation after being convicted of bringing guns to a Philadelphia vote counting center while 2020 presidential votes were being tallied.

    Antonio LaMotta, 63, and Joshua Macias, 44, both of Virginia, were found guilty in October of two counts each of Violations of the Uniform Firearms Act. The two approached the Pennsylvania Convention Center on November 5, 2020, with firearms while election workers inside were counting votes for the 2020 presidential election, according to evidence at trial. LaMotta and Macias were also sentenced to prison time that had been served prior to sentencing.

    Court of Common Pleas Judge Lucretia Clemons emphasized to LaMotta and Macias during the sentencing that while on their probation they are not allowed to possess any guns – even though they live in a different state.

    “That means I do not want to see you on social media with a gun. I don’t want to see you in a car with a gun. There are no guns while you are on my supervision. I do that with every single gun case that comes before me,” Clemons said.

    Macias apologized to the judge, saying, “I will make sure this type of situation will never happen again.”

    LaMotta did not address the court, but his lawyer Lauren Wimmer suggested to the judge that her client was being targeted for his political views – an allegation prosecutors vehemently denied.

    Following their conviction in October 2022, Philadelphia District Attorney Larry Krasner said in a statement that LaMotta and Macias’ actions would serve as a lesson.

    “Let this be a lesson not to illegally bring firearms to Philly’s elections. If you commit a crime while seeking to undermine people’s right to vote, and to have their votes appropriately counted, you will be held accountable,” Krasner said.

    LaMotta has also been charged with four misdemeanor counts for his alleged participation in the January 6, 2021, attack on the US Capitol. He has pleaded not guilty.

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    March 2, 2023
  • GOP grapples with how to control Trump — again | CNN Politics

    GOP grapples with how to control Trump — again | CNN Politics

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    CNN
     — 

    GOP leaders are sending warnings that they want former President Donald Trump to play by the rules and put his party above his own interests as he embarks on a third campaign – that is, to behave in a way he rarely, if ever, has before.

    Republican National Committee Chair Ronna McDaniel gave the clearest sign yet on CNN’s “State of the Union” Sunday that 2024 GOP White House candidates will have to pledge to back the party’s presidential nominee if it isn’t them – or risk being banned from the debate stage.

    “I think it’s kind of a no-brainer, right?” McDaniel told Dana Bash, adding that formal criteria haven’t yet been established for the first debate in August. “If you’re going to be on the Republican National Committee debate stage asking voters to support you, you should say, ‘I’m going to support the voters and who they choose as the nominee,’” McDaniel added.

    The former president, who signed a loyalty pledge in 2015, responded with his typical hubris on Sunday, despite recent polling showing that enthusiasm for him among the GOP isn’t what it used to be. “President Trump will support the Republican nominee because it will be him,” a campaign spokesperson told CNN in response to McDaniel’s prediction there’d be a loyalty pledge required of candidates.

    Trump has already said that whether he would back someone other than himself as the 2024 Republican nominee would depend on who the candidate was. Given that he is attacking his potential primary rivals, especially high-flying Florida Gov. Ron DeSantis, the potential for new party splits is growing.

    Ever since Trump took control of the GOP with his 2016 nomination and victory, the party has almost always capitulated to his unruly instincts and crushing of rules and conventions – most notoriously appeasing his extremism during two impeachments. Many GOP lawmakers amplified his false claims of electoral fraud in the 2020 presidential election and whitewashed his role in the January 6, 2021, insurrection.

    Yet Trump’s intervention in last year’s midterm elections, when many of his election-denying acolytes lost in swing states and helped to quell a Republican red wave, highlighted how his own priorities may diverge from his party’s. Some Republican leaders blame Trump and the way he alienates more moderate, suburban voters for the party’s disappointing performances when they lost the House in 2018, the Senate and White House in 2020 and fell short of expectations in 2022, even though they flipped the House. As a result, some top GOP donors and opinion formers have argued that it’s time for the party to move on from a candidate who is radioactive with many voters and who could thwart their chances of defeating President Joe Biden in an expected reelection bid. It remains to be seen if this view is shared among Trump’s longtime base.

    Questions about whether Trump would support DeSantis as nominee – or anyone else who might beat him – stemmed from a radio interview with Hugh Hewitt earlier this month.

    “It would depend. I would give you the same answer I gave in 2016 during the debate. … It would have to depend on who the nominee was,” Trump said.

    It would be a nightmare scenario for the GOP if Trump were to lose the party’s nominating contest next year but spend the general election railing against the party’s presidential pick. Even small defections among Trump’s devoted grassroots political base could be critical in the kind of swing state races that decided the last two presidential elections.

    Trump acts as if he is entitled to his third consecutive spot at the top of the Republican Party’s presidential ticket. But that assumption will face a new test this week when DeSantis, whom Trump has already accused of disloyalty for considering a White House run, promotes and releases a new book in a rite of passage for potential presidential candidates.

    Trump has also lashed out at Nikki Haley, who served as his ambassador to the United Nations and has launched a 2024 bid rooted in calls for a new generation of American political leadership. Both Trump and Haley are scheduled to speak at this week’s Conservative Political Action Conference outside Washington, DC. DeSantis, meanwhile, is scheduled to attend events in Texas and California.

    While requiring debate candidates to sign a pledge to support the nominee would be a show of party unity and would, in effect, be an attempt to box Trump in, it would hardly be enforceable should the ex-president not win the nomination. Given that Trump already falsely claimed the 2020 general election, which he lost fair and square, was marred by voter fraud, it’s hardly far-fetched to believe he may trash any nomination process that he doesn’t win.

    But McDaniel said on CNN that she was sure that all the candidates would sign such a pledge, noting Trump had signed on in the 2016 race and raising the leverage that the party has in getting all of the candidates on board.

    “I think they all want to be on the debate stage. I think President Trump would like to be on the debate stage. That’s what he likes to do,” McDaniel told Bash.

    The RNC head, who just won her own contested reelection, also warned that the GOP has lost big races in the midterms “because of Republicans refusing to support other Republicans. And unless we fix this in our party, unless we start coming together, we will not win in 2024.”

    McDaniel may also have a problem beyond Trump, since some possible GOP 2024 contenders have warned that following his role in inciting a mob attack on Congress in one of the most damaging blows to US democracy in modern times, the ex-president is no longer fit to carry the party’s banner or for the presidency.

    Former Arkansas Gov. Asa Hutchinson said on CBS this month that Trump had “disqualified himself and should not serve our country again as a result of what happened” on January 6, 2021. But Hutchinson did not say whether he would decline to endorse Trump if he were the nominee. Another possible anti-Trump candidate, former Maryland Gov. Larry Hogan, suggested to Hewitt this month that he would support the ex-president if he was the party’s nominee but later said on Twitter, “Trump won’t commit to supporting the Republican nominee, and I won’t commit to supporting him.”

