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  • Out of the spotlight, Mark Meadows wields quiet political power amid Trump legal woes | CNN Politics

    Out of the spotlight, Mark Meadows wields quiet political power amid Trump legal woes | CNN Politics

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    Washington
    CNN
     — 

    In January, as Kevin McCarthy fought to win the House speakership through 15 rounds of grinding votes and late-night sessions at the Capitol, a few blocks away a group of right-wing holdouts huddled with a familiar but surprising source – former White House chief of staff Mark Meadows.

    A founding member of the hardline House Freedom Caucus, Meadows spent years in the House agitating against GOP leadership, trying to move his party increasingly to the right. Now, Meadows was counseling a new batch of Republican rebels, advising them on specific demands to make and gaming out how McCarthy would react to their maneuvering, according to multiple GOP lawmakers who were part of the planning sessions.

    The group was so taken by Meadows, at one point they considered nominating him for speaker. Meadows ultimately rejected the suggestion, telling lawmakers he preferred to operate behind the scenes.

    “We talked to him about being speaker. We asked would he mind if we put his name up,” Rep. Ralph Norman, one of the McCarthy holdouts, confirmed to CNN. “That’s not something he thought he could win. His best use is doing what he does now. He can freelance and offer advice.”

    Sources tell CNN that in recent weeks Meadows has also been advising right-wing lawmakers on negotiations over the nation’s debt ceiling, where McCarthy’s right-flank may try to stand in the way of any concessions made in a compromise with President Joe Biden and congressional Democrats.

    The former chief’s hands-on role in both the debt fight and the speaker’s battle – details of which have not been previously reported – underscores how Meadows has managed to stay politically relevant even as he covertly navigates potential criminal exposure for his role in Donald Trump’s attempt to overturn the 2020 election.

    Meadows is viewed as a critical first-hand witness to the investigations of both special counsel Jack Smith and Georgia’s Fulton County District Attorney Fani Willis. He’s been ordered to testify before the grand jury in both investigations, and to provide documents to the special counsel after a judge rejected Trump’s claims of executive privilege.

    The special counsel’s criminal investigation into January 6 and Trump’s mishandling of classified documents appear to be barreling toward a conclusion. There’s been a flurry of grand jury activity, as anticipation builds for any sign that Meadows is cooperating.

    It is unclear whether Meadows has responded to the special counsel’s requests or appeared in front of that grand jury in Washington. In front of the grand jury in Georgia, Meadows declined to answer questions, one of the grand jurors revealed in February.

    While Meadows has faded from the public spotlight, interviews with more than a dozen Republican lawmakers and aides, Trump allies and political activists in Meadows’ home state of North Carolina show how he has quietly worked to shape conservative policy and wield influence with MAGA-aligned lawmakers — even as his relationship with Trump remains fraught.

    Meadows has maintained a lucrative perch in the conservative world as a senior partner at the Conservative Partnership Institute, the pro-Trump think tank that pays him more than $500,000 and has seen its revenues soar to $45 million since Meadows joined in 2021, according to the group’s tax filings.

    Rep. Jim Jordan, one of Meadows’ closest confidants when they served in Congress together, said he still considers Meadows one of his “best friends” and talks to him “at least” once a week. But when it comes to legal matters, Jordan said: “We make a point not to talk about that.”

    A spokesman for Meadows declined to make him available for an interview and declined comment for this story.

    A source close to Trump’s legal team said Trump’s lawyers have had no contact with Meadows and his team and are in the dark on what Meadows is doing in the investigation, fueling speculation about whether Meadows is cooperating with the special counsel’s probe – or if Meadows himself is a target of the investigation.

    The silence from Meadows has irked lawyers representing other defendants aligned with Trump who have been more open, according to several sources familiar with the Trump-aligned legal teams. In particular, they point to a $900,000 payment Trump’s Save America political action committee paid to the firm representing Meadows, McGuireWoods, at the end of last year.

    “We’ve all heard the same rumors,” one Trump adviser told CNN. “No one really knows what he’s doing though.”

    The Justice Department decided not to charge Meadows with a crime for refusing to testify before the House January 6 committee. In its final report last year, the January 6 House select committee said that Meadows appeared to be one of several participants in a criminal conspiracy as part of Trump’s attempt to delay and overturn the results of the 2020 election. The report paints Meadows as an integral part of that effort, as documented by the more than 2,000 text messages Meadows turned over to the committee before he stopped cooperating.

    Meadows was also the key point of contact for dozens of people trying to get through to the president as the attack was unfolding, and the special counsel’s investigation has been trying to comb over many of those interactions.

    A lawyer for Meadows declined to comment.

    Despite silence on the legal front, Meadows remains in touch with members of Trump’s inner circle on political matters. He was actively involved in securing Trump’s endorsement in 2021 for now-US Sen. Ted Budd ahead of what was a contentious Republican primary in North Carolina. While less-and-less frequently since Trump left office, Meadows has been known to attend fundraisers and events at the former president’s Mar-a-Lago estate in Palm Beach, Florida, where he also helped organize a donor retreat for CPI last year.

    “[Meadows] still checks in,” said the Trump adviser, who has spoken to the former chief of staff in recent months. The adviser stressed that Meadows had not indicated any desire to join the Trump campaign team. “He still wants to talk about the politics.”

    Allies say Meadows – who fashioned himself as a savvy political operator during his time in Congress and the White House – is motivated by a desire to help steer the direction of the country. But some people who worked closely with him are more skeptical, and think Meadows is driven by a desire for power.

    “He is all about getting information so he can be seen as important to donors, other members, the media,” said a senior GOP source close to Trump world, who used to work for a Freedom Caucus member. “People don’t trust him.”

    One source close to Meadows suggested that he has not expressed interest in running for office again, but could be open to a job in a future Trump administration – an idea a source close to the former president scoffed at, hinting that Meadows’ direct relationship with the former president had run its course.

    “I think he enjoys what he’s doing,” Jordan said of Meadows’ current gig. But the Ohio Republican added: “I’m sure he misses certain aspects of the job as well. You know how involved Mark was.”

    After leaving the White House in 2021, Meadows joined CPI, a “MAGA”-centric advocacy group headquartered just blocks from the Capitol that has become a clubhouse for conservative lawmakers, staffers and activists.

    Members of the Freedom Caucus hold their weekly meetings at CPI. During the speaker’s race, CPI was home to some consequential strategy sessions involving Meadows.

    Meadows shakes hands with attendees after a forum on House and GOP conference rules for the 118th Congress at FreedomWorks, a conservative and libertarian advocacy group, in Washington, D.C., on Monday, November 14, 2022.

    Sources who attended those meetings say Meadows pushed for concessions like the ability for a single lawmaker to force a vote on ousting the sitting speaker, which McCarthy ultimately agreed to after initially calling it a red line.

    Meadows also encouraged them to push for a committee on the “weaponization” of the federal government, which Jordan now helms as chair of the Judiciary Committee.

    Five months later, some of those same Republicans say they are once again turning to Meadows as they ramp up for a brawl over the debt limit. Meadows has been encouraging the far-right flank of the House caucus to stick together in insisting on spending cuts and other demands in exchange for lifting the nation’s borrowing limit.

    “You’re talking about one of the founding members of the Freedom Caucus,” Rep. Byron Donalds, a Florida Republican, said of Meadows.

    “He obviously wants it to continue to be successful. I think it has been. And so I think his role at CPI is to make sure that occurs,” Donalds said, adding that he had not personally spoken to Meadows about the debt limit debate.

    When Meadows is in town, he will occasionally pop into Freedom Caucus meetings at CPI or huddle with members of the group beforehand. Norman said Meadows also recently helped him with a fundraiser in North Carolina. And Meadows is also known to dial up members frequently to talk shop.

    “He called me today and he said that he wanted me to convey to Alexandria Ocasio-Cortez that he really appreciated her working with me and others on the stock bill,” Rep. Matt Gaetz, a staunch Trump ally, said earlier this month of legislation to restrict lawmakers from trading stocks.

    Aside from outreach to lawmakers, Meadows and CPI have also helped congressional offices find and train conservative staffers, particularly when it comes to conducting oversight, multiple sources familiar with the group’s work told CNN. That issue has been a top priority for the right now that Republicans are in the majority, and it’s also an area of expertise for Meadows, who was previously the top Republican on the House Oversight Committee.

    “Mark’s in the middle of all that,” Jordan said.

    Meadows has helped usher in a groundswell of fundraising for CPI over the past two years and has been personally involved in a lot of the organizing fundraisers and courting donors, according to sources familiar with the matter.

    According to the non-profit’s tax filings, CPI’s revenues jumped from $7 million in 2020 to more than $45 million in 2021, the year Meadows was brought in as a senior partner to help run the organization with former Republican Sen. Jim DeMint, who founded CPI in 2017. DeMint was previously ousted from the Heritage Foundation amid tensions with the board.

