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Tag: iab-elections

  • Failed state GOP candidate visited 3 Democratic officials’ homes before allegedly targeting them in shootings, police say | CNN

    Failed state GOP candidate visited 3 Democratic officials’ homes before allegedly targeting them in shootings, police say | CNN

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    CNN
     — 

    A Republican former candidate for New Mexico’s legislature arrested on suspicion of orchestrating four recent shootings at Democratic leaders’ homes had visited at least three of those officials’ homes to discuss election results, Albuquerque Police said.

    Solomon Peña, who lost a 2022 run for state House District 14, is accused of paying and conspiring with four men to shoot at the homes of two state legislators and two county commissioners.

    According to police:

    • Bernalillo County Commissioner Adriann Barboa’s home was shot at multiple times on December 4.

    • Incoming state House Speaker Javier Martinez’s home was shot at on December 8.

    • Former Bernalillo County Commissioner Debbie O’Malley’s home was shot at on December 11.

    • State Sen. Linda Lopez’s home was shot at on January 3.

    • Peña went to another commissioner’s home to discuss the election, but that commissioner “never reported any shots fired,” Albuquerque police said.

    No one was injured in any of the shootings. Peña is also accused of trying to participate in at least one of the shootings himself, Albuquerque police said. He was arrested by a police SWAT team Monday.

    The investigation found “these shootings were indeed politically motivated,” Albuquerque Mayor Tim Keller said. He called Peña “an election denier.”

    After losing the election, Peña approached a state senator and two county commissioners at their homes with paperwork claiming there was fraud involved in the elections, Albuquerque police said.

    Peña was arrested on preliminary charges of felon in possession of a firearm; attempted aggravated battery with a deadly weapon; criminal solicitation; and four counts each of shooting at an occupied dwelling, shooting at or from a motor vehicle, and conspiracy, according to a warrant.

    CNN has reached out to Peña’s campaign website for comment and has been unable to identify his attorney.

    False and unfounded claims about election fraud have exploded nationwide in recent years and fueled anger and threats of violence against elected officials – even in local politics.

    Barboa, the county commissioner whose home was shot at multiple times on December 4, told CNN about an “erratic” encounter with Peña before the shooting.

    “He came to my house after the election and he’s an election denier. He weaponized those dangerous thoughts to threaten me and others, causing serious trauma,” Barboa told “CNN This Morning” on Tuesday.

    “He was saying that the elections were fake … I didn’t feel threatened at the time, but I did feel like he was erratic.”

    Similarly, O’Malley – the former Bernalillo county commissioner – told police Peña was at her home just days before the December 11 shooting there, according to an arrest warrant affidavit obtained from Albuquerque police.

    “Debbie recalled that he was upset that he had not won the election for public office, even though Debbie O’Malley was not a contender,” the affidavit says.

    Ring doorbell camera footage recorded at O’Malley’s previous residence and obtained by CNN shows Peña approaching the door and knocking, holding documents in his hands.

    The current resident speaks to him through the camera’s speaker feature, telling him O’Malley no longer lives at that residence and directing him to her new home.

    While no one was injured in any of the shootings, Peña “intended to (cause) serious injury or cause death to occupants inside their homes,” an arrest warrant affidavit reads.

    “There is probable cause to believe that soon after his unsuccessful (political) campaign, he conspired … to commit these four shootings” at the officials’ homes, the affidavit states.

    Firearm evidence, surveillance footage, witness accounts plus cell phone and electronic records helped officials connect five people to the alleged conspiracy, Albuquerque police Deputy Cmdr. Kyle Hartsock said Monday.

    Peña was first connected to the January 3 shooting at Lopez’s home.

    That day, Lopez “heard loud bangs but dismissed them as fireworks at the time,” she told police.

    But her 10-year-old daughter woke up thinking a spider was crawling on her face and that there was sand in her bed. It turned out to be sheetrock dust that was blown onto the child’s face from a bullet passing through her bedroom, the affidavit says.

    Police later found “12 impacts” at the state senator’s home and shell casings nearby, according to the affidavit.

    About 40 minutes after the shooting, a deputy spotted a silver Nissan Maxima with “an improperly displayed license plate sticker” about four miles from Lopez’s home and made a traffic stop, the affidavit states.

    The Nissan was registered to Peña – but it was driven by another man at the time who had a felony warrant out for his arrest, the affidavit states.

    In the trunk, the deputy found a Glock handgun with a drum magazine and an AR pistol, police said. The handgun matched the shell casings from the lawmaker’s home, police said in a news release.

    Investigators then connected Peña to the shootings at the other officials’ homes. On Monday, detectives served search warrants at Peña’s apartment and the home of two men allegedly paid by Peña, police said.

    Albuquerque police released a photo of a

    “After the election in November, Solomon Peña reached out and contracted someone for an amount of cash money to commit at least two of these shootings. The addresses of the shootings were communicated over phone,” Hartsock said Monday, citing the investigation.

    “Within hours, in one case, the shooting took place at the lawmaker’s home.”

    One of the conspirators initially told shooters “to aim above the windows to avoid striking anyone inside,” the affidavit reads, citing a confidential witness with knowledge of the alleged conspiracy.

    But Peña eventually wanted the shooters to be “more aggressive” and “aim lower and shoot around 8 p.m. because occupants would more likely not be laying down,” the affidavit says, citing the confidential witness.

    In the latest shooting, police found evidence “Peña himself went … and actually pulled the trigger on at least one of the firearms that was used,” Hartsock said. But an AR handgun he tried to use malfunctioned, and more than a dozen rounds were fired by another shooter, a police news release said.

    Authorities are still investigating whether those suspected of carrying out the shootings were “even aware of who these targets were or if they were just conducting shootings,” Hartsock said.

    Peña, who lost the election to Democratic state Rep. Miguel Garcia 26% to 74% – had publicly alleged that the race was rigged, his Twitter account shows.

    “Trump just announced for 2024. I stand with him. I never conceded my HD 14 race. Now researching my options,” Peña tweeted November 15 after losing his race.

    On January 2, in response to someone who asked him if his election was rigged, Peña tweeted: “Si, mine was also rigged. And I will fight it until the day I die.”

    The most recent time Peña tweeted that he did not lose the election was on January 9, when he posted “When we finally defeat the rigged NM elections, oh, the hero I will be! MAGA nation 4ever!”

    Keller, the Democratic mayor of Albuquerque, called Peña a “right-wing radical” and a “dangerous criminal.”

    “This type of radicalism is a threat to our nation and has made its way to our doorstep right here in Albuquerque, New Mexico, but we will continue will push back against hate,” Keller said in a statement.

    “Differences of opinion are fundamental to democracy, but disagreements should never lead to violence.”

    In addition to making unsupported claims about election results, Peña replied to several Twitter users who mentioned his criminal history and time spent in prison.

    During the fall campaign, Peña’s opponent, Garcia, sued to have Peña removed from the ballot, arguing Peña’s status as an ex-felon should prevent him from being able to run for public office in the state, CNN affiliate KOAT reported.

    Peña served almost years in prison after a 2008 conviction for stealing a large volume of goods in a “smash and grab scheme,” the KOAT report said.

    A district court judge ruled Peña was allowed to run in the election, KOAT reported.

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    January 18, 2023
  • Jay Inslee Fast Facts | CNN Politics

    Jay Inslee Fast Facts | CNN Politics

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    CNN
     — 

    Here is a look at the life of Jay Inslee, governor of Washington and former 2020 Democratic presidential candidate.

    Birth date: February 9, 1951

    Birth place: Seattle, Washington

    Birth name: Jay Robert Inslee

    Father: Frank Inslee, biology teacher, coach and athletic director

    Mother: Adele (Brown) Inslee, store clerk

    Marriage: Trudi (Tindall) Inslee (August 27, 1972-present)

    Children: Jack, Connor and Joe

    Education: Stanford University, 1969-1970; University of Washington, B.A., 1973, economics; Willamette University College of Law, J.D., 1976, graduated magna cum laude

    Religion: Protestant

    Inslee is dedicated to addressing climate change and other environmental issues.

    While in the US House of Representatives, he served on the House Committee on Energy and Commerce and on the House Select Committee on Energy Independence and Global Warming.