    One reason why the question of whether Trump would endorse a nominee other than himself in 2024 is so topical is because of some early signs that the former president might not have quite the hold on his party as he once did. His campaign hasn’t exactly caught fire since he launched it last fall. Some recent polls, while too far out from primary voting to be decisive, suggest that DeSantis is closely matched with Trump – even if other candidates like Haley and potential candidates like ex-Vice President Mike Pence trail in single figures.

    After his bumper reelection win in Florida in November, DeSantis is seen by some party figures as representative of Trump’s populist, cultural and “America First” principles without the indiscipline and scandal that follows the ex-president. The Florida governor has adopted Trump’s pugilistic partisan style, telling Fox News host Mark Levin on Sunday that he had made “the Democratic Party in our state, basically, a rotten carcass on the side of the street.”

    It remains a question, however, how DeSantis would stand up to Trump’s searing attacks on a debate stage. And many once vaunted candidates – like former Govs. Jeb Bush of Florida and Scott Walker of Wisconsin – have looked strong in theory, only to see their campaigns flame out when they hit the trail.

    Still, McDaniel’s message on Sunday shows the depth of party concern that an untamed Trump could again severely impair the Republican Party’s hopes of winning the White House and control of Congress.

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    February 27, 2023
  • Media organizations ask Congress for access to January 6 footage | CNN Politics

    Media organizations ask Congress for access to January 6 footage | CNN Politics

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    CNN
     — 

    CNN, along with a group of other media organizations, has signed on to a letter calling for congressional leaders to grant access to security footage from inside the US Capitol on January 6, 2021, after House Speaker Kevin McCarthy gave Fox News’ Tucker Carlson access to the material earlier this month.

    In a Friday letter on behalf of the press coalition to McCarthy, House Majority Leader Steve Scalise, House Minority Leader Hakeem Jeffries, Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell, attorney Charles Tobin called on Congress to release all the security footage showing the attack on the Capitol.

    “Without full public access to the complete historical record, there is concern that an ideologically-based narrative of an already polarizing event will take hold in the public consciousness, with destabilizing risks to the legitimacy of Congress, the Capitol Police, and the various federal investigations and prosecutions of January 6 crimes,” Tobin said in the letter.

    Advance Publications, ABC News, Axios, CBS News, Scripps, Gannett, the Los Angeles Times, Politico and ProPublica are the other media organizations joining CNN on the letter.

    The request comes after Carlson announced on his show that he had been granted “unfettered” access to “44,000 hours” of surveillance footage from inside the Capitol on January 6. CNN previously reported that McCarthy did not consult with his House GOP leadership team or with Jeffries before deciding to give Carlson access.

    In an interview with The New York Times on Wednesday, McCarthy justified the decision by saying, “I promised.”

    “I was asked in the press about these tapes, and I said they do belong to the American public. I think sunshine lets everybody make their own judgment,” the California Republican told the Times.

    McCarthy has faced significant pressure from his right flank to relitigate the work of the House select committee that investigated the January 6, 2021, insurrection. The now-defunct January 6 panel got access to all the security footage from US Capitol Police during its investigation, but it did not release some footage for security reasons. A source familiar with the committee’s work told CNN that the unreleased footage was considered sensitive material because it showed top officials moving through the US Capitol when they evacuated to safety.

    During his bid for the speakership, McCarthy vowed to hold hearings on the security failures that led to the Capitol getting overrun, and he told the select committee to preserve all of its records for potential future review by the newly empowered GOP majority.

    Carlson has been a prominent promoter of January 6 conspiracy theories and has devoted significant airtime to boosting false claims that liberal “deep state” partisans within the FBI orchestrated the insurrection as a way to undermine former President Donald Trump.

    Some Republican lawmakers had hoped to review the material themselves, likely to look for footage to support their controversial claims about the January 6 attack.

    Democrats have criticized McCarthy’s decision to give Carlson access to the security footage.

    Jeffries said in a letter to colleagues that the move “represents an egregious security breach that endangers the hardworking women and men of the United States Capitol Police, who valiantly defended our democracy with their lives at risk on that fateful day.” Schumer told his Senate colleagues in a letter that the disclosure “poses grave security risks to members of Congress and everyone who works on Capitol Hill.”

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    February 25, 2023
  • West Virginia brothers who brought bats to the US Capitol on January 6 sentenced | CNN Politics

    West Virginia brothers who brought bats to the US Capitol on January 6 sentenced | CNN Politics

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    CNN
     — 

    Two West Virginia brothers who brought bats to the US Capitol on January 6, 2021, were sentenced Thursday by a federal judge in Washington, DC.

    Eric Cramer, 43, who pleaded guilty to disorderly conduct in a restricted area and tried to grab a baton from a police officer, was sentenced to eight months in prison. His brother, Country Cramer, 38 – who entered the Capitol for two minutes on January 6 – was sentenced to 45 days of home detention after pleading guilty to unlawfully parading or picketing.

    The brothers traveled together to DC to support members of Congress who were contesting the certification of the 2020 Electoral College vote in several states, according to their plea agreement.

    While at the Capitol, Eric Cramer – wearing a gas mask throughout the day and carrying with him a baseball bat – grabbed an officer’s baton and attempted to pull it from his hands before another officer came forward and Cramer backed away, the judge said during the hearing.

    Eric Cramer posted a photo on Facebook of a police baton which, he wrote, he took “from the cop that hit me with it … so I guess that’s my trophy,” according to court documents.

    Judge Randolph Moss told Eric Cramer the Justice Department could have charged him with a felony for interfering with law enforcement officers and that the baseball bat – though there is no evidence it was ever used as a weapon – concerned him greatly.

    Someone carrying a baseball bat, Moss said, was likely “engaging in threatening behavior unless they’re walking up to the plate.”

    “It is just more and more disturbing the more I see,” Moss said of the Capitol attack. “It was one of the most regrettable days in our country.”

    Before being sentenced, Eric Cramer apologized for his actions and said he understood how the bat could be seen as threatening, adding that he only brought it for protection after seeing how violent some protests had become over the previous year.

    “I know in my heart though that I was not there for negative anything,” Eric Cramer told the judge.

    According to investigators, the FBI received a tip from a classmate of Eric Cramer’s daughter, after she posted a photo of Cramer’s Facebook post bragging about the baton. “MY DAD YALL,” his daughter allegedly wrote, adding a rock-and-roll emoji along with one of an American flag.

    Prosecutors did not mention the baton during the sentencing Thursday and the plea agreement does not say whether the baton in the photo was stolen from an officer.

    Country Cramer brought a miniature baseball bat with him, which he told the judge he kept in his backpack while on Capitol grounds.

    Country Cramer told the judge, “Had I known how the day would have turned out on the 6th, I would have never of came.” He said he brought the small bat and wore a helmet because he expected to walk back to their car in the dark that night and “that can be a little scary” – citing past violent protests.