    Among the donations to CPI: $1 million from Trump’s Save America PAC in 2021.

    Sources familiar with CPI described Meadows as the working head of the advocacy group, which has spent millions of dollars purchasing several buildings just steps from the Capitol over the past two years. The goal, sources say, is to create a community for Trump-aligned “MAGA” conservatives.

    “[CPI] wants Trump conservatives to have a home in Washington,” one source familiar with the organization said, adding that the buildings would be used for a variety of purposes, including for retreats and staff trainings. “Establishment Democrats and the Mitch McConnells have that and it keeps them here. [CPI] wants to keep [Trump Republicans] here.”

    The buildings, purchased under limited liability corporations affiliated with CPI, are just down the street from the group’s current headquarters, blocks from the Capitol. Among the new real estate acquisitions, which were first reported by Grid News, are two storefronts on Pennsylvania Avenue surrounding a Heritage Foundation office, including the space of the old Capitol Lounge bar popular with congressional staffers of both parties.

    There’s even a television studio at CPI so members can do cable TV interviews from the space – Jordan recently did an interview with Fox News from the studio, where he talked about Republican-led investigations into the Biden administration.

    “There’s a real demand for what (CPI) provides to members. A lot of members like to go over there. I just wish I could get over there more,” said Donalds.

    CPI did not respond to requests for comment.

    Yet even as Meadows maintains close connections in Washington through his perch at CPI, the same can’t be said when it comes to the congressional district he once represented.

    Meadows greets supporters in front of senior aide Cassidy Hutchinson during a presidential campaign rally for President Trump in Pennsylvania, on October 31, 2020.

    In North Carolina’s 11th district, conservative political activists say the once-beloved local congressman has lost his luster and made enemies after he waded into both the primary to replace him and the contentious 2022 Republican Senate primary, where Budd defeated former North Carolina Rep. Mark Walker.

    “I used to joke it was Jesus and then Mark Meadows in the 11th. He was just a couple rungs below Jesus in western North Carolina. He would arrive and it was like Elvis,” said one Republican activist, who requested anonymity to speak candidly about the political environment there. “Now I think he’s just kind of a non-factor if you were to talk to anyone in western North Carolina.”

    Meadows has also decamped from his former congressional district to a home in South Carolina, where he splits his time along with his work in Washington, DC, according to sources.

    After the 2020 election, Meadows got into hot water over his voter registration in North Carolina. The state investigated Meadows over registering to vote at a mobile home in Macon County where he had allegedly never lived or even visited, though the state’s Justice Department said in December there wasn’t sufficient evidence to pursue charges.

    Meadows is now registered to vote in South Carolina, a county election official confirmed to CNN.

    “He disconnected his 828 (area code) number,” the activist said. “Lots of us who had Mark Meadows on speed dial, that was just cut off, boom.”

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  • ‘Peril to our democracy’: Chilling lines from the judge who sentenced the Oath Keepers’ leader | CNN Politics

    ‘Peril to our democracy’: Chilling lines from the judge who sentenced the Oath Keepers’ leader | CNN Politics

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    CNN
     — 

    Judge Amit Mehta on Thursday handed down an 18-year prison sentence for the leader of the Oath Keepers, Stewart Rhodes, for his efforts to overturn the 2020 election that ended with the violent attack on the US Capitol on January 6, 2021.

    Before announcing the sentence, however, Mehta, a nominee of former President Barack Obama, delivered a chilling address to Rhodes about the impact of his seditious conspiracy crimes on American democracy.

    The federal judges in Washington, DC, who work just blocks from the US Capitol, have served as a conscience of democracy since January 6. They have rejected defenses that downplay the seriousness of the Capitol attack, spoken out about future dangers to the peaceful transfer of power and – while they have criticized former President Donald Trump – reminded defendants they are responsible for their actions.

    Here are some of the powerful lines from the judge on Thursday:

    “I dare say, Mr. Rhodes – and I never have said this to anyone I have sentenced – you pose an ongoing threat and peril to our democracy and the fabric of this country,” Mehta said.

    “I dare say we all now hold our collective breaths when an election is approaching. Will we have another January 6 again? That remains to be seen.”

    The judge, refuting claims Rhodes made during a 20-minute rant earlier in the day, added: “You are not a political prisoner, Mr. Rhodes. That is not why you are here. It is not because of your beliefs. It is not because Joe Biden is the president right now.”

    The sentence is the first handed down in over a decade for seditious conspiracy and Mehta said he wanted to explain the offense to the public. He did not mince words.

    “A seditious conspiracy, when you take those two concepts and put it together, is among the most serious crimes an American can commit. It is an offense against the government to use force. It is an offense against the people of our country,” the judge said.

    “It is a series of acts in which you and others committed to use force, including potentially with weapons, against the government of the United States as it transitioned from one president to another. And what was the motive? You didn’t like the new guy.”

    “Let me be clear about one thing to you, Mr. Rhodes, and anybody who else that is listening. In this country we don’t paint with a broad brush, and shame on you if you do. Just because somebody supports the former president, it doesn’t mean they are a White supremacist, a White nationalist. It just means they voted for the other guy.”

    “What we absolutely cannot have is a group of citizens who – because they did not like the outcome of an election, who did not believe the law was followed as it should be – foment revolution.”

    Mehta echoed these warnings later Thursday, when addressing a second Oath Keepers defendant, Kelly Meggs.

    “You don’t take to the streets with rifles,” he said. “You don’t hope that the president invokes the insurrection act so you can start a war in the streets… You don’t rush into the US Capitol with the hope to stop the electoral vote count.”

    “It is astonishing to me how average Americans somehow transformed into criminals in the weeks before and on January 6,” the judge said.

    Mehta said Rhodes, 58, has expressed no remorse and continues to be a threat.

    “It would be one thing, Mr. Rhodes, if after January 6 you had looked at what happened that day and said … that was not a good day for our democracy. But you celebrated it, you thought it was a good thing,” the judge said.

    “Even as you have been incarcerated you have continued to allude to violence as an acceptable means to address grievances.”

    “Nothing has changed, Mr. Rhodes, nothing has changed. And the reality is as you sit here today and as we heard you speak, the moment you are released you will be prepared to take up arms against our government. And not because you are a political prisoner, not because of the 2020 election, because you think this is a valid way to address grievances.”

    “American democracy doesn’t work, Mr. Rhodes, if when you think the Constitution has not been complied with it puts you in a bad place, because from what I’m hearing, when you think you are in a bad place, the rest of us are too. We are all the objects of your plans to – and your willingness to – engage in violence.”

    Mehta granted a Justice Department request to enhance the potential sentence against Rhodes, ruling that his actions amounted to domestic terrorism.

    “He was the one giving the orders,” Mehta said. “He was the one organizing the teams that day. He was the reason they were in fact in Washington, DC. Oath Keepers wouldn’t have been there but for Stewart Rhodes, I don’t think anyone contends otherwise. He was the one who gave the order to go, and they went.”

    During the sentencing hearing of Meggs, who was also convicted of seditious conspiracy, the judge again pegged Rhodes as the ringleader.

    “It is in part because of Mr. Rhodes, frankly, that Mr. Meggs is sitting here today.”

    On Wednesday, several police officers and congressional staffers who were at the Capitol on January 6 testified about their experiences, injuries and the aftermath. Mehta said their bravery and actions are also an important legacy of the attack, as officers put their bodies on the line.

    “The other enduring legacy is what we saw yesterday,” the judge said. “It is the heroism of police officers and those working in Congress … to protect democracy as we know it. That is what they are doing.”

    Before he was sentenced, Rhodes addressed the court for 20 minutes about the charges against him, repeating falsehoods about 2020 election fraud, claiming he was a political prisoner and expressing his desire to continue fighting.

    “It’s not simply a conspiracy theory or a false narrative about fraud. It’s about the Constitution,” Rhodes said, later shouting: “I am not able to drop that under my oath. I am not able to ignore the Constitution.”

    The judge had none of that, and compared Rhodes’ comments to the heroism of police officers and others protecting the Capitol: “We want to talk about keeping oaths? There is nobody more emblematic of keeping their oaths, Mr. Rhodes.”

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  • Elon Musk is the gift that keeps on giving to Mark Zuckerberg | CNN Business

    Elon Musk is the gift that keeps on giving to Mark Zuckerberg | CNN Business

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    New York
    CNN
     — 

    At the start of last year, Meta CEO Mark Zuckerberg was in the hot seat.