    He was the first governor to enter the 2020 presidential race.

    At Seattle’s Ingraham High School, Inslee was the starting quarterback.

    Worked his way through college doing odd jobs.

    Has praised the “Green New Deal,” saying it is “raising people’s ambitions” and “making what might seem impossible within the realm of the possible,” but has not outright said he would support the entire package. Nor has he endorsed Medicare-for-all.

    Established Washington’s Marijuana Justice Initiative. It allows for gubernatorial pardons for those previously convicted of a single misdemeanor marijuana crime “between January 1, 1998, and December 5, 2012, when I-502 legalized marijuana possession.”

    After law school, works as an attorney with Peters, Schmalz, Leadon & Fowler (later Peters, Fowler and Inslee), and serves as a city prosecutor for over a decade.

    November 1988 – Wins an open seat in the Washington House of Representatives for the 14th District against Lynn Carmichael (R) with 51.64% of the vote. Is reelected in 1990 with 61.82% of the vote.

    1989-1993 – Washington House of Representatives.

    November 1992 – Wins US House of Representatives seat for Washington’s 4th District against Richard “Doc” Hastings (R) with 50.84% of the vote.

    January 3, 1993-January 3, 1995 – US House of Representatives.

    November 1994 – Loses his reelection bid to the US House of Representatives to Hastings with 46.6% of the vote.

    1995-1996 – Attorney at Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim L.L.P.

    September 1996 – Unsuccessful gubernatorial bid, only coming in third with 10% of the vote in the primary.

    1997-1998 – Region 10 Director for the US Department of Health and Human Services under US President Bill Clinton, serving Alaska, Idaho, Oregon and Washington.

    November 1998 – Wins US House of Representatives seat for Washington’s 1st District, after four years out of office, against incumbent Rick White (R) with 49.77% of the vote.

    January 3, 1999-March 20, 2012 – US House of Representatives. Reelected six times.

    2007 – His book, “Apollo’s Fire: Igniting America’s Clean Energy Economy,” written with Bracken Hendricks, is published.

    March 10, 2012 – Announces he will resign from the US House of Representatives in order to focus on his run for governor of the state.

    November 2012 – Wins the election for governor of Washington, defeating Rob McKenna (R) with 51.54% of the vote. Is reelected in 2016 with 54.39% of the vote.

    January 16, 2013-present – Governor of Washington.

    February 11, 2014 – Announces that he is suspending executions while he is in office, meaning he will issue reprieves when any capital cases come to his desk for action.

    2015-2016, 2017-2018 – Education and Workforce Committee Chair, National Governors Association (NGA).

    2016-2017, 2018-2019 – Education and Workforce Committee Vice Chair, NGA.

    2016 – Endorses Hillary Clinton for president of the United States.

    2017-present – Co-chair of the US Climate Alliance, a group he co-founded with California Governor Jerry Brown and New York Governor Andrew Cuomo. The Alliance pledges to uphold the Paris Climate Accord following the United States’ withdrawal from the agreement.

    2017-2018 – Chairman of the Democratic Governors Association.

    July 5, 2017 – Inslee signs Washington’s paid family and medical leave act into law. It is considered one of the most generous such laws in the nation.

    November 6, 2018 – Loses a bid to enact a statewide carbon emissions tax, for the second time in two years.

    March 1, 2019 – Releases a video announcing his presidential candidacy.

    March 14, 2019 – Signs a bump stock buy-back program into law a week before a nationwide ban takes effect. The devices, which replace the standard stock and grip of a semi-automatic firearm, make it easier to fire rounds from such a weapon by harnessing the gun’s recoil to “bump” the trigger faster.

    August 21, 2019 – Suspends his 2020 presidential campaign.

    August 22, 2019 – Announces that he is running for a third term as governor.

    November 3, 2020 – Wins reelection to a third term as governor.

    June 30, 2022 – Inslee issues a directive that bars state police from cooperating with out-of-state investigatory requests related to abortion in his efforts to make the state a “sanctuary” for those seeking abortion services. The decision comes after the US Supreme Court ruled to strike down Roe v Wade, the 1973 legal precedent which guaranteed people’s federal constitutional right to abortion. The historic ruling essentially leaves abortion laws in states’ hands.

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    January 17, 2023
  • Republicans shy away from calling on Santos to resign as Democrats renew push for more information | CNN Politics

    Republicans shy away from calling on Santos to resign as Democrats renew push for more information | CNN Politics

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    CNN
     — 

    More House Republicans on Sunday stopped short of calling on embattled New York Rep. George Santos to resign, while two Democrats made a fresh push for more information from GOP leaders.

    Republicans back home in the GOP freshman’s Long Island district, however, doubled down Sunday on calls for him to step down.

    Santos is facing growing pressure to resign after he lied and misrepresented his educational, work and family history, including falsely claiming he was Jewish and the descendant of Holocaust survivors. He also faces federal and local investigations into his campaign finances. Santos has admitted to “embellishing” his resume but has maintained he is “not a criminal.”

    House Oversight Committee Chairman James Comer called Santos “a bad guy” in an interview Sunday with CNN’s Jake Tapper on “State of the Union.”

    “He’s not the first politician, unfortunately, to make it to Congress to lie,” the Kentucky Republican said. “But, look, George Santos was duly elected by the people. He’s going to be under strict ethics investigation, not necessarily for lying, but for his campaign finance potential violations. So I think that Santos is being examined thoroughly.”

    “It’s his decision whether or not he should resign. It’s not my decision. But, certainly, I don’t approve of how he made his way to Congress,” Comer said.

    GOP Rep. Don Bacon of Nebraska said Sunday he would resign if he were in Santos’ position but said that was a decision for the New York Republican’s constituents.

    “If it was me, I would resign. I wouldn’t be able to face my voters after having gone through that,” Bacon told “This Week” on ABC. “But this is between him and his constituents, largely. They elected him in, and he’s going to have to deal with them on that. I don’t think his reelection chances will be that promising, depending on how he handles this.”

    Rep. Chris Stewart, a Utah Republican, also declined to say if Santos should resign from his Long Island seat.

    “He clearly lied to his constituents, and … it’s going to be very, very difficult for him to gain the trust of his colleagues,” Stewart said on CBS News’ “Face the Nation” on Sunday. “The reality is you can’t expel a member of Congress. At the end of the day, it really is up to the voters in Nassau County. I can tell you this – if I were in that situation, I don’t know how I could continue to serve and I suppose he needs to ask that same question.”

    Several House Republicans have called for Santos to resign, including five of his fellow New York Republican colleagues in the House. Leaders of the Nassau County GOP have also called for the congressman to step down.

    House Speaker Kevin McCarthy told reporters Thursday that Santos has “a long way to go to earn trust” and that concerns could be investigated by the House Ethics Committee, but he emphasized that the congresman is a part of the House GOP Conference. Republican Rep. Elise Stefanik, of New York, who chairs the House GOP Conference, told CNN on Thursday that the process “will play itself out.”

    “He’s a duly elected member of Congress. There have been members of Congress on the Democrat side who have faced investigations before,” she said.

    Meanwhile, two Democrats are calling on McCarthy and Stefanik to cooperate with any House Ethics Committee investigation into Santos.

    In a letter sent to the two Republican leaders and to Dan Conston, president of the Congressional Leadership Fund – the super PAC affiliated with House GOP leadership – New York Reps. Dan Goldman and Ritchie Torres cite new reporting “indicating that each of you had at least some knowledge of lies used by Congressman George Santos to deceive his voters long before they became public.”

    “We urge you to inform the American people about your knowledge of Mr. Santos’s web of deceit prior to the election so that the public understands whether and to what extent you were complicit in Mr. Santos’s fraud on his voters,” Goldman and Torres said in the letter.

    CNN has reported that Conston expressed concerns about Santos’ background prior to the election and contacted lawmakers and donors about those concerns. Goldman and Torres cite reporting by The New York Times in their letter, which also indicated that associates of Stefanik were made aware of issues regarding Santos’ background ahead of the election.

    In an interview with CBS News’ “Face the Nation” on Sunday, Goldman called Santos a “complete and total fraud” and pushed back on attempts by some Republicans to equate the allegations against him to ethics complaints against some Democrats.