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    February 23, 2023
  • Proud Boy testifies in sedition trial about far-right group being the ‘tip of the spear’ on January 6 | CNN Politics

    Proud Boy testifies in sedition trial about far-right group being the ‘tip of the spear’ on January 6 | CNN Politics

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    Washington
    CNN
     — 

    The sole Proud Boy to plead guilty to seditious conspiracy in connection to the US Capitol riot testified on Wednesday that members of the far-right organization believed the country was barreling toward revolution and that they were the “tip of the spear.”

    Jeremy Bertino, a top lieutenant to Proud Boys Chairman Enrique Tarrio, testified as part of a cooperation deal that he struck with prosecutors against Tarrio and four other members of the Proud Boys charged with conspiring to stop the certification of the 2020 presidential election.

    “We had a big fight on our hands. It was going to be an uphill battle, and everyone had turned against us,” Bertino testified. “My belief was that we had to take the reins and pretty much be the leaders that we had been building ourselves up to be.”

    His testimony allowed prosecutors to show jurors how the events of January 6, 2021, unfolded in the mind of a top member of the organization as he watched it online from his North Carolina home, sending messages to his “brothers” about targeting then-House Speaker Nancy Pelosi and assuring them that members of the far-left group Antifa weren’t there to stop them.

    Some of the messages featured in court were from defendants in the case, whom Bertino said he would “take a bullet for.” But Bertino and the five defendants – Tarrio, Ethan Nordean, Zachary Rehl, Joseph Biggs and Dominic Pezzola – rarely made eye contact during the testimony.

    There was not a premeditated or specific plan to storm the Capitol, Bertino testified, adding that getting the Proud Boys to communicate and work together was like “herding cats.” The Proud Boys had several group messages from the days before the riot where members mentioned descending on the Capitol building, according to exhibits shown by prosecutors.

    As court challenges to the 2020 election failed, members of the Proud Boys – who saw themselves as the “foot soldiers of the right” – began to believe the country was headed toward an “all-out revolution,” Bertino testified.

    “I felt it coming,” he said.

    The Proud Boys believed that the government was controlled by “commies,” he testified, and they began to turn against the police, whom the group increasingly saw as their enemy. Everybody in the organization felt “desperate,” including Tarrio, Bertino told the jury.

    “His tones were calculated,” Bertino said of Tarrio. “Cold, but very determined. He felt the exact same way that I did.”

    Members also were inspired by then-President Donald Trump’s reference to their organization in a 2020 presidential debate, where he told the group to “stand back and stand by.” Bertino testified that there were “nonstop requests for membership” after the debate, specifically from people who wanted to attend rallies, and that the group did less vetting of new members to keep up with applications.

    During cross examination, Bertino said that he thought the Proud Boys had a goal to stop the 2020 election but had no knowledge of how that goal would be achieved.

    “I didn’t have a direct idea of where they were going, how they were going to get there.”

    Bertino was not in Washington, DC, on the day of the riot because he was at home recovering from a stab wound he suffered during a previous pro-Trump rally, but he testified that he watched on a livestream video. He saw the mob as starting the “next American revolution,” and told others Proud Boys he was brought to tears during the attack.

    “I was happy, excited, in awe and disbelief that people were doing what they said they would do,” Bertino told the jury. When the crowd descended on the Capitol building, “it meant that we influenced people, the normies, enough to make them stand for themselves and take back their country and take back their freedom,” he said.

    In chats to other Proud Boys, Bertino encouraged members to move forward, telling them that he could see the Capitol building on a livestream and that no members of Antifa would be at the building to stop the pro-Trump mob.

    Bertino also messaged: “They need to get peloton” – which he testified was a misspelled reference to Pelosi. “She was the talking head of the opposition and they needed to remove her from power,” he said.

    By the evening of January 6, Bertino grew angry at Trump supporters for leaving the Capitol building, he told the jury.

    “The way I felt at the moment, if we give that building up, we were giving up our country,” Bertino testified. He sent encrypted messages to other Proud Boys members, saying that “we failed,” and “Half measures mean nothing,” and, referring to lawmakers inside the Capitol, “Fuck fear: They need to be hung.”

    “Once they took that step, there was no coming back from it,” Bertino testified Wednesday. “And they decided basically to balk and walk away after creating all that chaos down there.”

    “The revolution had failed,” he continued, “because the House was still going to go on and certify the election.”

    Bertino told the jury that after January 6, he tried to delete what he saw as incriminating messages on his phone and he wasn’t fully truthful with FBI agents when they asked him about the Capitol attack.

    “I guess it’s a natural instinct to protect yourself and protect those you love,” Bertino testified.

    “I love them,” he said of the five defendants. “I didn’t want to see anything bad happen to them. Still don’t.”

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    February 23, 2023
  • Steve Bannon’s ex-lawyers sue him over nearly $500,000 in unpaid legal bills | CNN Politics

    Steve Bannon’s ex-lawyers sue him over nearly $500,000 in unpaid legal bills | CNN Politics

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    CNN
     — 

    A law firm that represented former Donald Trump strategist Steve Bannon during his fight against a subpoena from the House January 6 committee and other cases is suing Bannon for nearly $500,000 in unpaid legal bills.

    The lawsuit states that Davidoff Hutcher & Citron LLP worked for Bannon from November 2020 through November 2022 and represented him on several high-profile cases, including investigations into Bannon’s crowdfunding border-wall effort and the subpoena from the House select committee investigating the US Capitol attack on January 6, 2021.

    “This action simply seeks payment of an outstanding bill for legal services rendered in the amount of $480,487.87 in addition to scheduling a hearing on the reasonable attorneys’ fees DHC is contractually entitled to as the prevailing party in this litigation,” the law firm wrote.

    Bannon’s spokesman did not respond to a request for comment.

    While Trump pardoned Bannon in the federal border wall case, the Manhattan DA’s office announced an indictment last year charging Bannon with state charges of fraud, conspiracy and money laundering related to the effort. Bannon has pleaded not guilty to the charges.

    The lawyers representing him in that case – from a different firm – have sought to withdraw from representing him and said there were “irreconcilable differences.” Bannon is due in court next week to update the judge on his efforts to find new lawyers.

    In his criminal case related to the House January 6 investigation, a jury convicted Bannon of failing to turn over documents and appearing for testimony last summer. Bannon has appealed his contempt of Congress conviction for defying the committee’s subpoena.

    Robert Costello, an attorney at Davidoff Hutcher & Citron, had represented Bannon opposite the House subpoena, but became a witness in the case so Bannon had a different legal team at trial.

    The Davidoff firm said in the lawsuit that its “bills for fees and expenses totaled $855,487.87. Defendant paid only $375,000.00 of the total bill leaving a total of $480,487.87 outstanding.”