    Revelations from hundreds of internal company documents, known as the Facebook Papers, had drawn sharp criticism from lawmakers, users and civil society groups in late 2021 and forced company executives to appear before Congress. Zuckerberg’s plan to rebrand Facebook as Meta and pivot to the so-called metaverse was met with broad skepticism. And the company’s core ad business was under significant pressure from privacy changes made by Apple.

    But then, the attention of lawmakers, media and the tech world writ large abruptly shifted to another tech billionaire: Elon Musk.

    Musk early last year criticized Twitter, then nearly joined its board, then agreed to buy the company before launching a monthslong and ultimately unsuccessful fight to get out of the deal. The saga, which only continued after Musk completed the deal and pushed through numerous controversial changes, often dominated news cycles. In the process, it seemed to make Twitter’s rivals look better managed and draw away critical attention that might otherwise have been focused on other tech giants, including Meta, as they went through painful layoffs and suffered declines on Wall Street.

    This week, however, Zuckerberg notched his biggest win from Musk yet. After years of trying and failing to capture Twitter’s audience with copycat features, Zuckerberg is now capitalizing on Twitter’s struggles with a new app called Threads. Meta’s Twitter clone launched this week to unprecedented success, despite Meta’s history of privacy violations and enabling election meddling, not to mention longstanding concerns that the company and Zuckerberg wield too much power over the social media market.

    The app’s overnight success was a direct result of the chaos under Musk’s leadership of Twitter since last October. During that time, he has managed to anger many of the platform’s users and advertisers with his erratic statements, mass layoffs and significant changes to Twitter’s policies. While Twitter users have lamented what Musk’s ownership has meant for the platform, it may be the best thing that could have happened for Zuckerberg.

    “Musk has done one thing after another to piss off his own user base,” said Herbert Hovenkamp, a professor at the University of Pennsylvania’s Carey Law School.

    Some early Threads users even commented on the strange nature of the situation — that they would be eager to join a social network run by one billionaire whose company has faced intense public criticism simply because they were so eager to get away from another.

    “It boggles the mind,” one user posted to Threads. “I boycotted Facebook years ago and when I heard about this I joined immediately.”

    “Never used [Facebook] nor [Instagram],” another user said, adding that they had to join Instagram for the first time to gain access to Threads. “Last thing I would have EVER expected was to use any platform of Zuckerberg’s.”

    And yet, by Friday, Zuckerberg said Threads had reached 70 million user signups — amassing a user base nearly a third of the size of Twitter’s in fewer than two days for a platform that could eventually help knock out one of Facebook’s chief rivals and give a boost to Meta’s struggling ad business.

    If Musk is a boon to Zuckerberg’s fortunes, he’s an unlikely one. Zuckerberg and Musk have often been at odds over the years.

    In 2018, in the wake of Facebook’s Cambridge Analytica scandal, Musk said he had deleted the Facebook pages for his companies Tesla and SpaceX because the platform “gives me the willies.” And later that year, he also deleted his Instagram account.

    More recently, Musk has claimed that Instagram “makes people depressed” and appeared to imply that Meta was complicit in the January 6, 2021, attack on the US Capitol.

    Zuckerberg has also thrown jabs at Musk, including after a SpaceX explosion accidentally blew up a satellite that was being used by Facebook, and in a critique of his stance on artificial intelligence during a 2017 Facebook Live broadcast.

    But earlier this year, Zuckerberg also complimented Musk’s leadership of Twitter. In a podcast interview last month, Zuckerberg said that “Elon led a push early on to make Twitter a lot leaner … I think that those were generally good changes.”

    In some ways, Musk’s moves at Twitter may have given Zuckerberg and Meta — as well as other tech companies — cover to take similar actions without as much criticism. Meta announced it would eliminate more than 20,000 employees over two rounds of layoffs, marking the largest cuts in its history. But Meta came off looking responsible compared to Twitter’s mass layoffs by handling the cuts professionally and providing more robust severance.

    After Musk restored the account of former President Donald Trump following a two-year suspension that began after the January 6 attack, Twitter faced criticism from civil society civic? groups who called on advertisers to boycott the platform. But Meta, along with YouTube, followed suit several months later (although those platforms cited their own risk analyses, rather than Musk’s leadership, in explaining their decisions).

    The distraction and chaos of Musk’s Twitter takeover could hardly have come at a better time for Zuckerberg and Meta.

    The social media giant’s business had a brutal year — posting its first-ever quarterly revenue decline as a public company during the June quarter, and then again in each of the two remaining quarters of the year, as it struggled with a weak online advertising market while pouring billions into its plan for the metaverse. The company lost more than $600 billion in market value during 2022.

    Now, the launch of Threads marks a huge new opportunity for Meta and Zuckerberg. Threads could be a way of getting social media users to spend even more time on Meta’s apps, especially as Facebook increasingly struggles with the perception of being a has-been platform that’s less attractive to younger users.

    Zuckerberg said on Wednesday that he hopes to eventually have more than one billion users on Threads, far more than the 238 million active users on Twitter prior to Musk’s takeover.

    Although there are no ads on the platform yet, Threads could also ultimately supplement Meta’s core advertising business. Instagram head Adam Mosseri, who oversaw the Threads launch, told The Verge in an interview about the new platform this week that, “if we make something that lots of people love and keep using, we will, I’m sure, monetize it” through advertising.

    For Musk, losing Twitter users, or having its future growth hamstrung, thanks to Threads, could mean further harm to the $44 billion investment he made to buy the social media platform — and, perhaps more importantly, to his reputation as a genius with a knack for turning around troubled companies.

    Musk appears to be trying to push back against Zuckerberg’s turn of fortune. On Wednesday, a lawyer for Musk sent a letter to Meta threatening to sue the company over the rival app, accusing it of trade secret theft through the hiring of former Twitter employees. (Meta denied the charge.)

    The Twitter-Threads battle has raised the stakes for another fight: a cage fight that Musk and Zuckerberg have spent the past several weeks planning. Zuckerberg, a regular practitioner of Brazilian jiu jitsu, appears to have the upper hand.

    But whether or not the fight ends up going forward, Zuckerberg seems to have already won.

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  • Federal appeals court upholds Justice Department’s use of key obstruction law in January 6 cases | CNN Politics

    Federal appeals court upholds Justice Department’s use of key obstruction law in January 6 cases | CNN Politics

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    Washington
    CNN
     — 

    The federal appeals court in Washington, DC, has upheld the Justice Department’s use of a key criminal charge against hundreds of January 6 rioters, saying they can be charged with obstructing Congress.

    The appeals court said obstruction can include a “wide range of conduct” when a defendant has a corrupt intent and is targeting an official proceeding, such as the congressional certification of the presidential election on January 6, 2021.

    The major ruling affects more than 300 criminal cases brought in the wake of the Capitol riot. The Justice Department has used the charge – obstructing on official proceeding – as the cornerstone of many of the more serious Capitol riot cases, where defendants were outspoken about their desire to stop Congress’ certification of President Joe Biden’s Electoral College win or were instrumental in the physical breach of the Capitol building.

    In the cases that prompted the appeal, the defendants had allegedly assaulted law enforcement at the Capitol, which overwhelmed the protection around members of Congress in the building and caused the Electoral College certification to stop for hours.

    The statute makes it a felony to alter, destroy or mutilate a record, document or other object with the intent of making it unavailable in an official proceeding, or to “otherwise” obstruct, influence, or impede any official proceeding.

    The ruling has been hotly anticipated in the January 6 investigation, and a loss for the Justice Department would have imperiled hundreds of cases against individual rioters.

    But the three judges on the panel weren’t united in their interpretation of the law, with each writing separately about how the obstruction statute should be interpreted.

    “The broad interpretation of the statute – encompassing all forms of obstructive acts – is unambiguous and natural,” Judge Florence Pan of the US Court of Appeals for the District of Columbia Circuit wrote Friday in the 2-1 majority opinion.

    The holding from Pan also lays out how prosecutors may use the obstruction charge, which carries a 20-year maximum prison sentence, when weighing defendants’ actions on January 6.

    The circuit court’s opinion – which is now binding precedent in DC federal courts, unless additional appeals change the ruling – could potentially be used against future defendants in January 6-related cases, including ones being looked at by special counsel Jack Smith’s office, which is investigating former President Donald Trump and his allies.

    Yet their opinions on Friday left unsettled a key question on how the Justice Department could use the charge against others with potentially less clear corrupt actions.

    Pan’s majority opinion didn’t decide how the courts should define corrupt action taken by rioters – potentially putting limits around how the Justice Department could use the charge in the future.

    Pan and Walker split on whether the definition of “corruptly” would mean that prosecutors would have to prove a defendants’ actions were to benefit themselves or others people, if they charge obstruction related to January 6.

    That question could arise again in future appeals, and the judges weren’t clear which interpretation may be the controlling law now in DC.