    “This is a scheme to defraud the voters of the 3rd District in New York, and this needs to be investigated intensively,” he said.

    Goldman and Ritchie said last week that they were filing a formal complaint with the House Ethics Committee requesting an investigation related to Santos’s financial disclosure reports. A campaign watchdog group filed a complaint last week with the Federal Election Commission accusing Santos of concealing the source of more than $700,000 that he put into his successful 2022 bid.

    CNN’s KFILE also reported that Santos had said a company later accused of running a “Ponzi scheme” was “100% legitimate” when it was accused by a potential customer of fraud in 2020, more than a year before it was sued by the US Securities and Exchange Commission. Joseph Murray, an attorney for Santos, told CNN in an email that Santos was unaware of wrongdoing at that company.

    Murray also previously defended the Santos campaign’s actions, saying in a statement, “The suggestion that the Santos campaign engaged in any unlawful spending of campaign funds is irresponsible, at best.”

    Nassau County Republicans were ready Sunday in case Santos showed up at a morning fundraiser on Long Island.

    “Had he shown up, we were ready to greet him,” Nassau County GOP Chair Joseph Cairo said. “We would have said, ‘You’re really not welcome. You deceived us, you lied to us.’”

    Over 900 people turned out for the annual “kickoff brunch” featuring a who’s-who of Nassau County Republicans, with most wanting to distance themselves from the freshman lawmaker.

    “People say he should serve out his term,” Cairo said. “He didn’t get elected. The fictional character he created got elected.”

    Cairo said the topic of Santos came up at times during public speeches made by various Republicans at the fundraiser but not in a supportive way.

    “Virtually everyone is done with George Santos,” said Cairo. “We’ve told him he’s not welcome at our events. We don’t invite him to our meetings.”

    Former New York Rep. Peter King, who represented a different Long Island seat in Congress for nearly three decades, said no one had anything positive to say about Santos.

    “I made it a point to sort of mingle in the crowd beforehand. Everyone says we’ve got to get rid of this guy,” said King, a onetime chairman of the House Homeland Security Committee. “He’s dangerous to the party and dangerous to the country.”

    King said local Republicans would now move to ostracize Santos as much as possible.

    “That’s not to punish him but to send the signal to everyone, including Washington, that he has to go,” the former congressman said. “They can’t be slow-walking it in Washington, waiting for something to happen in Washington.”

    Republican Rep. Anthony D’Esposito, a freshman lawmaker from a neighboring Long Island district, said Santos won’t have support from the party if he opts to stay put and run for reelection next year.

    “We’ve all called for George Santos’ resignation. If that’s not something that’s going to happen, then I think it’s clear … that we are ready to do what we need to do when it comes to the polls in two years,” he said.

    “One of the things that I think is really bothering people the most is the fact that he claimed he was of the Jewish faith and that his grandparents survived the Holocaust,” D’Esposito said. “In the district that I run in, we have a very large population of Orthodox and a large Jewish population. It’s not something that we could stand for.”

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    January 15, 2023
  • Biden delivers sermon drawing on legacy of Rev. Martin Luther King: ‘This is a time of choosing’ | CNN Politics

    Biden delivers sermon drawing on legacy of Rev. Martin Luther King: ‘This is a time of choosing’ | CNN Politics

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    CNN
     — 

    Joe Biden delivered remarks Sunday from Ebenezer Baptist Church in Atlanta, becoming the first sitting president to deliver a Sunday sermon from the historic church where civil rights leader Dr. Martin Luther King, Jr. served as pastor until his assassination in 1968.

    “You’ve been around for 136 years – I know I look like it, but I haven’t,” Biden joked, calling King one of “my only political heroes” since entering public service.

    In remarks from the pulpit, the president referred to the current moment in American history “the time of choosing.”

    “Are we a people who choose democracy over autocracy? You couldn’t ask that question 15 years ago, right? You would’ve thought democracy was settled – not for African Americans, but democracy as an institutional structure was settled. But it’s not, it’s not,” he said.

    “We have to choose a community over chaos. Are we the people … going to choose love over hate? These are the vital questions of our time, and the reason why I’m here as your president, I believe. Dr. King’s life and legacy show us the way, and we should pay attention,” Biden said.

    He offered praise for King and his legacy, noting that the civil rights pioneer “was born in a nation where segregation was a tragic fact of life.”

    Biden’s visit came amid a steady drip of revelations tied to his handling of classified documents after his time as vice president. The White House has faced increasing criticism for its lack of transparency with the public over the finding of classified material at Biden’s home and his former private office. Attorney General Merrick Garland has appointed a special counsel to take over the investigation into the classified documents found at the two locations connected to Biden.

    Biden was invited to speak Sunday by the current pastor of Ebenezer Baptist Church, Democratic Sen. Raphael Warnock, on what would have been King’s 94th birthday. Warnock was recently elected to a full six-year term following an election in which he distanced himself from Biden on the campaign trail in Georgia, where polling showed a majority of voters disapproved of the president’s job performance.

    At the church, Biden spoke about King’s legacy and a number of issues, including civil and voting rights.

    “He had every reason to believe, as others in his generation did, that history had already been written, that the division be America’s destiny – but he rejected that outcome,” Biden said. “So often, when people hear about Dr. King, people think his ministry and the movement were most about the epic struggle for civil rights and voting rights. But we do well to remember that his mission was something even deeper – it was spiritual. It was moral.”

    The speech also came as the president is set to make a decision about his political future with his advisers readying plans for a possible reelection bid. Biden narrowly flipped Georgia in 2020, buoyed by support from Black voters, and the state could prove critical in next year’s presidential campaign.

    Ahead of Biden’s trip to Georgia, Keisha Lance Bottoms, the White House senior adviser for public engagement, and former mayor of Atlanta, called the visit “an inflection point,” as the president’s voting rights agenda remains stalled in Congress.

    “If you’ve come through the East Wing, you’ve seen the pictures of Dr. King meeting with Lyndon Johnson, meeting with other civil rights leaders, hashing out voting rights in the White House – and so the fact that we are still here talking about this in 2023, I think really speaks to the fact that we need action, we need that action from Congress,” Bottoms said.

    “The President has done and will continue to do all that he can do in his executive powers, but there’s only so much that he can do. We need Congress to act,” she added.

    A Democratic-controlled House passed a voting rights bill in 2021, but attempts by Senate Democrats to change filibuster rules to pass the legislation were unsuccessful amid opposition from moderate Democratic Sens. Joe Manchin and Kyrsten Sinema. Sinema has since become an independent, while continuing to caucus with Democrats, and Republicans won control of the House following the November midterm elections, further dashing hopes of finding compromise on voting rights.

    Bottoms defended the administration’s handling of the voting rights issue, telling reporters Friday that the Biden White House has “done all that we can do from the executive branch,” but if there were additional steps that would further the issue, “we welcome these suggestions.”

    While in Atlanta, Biden was expected to meet with members of the King family and civil rights organizations, the White House said.

    King was assassinated in Memphis, Tennessee, in 1968 at age 39.

    On Monday, when the nation honors King on his eponymous holiday, Biden will deliver the keynote address during the National Action Network’s Martin Luther King, Jr. Day Breakfast in Washington, DC, on the invitation of Rev. Al Sharpton.

    This story has been updated.

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    January 15, 2023
  • Why Black voters are more important in Georgia than in any other state | CNN Politics

    Why Black voters are more important in Georgia than in any other state | CNN Politics

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    CNN
     — 

    President Joe Biden is heading back to Georgia. On the eve of Martin Luther King Jr. Day, he’s visiting Ebenezer Baptist Church in Atlanta, where the civil rights pioneer once preached. The trip makes a lot of sense, not just to pay tribute to King, but also because King helped lead the drive for equal voting rights for Black Americans.

    The Peach State is in many ways the place where the political importance of Black voters is clearest. They are one of the biggest reasons Georgia has swung from a red state to a purple one.

    The current list of swing states in American politics mostly features places where Black voters don’t play an outsize role – states such as Arizona, Nevada and Wisconsin. Even in swing states where Black voters make up at least 10% of the voting public (e.g., Michigan and Pennsylvania), the Black portion of the electorate in the 2020 election was comparable to what it was nationwide (12%).