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    February 23, 2023
  • Capitol rioter who tweeted threat to Rep. Ocasio-Cortez sentenced to 38 months in prison | CNN Politics

    Capitol rioter who tweeted threat to Rep. Ocasio-Cortez sentenced to 38 months in prison | CNN Politics

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    CNN
     — 

    A Texas man was sentenced to more than three years in prison Wednesday for assaulting police officers during the US Capitol riot and threatening Rep. Alexandria Ocasio-Cortez on Twitter shortly after the attack.

    Garret Miller, 36, pleaded guilty in December to charges related to his conduct on January 6, 2021. He was arrested weeks after the riot – on Inauguration Day – while wearing a shirt that said: “I was there, Washington, D.C., January 6, 2021.”

    According to court documents, Miller brought gear with him to DC, including a rope, a grappling hook and a mouth guard, and prosecutors said he was “at the forefront of every barrier overturned, police line overrun, and entryway breached within his proximity that day.” Miller was detained twice during the riot, according to court documents.

    When he left the Capitol building, he took the fight to Twitter, according to court documents. In response to a tweet from Ocasio-Cortez calling for then-President Donald Trump’s impeachment, Miller responded: “Assassinate AOC.”

    “At the time that I tweeted at the Congresswoman, I intended that the communication be perceived as a serious intent to commit violence against the Congresswoman,” Miller said in court documents as part of his guilty plea. He also levied threats against the officer who shot and killed a pro-Trump rioter during the melee, according to court documents, saying that he wanted to “hug his neck with a nice rope.”

    Clint Broden, Miller’s laywer, said in a statement to CNN that the sentence “ultimately reflects Judge Nichols careful consideration of the case,” and said that his client “has expressed his sincere remorse for his actions.”

    Correction: An earlier version of this story misstated the nature of Garret Miller’s guilty plea.

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    February 22, 2023
  • House January 6 investigator says it’s ‘likely’ 2020 election subversion probes will produce indictments | CNN Politics

    House January 6 investigator says it’s ‘likely’ 2020 election subversion probes will produce indictments | CNN Politics

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    Washington
    CNN
     — 

    The top investigator on the House committee that probed the January 6, 2021, US Capitol attack said Wednesday it is “likely” that the Georgia and federal investigations into efforts to subvert the 2020 presidential election will produce indictments.

    Timothy Heaphy told CNN’s Kate Bolduan on “Erin Burnett OutFront” that “unless there is information inconsistent, which I don’t expect, I think there will likely be indictments both in Georgia and at the federal level.”

    In Georgia, the foreperson of the Atlanta-based grand jury that investigated former President Donald Trump’s attempts to overturn the 2020 election told CNN on Tuesday that the panel is recommending multiple indictments and suggested “the big name” may be on the list.

    The grand jury met for about seven months in Atlanta and heard testimony from 75 witnesses, including some of Trump’s closest advisers from his final weeks in the White House.

    Now that the grand jury is finished, it’s up to Fulton County District Attorney Fani Willis to review the recommendations and make charging decisions. Willis’ decisions in this case will reverberate in the 2024 presidential campaign and beyond.

    Trump, who has launched his 2024 campaign for the White House, denies any criminal wrongdoing.

    At the federal level, special counsel Jack Smith is overseeing parts of the criminal investigation into the Capitol attack and has subpoenaed members of Trump’s inner circle. On Wednesday, the New York Times reported that Smith had subpoenaed the former president’s daughter Ivanka Trump and son-in-law Jared Kushner for testimony.

    “I think it could be very important,” Heaphy said of the pair’s potential testimony.

    “They were present for really significant events. The special counsel will want to hear about the president’s understanding of the election results and also what happened on January 6. And they both had direct communications with him about the events preceding the riot at the Capitol,” he said.

    The special counsel has a massive amount of evidence already in-hand that it now needs to comb through, including evidence recently turned over by the House January 6 committee, subpoena documents provided by local officials in key states and discovery collected from lawyers for Trump allies late last year in a flurry of activity, at least some of which had not been reviewed as of early January, sources familiar with the investigation told CNN at the time.

    “He will not stop because of a family relationship, because of purported executive privilege,” Heaphy said of Smith. “He believes that the law entitles him to all of that information, and he’s determined to get it.”

    Ivanka Trump and Kushner previously testified to the House select committee, which expired in January after Republicans took control of the House. The panel had referred the former president to the Justice Department on four criminal charges in December, and while largely symbolic in nature, committee members stressed those referrals served as a way to document their views given that Congress cannot bring charges.

    This story has been updated with additional information Wednesday.

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    February 22, 2023
  • Lawyers for Proud Boys member take steps to subpoena former President Trump in seditious conspiracy trial | CNN Politics

    Lawyers for Proud Boys member take steps to subpoena former President Trump in seditious conspiracy trial | CNN Politics

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    CNN
     — 

    Lawyers for a Proud Boys member on trial for seditious conspiracy related to his alleged role in the January 6, 2021, attack on the US Capitol are taking steps to subpoena former President Donald Trump to testify as a witness for the defense.

    It’s a longshot bid as judges have previously rejected subpoenas for Trump and arguments that rioters were obeying his orders in other trials of January 6 defendants. Trump’s lawyers also wouldn’t accept service of any subpoena for him unless they had extensive discussions about it first, according to a source familiar with the matter, and they have not decided on a Proud Boys trial subpoena.

    The Justice Department has not indicated in court, or in the email to defense attorneys, whether it plans to try to quash this subpoena.

    But DOJ has informed defense lawyers they can contact Trump’s attorney Evan Corcoran, according to an email reviewed by CNN. If he refuses to accept service, the Justice Department said they can reach out to the Secret Service’s Miami field office to facilitate the process, or ask the court to order the US Marshals Service to serve the subpoena.

    The subpoena asks for Trump to come to the federal courthouse in Washington, DC, on March 1, but bringing Trump into court is likely an uphill battle. Trump’s attorneys also could move to quash the subpoena, and federal prosecutors still have the ability to argue that his testimony isn’t relevant to the ongoing trial.

    A federal prosecutor on the case declined to comment.

    Norman Pattis, a lawyer who represents defendant Joseph Biggs, announced the subpoena in court last week and asked for the government’s assistance in serving the subpoena. Pattis told CNN on Wednesday that he had reached out to Corcoran about the subpoena and has not received a response. Pattis added that he also has reached out to the Secret Service in Miami.

    CNN has reached out to Corcoran for comment.

    Biggs and his four co-defendants are on trial for their alleged participation in the January 6 US Capitol insurrection, and all five have pleaded not guilty.

    Attorneys for the five defendants in this case, including Biggs, previously asked a federal judge to allow them to argue to a jury that Trump ordered their clients to storm the Capitol on January 6. District Judge Timothy Kelly rejected the argument, saying that Trump did not have the authority to order a mob to storm the Capitol.