    “Because the task of defining ‘corruptly’ is not before us and I am satisfied that the government has alleged conduct by appellees sufficient to meet that element, I leave the exact contours of ‘corrupt’ intent for another day,” Pan wrote. She noted that the rioter cases that prompted the appeal left no room for disputing corrupt intent, seeing as the defendants were alleged to have assaulted police.

    In his concurring opinion, Circuit Court Judge Justin Walker took a narrower approach to the obstruction law, finding that it requires a defendant to act “with an intent to procure an unlawful benefit either for himself or for some other person.”

    Even so, Walker found that the obstruction law that the DOJ has charged rioters with applies in this case.

    “True, the Defendants were allegedly trying to secure the presidency for Donald Trump, not for themselves or their close associates,” Walker wrote. “But the beneficiary of an unlawful benefit need not be the defendant or his friends. Few would doubt that a defendant could be convicted of corruptly bribing a presidential elector if he paid the elector to cast a vote in favor of a preferred candidate – even if the defendant had never met the candidate and was not associated with him.”

    DC Circuit Judge Greg Katsas disagreed with his colleagues in the 2-1 decision. Katsas sided with a lower-court judge, who had thrown out obstruction charges against some January 6 rioters because the actions during the insurrection didn’t deal specifically with the mutilation of documents or evidence in an official proceeding.

    Katsas argued that his colleagues’ interpretation of the obstruction law was too broad and would allow for aggressive criminal prosecutions any time a protester knew they may be breaking the law. He contended that the law requires that a defendant was trying to “seek an unlawful financial, professional, or exculpatory advantage” while the January 6 cases in question involve “the much more diffuse, intangible benefit of having a preferred candidate remain President.”

    Walker, however, wrote in his opinion that that law applied even under Katsas’ reading.

    “The dissenting opinion says a defendant can act ‘corruptly’ only if the benefit he intends to procure is a ‘financial, professional, or exculpatory advantage.’ I am not so sure,” Walker wrote. “Besides, this case may involve a professional benefit. The Defendants’ conduct may have been an attempt to help Donald Trump unlawfully secure a professional advantage – the presidency.”

    This story has been updated with additional information.

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  • Jessica Watkins: Oath Keepers member and Army veteran sentenced to 8.5 years in prison for January 6 | CNN Politics

    Jessica Watkins: Oath Keepers member and Army veteran sentenced to 8.5 years in prison for January 6 | CNN Politics

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    CNN
     — 

    Jessica Watkins, an Army veteran and member of the far-right Oath Keepers, was sentenced Friday to 8.5 years in prison for participating in a plot to disrupt the certification of the 2020 presidential election culminating in the January 6, 2021, attack on the US Capitol.

    Judge Amit Mehta said Watkins’ efforts at the Capitol were “aggressive” and said she did not have immediate remorse, even though she has since apologized.

    “Your role that day was more aggressive, more assaultive, more purposeful than perhaps others’. And you led others to fulfill your purposes,” Mehta said. “And there was not in the immediate aftermath any sense of shame or contrition, just the opposite. Your comments were celebratory and lacked a real sense of the gravity of that day and your role in it.”

    At trial, prosecutors showed evidence that Watkins founded and led a small militia in Ohio and mobilized her group in coordination with the Oath Keepers to Washington, DC, on January 6. Watkins and her counterparts ultimately marched in tactical gear to the Capitol and encouraged other rioters to push past police outside the Senate chamber.

    “I was just another idiot running around the hallway,” Watkins told the court before the sentence was handed down Friday. “But idiots are responsible, and today you are going to hold this idiot responsible.”

    Two of Watkins’ codefendants, Stewart Rhodes and Kelly Meggs, were sentenced Thursday to 18 and 12 years in prison, respectively, for seditious conspiracy.

    Unlike Rhodes and Meggs, Watkins was acquitted of the top charge of seditious conspiracy, but convicted of conspiracy to obstruct an official proceeding – which carries the same 20-year maximum prison sentence as seditious conspiracy – as well as other felony charges.

    “Nobody would suggest you are Stewart Rhodes, and I don’t think you are Kelly Meggs,” Mehta told Watkins on Friday. “But your role in those events is more than that of just a foot soldier. I think you can appreciate that.”

    Watkins, who is transgender, gave emotional testimony during the trial about struggling with her identity in the Army while the “don’t ask, don’t tell” policy was still in effect, and about being dragged into the underbelly of conspiracy theories around the 2020 presidential election.

    She tearfully reiterated to the judge on Friday that she was “very fearful and paranoid” at that time, and that while “for a long time I was in denial of my own culpability,” she now “can see my actions for what they were – they were wrong and I am sorry.”

    “I understand now that my presence in and around the Capitol that day probably inspired those individuals to a degree,” Watkins said. “They saw us there and that probably fired them up. Oath Keepers are here, and they were patting us on the back.”

    She continued: “How many people went in because of us? We’re responsible for that.”

    Prosecutor Alexandra Hughes disagreed, telling Mehta that Watkins was not remorseful.

    Hughes quoted a January phone call from jail, in which Watkins allegedly said of officers at the Capitol “boo hoo the poor little police officers, got a little PTSD, waaaa, I had to stand there and hold a door open for people waaaaaa.”

    “It is perhaps an unsurprising fact of human nature that those who are subjected to injustice occasionally bring injustice on others,” Hughes said. “We do not dispute what she has been through, but what she did on that day has deep and devastating – devastating – effects on individuals who showed up to work that day and never did anything to Jessica Watkins.”

    Before handing down the sentence, Mehta addressed Watkins’ traumatic history directly, saying that “I think you would not have a human … who heard your testimony and would not have been moved.”

    “Your story itself shows a great deal of courage and resilience,” Mehta said. “You have overcome a lot, and you are to be held out as someone who can actually be a role model for other people in that journey. And I say that at a time when people who are trans in our country are so often vilified and used for political purposes.”

    The judge added: “It makes it all the more hard for me to understand the lack of empathy for those who suffered that day.”

    Surveillance footage shows Kenneth Harrelson in the hallway of the Comfort Inn in Arlington, Virginia, on January 7, 2021.

    Kenneth Harrelson, an Oath Keeper from Florida who chanted “treason” inside the Capitol on January 6, was also sentenced Friday to four years in prison for his role in the sprawling conspiracy.

    Prosecutors alleged that Harrelson was appointed the “ground team leader” of the Oath Keepers on January 6, stockpiled weapons at a so-called quick reaction force just outside Washington, DC, and moved through the Capitol chanting “treason.”

    In an address to the judge before he was sentenced, Harrelson said that he has “no gripes against the government, then or now” and merely “got in the wrong car at the wrong time and went to the wrong place with the wrong people.”

    “I didn’t have a clue,” Harrelson said. “It’s not to say I didn’t have signs or warnings that I should have paid attention to, but it just didn’t register.”

    He continued, at times sobbing and supporting his body with a lectern inside the well of the court: “I don’t know why. I have destroyed my life and I am fully responsible.”

    This story has been updated with additional developments.

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  • Pence says he’s ‘not yet convinced’ Trump’s actions on January 6 were criminal | CNN Politics

    Pence says he’s ‘not yet convinced’ Trump’s actions on January 6 were criminal | CNN Politics

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    CNN
     — 

    Former Vice President Mike Pence said he’s “not yet convinced” that Donald Trump’s actions on January 6, 2021, were criminal, as the former president faces a potential indictment over his actions that day.

    “I really do hope it doesn’t come to that,” Pence told CNN’s Dana Bash in an interview that aired Sunday on “State of the Union.”

    “In one town hall after another, across New Hampshire, I heard a deep concern … about the unequal treatment of the law, and I think one more indictment against the former president will only contribute to that sense among the American people,” Pence said. “I would rather that these issues and the judgment about his conduct on January 6 be left to the American people in the upcoming primaries, and I’ll leave it at that.”

    Pence, who bucked pressure from Trump when he certified the results of the 2020 election, said Trump’s actions on January 6 were reckless but added he believed history would hold Trump accountable.

    Bash asked Pence about a recent radio interview in which Trump spoke of his “passionate” supporters and how they could react to his potential imprisonment, saying, “I think it’s a very dangerous thing to even talk about.”

    He told Bash that the rhetoric from Trump “doesn’t worry me, because I have more confidence in the American people.”

    “I would say not just the majority, but virtually everyone in our movement are the kind of Americans who love this country, who are patriotic, who are law-and-order people, who would never have done anything like that there or anywhere else,” he said.

    Reminded by Bash that Pence was the subject of calls for his hanging during the Capitol riot, the former vice president maintained his stance.

    “The people who rallied behind our cause in 2016 and 2020 are the most God-fearing, law-abiding, patriotic people in this country,” he said.