    Georgia is the big exception. According to US Census data, 33% of 2020 presidential election voters in the state were Black. That ranked second nationally behind deep-red Mississippi. Georgia’s own records show that a slightly smaller 29% of 2020 voters whose race was known were Black (or 27% when we include voters for whom race was unknown). That’s still the highest percentage in any swing state by far.

    Not only that, but the Black portion of the electorate is growing in Georgia as their percentage of the population has risen. State records show that Black adults made up 23% of voters in the 2000 election – which indicates a 6-point increase in the Black portion of the presidential electorate (whose race was known) from 2000 to 2020. There was an uptick of 1 point nationally over the same time span.

    To put into perspective how important this shift has been to Democratic fortunes, consider this math of the 2020 election results. Black voters in Georgia favored Biden by 77 points, according to the exit polls. Non-Black voters as a group (led by White voters) backed then-President Donald Trump by about 30 points. If Black voters had made up the same 23% of presidential election voters they did in 2000, Trump would have won the state by 6 points.

    Instead, Biden won Georgia by less than a point and became the first Democrat to carry the state in a presidential election since Bill Clinton in 1992.

    (Keep in mind, other datasets suggest that Biden won Georgia’s Black voters by an even larger margin, so this math may, in fact, underestimate how important Black voters were to Biden’s win.)

    There are other factors as to why Biden won Georgia when Democrats before him had failed. The state’s Asian and Hispanic populations are also way up from where they were 20 years ago. At the same time, White voters with a college degree in Georgia have shifted well to the left, matching recent national trends.

    All that said, Black voters are a huge reason why only a handful of states have swung more Democratic in presidential elections since 2004 than Georgia, which has moved 17 points more Democratic. None of the seven states with bigger Democratic swings had elections that were anywhere as close as Georgia’s was in 2020.

    Of course, it’s not just in presidential elections where the voting power of Black Georgians is felt.

    Both of Georgia’s US senators are Democrats, including the senior pastor of Ebenezer Baptist Church himself, Raphael Warnock. Without Warnock and Sen. Jon Ossoff, Democrats would be in the Senate minority instead of holding 51 out of 100 seats.

    Neither Warnock nor Ossoff would be in the Senate without Black voters. I’m not only talking about the fact that Black Georgians overwhelmingly cast their ballots for Ossoff and Warnock in twin Senate runoffs in 2021 or about the rise in the percentage of Black voters in the state since the beginning of the century.

    I’m talking about factors unique to the 2021 runoffs. Historically, Black turnout had dropped in general election runoffs in Georgia. That was not the case in 2021, when both Ossoff and Warnock scored narrow wins.

    Black voter turnout (relative to voters as a whole) was actually up in the 2021 runoffs compared with the November 2020 general election. Moreover, those who turned out were more Democratic-leaning than Black voters who had voted in the general election.

    Many of these same Black voters backed Warnock in huge numbers again in his victorious bid for a full six-year term in December’s Senate runoff.

    With the 2024 election around the corner, Georgia’s electoral fate depends on Black voter turnout and whether Democrats continue to win them in large numbers more than any other state. Expect Biden to be back in the Peach State rallying Black voters, if he runs for a second term.

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    January 15, 2023
  • Concerns over Santos’ backstory were known prior to the election | CNN Politics

    Concerns over Santos’ backstory were known prior to the election | CNN Politics

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    CNN
     — 

    Concerns over Rep. George Santos’ backstory became louder over the summer and into the fall campaign season, and issues surrounding the recently elected Republican congressman from New York had not been a secret, a GOP source told CNN on Friday.

    When it became clearer that Santos had a chance at winning his New York district, people talked more about how his backstory didn’t add up, the source said.

    There was trepidation among consultants, donors and other Republicans – including those in Washington – that what Santos was saying about himself wasn’t accurate and that his biography didn’t line up, the source said. There had also been an expectation that some kind of major story would drop in the press before the election, the source said. But that story never came.

    Among those who expressed concerns, according to a source, was Dan Conston, president of the Congressional Leadership Fund PAC and a close associate of now-House Speaker Kevin McCarthy. Conston contacted lawmakers and donors, sharing his concerns about Santos, the source said.

    A representative for the Congressional Leadership Fund declined to comment.

    Among potential donors, one person who went to a Santos fundraising event in March 2022 told CNN that he immediately could tell Santos was not being truthful. Santos, he said, boasted about his time at Goldman Sachs, promised to pressure China and planned to require the US to default on its debt to not pay China – something that anyone who worked in finance would know to be a catastrophic mistake.

    A separate donor who now feels conned said he gave substantial amounts of money to Santos, who he felt came across as “maybe” an embellisher. “He seemed like a novice but I believed his heart was in the right place,” the source said.

    The revelations come as the freshman congressman faces growing pressure to resign after he lied and misrepresented his educational, work and family history. CNN’s KFILE also reported that Santos had said a company later accused of running a “Ponzi scheme” was “100% legitimate” when it was accused by a potential customer of fraud in 2020, more than a year before it was sued by the US Securities and Exchange Commission. Joseph Murray, an attorney for Santos, told CNN in an email that Santos was unaware of wrongdoing at that company.

    Santos has admitted to “embellishing” his resume, but maintains he is “not a criminal.”

    The New York Times first reported details of what Republicans knew about Santos before the election.

    According to the Times, some of the GOP associates assisting Santos’ campaign were alarmed by the findings of a background study on Santos conducted by a Washington research firm, prompting them to advise him to end his bid. Santos had permitted his campaign to run the study in late 2021 as he prepped his run for New York’s 3rd Congressional District, the Times reported Friday.

    According to the Times, it remains unclear who else – if anyone – learned about the background study’s findings at the time, or whether party leaders were made aware of the information.

    Earlier this week, Nassau County GOP leaders insisted they had no indication that Santos had misled them before The New York Times broke the story after the election.

    CNN has reached out to Santos’ lawyer for comment on the Times reporting. Murray told the Times that “it would be inappropriate to respond due to ongoing investigations.”

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    January 14, 2023
  • Why there are more Republican women in Congress than ever before | CNN Politics

    Why there are more Republican women in Congress than ever before | CNN Politics

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    CNN
     — 

    Lori Chavez-DeRemer sat in the gallery of the House nearly two decades ago with her mom and her twin daughters – tourists peering down at lawmakers on the floor of the chamber.

    “I’d really love to be here someday,” the Oregon Republican recalled telling her mother, who encouraged her to think about a run. She’d recently been elected to her city council, but she had her doubts. “I said, ‘Everybody on the floor there probably has a law degree. I’m a stay-at-home mom.’”

    But Chavez-DeRemer flipped a Democratic seat in November, helping Republicans win a narrow House majority. She is now among a record 42 Republican women in Congress and one of the first two Latino members of Congress from Oregon.

    The trail she has blazed is emblematic of the progress that the Republican Party has made in electing women over the past decade – hard-fought milestones reached only after outside groups began playing a larger role in primaries.

    Still, GOP women are far from reaching parity with Democrats. Thirty-three of them will serve in the House alone this term, compared with 91 Democratic women. Though many women (and men who care about electing them) applaud a recent shift in attitude among GOP leadership and a segment of the donor class – for whom identity politics has often been anathema – long-term hurdles remain.

    Some leaders, including House GOP Conference Chair Elise Stefanik and Republican National Committee Chair Ronna McDaniel, want to see the party do more.

    That push is not just about statistics. It’s imperative as the party tries to appeal to a broader spectrum of voters, including the many suburban women who abandoned the GOP after Donald Trump was elected in 2016.

    “Suburban women and independent women are going to continue to be the X factor in whether we win,” said Annie Dickerson, the founder and chair of Winning for Women, an outside group that helps elect female Republicans.

    When Erin Houchin first ran for the Indiana state Senate in 2014, she urged a few party leaders to support female candidates in primaries – especially in deep-red seats where the primary is the only competitive election.

    “The answer I got was, ‘Well, we don’t get involved in primaries. You should go see if other women will help you,’” Houchin recalled.

    After winning her race, she ran for Congress in 2016 – the only woman in a five-person primary for a safe Republican seat. The party officially stayed out; the National Republican Congressional Committee’s policy is to never take sides in primaries.