    Pattis told CNN that serving Trump with the subpoena is “the first of many steps” in the process of getting the former president to testify in the high-profile sedition trial. Pattis also said he anticipates lawyers for Trump will move to stop the subpoena.

    “I presented to the United States government a signed subpoena requiring the presence of Donald J. Trump at the Proud Boy trial sometime in March,” Pattis said on his podcast “Law and Legitimacy” last week. “We’re hoping that Mr. Trump – ambitious as he is – recognizes that this is an opportunity for him to begin to explain to the public his position on ‘Stopping the Steal.’”

    “We have drawn the line,” Pattis continued. “We have asked Mr. Trump to join us, and our position is, Mr. President, you urged patriots to stop the steal in 2020 and early 2021. We have a simpler request: Take the stand.”

    Pattis added that they want to question Trump on the period between November 3, 2020 and January 6, 2021.

    Pattis has not said publicly what he would hope to elicit from Trump’s testimony, but several defense lawyers representing Proud Boys members have argued during this trial that their clients were called to action by the former president when he told the far-right group to “stand back and stand by” during a 2020 presidential debate, and that the Proud Boys believed they were acting at his behest on January 6.

    “You see Trump, President Trump, told them the election was stolen. It was Trump that told them to go [to the Capitol]. And it was Trump that unleashed them on January 6,” Sabino Jauregui, the attorney for former Proud Boys chairman Enrique Tarrio, told jurors during his opening statement last month.

    “It’s too hard to blame Trump,” Jauregui said. “It’s too hard to bring him in here with his army of lawyers. … Instead, they go for the easy target. They go for Enrique Tarrio.”

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    February 22, 2023
  • Takeaways from the Supreme Court’s hearing on Twitter’s liability for terrorist use of its platform | CNN Business

    Takeaways from the Supreme Court’s hearing on Twitter’s liability for terrorist use of its platform | CNN Business

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    CNN
     — 

    After back-to-back oral arguments this week, the Supreme Court appears reluctant to hand down the kind of sweeping ruling about liability for terrorist content on social media that some feared would upend the internet.

    On Wednesday, the justices struggled with claims that Twitter contributed to a 2017 ISIS attack in Istanbul by hosting content unrelated to the specific incident. Arguments in that case, Twitter v. Taamneh, came a day after the court considered whether YouTube can be sued for recommending videos created by ISIS to its users.

    The closely watched cases carry significant stakes for the wider internet. An expansion of apps and websites’ legal risk for hosting or promoting content could lead to major changes at sites including Facebook, Wikipedia and YouTube, to name a few.

    For nearly three hours of oral argument, the justices asked attorneys for Twitter, the US government and the family of Nawras Alassaf – a Jordanian citizen killed in the 2017 attack – how to weigh several factors that might determine Twitter’s level of legal responsibility, if any. But while the justices quickly identified what the relevant factors were, they seemed divided on how to analyze them.

    The court’s conservatives appeared more open to Twitter’s arguments that it is not liable under the Anti-Terrorism Act, with Justice Amy Coney Barrett at one point theorizing point-by-point how such an opinion could be written and Justice Neil Gorsuch repeatedly offering Twitter what he believed to be a winning argument about how to read the statute.

    The panel’s liberals, by contrast, seemed uncomfortable with finding that Twitter should face no liability for hosting ISIS content. They pushed back on Twitter’s claims that the underlying law should only lead to liability if the help it gave to ISIS can be linked to the specific terrorist attack that ultimately harmed the plaintiffs.

    Here are the takeaways from Wednesday:

    The justices spent much of the time picking through the text of the Anti-Terrorism Act, the law that Twitter is accused of violating – especially the meaning of the words “knowingly” and “substantial.”

    The law says liability can be established for “any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed such an act of international terrorism.”

    Justice Sonia Sotomayor seemed unpersuaded by Twitter attorney Seth Waxman’s arguments that Twitter could have been liable if the company were warned that specific accounts were planning a specific attack, but that those were not the facts of the case and Twitter was therefore not liable in the absence of such activity and such warnings.

    Chief Justice John Roberts grappled with the meaning of “substantial” assistance: Hypothetically, he asked, would donating $100 to ISIS suffice, or $10,000?

    “Substantial assistance” would hinge on the degree to which a terror group actually uses a platform such as Twitter to plan, coordinate and carry out a terrorist attack, Waxman said at one point. The existence of some tweets that generally benefited ISIS, he argued, should not be considered substantial assistance.

    The justices alluded to the gravity of the dilemma as they drew analogies to other industries that have grappled with related claims.

    “We’re used to thinking about banks as providing very important services to terrorists,” said Justice Elena Kagan. “Maybe we’re not so used to, but it seems to be true, that various kinds of social media services also provide very important services to terrorists,” the liberal justice said. “If you know you’re providing a very important service to terrorists, why aren’t you [said to be] providing substantial assistance and doing it knowingly?”

    Eric Schnapper, an attorney representing the Alassaf family – who had also argued on behalf of the plaintiffs in Tuesday’s Supreme Court arguments in Gonzalez v. Google – again struggled to answer justices’ questions as they sought to find some limiting principle to constrain the scope of the Anti-Terrorism Act.

    Justice Brett Kavanaugh asked Schnapper to respond to concerns that a ruling finding Twitter liable for the ISIS attack — even when the tweets it hosted had nothing to do with it — would negatively affect charities and humanitarian organizations that might incidentally assist terrorist organizations through their work.

    Schnapper suggested those groups might be insulated from liability due to the law’s “knowledge” requirement, but did not offer the justices a way to draw a bright-line distinction.

    Justice Clarence Thomas hinted at the potential expansiveness of what Schnapper was proposing in calling for Twitter to be held liable for the ISIS tweets.

    “If we’re not pinpointing cause-and-effect or proximate cause for specific things, and you’re focused on infrastructure or just the availability of these platforms, then it would seem that every terrorist attack that uses this platform would also mean that Twitter is an aider and abettor in those instances,” Thomas said.

    “I think in the way that you phrased it, that would probably be, yes,” Schnapper replied, going on to suggest a test involving “remoteness and time, weighed together with volume of activity.”

    Several justices asked the parties to respond to hypotheticals about what liability a business would have for dealing with Osama bin Laden. Their reliance of the terrorist in their examples seemed to get at the “knowing” requirement of the law.

    However, the court is being asked to issue an opinion that will guide lower courts in cases that likely will not involve such high-profile figures.

    Kagan invoked bin Laden’s name when she put forward a hypothetical for US Deputy Solicitor General Edwin Kneedler about a bank that offered services to a known terrorist that were the same services it provided its non-terrorist clients. Kneedler, arguing that Twitter should not be found liable under the anti-terrorist law in this case, said that in that scenario, the bank could be sued under the law.