    Pivoting from Trump and to argue that people are concerned about “unequal treatment under the law,” Pence pointed to whistleblowers who claimed the IRS recommended charging President Joe Biden’s son Hunter Biden with far more serious crimes than what he agreed to plead guilty to and alleged political interference in the investigation. Pence vowed to “clean house” among the Department of Justice’s top ranks if he’s elected president.

    Pressed on whether he thinks his former boss should be indicted if the DOJ has evidence that he committed a crime, Pence said, “Let me be very clear: President Trump was wrong on that day. And he’s still wrong in asserting that I had the right to overturn the election.”

    “But … criminal charges have everything to do with intent, what the president’s state of mind was. And I don’t honestly know what his intention was that day,” the former vice president said.

    This story has been updated with additional reaction.

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  • Chris Sununu will decide on 2024 presidential bid ‘in the next week or two’ | CNN Politics

    Chris Sununu will decide on 2024 presidential bid ‘in the next week or two’ | CNN Politics

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    CNN
     — 

    New Hampshire Gov. Chris Sununu said Sunday he will decide “in the next week or two” if he wants to mount a bid for the 2024 Republican presidential nomination and enter an already crowded field of candidates.

    “When I start doing something, I’m 120% in,” the governor said on CNN’s “State of the Union” in an interview with Jake Tapper. “Pretty soon, we’ll make a decision, probably in the next week or two. And we’ll either be go or no-go,” he added.

    Sununu’s remarks come as the list of 2024 GOP hopefuls continues to expand, with Florida Gov. Ron DeSantis and South Carolina Sen. Tim Scott entering the race last week.

    Currently in his fourth term, the New Hampshire governor said figuring out where he could be most effective would factor into his 2024 decision.

    “I still have a 24/7 job,” he said. “The money has been lined up. The support’s been lined up. There’s a pathway to win. All that – those boxes are checked. The family’s on board, which is always a big one. I just got to make sure it’s right for the party and right for me,” he said.

    Sununu also said he wanted to ensure he wasn’t more useful outside the presidential race as he looks to steer the Republican Party away from the chaos of its current primary front-runner, former President Donald Trump.

    “Making sure that when it comes to where I want to see the party go … that maybe I talk a little differently, I talk with a different approach. I want more candidates to be empowered. Can I do that more effectively as a candidate? Can I do that more effectively as someone who’s kind of traveling the country, maybe speaking a little more freely?” Sununu said.

    “I just want what’s best for the party,” he continued. “It doesn’t have to be the Chris Sununu show all the time.”

    With Trump leading in current GOP primary polling, Sununu said the former president was playing the “victim card.”

    “Former President Trump is doing better than anybody thought. He is playing this victim card. The media, the DA in New York, all these things have kind of worked in his favor very much,” the governor said. “Just the fact that we are talking about Donald Trump as a victim, I mean, that is unique in itself. But that is not lasting, necessarily. That does not mean the support he has today turns into a vote nine months from now.”

    Sununu avoided harsh criticism of his other potential rivals, calling DeSantis a “very good governor” and praising him for embarking upon a retail politics tour of New Hampshire. The two met for an hour earlier this month when the Florida governor visited the Granite State to meet with state legislators.

    But Sununu suggested Sunday that DeSantis’ focus on cultural fights back in Florida avoided more important issues, such as government efficiency.

    “I’m not saying we shouldn’t talk about the culture war stuff, don’t get me wrong,” he said. “I just don’t believe government is going to solve a culture war.”

    DeSantis’ recent pledge to consider pardoning some participants in the January 6, 2021, attack on the US Capitol was not “disqualifying” for a presidential candidate, Sununu said, even if it’s not something he would do himself.

    Meanwhile, Sununu said the agreement in principle struck by the White House and Republican negotiators on raising the debt ceiling was likely a win since some members of both parties are now balking at the deal.

    “It is a miracle, I mean release the doves,” the governor said. “Washington is actually moving forward. Both sides seem pretty frustrated, which means it’s probably a pretty good deal, actually.”

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  • Twitter’s own lawyers refute Elon Musk’s claim that the ‘Twitter Files’ exposed US government censorship | CNN Business

    Twitter’s own lawyers refute Elon Musk’s claim that the ‘Twitter Files’ exposed US government censorship | CNN Business

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    CNN
     — 

    For months, Twitter owner Elon Musk and his allies have amplified baseless claims that the US government illegally coerced Twitter into censoring a 2020 New York Post article about Hunter Biden. The foundation for those claims rests on the so-called “Twitter Files,” a series of reports by a set of handpicked journalists who, at Musk’s discretion, were given selective access to historical company archives.

    Now, though, Twitter’s own lawyers are disputing those claims in a case involving former President Donald Trump — forcefully rejecting any suggestion that the Twitter Files show what Musk and many Republicans assert they contain.

    In a court filing last week, Twitter’s attorneys contested one of the most central allegations to emerge from the Twitter Files: that regular communications between the FBI and Twitter ahead of the 2020 election amounted to government coercion to censor content or, worse, that Twitter had become an actual arm of the US government.

    In tweets last year, Musk alleged that the communications showed a clear breach of the US constitution.

    “If this isn’t a violation of the Constitution’s First Amendment, what is?” he said of a screenshot purportedly showing Joe Biden’s presidential campaign in 2020 asking Twitter to review several tweets it suggested were violations of the company’s terms. Some of the tweets in question included nonconsensual nude images that violated Twitter’s policies.

    In another push to promote misleading allegations of government malfeasance stemming from the Twitter Files, Musk also claimed that the “government paid Twitter millions of dollars to censor info from the public.”

    Legal experts have said the claim of a constitutional violation is weak because the First Amendment binds the government, not political campaigns, and Trump was president at the time, not Biden. The Twitter Files also show the Trump administration made its own requests for removal of Twitter content. And the payments to Twitter have also been identified as routine reimbursements for responding to subpoenas and investigations, not payments for content moderation decisions.

    “Nothing in the new materials shows any governmental actor compelling or even discussing any content-moderation action with respect to Trump” and others participating in the suit, Twitter argued.

    The communications unearthed as part of the Twitter Files do not show coercion, Twitter’s lawyers wrote, “because they do not contain a specific government demand to remove content—let alone one backed by the threat of government sanction.”

    “Instead,” the filing continued, the communications “show that the [FBI] issued general updates about their efforts to combat foreign interference in the 2020 election.”

    The evidence outlined by Twitter’s lawyers is consistent with public statements by former Twitter employees and the FBI, along with prior CNN analysis of the Twitter Files.

    Altogether, the filing by Musk’s own corporate lawyers represents a step-by-step refutation of some of the most explosive claims to come out of the Twitter Files and that in some cases have been promoted by Musk himself.

    Twitter did not immediately respond to a request for comment.

    Even as the filing undercuts Musk’s effort to portray the Twitter Files as a smoking gun, the filing may still work to his benefit because, if successful, it may save Twitter from a costly re-litigation of its handling of Trump’s account and others.

    The communications in question, some of which also came out in a deposition of an FBI agent in a separate case, were invoked last year as part of a bid to revive litigation over Twitter’s banning of Trump following the Jan. 6 attack on the US Capitol. The lawsuit had been dismissed last summer, after the federal judge overseeing the case said there was no evidence of a First Amendment violation.

    Musk’s release of company files has given lawyers for Trump and other plaintiffs in the case another shot. If the court decides the new evidence is enough to suspend the prior judgment, the lawyers for Trump and others said in May, then they might decide to file a fresh amended complaint.

    But Twitter argued last week that the judge should not allow the case to be reopened because nothing in the Twitter Files supports the already dismissed claim of federal coercion.

    Even the FBI’s flagging of specific problematic tweets were merely suggestions that they might violate Twitter’s terms of service, not a request that they be removed or an implication of retribution if Twitter failed to take the tweets down, Twitter’s lawyers said.

    Citing another case, Twitter wrote: “The FBI’s ‘flags’ cannot amount to coercion because there was ‘no intimation that Twitter would suffer adverse consequences if it refused.’”

    Twitter also objected to the claim, amplified by Musk, that Twitter was paid to censor conservative speech when it sought reimbursement for complying with government requests for user data.

    “The reimbursements were not for responding to requests to remove any accounts or content and thus are wholly irrelevant to Plaintiffs’ joint-action theory,” Twitter wrote.

    It added: “The new materials demonstrate only that Twitter exercised its statutory right—provided to all private actors—to seek reimbursement for time spent processing a government official’s legal requests for information under the Stored Communications Act. The payments therefore do not concern content moderation at all—let alone specific requests to take down content.”