    Houchin had support from Republican women, including early backing from Value in Electing Women, or VIEW, PAC, which encouraged female members of Congress to write checks for her.

    Those checks, however, were no match for what Houchin was up against: an opponent who benefited from a big-spending super PAC that likely could have outspent her even if she had more institutional party support. Trey Hollingsworth won that primary and the general election and went on to represent the 9th District for three terms before retiring last year.

    Houchin was once again the only woman in the primary to succeed Hollingsworth out of a field of nine, but this time, she emerged the winner. She easily won the general election for a district that Trump would have carried by 27 points in 2020.

    “There were many more groups this time around that did engage,” Houchin said, praising VIEW PAC, Winning for Women and Stefanik’s leadership PAC, known as Elevate PAC or E-PAC. “That made a difference.”

    Republicans have long viewed supporting diverse candidates differently from Democrats, who were earlier to embrace building coalitions among specific demographics.

    “Some of the Republican men didn’t necessarily think that it ought to be a priority,” GOP strategist Parker Poling, the executive director of the NRCC for the 2020 cycle, said of the party’s prior attitude toward boosting female candidates.

    “I had to sell it very differently in the beginning, back in 2017,” Dickerson recalled. “And it was real work persuading donors that it wasn’t identity politics. It was really about identifying excellence.”

    Stefanik raised the alarm with House GOP leaders after the 2018 election, when, as the first female recruitment chair of the NRCC, she had enlisted more than 100 women to run. Just one of them won.

    Democrats flipped the House that year, buoyed in large part by the success of female candidates, but the number of GOP women in the chamber declined by nearly half. Even if Republican leaders didn’t immediately recognize the problem – then-NRCC Chairman Tom Emmer called Stefanik’s desire to get involved in primaries a “mistake” – they quickly came around in their public support for her mission.

    “I am very proud that our efforts have been pretty much embraced across the board,” Stefanik said last month when asked if leadership now understands the importance of supporting women.

    That commitment to changing those dynamics showed in 2020 – which some have called the “Year of the Republican Woman” – when a record-breaking number of nonincumbent House GOP female candidates won, helping flip several pivotal Democratic seats.

    “There’s an understanding now that Republican women candidates can be very successful in the general election and in many cases are stronger candidates than men,” said Cam Savage, a veteran Republican consultant who worked for Houchin. “It’s been true for a while; it just hasn’t been recognized.”

    McDaniel accepts a shirt from Rep. Michelle Steel at the congresswoman's campaign office in Buena Park, California, in September 2022.

    McDaniel also noted that the tenor of conversations with donors has changed.

    “Our investors – when I started, some of them would say to me candidly, ‘You have young kids. How can you be a mom and do this?’” she said. “I don’t have those conversations anymore. It’s more: ‘What other women candidates can we invest in?’ ‘Where can we support women in our party?’”

    After impressive gains in 2020, Republican women made more nominal progress in 2022. Just one GOP woman, Virginia’s Jen Kiggans, unseated a Democratic incumbent in a swing seat, while several others flipped open seats in Oregon, Florida and Texas.

    There’s excitement, however, about conservative women’s success in red districts and how that could help deepen and extend the longevity of the bench of female Republicans in Congress.

    “You can’t just focus on electing women Republicans in swing seats. That’s why we had, you know, such a historic loss in 2018, as most of our women members were in those swing seats,” Stefanik said.

    Of the seven nonincumbent Republican women elected last year, five represent districts Trump would have carried in 2020.

    “That allows those members to gain seniority over time and also to make investments in other candidates,” added Stefanik.

    In other words, electing women in safe seats means they’re more likely to stay there – although not always. Liz Cheney lost her deep-red Wyoming seat in a primary to another woman backed by Stefanik.

    And those very primaries in deeply conservative districts have sometimes been harder for women to win, even if – based on their policy positions and voting records – they are the most conservative candidates.

    Houchin, for example, said it was important for her to be very clear about where she stood on the issues because “it’s been easier to paint female candidates as more moderate or more liberal. That’s certainly not my profile.”

    Helping women get through primaries in safe red seats could become more difficult after a deal reached between two outside groups as part of the Republican negotiations over the House speaker’s election. Congressional Leadership Fund, a super PAC backed by House Speaker Kevin McCarthy, agreed to stay out of open-seat primaries in exchange for the anti-tax Club for Growth’s support for his speakership bid.

    Chavez-DeRemer — one of those Republican women to flip an open seat last year — now calls her self-doubts during that visit to the Capitol silly.

    Chavez-DeRemer is seen in Happy Valley in the Portland suburbs in September 2022.

    “Little did I know that, really, my whole life, I was probably preparing for this,” she said. “I needed to just be me.”

    The former mayor of Happy Valley, in suburban Portland, won a five-way primary in Oregon’s 5th District and went on to win the general election over a Democratic woman, who had defeated the incumbent in her primary.

    Her story speaks to the message pushed by potential White House aspirant Nikki Haley, who has channeled her energies into elevating female Republican candidates through her Stand for America PAC.

    “What we need to do is to tell women, ‘We need you. We need you at the table. We need you making the decisions. We need your experience. We need your ability to talk about families and budgets and crime, and all of those things,” the former South Carolina governor and onetime US ambassador to the United Nations said in a brief interview on the campaign trail in Nevada last year.

    Haley speaks at a campaign event for De La Cruz and Rep. Mayra Flores in McAllen, Texas, in October 2022.

    “Success begets success,” Poling added of female candidates’ track record. “When people see that this helped us win more seats, then they’re more likely to put the time and effort into recruiting and helping female candidates.”

    Party operatives credit strong recruitment – both in 2022 under NRCC recruitment chair Carol Miller of West Virginia and in 2020, under then-Rep. Susan Brooks of Indiana.

    “That begins with the acknowledgment that the way you recruit women is different from men,” Savage said. “You don’t have to recruit men. They line up to tell you they’re the best fit.”

    But one of the major lessons from 2018 is the recognition that getting women to run isn’t enough: Helping them through the process is also critical.

    “I don’t look at women as a monolith – they come with different backgrounds and experience – but sometimes fundraising can be a challenge, or life balance,” said McDaniel, who was elected RNC chair in 2017.

    One part of addressing that is female candidates supporting each other. Monica De La Cruz was one of three Republican women running for South Texas swing districts along the southern border last year.

    “We had a support group of women who understood exactly what you were going through at that moment, so it was a very special time,” said De La Cruz, the only one of the three to win.

    And increasingly, there’s recognition that a female perspective can be a strength in the eyes of voters.

    “I had no political background. I’m a small-business owner, single mom of two teenage children. And people could relate to that,” said De La Cruz, who has been tapped to serve on the RNC’s advisory panel to examine how the party can continue broadening its appeal to women and more diverse voters.

    De La Cruz takes a selfie with supporters in McAllen, Texas, in October 2022.

    “They saw me at the Friday night football games, and the Saturday morning volleyball games,” she said. “They saw me in parent-teacher conferences at the school. My community saw themselves in me.”

    The GOP still has a lot of catching up to do. Even with leadership PACs and outside groups committed to boosting women in Republican primaries, the party lacks the firepower of a group like EMILY’s List, which has been helping elect Democratic women who support abortion rights since the mid-1980s.

    Some of the outside groups backing GOP women have diverged in primaries, either not engaging in the same races or even backing different women in the same primaries.

    To expand institutional support, McDaniel pointed to the example of programs such as League of Our Own, a campaign program she worked with in her home state of Michigan that has focused on training female candidates.

    “We talked about things like, ‘How do you raise money? How do you pick a campaign manager?’” McDaniel said. “You’d see these women who were graduates, going on to be state reps or state senators. It’s really, really impactful to see how even just that little bit of campaign school and that little bit of help can go a long way in bringing women into the conversation.”

    Chavez-DeRemer said the party must “keep reaching out” and “make sure that all women are running at a local level.”

    Stefanik echoed that sentiment, pointing to a robust state and local pipeline as a lynchpin to deepening the bench of Republican women in Congress in the years ahead.

    “It’s a long-term strategy,” she said.