    Other exchanges during the hearing revolved around the liability for a business that sold bin Laden a cell phone, with Justice Ketanji Brown Jackson asking if the business could be sued even if bin Laden did not use the cell phone for the terrorist attack that injured the plaintiff. Schnapper said that bin Laden would not need to use the cell phone in an attack for the seller to be found liable.

    Gorsuch put forward a theory for why Twitter should prevail in the case but neither Twitter nor the US Justice Department took him up on it.

    Gorsuch gave Waxman a chance to reframe his arguments for why Twitter shouldn’t be liable, based on language in the law suggesting a defendant is liable for assistance provided to a person who commits an act of international terrorism. Gorsuch noted the lawsuit against Twitter doesn’t link Twitter to the three people involved in the 2017 attack on the Istanbul nightclub.

    Waxman declined to fully adopt that view, arguing instead that the “aid and abet” language in the statute should be tied to the terrorist activity that gives rise to a suit.

    When Kneedler was up to podium, Gorsuch offered up the theory again, implying it would be a way for Twitter to avoid liability in this case.

    “It seems to me that that’s a pretty important limitation on aiding and abetting liability and conspiracy liability … that you have to aid an actual person,” Gorsuch said. “It’s not just a pedantic point. It has to do with the idea that you’re singling somebody out, and that is different than just doing your business normally, and that does help limit the scope of the act.”

    Jackson later hypothesized why Twitter and the US government were reluctant to endorse Gorsuch’s interpretation of the law, suggesting it was not the limitation Gorsuch thought it was.

    “I’m wondering whether the concern about that is, if you’re focusing on the person [who committed a terrorist act]… that it seems to take the focus away from the act itself,” she told Kneedler. “You could ‘aid and abet’ a person who committed the act, even if it’s not with respect to that act.”

    Justice Kagan voices concern on whether Supreme Court should step in. Listen why

    The Taamneh case is viewed as a turning point for the future of the internet, because a ruling against Twitter could expose the platform – and numerous other websites – to new lawsuits based on their hosting of terrorist content in spite of their efforts to remove such material.

    While it’s too early to tell how the justices may decide the case, the questioning on Wednesday suggested some members of the court believe Twitter should bear some responsibility for indirectly supporting ISIS in general, even if the company may not have been responsible for the specific attack in 2017 that led to the current case.

    But a key question facing the court is whether the Anti-Terrorism Act is the law that can reach that issue – or alternatively, whether the justices can craft a ruling in such a way that it does.

    Rulings in the cases heard this week are expected by late June.

    This story has been updated with Wednesday’s developments.

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    February 22, 2023
  • Michigan election denier who has yet to concede her 2022 loss will chair state GOP | CNN Politics

    Michigan election denier who has yet to concede her 2022 loss will chair state GOP | CNN Politics

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    CNN
     — 

    Michigan Republicans have chosen Kristina Karamo, who has yet to concede last year’s secretary of state race, as their next chair, putting an election denier at the head of the party in a crucial battleground state.

    Karamo tweeted Sunday that she was “honored to lead the Michigan Republican Party.”

    On the heels of the GOP’s midterm losses in Michigan last year, the state party backed Karamo at its Saturday night convention over Matthew DePerno, who had former President Donald Trump’s backing in the race. DePerno ran unsuccessfully for attorney general last year.

    Trump congratulated Karamo on Truth Social Sunday, calling her a “a powerful and fearless Election Denier, in winning the Chair of the GOP in Michigan.”

    “If Republicans (and others!) would speak the truth about the Rigged Presidential Election of 2020, like FoxNews should, but doesn’t, they would be far better off,” he said.

    Karamo, a former community college professor, rose to prominence in Michigan after the 2020 election when she alleged to have witnessed fraud as a poll challenger during the state’s count of absentee ballots. She has falsely claimed Trump was the true victor in Michigan in 2020 and has spread the conspiracy theory that left-wing anarchists were behind the January 6, 2021, attack on the US Capitol.

    Trump had backed Karamo in the 2022 secretary of state race, which she lost by 14 points to incumbent Democrat Jocelyn Benson.

    A CNN review in November 2021 of Karamo’s podcast and writings on her now defunct personal website revealed her declaring herself an “anti-vaxxer” in 2020 even before the Covid-19 vaccine became a political flashpoint. She opposed teaching evolution and called public schools “government indoctrination camps.”

    CNN’s KFile reported last year that Karamo called abortion “child sacrifice” and a “satanic practice.”

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    February 20, 2023
  • Two Supreme Court cases this week could upend the entire internet | CNN Business

    Two Supreme Court cases this week could upend the entire internet | CNN Business

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    Washington
    CNN
     — 

    The Supreme Court is set to hear back-to-back oral arguments this week in two cases that could significantly reshape online speech and content moderation.

    The outcome of the oral arguments, scheduled for Tuesday and Wednesday, could determine whether tech platforms and social media companies can be sued for recommending content to their users or for supporting acts of international terrorism by hosting terrorist content. It marks the Court’s first-ever review of a hot-button federal law that largely protects websites from lawsuits over user-generated content.

    The closely watched cases, known as Gonzalez v. Google and Twitter v. Taamneh, carry significant stakes for the wider internet. An expansion of apps and websites’ legal risk for hosting or promoting content could lead to major changes at sites, including Facebook, Wikipedia and YouTube, to name a few.

    The litigation has produced some of the most intense rhetoric in years from the tech sector about the potential impact on the internet’s future. US lawmakers, civil society groups and more than two dozen states have also jumped into the debate with filings at the Court.

    At the heart of the legal battle is Section 230 of the Communications Decency Act, a nearly 30-year-old federal law that courts have repeatedly said provide broad protections to tech platforms but that has since come under scrutiny alongside growing criticism of Big Tech’s content moderation decisions.

    The law has critics on both sides of the aisle. Many Republican officials allege that Section 230 gives social media platforms a license to censor conservative viewpoints. Prominent Democrats, including President Joe Biden, have argued Section 230 prevents tech giants from being held accountable for spreading misinformation and hate speech.

    In recent years, some in Congress have pushed for changes to Section 230 that might expose tech platforms to more liability, along with proposals to amend US antitrust rules and other bills aimed at reining in dominant tech platforms. But those efforts have largely stalled, leaving the Supreme Court as the likeliest source of change in the coming months to how the United States regulates digital services.

    Rulings in the cases are expected by the end of June.

    The case involving Google zeroes in on whether it can be sued because of its subsidiary YouTube’s algorithmic promotion of terrorist videos on its platform.

    According to the plaintiffs in the case — the family of Nohemi Gonzalez, who was killed in a 2015 ISIS attack in Paris — YouTube’s targeted recommendations violated a US antiterrorism law by helping to radicalize viewers and promote ISIS’s worldview.

    The allegation seeks to carve out content recommendations so that they do not receive protections under Section 230, potentially exposing tech platforms to more liability for how they run their services.