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  • Former Director of National Intelligence John Ratcliffe testifies to grand jury in January 6 probe | CNN Politics

    Former Director of National Intelligence John Ratcliffe testifies to grand jury in January 6 probe | CNN Politics

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    CNN
     — 

    Former Director of National Intelligence John Ratcliffe testified before a federal grand jury Thursday in Washington, DC, as part of the special counsel’s criminal probe into the aftermath of the 2020 election.

    Former President Donald Trump had sought to block testimony from Ratcliffe and other top officials from his administration, but courts have rejected his executive privilege claims.

    The investigation led by special counsel Jack Smith has focused on January 6, 2021, and other efforts to overturn the presidential election.

    Ratcliffe is likely of interest to investigators because he personally told Trump and his allies that there was no evidence of foreign election interference or widespread fraud.

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  • Fox News’ defamation battle isn’t stopping Trump’s election lies | CNN Politics

    Fox News’ defamation battle isn’t stopping Trump’s election lies | CNN Politics

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    CNN
     — 

    The defamation clash between Fox News and a small election services firm, due to go to trial this week, represents the most significant moment yet in which those who disseminated former President Donald Trump’s false claims that the 2020 election was stolen must answer for conduct that is still poisoning American democracy.

    Dominion Voting Systems alleges the conservative network promulgated the ex-president’s conspiracy theories, including about its voting machines, to avoid alienating its viewers and for the good of its bottom line.

    The trial had been scheduled to open Monday but the judge announced Sunday evening it’d be delayed until Tuesday. The reason was not immediately clear. But The Wall Street Journal, which is owned by Fox Corporation Chairman Rupert Murdoch, reported that Fox had made a late push to settle the dispute out of court, citing people familiar with the matter.

    The drama expected to play out in a Delaware courtroom represents an extraordinary moment in modern American history because it could show how truth has been tarnished as a political currency and highlight a right-wing business model that depends on spinning an alternative reality. And yet, it remains unclear whether Trump – the primary author of the corrosive conspiracies that the 2020 election was fraudulent – will end up paying a significant personal or political price.

    The idea that Trump’s claims – echoed by his aides and allies on Fox and sometimes by the channel’s personalities – had any merit will not even make it to first base in the trial. In one remarkable development during pre-trial hearings, presiding Superior Court Judge Eric Davis ruled that jurors did not even need to decide one key issue: whether Fox’s claims about Dominion were true.

    “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” Davis wrote, in a ruling last month that significantly narrowed the network’s avenues to mount a defense.

    The epic case now turns on an attempt by Dominion to prove the legal standard for defamation that Fox must have known (or strongly suspected) it was lying about the issues at hand at the time and that it acted with “actual malice.”

    Though he vigorously denies breaking any laws, the former president appears to face the possibility of indictment in probes into his attempt to overturn President Joe Biden’s election victory by a district attorney in Georgia and by special counsel Jack Smith into his conduct in the lead-up to the US Capitol insurrection. And the many layers of Trump’s democracy-damaging behavior were catalogued in interviews and public testimony taken by a House select committee when Democrats controlled the chamber last year.

    But the falsehood of a corrupt election still forms the bedrock of Trump’s 2024 campaign to win back the White House. Millions of Trump’s supporters have bought into the idea that he was illegally ejected from office on the premise that he really won in 2020.

    It’s also questionable whether viewers of conservative media will hear much about the trial and get sufficient information that might convince them to change their minds about 2020.

    Trump’s insistence that the election was stained by fraud is giving some senior Republicans nightmares as they try to rebound from his loss in 2020 and work through their disappointment at the lack of a “red wave” in the last year’s midterms, despite winning the House.

    As Georgia GOP Gov. Brian Kemp put it on CNN’s “State of the Union” Sunday, the ex-president is forcing his party to keep looking in the rearview mirror and hampering its effort to look to the future.

    One core argument in court will likely be trying to show that Fox believed that telling the audience inconvenient truths was bad for business – a factor that drove right-wing media in 2020 and still holds true today. Proof of this can be seen in the way the Republican Party remains unwilling to anger its base voters two years on. While many top party leaders have signaled they want to move on from Trump, the only part of the GOP that has power in Washington – the House Republican majority – has made repeated efforts to shield Trump from accountability over the 2020 election and to distort what actually happened on January 6, 2021.

    But the court proceeding against Fox – like the constitutional process that assured a transfer of power between Trump and Biden, albeit one marred by violence – shows that the country’s instruments of accountability remain intact, despite Trump’s efforts.

    Fox News and its parent company, Fox Corporation, deny wrongdoing. They’ve argued that their conspiracy theory-filled broadcasts after the 2020 election were protected by the First Amendment and that a loss in the case would be a devastating blow to press freedoms.

    But the run-up to the trial has been a catalog of embarrassments and reversals for both the network and the broader premise that there is anything to Trump’s false claims.

    The judge, for instance, observed last week in pre-trial hearings that there were well established and accepted limits on First Amendment rights.

    “To go up there and say, ‘What Fox did was protected by the First Amendment,’ it’s half the story. It’s protected by the First Amendment if you can’t demonstrate actual malice,” he said.

    Texts and emails between Fox personalities and managers, and depositions released by Dominion, suggest that privately, some at the channel dismissed Trump’s claims but amplified them amid growing fears that telling the truth might force viewers to turn elsewhere.

    For example, Murdoch emailed Fox News CEO Suzanne Scott telling her that rival conservative network Newsmax needed to be “watched.” In another message, Fox anchor Tucker Carlson told his colleague Laura Ingraham, “Our viewers are good people and they believe [the election fraud claims].”

    Fox has accused Dominion of cherry picking damaging quotes and texts ahead of the trial. But the evidence that has emerged suggests that Fox’s desire to cater to the beliefs of its viewers, even with untrue information, is closely allied to Trump’s own approach and reflects the way in which the Republican Party has been loath to antagonize the ex-president’s supporters.

    From the opening hours of his presidency, Trump made clear he would create an alternative vision of reality that his supporters could embrace and that would help him subvert the rules and conventions of the presidency. The angry exhortations by Trump’s first press secretary, Sean Spicer, in January 2017 that his boss had attracted the biggest inauguration crowd in history seemed at the time bizarre and absurd. But in retrospect, they were the first sign of a daily effort to destroy truth for Trump’s political benefit, which eventually morphed into lies about a stolen election that convinced many of the ex-president’s supporters. The culmination of all this was the mob attack by his supporters on Congress on January 6, 2021, during the certification of Biden’s victory.

    The idea that the Fox defamation trial might actually play a role in purging lies about the 2020 election seems far-fetched because the power of his falsehoods has survived many previous collisions with the truth. Although multiple courts in multiple states threw out Trump’s cases alleging election fraud after the 2020 election, the idea that the election was stolen still undermined faith in American democracy among his supporters. Only 29% of Republicans in a CNN/SSRS poll published in July 2022 had confidence that US elections truly represent the will of the people.

    This is, perhaps, not surprising. Because when he was in office, Trump made no secret of his strategy, telling the world in a moment of candor how he operated.

    “Stick with us. Don’t believe the crap you see from these people, the fake news,” he said in a directive to his supporters at a Veterans of Foreign Wars convention in Kansas City in 2018. “What you’re seeing and what you’re reading is not what’s happening.”

    Five years on, Trump is still at it.

    “We won in 2016. We won by much more in 2020 but it was rigged,” Trump said in the first big rally of his campaign in Waco, Texas, at the end of March.

    The fact that Trump continues to spread such falsehoods – and that many in the Republican Party remain unwilling to challenge him – irks some party leaders who watched as Trump’s handpicked candidates, who touted his election lies as the price of his endorsement, flamed out in swing states in last year’s midterm elections.

    Georgia’s Kemp warned, for example, that constantly bringing up 2020 would create another political disaster for his party.

    “I think any candidate, to be able to win, is to talk about what we’re for, focus on the future, not look in the rearview mirror,” Kemp told CNN’s Jake Tapper on Sunday.

    “If you look in the rearview mirror too long while you’re driving, you’re going to look up, and you’re going to be running into somebody, and that’s not going to be good.”

    Yet the fact that Trump, according to many polls, remains the front-runner for the Republican nomination in 2024 and is still wildly popular with conservative grassroots voters suggests that it will take far more than a courtroom display to restore the truth about 2020.

    And the GOP will likely be looking in the rearview mirror for some time to come.

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  • The Tennessee expulsions reveal the core divide in US politics. Here’s why. | CNN Politics

    The Tennessee expulsions reveal the core divide in US politics. Here’s why. | CNN Politics

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    CNN
     — 

    Rarely have the tectonic plates of American politics collided as visibly and explosively as they did earlier this month in Tennessee.

    The procession of predominantly middle-aged or older White Republicans who rose almost two weeks ago in the Tennessee House of Representatives to castigate, and then expel, two young Black Democrats crystallized the overlapping generational and racial confrontation that underpins the competition between the political parties.