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    January 14, 2023
  • ‘Command your troops, damn it!’ How a series of security failures opened a path to insurrection in Brazil | CNN

    ‘Command your troops, damn it!’ How a series of security failures opened a path to insurrection in Brazil | CNN

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    CNN
     — 

    A sea of people, draped in the yellow and green of the Brazilian flag, surge onto the roof of the country’s modernist congressional building in the capital Brasilia, a video shared on social media shows.

    In the foreground, officers from the military police of Brazil’s Federal District, which includes Brasilia, can be seen standing, chatting or filming the crowds in the distance.

    Their calm belies the chaos unfolding on January 8. For around four hours, thousands of far-right supporters of former President Jair Bolsonaro stormed all three branches of Brazil’s government – Congress, the Supreme Court, and presidential palace – overwhelming security forces and calling for the leftist incumbent Luiz Inácio Lula da Silva to be ousted.

    The violence has shocked the country, with many wanting answers as to how so many people managed to enter some of the most highly securitized buildings in the country, with practically no resistance. Questions are mounting as to whether members of the security forces tasked with protecting the area and their leaders were just overstretched, incompetent or even actively assisted the protesters.

    Top Brazilian officials say that pre-agreed security plans were not carried out on the day.

    CNN has analyzed a series of videos and livestreams posted on social media to explore the security failures that allowed an insurrection to take place with such extraordinary ease and found that some officers appeared friendly to the rioters, while many others seem woefully underprepared for the angry mob. CNN has not identified and spoken to the officers in the videos.

    Videos show some police officers standing and watching the protestors as they stormed Congress, one even filmed the events. Credit: YouTube, Twitter and Telegram.

    Authorities investigating the riots, like the Supreme Court, have pointed fingers at officials in Brasilia, and several Federal District security chiefs have been fired or issued with arrest warrants for alleged collusion since the Sunday riots.

    “The Brasilia police neglected [the attack threat], Brasilia’s intelligence neglected it,” Lula claimed one day after the siege. He said that from the footage it was easy to see “police officers talking to the attackers. There was an explicit connivance of the police with the demonstrators.”

    Suspicions of “connivance” have been fueled by his predecessor Bolsonaro’s close relationship with the military during his presidency, filling his then-cabinet with military chiefs. In the weeks leading up to the siege, supporters of the ex-leader and former army captain – who never explicitly conceded his election loss in October – camped outside army barracks across Brazil, calling for a military intervention to overturn Lula’s victory.

    Bolsonaro has made false claims of election fraud, sowing doubt in the legitimacy of the election. He left for Florida more than a week before the insurrection.

    Lula on Thursday also accused some people in the armed forces of complicity. “There were many people complicit in this. There were many from the (military police), many from the armed forces complicit,” he said during a press conference.

    The Brazilian president said he doesn’t think of the events of January 8 as a “coup” but as a “smaller thing, a band of crazy people who haven’t realized that the election is over.”

    The military police of the Federal District have not responded to CNN’s questions about the alleged security failures of their forces. Nor has the Army Command in Brasilia – which has yet to make a public statement on the riots.

    Videos taken on January 8 suggest a reduced security presence compared to Lula’s inauguration a week before, at the same government complex, when more than 8,000 troops from military and civil forces were deployed.

    On January 8, there were just 365 military police officers working in the area. After Lula authorized a federal intervention at around 6 p.m. local that evening, another 2,913 were summoned, a caretaker Federal District spokesperson told CNN. The leadership of the office has changed since the January 8 riots.

    The army and civil police forces did not respond to CNN’s request for information on how many army troops and police forces were deployed to the area on Sunday.

    The military police are investigating the events on January 8 and “will start procedures to investigate” the alleged conduct of “police agents who behaved differently from (how) they were supposed to,” Ricardo Cappelli, the caretaker head of security for the Federal District of Brasilia, who got the role Sunday after his predecessor was fired, said this week.

    Sunday’s protests had been openly organized online days before and intelligence services were aware of their plans. Telegram conversations seen by CNN show people messaging as early as January 5 about their intentions to storm Brazil’s Congress.

    One post mentions a plan to use the Zello phone app, which works like a walkie talkie, if the internet was disrupted. The same app was used by some US Capitol rioters on January 6, 2021.

    Several others shared detailed maps of the parliamentary area, labeling clearly the Congress and Senate buildings as the assembly point.

    Brazil’s intelligence agency said it issued daily alerts ahead of January 8 to the government and the federal district government, warning the protests would be large and violent, CNN Brasil reports.

    Their intelligence was based on a warning raised by the country’s transport agency that an unusual volume of buses had been chartered to Brasilia. Both the Minister of Justice Flávio Dino and then-Federal District Governor Ibaneis Rocha, a Bolsonaro ally, were notified, said the intelligence agency.

    Despite the warnings, on January 7, Rocha told a Federal District news portal, Metropoles, that the protest would go ahead on the Esplanade – a grassy stretch surrounded by governmental buildings that leads directly to Brazil’s seats of power.

    In a press conference a day after the riot, Justice Minister Dino said special security plans had been agreed upon with the Federal District – which handles the defense of the governmental complex and was led by Rocha – but did not materialize on January 8. There was a “change in administrative orientation yesterday in which the planning, which did not allow people to enter the Esplanade, was changed at the last minute,” he said.

    Rocha was removed from his post for three months on Sunday. He said he respected the decision in an official statement and had also apologized to officials, including Lula, for what happened that day, saying his team “did not believe at all that the demonstrations would take on the proportions that they did.” CNN has reached out to Rocha for comment.

    When protesters, as planned, turned out in droves on January 8, they were met with little resistance.

    Beginning from their encampment outside the army headquarters, they walked over 7 kilometers (4.3 miles) down Brasilia’s main avenue, the Monumental Axis, to Congress.

    Prior to the breach of Congress, a long line of protesters march to the government complex. In one video, a military police officer appears to give a thumbs up while shaking hands with the pro-Bolsonaro crowd walking down the avenue. Some are even patting officers on the back.

    Military police attempted to stop the protesters by the Esplanade of Ministries along Eixo Monumental at around 2:25 p.m. local time, live video posted on YouTube by a protester and reviewed by CNN shows. But they were quickly over-run by protesters, who broke through the barricades. Police attempted to pepper spray a few of them as they tried to maintain the barricade but were overwhelmed.

    The time the crowds arrived outside Congress at around 2:45 p.m. local time. Videos showed some federal and military police units further attempting to block their way, but they were severely outnumbered.

    Chaos ensued.

    Another attempt by Brasilia’s military police to use pepper spray on protesters failed. The officers, standing behind a line of metal barricades, were quickly overwhelmed as the crowd surged through, tossing the barricades to the ground.

    Police confront protestors with pepper spray as they approach Congress but are quickly overwhelmed. Credit: Twitter

    Free to roam in Praça dos Três Poderes (Three Powers Square), thousands of Bolsonaro supporters climbed the ramp leading to the Congress, which houses the Senate and Chamber of Deputies. They entered the buildings just before 3 p.m.

    Videos from inside show overturned chairs and documents strewn on the floor as the crowds march through chanting pro-Bolsonaro slogans.

    With the barricades gone, several military police officers simply watched the scene. One even filmed the protesters climbing onto the roof of Congress.

    Meanwhile, outside the Congress building two federal police vans sat with smoke billowing from their windows, video shows. One has swerved off the road half-submerged in a lake.

    The swarm of protesters also moved to the Supreme Court and the Presidential Palace. Officers seemed once again unable to control the situation. Some on horseback were attacked near the Supreme Court, pulled to the ground and pummeled by rioters.

    In the end, the crowd managed to break inside these buildings as well and wreak havoc.

    Videos showed little coordination between police divisions and left some officers overwhelmed by the crowds. Credit: TikTok and Telegram

    Lula has suggested that someone deliberately left the doors to the palace unlocked. It was “opened for these people to enter because there is no broken door. It means someone facilitated their entry here,” he told reporters Thursday.

    While he waits for the dust to settle, “I want to see all the tapes recorded inside the Supreme Court, inside the palace. There were a lot of conniving agents. There were a lot of people from the MP (Military Police) conniving,” he added.

    The January 8 videos found online seem to convey the chaos of the moment.