    Google and other tech companies have said that that interpretation of Section 230 would increase the legal risks associated with ranking, sorting and curating online content, a basic feature of the modern internet. Google has claimed that in such a scenario, websites would seek to play it safe by either removing far more content than is necessary, or by giving up on content moderation altogether and allowing even more harmful material on their platforms.

    Friend-of-the-court filings by Craigslist, Microsoft, Yelp and others have suggested that the stakes are not limited to algorithms and could also end up affecting virtually anything on the web that might be construed as making a recommendation. That might mean even average internet users who volunteer as moderators on various sites could face legal risks, according to a filing by Reddit and several volunteer Reddit moderators. Oregon Democratic Sen. Ron Wyden and former California Republican Rep. Chris Cox, the original co-authors of Section 230, argued to the Court that Congress’ intent in passing the law was to give websites broad discretion to moderate content as they saw fit.

    The Biden administration has also weighed in on the case. In a brief filed in December, it argued that Section 230 does protect Google and YouTube from lawsuits “for failing to remove third-party content, including the content it has recommended.” But, the government’s brief argued, those protections do not extend to Google’s algorithms because they represent the company’s own speech, not that of others.

    The second case, Twitter v. Taamneh, will decide whether social media companies can be sued for aiding and abetting a specific act of international terrorism when the platforms have hosted user content that expresses general support for the group behind the violence without referring to the specific terrorist act in question.

    The plaintiffs in the case — the family of Nawras Alassaf, who was killed in an ISIS attack in Istanbul in 2017 — have alleged that social media companies including Twitter had knowingly aided ISIS in violation of a US antiterrorism law by allowing some of the group’s content to persist on their platforms despite policies intended to limit that type of content.

    Twitter has said that just because ISIS happened to use the company’s platform to promote itself does not constitute Twitter’s “knowing” assistance to the terrorist group, and that in any case the company cannot be held liable under the antiterror law because the content at issue in the case was not specific to the attack that killed Alassaf. The Biden administration, in its brief, has agreed with that view.

    Twitter had also previously argued that it was immune from the suit thanks to Section 230.

    Other tech platforms such as Meta and Google have argued in the case that if the Court finds the tech companies cannot be sued under US antiterrorism law, at least under these circumstances, it would avoid a debate over Section 230 altogether in both cases, because the claims at issue would be tossed out.

    In recent years, however, several Supreme Court justices have shown an active interest in Section 230, and have appeared to invite opportunities to hear cases related to the law. Last year, Supreme Court Justices Samuel Alito, Clarence Thomas and Neil Gorsuch wrote that new state laws, such as Texas’s that would force social media platforms to host content they would rather remove, raise questions of “great importance” about “the power of dominant social media corporations to shape public discussion of the important issues of the day.”

    A number of petitions are currently pending asking the Court to review the Texas law and a similar law passed by Florida. The Court last month delayed a decision on whether to hear those cases, asking instead for the Biden administration to submit its views.

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    February 20, 2023
  • Fox News executives refused to let Trump on-air when he called in during January 6 attack, Dominion says | CNN Politics

    Fox News executives refused to let Trump on-air when he called in during January 6 attack, Dominion says | CNN Politics

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    CNN
     — 

    Former President Donald Trump tried to call into Fox News after his supporters attacked the US Capitol on January 6, 2021, but the network refused to put him on air, according to court filings from Dominion Voting Systems in its defamation case against the company.

    The House select committee that investigated the January 6 attack did not know that Trump had made this call, according to a source familiar with the panel’s work.

    The panel sought to piece together a near minute-by-minute account of Trump’s movements, actions and phone calls on that day. His newly revealed call to Fox News shows some of the gaps in the record that still exist, due to roadblocks the committee faced.

    “The afternoon of January 6, after the Capitol came under attack, then-President Trump dialed into Lou Dobbs’ show attempting to get on air,” Dominion lawyers wrote in their legal brief.

    ‘He could easily destroy us’: See Tucker Carlson’s private text about Trump

    “But Fox executives vetoed that decision,” Dominion’s filing continued. “Why? Not because of a lack of newsworthiness. January 6 was an important event by any measure. President Trump not only was the sitting President, he was the key figure that day.”

    The network rebuffed Trump because “it would be irresponsible to put him on the air” and “could impact a lot of people in a negative way,” according to Fox Business Network President Lauren Petterson, whose testimony was cited by Dominion in the new filing.

    Dobbs’ show on Fox Business – in which he routinely promoted baseless conspiracies about the 2020 election – was canceled a few weeks after the January 6 insurrection.

    Fox News and its parent company have denied all wrongdoing and are aggressively fighting Dominion’s defamation lawsuit. In a previous statement, a Fox spokesperson claimed that Dominion “mischaracterized the record” in its court filing and “cherry-picked quotes” that were “stripped of key context.”

    The most prominent stars and highest-ranking executives at Fox News privately ridiculed claims of election fraud in the 2020 election, despite the right-wing channel allowing lies about the presidential contest to be promoted on its air, damning messages contained in a Thursday court filing revealed.

    General view of Fox Plaza on February 8, 2023 in New York City.

    Haberman describes ‘striking’ claim that stood out to her from court documents

    The messages showed that Tucker Carlson, Sean Hannity and Laura Ingraham brutally mocked lies being pushed by Trump’s camp asserting that the election had been rigged.

    In one set of messages revealed in the court filing, Carlson texted Ingraham, saying that Sidney Powell, an attorney who was representing the Trump campaign, was “lying” and that he had “caught her” doing so. Ingraham responded, “Sidney is a complete nut. No one will work with her. Ditto with Rudy [Giuliani].”

    giuliani screengrab

    Court filings show Fox stars ridiculed Giuliani over 2020 election fraud claims

    The messages also revealed that Rupert Murdoch, the chairman of Fox Corporation, did not believe Trump’s election lies and even floated the idea of having Carlson, Hannity and Ingraham appear together in prime time to declare Joe Biden as the rightful winner of the election.

    Such an act, Murdoch said, “Would go a long way to stop the Trump myth that the election stolen.”

    The court filing offered the most vivid picture to date of the chaos that transpired behind the scenes at Fox News after Trump lost the election and viewers rebelled against the channel for accurately calling the contest in Biden’s favor.

    Dominion filed its mammoth lawsuit against Fox News in March 2021, alleging that during the 2020 presidential election the network “recklessly disregarded the truth” and pushed various pro-Trump conspiracy theories about the election technology company because “the lies were good for Fox’s business.”

    Fox News has not only vigorously denied Dominion’s claims, it has insisted it is “proud” of its 2020 election coverage.

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    February 19, 2023
  • Trump’s former national security adviser Robert O’Brien appears before federal grand jury | CNN Politics

    Trump’s former national security adviser Robert O’Brien appears before federal grand jury | CNN Politics

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    CNN
     — 

    Former national security adviser Robert O’Brien is appearing Thursday before a grand jury in the federal courthouse in Washington, DC, where several Trump-related investigations are being conducted.