    The Republican vote to expel those Black Democratic representatives, Justin Pearson and Justin Jones, encapsulated in a single moment the struggle for control over America’s direction between the nation’s increasingly diverse younger generations and its mostly White older cohorts. While kids of color now comprise just over half of all Americans younger than 18, Whites still constitute about three-fourths of the nation’s seniors, according to Census data analyzed by William Frey, a demographer at Brookings Metro.

    That stark division – what Frey terms “the cultural generation gap” and I’ve called the competition between “the brown and the gray” – has become a central fault line in the nation’s politics. Particularly in the Donald Trump era, the Republican coalition has grown increasingly reliant on older Whites, while younger people of color are evolving into a critical component of the Democratic voting base.

    The priorities and values of these two giant cohorts often clash most explosively in red states across the South and Southwest, like Tennessee, where Republicans now control state government. In those states, Republicans are moving aggressively to lock into law the policy preferences of their older, predominantly White and largely non-urban and Christian electoral coalition. That agenda often collides directly with the views of younger generations on issues including abortion, LGBTQ rights, limits on classroom discussion of race, gender and sexual orientation, book bans, and gun control.

    Across the red states, the conditions are coalescing for years of escalating conflict between these divergent generations. From one direction, the Republicans controlling these states are applying increasingly hardball tactics to advance their policy agenda and entrench their electoral advantage. That strategy includes severe gerrymanders that dilute the influence of urban areas where younger voters often congregate, laws that create obstacles to registering and voting, and extreme legislative maneuvers such as the vote to expel Pearson and Jones. What Republicans in Tennessee and other red states “are trying to do is minimize the voices – minimize the sound, minimize the protest, and continue to oppress folks who do not agree,” says Antonio Arellano, vice president for communications at NextGen America, a group that organizes young people for liberal causes.

    From the other direction, the youngest Millennials and first representatives of Generation Z moving into elected office are throwing themselves more forcefully against these GOP fortifications – just as Jones and Pearson have done. These young, elected officials have been shaped by the past decade of heightened public protests, many of them led by young people, particularly around gun safety, climate change, and racial equity. And more of them are bringing that ethos of direct action into the political arena – as Jones and Pearson did by leading a gun control protest on the floor of the Tennessee legislature. “This generation of politicians have been socialized through the crucible of Black Lives Matter and the [Donald] Trump era and political polarization,” says Andra Gillespie, a political scientist at Emory University in Atlanta who studies race and politics. “So it’s not surprising that they are usually going to be confrontational.”

    In the red states, this rising wave of urgency and militancy among younger progressives is crashing headlong into the fortifications Republicans are erecting to solidify their control. Even with the ardor evident from Jones, Pearson and their supporters in Tennessee, most observers agree it will be very difficult any time soon for “the brown” to loosen the grip of “the gray” over political power in almost any of the red states. “In the short term there isn’t a risk” to the GOP’s hold on the red states, said Gillespie, “which is why you see these legislators flexing their power in the way they are.” And that could be a recipe for more tension in those places as the diverse younger generations constitute a growing share of the workforce and tax base, yet find their preferences systematically denied in the decisions of their state governments.

    Like many analysts, Melissa Deckman, chief executive officer of the non-partisan Public Religion Research Institute, predicts that “what we saw in Tennessee was the first salvo” of escalating conflict as older white conservatives, especially in the red states, resist the demands for greater influence from the emerging younger generations. “An overwhelmingly White conservative legislature taking this remarkable and drastic step of expelling the two young African-Americans,” she says, “is a taste of what we are going to see in the future driven by those demographic changes.”

    Those demographic changes are rooted in the generational transition rumbling through American life. Though the tipping point has drawn little attention, Frey has calculated that a majority of the nation’s population has now been born after 1980. And those younger generations are kaleidoscopically more diverse than their older counterparts.

    The change is most visible on race. Because the US essentially shut off immigration between 1924 and 1965, nearly three-fourths of baby boomers (born between 1946 and 1964) are White, as are more than three-fourths of the remaining seniors from the older generations before them, according to Frey’s figures. By contrast, Frey has calculated, people of color comprise well over two-fifths of Millennials (born between 1981 and 1996), just under half of Generation Z (born between 1997 and 2012) and slightly more than half the youngest generation born since 2012. That youngest generation (sometimes called Generation Alpha) will be the first in American history in which racial “minorities” constitute the majority.

    The transition extends to other dimensions of personal identity. The Public Religion Research Institute has calculated that while just 17% of Americans aged 65 or older and 20% of those aged 50-64 do not identify with any organized religion, the share of those “seculars” rises to 32% among those aged 30-49 and 38% among adults 18-29. In turn, while White Christians constitute about half of all adults aged 50-64 and three-fifths of seniors, they comprise only about one-third of those aged 30-49 and only one-fourth of the youngest adults.

    Gender identity and sexual orientation follow the same tracks. Gallup has found that while less than 3% of baby boomers and only 4% of Generation X (born 1965-1980) identify as LGBTQ, that figure jumps to nearly 11% among Millennials and fully 21% among Generation Z. In all these ways, says Deckman, who is writing a book on Gen Z, “you have a younger group of Americans who are more diverse, less religious, care passionately about the rights of marginalized groups, and are watching rights taken away that they thought would always be there.”

    Though the pace and intensity varies, these changes are affecting all corners of the country. Even in states where the GOP has consistently controlled most state offices such as Texas, Florida, Georgia, Arizona, and North Carolina, the share of adults younger than 45 who are unaffiliated with any religion now equals or exceeds the share who are White Christians, according to detailed results PRRI provided to CNN. By contrast, in those states’ over-45 population, White Christians are at least twice, and often three times, as large a share of the population as seculars.

    Frey has found that in every state the youth population 18 and younger is now more racially diverse than the senior population 65 and older. From 2010 to 2020, in fact, every state except Utah and North Dakota (as well as Washington, DC) saw a decline in their total population of White kids younger than 18. Kids of color now comprise a majority of the youth population in 14 states and at least 40% in another dozen, Frey has found.

    States on that list include many of the places where Republicans have been most forcefully imposing a staunchly conservative social agenda. Kids of color already represent about half or more of the youth population in Texas, Florida, Georgia, Oklahoma, Mississippi, South Carolina and Arizona and about two-fifths or more in several others, including Tennessee, Alabama and Arkansas. In many of those states the share of seniors who are White is at least 20 percentage points higher than the share of young people.

    A similarly large “cultural generation gap” is also evident in many blue states, including Nevada, California, Colorado, Washington and Minnesota. The difference is that in states where Democrats are in control, the diverse younger generations are, however imperfectly, included in the political coalition setting state policy. Political analysts in both parties – from Republican pollster Kristen Soltis Anderson to Democratic strategist Terrance Woodbury – point out that Democrats have their own problems with younger voters, who have never been enthusiastic about President Joe Biden, and are expressing disappointment that the party hasn’t made more progress on issues they care about. But in blue states the direction of policy on most key social issues, such as abortion, gun control and LGBTQ rights, aligns with the dominant views among younger generations. And in most blue states, Democrats have prioritized increasing youth turnout and, in many cases, reformed state election laws to ease registration and voting.

    But in the red states, younger voters, especially younger voters of color, are largely excluded from the ruling Republican coalitions, which revolve preponderantly around Whites, especially those who are older, Christian, non-college and non-urban. In 2022, for instance, 80% of younger non-white voters (aged 45 or less) voted against Republican Gov. Brian Kemp in Georgia, 65% voted against GOP Gov. Greg Abbott in Texas, and 55% opposed Gov. Ron DeSantis in Florida, according to exit poll results provided by Edison Research. Yet all three men won decisive reelections, in large part because each carried about seven-in-ten or more of Whites older than 45.

    In some ways, the generational tug of war between the brown and the gray symbolized by the Tennessee expulsions represents the classic collision between an irresistible force and an immovable object. In this case, the irresistible force is the growth in the electorate of the diverse younger generations. In 2020, for the first time, Millennials and Generation Z constituted as large a share of eligible voters nationwide as did the Baby Boom and its elders – though those older generations, because they turned out at much higher rates, still represented a larger percentage of actual voters. In 2024, Frey has projected, Millennials and Gen Z will comprise a significantly larger share of eligible voters than the boomers and their elders – enough that they will likely equal them as a share of actual voters. Already in several states, kids of color comprise a majority of those who turn 18 each year and become eligible to vote; Frey projects that will be true for the nation overall by 2024.

    The immovable object is the GOP control over the red states. That’s partly because of the changes in electoral rules Republicans have imposed that create obstacles to registration or voting, but also because of their dominance among older Whites and their inroads into culturally conservative Latino voters in some of these states, particularly Texas and Florida.