    In one video, responders seem to struggle to coordinate and communicate as security forces seem overwhelmed as they try to gain control.

    A military police officer shouts at soldiers from the presidential guard battalion to fight the invaders as they stand by the presidential Planalto Palace.

    “Command your troops, damn it!” he yells at the battalion commander.

    But the soldiers appear hesitant, and their leader remains silent as they struggle to make decisions while confronted by the horde.

    In pictures: Bolsonaro supporters storm Brazilian Congress


    As it approaches 7 p.m. local time, the police and army finally have things under control. A YouTube livestream shows crowds filing off the roof of Congress and leaving the governmental compound.

    Two hours later, Bolsonaro condemns the day’s events, saying “peaceful demonstrations, respecting the law, are part of democracy. However, depredations and invasions… escape the rule.”

    Brazil’s response to the riots has been swift. The pro-Bolsonaro encampments outside army barracks were cleared, and a new round of protests on January 11 never materialized.

    The Supreme Court agreed to prosecutor’s requests on Friday to investigate Bolsonaro for the alleged involvement in the attacks. His lawyer has rebutted the accusations, saying Bolsonaro always “rejected all illegal and criminal acts … and has always been a defender of the constitution and democracy.”

    High level officials have aimed their sights on Bolsonaro allies still working in government, including Anderson Torres, who was effectively in charge of security for the Three Powers Square, where the governmental buildings were located.

    Brazil’s Supreme Court on Tuesday ordered the arrest of Torres, who was previously Bolsonaro’s justice minister and assumed the role of security secretary of the Federal District in January, and the district’s former military police commander Fabio Vieira.

    The order accuses the pair of attempting a coup d’état, terrorist acts, damage to public property, criminal association, and violent abolition of the rule of law. It also argues “the absence of the necessary policing” during the riots happened due to the “omission and connivance of several authorities in the area of security and intelligence.”

    Torres, who was fired on Sunday with Vieira, had traveled to Florida on January 7, a day before the riots. It is unclear if he met with Bolsonaro, who was also in Florida, having left Brazil in December, days before the inauguration of Lula.

    The former security secretary has strenuously denied any involvement in the riots. “I deeply regret these absurd hypotheses of any kind of collusion on my part,” he tweeted on Sunday, and wrote days later that he would return to Brazil and fight the charges.

    He was arrested on his return to Brazil on Saturday, CNN Brasil reports.

    On Thursday, the Federal Police announced that during a search of Torres’ home, it found a draft decree proposing to overturn October’s presidential election. Torres has denied being the author.

    CNN has reached out to his lawyer for comment.

    Investigators are looking for funders and leaders of the riots, an unenviable task due to the protesters lack of formalized leadership, Michele Prado, an expert on the Brazilian far right, told CNN.

    “Despite this fluidity of (protest) leaders and horizontality,” there are thousands of people online who continue to share extremist positions, she added.

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    January 14, 2023
  • Two words no president wants to hear | CNN Politics

    Two words no president wants to hear | CNN Politics

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    A version of this story appeared in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.



    CNN
     — 

    There’s something ringing in Joe Biden’s ears that no president ever, ever wants to hear: special counsel.

    These are the independent lawyers appointed, usually by attorneys general, to look, without conflict of interest, into actions involving the president or his administration. While you might have forgotten their names, you’re familiar with their work.

    Watergate. Iran-Contra. Whitewater. The Russia investigation. Teapot Dome.

    Other investigations include inquiries into the George W. Bush administration’s leak of the identity of an undercover CIA agent whose husband questioned intelligence about Iraq, the government’s ultimately deadly siege of the Branch Davidian compound and Jimmy Carter’s peanut business.

    Note that I’m including special counsels, special prosecutors, independent counsels and independent prosecutors here. A law that authorized independent prosecutors or independent counsels, who had more autonomy from the Department of Justice, lapsed in 1999 after high profile and expensive inquiries during the Reagan and George H.W. Bush administrations into the Iran-Contra affair and during the Clinton administration into Whitewater. In the years since, the Department of Justice has adopted regulations to enable to the attorney general to call up a special counsel when needed.

    Since Carter, only Barack Obama has emerged from the White House without having a special counsel or special prosecutor look at his administration. See lists of these investigations compiled by the A-Mark Foundation and The Washington Post.

    Now, there are two special counsels at the same time. One, Jack Smith, is looking into the multiple investigations involving former President Donald Trump, ranging from his effort to overturn the 2020 election to his handling of classified data and stonewalling that led the FBI to search Mar-a-Lago last summer.

    The other, appointed this week, is Robert Hur, who will assess what should happen as a result of classified documents being found both in a Washington, DC, office used by Biden following his vice presidency, and locked up in the garage at his Wilmington, Delaware, home, where he also keeps his Corvette.

    Both Biden and Trump’s teams have denied wrongdoing.

    All of Hur’s previous appointments to official positions have come during Republican administrations, including his appointment to be US attorney in Maryland by former President Donald Trump. He served as law clerk for federal judges appointed by former President Ronald Reagan, including the late Supreme Court Chief Justice William Rehnquist. He once held a top position as an assistant to current FBI Director Christopher Wray, also a Trump appointee, but one who has been criticized by Trump. As US attorney in Maryland, he oversaw a corruption case where Baltimore’s former Democratic mayor was sentenced to prison for three years following a children’s book scandal.

    Smith, who is coordinating Trump investigations, worked at the Justice Department during the Obama administration. While at the public integrity unit of the Justice Department, Smith was involved in the decision to prosecute former Virginia Gov. Bob McDonnell, a Republican who was convicted of corruption, although the Supreme Court later vacated the conviction. He was also involved in the failed prosecution of former Sen. John Edwards, a Democrat.

    The two special prosecutors can expect very different treatment by the subjects of their investigations.

    Biden’s White House has promised to cooperate with Hur; Trump has already written off Smith.

    “The Special ‘Prosecutor’ assigned to the ‘get Trump case,’ Jack Smith(?), is a Trump Hating THUG whose wife is a serial and open Trump Hater, whose friends & other family members are even worse,” Trump said in the opening of a screed on his social media platform Thursday.

    There are some important distinctions in terms of what kind of power a special counsel has. Between 1978 and 1999, as part of an ethics in government law, the attorney general could ask a three-judge panel to appoint an independent prosecutor with near total authority to bring charges. Read more from the Congressional Research Service.

    More recently, attorneys general have appointed special counsels, who have some autonomy, but still ultimately report to the attorney general. That chain of command was abundantly clear when Trump’s attorney general William Barr slow-walked the release of special counsel Robert Mueller’s report on the Russia investigation in a way that seemed beneficial to Trump.

    Thus, it’s Merrick Garland, or his successors, who will ultimately decide what to do with the findings by Smith and Hur.

    While the White House said it will cooperate with the special counsel, the fact is that it is developing a credibility gap on this issue.

    Biden’s lawyers found classified documents in Biden’s office in November and in his home in December. But when the administration first publicly addressed the findings this month, they didn’t mention the documents found in the home.

    “Not only did this make it look like Biden had something to hide, it set up the kind of drip, drip of disclosures guaranteed to supercharge a Washington scandal,” CNN’s Stephen Collinson wrote Friday.

    The White House, however, has pushed back on that perception, arguing the discoveries of all classified documents were ultimately disclosed.

    “When the president’s lawyers realized that the documents existed, that they were there, they reached out to the Archives. They reached out to the Department of Justice. rightfully so, I may add. That is what you’re supposed to do,” argued White House press secretary Karine Jean-Pierre at the White House Thursday.

    CNN’s White House team published a deep dive report looking at the final days of Biden’s vice presidency in early 2017, the period that appears to have resulted in these classified documents ending up at his home, locked up next to his Corvette, as Biden said Thursday, and at the Penn Biden Center.

    The discovery that set off this scandal was made by a Biden attorney looking into “a manilla folder marked ‘VP personal,’” according to one person in the report.

    CNN’s reporting, based on that source, is that there are 10 classified documents, including US intelligence memorandums and briefing materials that covered topics including Ukraine, Iran and the United Kingdom. There is also a memo from Biden to Obama and briefing memos meant to prepare Biden for one phone call with the prime minister of Britain and another with Donald Tusk, in his capacity as president of the European Council.