    O’Brien had been subpoenaed by special counsel Jack Smith as part of investigations both into classified documents found at former President Donald Trump’s Mar-a-Lago residence and the probe related to efforts to overturn the 2020 election, CNN previously reported.

    CNN spotted two grand juries meeting at the DC federal courthouse on Thursday – one of which has heard testimony related to the documents probe, while the other has been handling the investigation into efforts by Trump and his allies to undermine the election results.

    It is not clear which grand jury O’Brien is appearing in front of, or whether he is scheduled to testify before both grand juries. O’Brien identified himself to a CNN reporter but did not disclose any other details about his testimony.

    O’Brien could have knowledge of how classified documents were stored at Mar-a-Lago because the National Security Council should be involved in handling those documents at the end of a presidency.

    According to CNN reporting, O’Brien considered resigning over Trump’s response to the January 6, 2021, attack on the US Capitol but ultimately decided not to.

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    February 16, 2023
  • 1 dead, 3 injured in shooting at El Paso shopping mall | CNN

    1 dead, 3 injured in shooting at El Paso shopping mall | CNN

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    CNN
     — 

    Four people were shot Wednesday evening at the Cielo Vista Mall in El Paso, Texas, according to police. One person died, said Sgt. Robert Gomez.

    “We have one person in custody. We do believe there could be one outstanding. That’s why the extensive search of the mall is being done right now,” Gomez said.

    Police did not comment on a possible motive and did not provide details on the conditions of the three victims who were hospitalized.

    “It was chaotic. People did flee. They were scared,” said Gomez.

    Earlier, police asked people to avoid Cielo Vista Mall after getting reports that shots have been fired in the food court.

    “Mall scene is still active please avoid the area. Multiple agencies responding to the area,” EPPD said in a tweet Wednesday afternoon.

    The mall is adjacent to a Walmart where a mass shooting in 2019 killed 23 and left nearly two dozen more injured.

    Robert Gonzalez was in the mall and told CNN he “saw people running to the exit.”

    Videos taken by Gonzalez show several mall storefronts closed with their security gates down and police parked outside. He said he was able to make it safely to his car, where he was waiting to leave as he spoke with CNN.

    Gonzalez recalled the 2019 mass shooting, saying today’s experience “just brought back bad memories.”

    This is a developing story and will be updated.

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    February 15, 2023
  • Pence says he’s willing to take fight against DOJ subpoena in Trump probe to Supreme Court | CNN Politics

    Pence says he’s willing to take fight against DOJ subpoena in Trump probe to Supreme Court | CNN Politics

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    CNN
     — 

    Former Vice President Mike Pence said Wednesday that he is willing to take his fight against a subpoena for his testimony in the Justice Department’s 2020 election subversion investigation all the way to the Supreme Court.

    “I am going to fight the Biden DOJ subpoena for me to appear before the grand jury because I believe it’s unconstitutional and unprecedented,” Pence told reporters after making a speech in Iowa.

    He said he expects former President Donald Trump to bring his own challenge to the subpoena that will raise executive privilege claims. Pence, however, intends to fight the subpoena under the Constitution’s Speech or Debate Clause, which shields legislators from certain law enforcement actions targeting conduct related to their legislative duties.

    While other witnesses have raised Speech or Debate Clause argument in efforts to resist subpoenas in the DOJ probe and in the other investigations into January 6, 2021, Pence plans to invoke the clause in relation to his role as president of the Senate – which is believed to be untrod legal ground.

    In that role, he presided over Congress’ certification of the 2020 election results on January 6, 2021.

    “On the day of January 6, I was acting as President of the Senate, presiding over a Joint Session, described in the Constitution itself,” Pence said. “And so, I believe that that Speech and Debate Clause of the Constitution actually prohibits the executive branch from compelling me to appear in a court, as the Constitution says, or in any other place. And we’ll stand on that principle and we’ll take that case as far as it needs to go, if need be to the Supreme Court of the United States, because to me, it’s – it’s an issue of the separation of powers.”

    He said that over the last “several months,” his team had made it clear to the Justice Department that he believed the Speech or Debate Clause precluded a subpoena for his testimony.

    CNN previously reported on Pence’s plans to raise claims under the Speech or Debate Clause.

    Pence also noted that he has written and spoken publicly about the events leading up to the January 6 certification vote. But, he said, “if we were to accede to accept a subpoena for appearance before a grand jury or a trial, I believe that would diminish the privileges enjoyed by any future vice president, either Democrat or Republican. I simply will not do that.”

    Pence first spoke publicly about his plans to fight the subpoena at an event in Minneapolis earlier Wednesday, saying that his fight was about ” separation of powers” and “defending the prerogatives that I had as president of the Senate.”

    “My fight is on the separation of powers. My fight against the DOJ subpoena very simply is on defending the prerogatives that I had as president of the Senate to preside over the Joint Session of Congress on January 6,” Pence told reporters in Minneapolis.

    “For me this is a moment where you have to decide where you stand and I stand on the Constitution of the United States,” he added.

    Pence is one of several former members of Trump’s inner circle whose testimony federal investigators have sought, as they scrutinize the events leading up to and during the January 6, 2021, riot at the Capitol. That probe, as well as the federal investigation into Trump’s handling of documents from his White House that were found at Mar-a-Lago, have taken a more aggressive tack since special counsel Jack Smith took over both investigations.

    This story has been updated with additional information.

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    February 15, 2023
  • Pence to fight subpoena on separation of powers grounds because he was president of Senate | CNN Politics

    Pence to fight subpoena on separation of powers grounds because he was president of Senate | CNN Politics

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    CNN
     — 

    Former Vice President Mike Pence is expected to fight a recent subpoena from the special counsel based on the grounds that he was president of the Senate at the time and therefore shielded from the order, sources familiar with the matter tell CNN.

    Pence is expected to address the subpoena and his response to it during a trip to Iowa on Wednesday, according to a source familiar with his plans.

    Pence has been subpoenaed by the special counsel investigating former President Donald Trump and his role in January 6, 2021, a source familiar with the matter told CNN. Special counsel Jack Smith’s office is seeking documents and testimony, the source said. Investigators want the former vice president to testify about his interactions with Trump leading up to the 2020 election and the day of the attack on the US Capitol.

    The subpoena marks an important milestone in the Justice Department’s two-year criminal investigation, now led by the special counsel, into the efforts by Trump and allies to impede the transfer of power after he lost the 2020 election. Pence is an important witness who has detailed in a memoir some of his interactions with Trump in the weeks after the election, a move that likely opens the door for the Justice Department to override at least some of Trump’s claims of executive privilege.

    This story has been updated with additional details.

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    February 14, 2023
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