    Another challenge for Democrats is that youth turnout is often lowest in red states. Though youth turnout also lagged in some blue states including New York and Rhode Island, in an analysis released earlier this month the Center for Information & Research on Civic Learning and Engagement (CIRCLE) at Tufts University found that red states comprised all nine states where the smallest share of eligible adults aged 18-29 cast a ballot; Tennessee ranked the lowest of the states for which CIRCLE has data. Red states also have erected many of the most overt obstacles to youth participation. Eight Republican-controlled states, including Tennessee, Texas and recently Idaho, have sent a clearly discouraging signal to young voters by declaring that student IDs cannot be used as identification under state voter ID laws. A Texas Republican state legislator this year has proposed banning polling places on college campuses.

    Abby Kiesa, CIRCLE’s deputy director, says that in both blue and red states, laws and social customs act in reinforcing ways to either promote or discourage youth voting. “The infrastructure and the state laws” in states that encourage youth voting like Michigan, Oregon and Colorado “create a stronger culture of engagement,” she said. “Because more people are voting, it is more of a norm, people are talking about it more, and it becomes a self-fulfilling prophecy.” In states with pronounced barriers to voting, she notes, an opposite cycle of disengagement can take hold.

    The unlikelihood of overcoming the GOP’s red state electoral defenses in the near term will probably encourage more younger progressives to emphasize public protests, like the raucous rally for gun control that began the Tennessee confrontation, predicts Nse Ufot, who formerly led the New Georgia Project launched by Stacey Abrams.

    “The young people in Tennessee … went to their legislators and said enough, and they had accountable, accessible leaders who heard what their demands were and took it to their colleagues and their colleagues didn’t like it,” says Ufot, who has now founded the New South Super PAC, designed to elect progressive candidates in the 11 states of the old confederacy.

    Ufot uses a striking analogy to express her expectation of how this struggle will unfold in the coming years across the red states. Her mother, she explained, ran a shelter for battered women, and even as a young girl, she came to recognize “that the most dangerous time for victims of abuse is when they are preparing to leave, when they have made up their minds that they are done and they are making their exits. That when we see their abusers escalate to crazy tactics.”

    Ufot sees the Tennessee expulsions, like the January 6, 2021, attack on the Capitol and Trump’s broader effort to overturn the 2020 result, as evidence that those “who are afraid of what a diverse, reflective, democracy looks like” will likewise turn to more extreme responses as the challenge to their position grows more acute. But she also sees the movement that erupted around Pearson and Jones as a preview of how younger generations may resist that offensive. “Instead of responding with resignation like people who have come before them, [the two expelled representatives] have chosen to do something about it,” she said. “And that’s what happens when you are forged in the fire of protest and are accountable to the people [you represent].”

    As the Republicans now running the red states race to the right, and younger generations lean harder on direct protest, more forging fires across this contested terrain appear inevitable.

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  • On Trump indictment, Senate GOP leaders silent while top House Republicans vow payback | CNN Politics

    On Trump indictment, Senate GOP leaders silent while top House Republicans vow payback | CNN Politics

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    CNN
     — 

    The top two Republican leaders in the Senate remain silent a day after former President Donald Trump, the current GOP 2024 presidential frontrunner, was indicted by the federal government.

    While the charges have yet to be unsealed, the top two Republicans in the Senate, Minority Leader Mitch McConnell, and Minority Whip John Thune have not put out statements, a stark contrast to the swift reaction among House GOP leaders who quickly rushed to Trump’s defense.

    “Today is indeed a dark day for the United States of America. It is unconscionable for a President to indict the leading candidate opposing him. Joe Biden kept classified documents for decades,” House Speaker Kevin McCarthy tweeted Thursday night. “I, and every American who believes in the rule of law, stand with President Trump against this grave injustice. House Republicans will hold this brazen weaponization of power accountable.”

    The third ranking GOP senator, John Barrasso of Wyoming, put out a statement Friday, saying, “This indictment certainly looks like an unequal application of justice.”

    “Nobody is above the law,” Barrasso tweeted. “Yet it seems like some are.”

    House and Senate Republican leaders have diverged for years on how and whether to even respond to Donald Trump’s legal woes. During Trump’s first indictment this spring, McConnell didn’t jump in to defend Trump and when he returned in April after a fall and was asked at a news conference by CNN’s Manu Raju about the indictment, he dodged.

    “I may have hit my head, but I didn’t hit it that hard,” McConnell said at the time. “Good try.”

    For McConnell, who has not maintained a relationship with Trump since January 6, 2021, the former president could be viewed as a distraction from his ultimate goals of recapturing the Senate. But for McCarthy, an alliance to Trump is an important factor for assuaging those in his right flank, especially at a moment when the House speaker has come under fire for a deal he cut with President Joe Biden on the debt ceiling.

    There are still a number of Senate Republicans who have come out backing Trump including Sen. Steve Daines of Montana, the chairman of the National Republican Senatorial Committee and who is backing the former president. Daines has stayed in touch with Trump, as he’s sought to recruit candidates in primaries across the country. He tweeted Friday, “The two standards of justice under Biden’s DOJ is appalling. When will Hunter Biden be charged?”

    Sen. Josh Hawley, a Republican from Missouri, was asked multiple times during an interview on Fox News on Thursday night about the lack of response from Senate leadership. Hawley’s only response was he did not know why leadership had not weighed in yet, and, “I can’t speak for anyone else.”

    Sen. Thom Tillis of North Carolina, also a member of the GOP Senate leadership team, tweeted Friday that the presumption of innocence in America should also apply to Trump and attacked Democrats who cheered the news.

    “It is sad to see some Democratic politicians cheering this indictment and presuming guilt for sheer political gain, despite the fact that President Biden himself is under federal investigation for mishandling classified documents,” Tillis said in his statement.

    Several Republican senators, many of whom have already endorsed Trump in the upcoming presidential election, were quick to jump to Trump’s defense and attacked the Department of Justice.

    But in stark contrast to the silence from Senate Republican leadership and staunch support from House GOP members, Republican Sens. Mitt Romney and Lisa Murkowski stressed the severity of the charges Friday.

    Romney of Utah, who twice voted to convict Trump on impeachment charges, said, “By all appearances, the Justice Department and special counsel have exercised due care, affording Mr. Trump the time and opportunity to avoid charges that would not generally have been afforded to others.”

    In a statement, Romney added, “These allegations are serious and if proven, would be consistent with his other actions offensive to the national interest, such as withholding defensive weapons from Ukraine for political reasons and failing to defend the Capitol from violent attack and insurrection.”

    Murkowski, who also voted to convict Trump in an impeachment trial after the insurrection, said Friday evening that the charges against the former president are “quite serious.”

    “Mishandling classified documents is a federal crime because it can expose national secrets, as well as the sources and methods they were obtained through. The unlawful retention and obstruction of justice related to classified documents are also criminal matters,” she said on Twitter.

    “Anyone found guilty – whether an analyst, a former president, or another elected or appointed official – should face the same set of consequences,” she added.

    GOP Rep. Don Bacon of Nebraska, meanwhile, called the obstruction allegations against Trump “inexcusable.”

    “As a retired brigadier general who worked with classified materials my entire career, I am shocked at the callousness of how these documents were handled,” Bacon told CNN on Friday. The congressman has long been critical of Trump and represents a swing state in Nebraska.

    “The alleged obstruction to the requests of the National Archives and FBI, if true, is inexcusable,” he said in the statement, adding: “No one is above the law, and we demand due process and expect equality under the law.”

    Meanwhile, top House Republicans took swift aim at the Department of Justice, special counsel Jack Smith, the FBI and Attorney General Merrick Garland in the wake of the indictment.

    “We ought to defund and dismantle the DOJ,” ultra-conservative Rep. Andy Biggs of Arizona tweeted shortly after Trump announced the news on Truth Social.

    House Majority Leader Steve Scalise immediately rushed to Trump’s defense, attacking the Justice Department over his indictment and vowing to hold the administration accountable.

    “Let’s be clear about what’s happening: Joe Biden is weaponizing his Department of Justice against his own political rival. This sham indictment is the continuation of the endless political persecution of Donald Trump,” Scalise tweeted.

    House Majority Whip Tom Emmer echoed that sentiment Friday morning, tweeting, “This is the ultimate abuse of power, and they will be held accountable.”

    Some House Republicans, going much further than the speaker, called for the impeachment of Biden, Garland and FBI Director Christopher Wray before seeing the details of the indictment.

    “It is time for Congress to rein in the FBI and DOJ, and impeach President Biden, Attorney General Garland, and Director Wray,” Georgia Republican Rep. Mike Collins said in a statement.

    This story has been updated with additional information.

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