    While there are two probes, each with a special counsel appointed to look into the leaders’ handling of classified material, it’s important not to conflate them. The larger issue for Trump is that he fought giving documents to the National Archives as required by law and may have obstructed attempts by the government to retrieve them.

    “Based on what we know now, Biden is unlikely ever to face charges, whereas Trump is at high risk because of his obstructive conduct and other factors absent from the Biden case,” Norm Eisen, the ethics lawyer who helped Democrats during Trump’s first impeachment, writes for CNN Opinion. “The cases have special counsels and classified documents in common — but little else.”

    Earlier in the Trump classified documents saga in 2022 I talked to the government transparency activist Thomas Blanton at National Security Archive about how the US government classifies way too much material.

    The Biden classified documents saga could help prove his points. He told me there are clearly things related to intelligence sources or nuclear weapons that need to be kept secret. However…

    “The constant struggle is to push against the bureaucratic imperatives that cause ‘secure-a-crats’ to cover their rears for the most part with classified documents, but ensuring that the real secrets that will get people killed get really protected.”

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    January 14, 2023
  • RNC braces for three-way chair race at winter meeting | CNN Politics

    RNC braces for three-way chair race at winter meeting | CNN Politics

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    CNN
     — 

    A three-way race for chairman of the Republican National Committee could deal another setback to a party looking to enter the 2024 cycle with a unified front.

    Each of the three candidates running for chair – incumbent Ronna McDaniel, California-based attorney Harmeet Dhillon and MyPillow CEO Mike Lindell – confirmed to CNN either themselves, or through allies, that they have qualified to be on the ballot. It will be the first time in more than a decade that a drawn-out balloting process – set to take place when the committee’s 168-member voting body gathers in Southern California later this month – is likely to occur, said multiple people familiar with the process. A spokesperson for the RNC declined to comment on the status of any candidate qualifications.

    According to an email sent to RNC members last week, candidates running in contested races had until 10 a.m. Friday to qualify for the ballot by submitting “written evidence” demonstrating their majority support from national committee members in at least three states. McDaniel, Dhillon and Lindell will each participate in candidate forums before committee members vote by secret ballot on January 27 to elect their next leader.

    “Yes 3 are in,” Lindell said in a text message Friday when asked if he had submitted his paperwork to qualify for the chairman race. The MyPillow founder, who is a prominent supporter of former President Donald Trump’s election fraud claims, declined to identify which committee members were backing his campaign.

    “I’ve told mine I want to be discreet because I don’t want the media to attack them,” he said.

    A person close to Dhillon also confirmed that the California committeewoman had submitted the necessary paperwork to qualify and plans to have “a full whip operation on the ground” at the winter meeting in two weeks. That operation will include nightly receptions for committee members and a handful of high-profile surrogates, who are flying in for the occasion, including defeated Arizona gubernatorial candidate Kari Lake and Turning Point USA President Charlie Kirk, this person said.

    “We feel very, very good. As of yesterday, I’ve thought, ‘Good God, there is a very, very clear path to win this thing,’” the person close to Dhillon said.

    “Ronna McDaniel looks forward to participating in the candidate forum at winter meeting,” said Emma Vaughn, a spokesperson for McDaniel’s reelection campaign.

    The contested chair race will occur just weeks after House Republicans began their new majority with a dayslong struggle to elect their own leader following the party’s underwhelming performance in the midterm elections and amid furious objections to Kevin McCarthy – who was eventually elected speaker – by some of the most conservative members of the House GOP Conference. Another protracted leadership election inside the Republican Party’s governing body could deal a second blow to the GOP in its quest for party unity and exacerbate ongoing strategy debates across the party.

    The candidate forums, which have been held in years past, will allow candidates running for chairman and other contested positions – including co-chair and treasurer – to make their case to committee members in a format of their choosing, according to a person familiar with the planning. While each will be allotted the same amount of time, one candidate could choose to spend the duration speaking directly to members about their campaign or to field questions from members the entire time.

    “I don’t think it’s going to be raucous, per se, but I’m sure both of Ronna’s challengers will forcefully argue why she should go and why they should replace her,” said one committee member who plans to support Dhillon.

    Vaughn, the spokeswoman for McDaniel, said the current chairwoman will use the candidate forum “to continue her conversations with members of the 168, our party’s grassroots leaders who are eager to unite together to compete and win in 2023 and 2024.”

    McDaniel has declined to engage in a public debates with Dhillon and Lindell set to be hosted by radio personality John Fredericks and the right-wing outlet Real America’s Voice at the California resort in Dana Point where RNC members will huddle later this month. Vaughn cited the RNC-sanctioned candidate forum as McDaniel’s reason for not wanting to participate, adding that the incumbent chairwoman “will be overseeing party business during the remaining portion of the RNC meeting.”

    Had she agreed to participate in the Fredericks forum, however, it’s unlikely McDaniel would have been given a fair platform. The Virginia-based talk show host has previously called McDaniel, who is running for her fourth term, “a three-time loser” overseeing “the biggest disaster I’ve ever seen.”

    With two weeks left until RNC members huddle in California, the race for chair has taken a heated turn.

    A string of no-confidence votes against McDaniel by various state parties has further emboldened Dhillon and her allies, while some opponents of the California attorney have begun quietly raising questions about her Sikh faith, according to two people familiar with those conversations.

    “We must reject religious bigotry [within] our great party. Attacking Sikh faith of an Asian-American candidate 4 RNC chair has the optics of racism!” Oregon committeeman Solomon Yue, an early Dhillon supporter, wrote on Twitter earlier this week, alongside a screenshot of a text message from a fellow RNC member alleging that they had been approached by “a former RNC employee living in a southern state” trying to circulate a video of Dhillon delivering a Sikh prayer at the 2016 GOP convention in Cleveland.

    Following the allegations, McDaniel, a member of the Church of Jesus Christ of Latter-day Saints, issued a statement to NBC News condemning “religious bigotry in any form.”

    “As a member of a minority faith myself, I would never condone such attacks. I have vowed to run a positive campaign and will continue to do so,” she said.

    While more than 100 RNC members signed on to a November letter endorsing McDaniel’s reelection as chair, allies of her opponents claim there have been cracks in her support in the weeks since. Several state executive committees have held no-confidence votes against McDaniel, with another vote set to occur in Florida.

    Both the Alabama and Louisiana Republican parties have approved resolutions or publicly urged RNC members to vote against McDaniel. In Arizona, Republican leaders late last year called on McDaniel to resign, while the Texas GOP executive committee has urged its three RNC committee members to back fresh leadership instead of supporting McDaniel. In Florida, two candidates running for chair of the state GOP party recently signed on to a petition to force a no-confidence vote against McDaniel, the fate of which remains unknown at this time.

    Still, Vaughn claimed in a statement that “member support for the Chairwoman has grown since her announcement” to seek reelection.

    While McDaniel allies continue to tout her early declared support from 100-plus members, it is unclear if that support will hold when committee members vote later this month. Because votes are cast by secret ballot, it is possible some signatories of the pro-McDaniel letter could defect without revealing their identities.

    CORRECTION: An earlier version of this story misstated the number of public debates for RNC chair that will be hosted by Real America’s Voice.

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    January 13, 2023
  • ‘Victory smoke in the Capitol, boys,’ Proud Boys member said on Jan. 6, prosecutors say as trial begins | CNN Politics

    ‘Victory smoke in the Capitol, boys,’ Proud Boys member said on Jan. 6, prosecutors say as trial begins | CNN Politics

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    CNN
     — 

    Dozens of messages, social media posts and videos show that leaders of the far-right Proud Boys not only planned for the January 6, 2021, US Capitol attack but recruited others to help stop Joe Biden from becoming president, federal prosecutors said Thursday during opening statements in the seditious conspiracy trial.

    “Let’s bring this new year with one word in mind…revolt,” defendant and then-Proud Boys chairman Enrique Tarrio wrote to others in the group on January 1, 2021, according to prosecutors. “New year’s revolution.”

    Prosecutor Jason McCullough told the jury that Proud Boys leaders were afraid a Biden presidency would mean the end of the organization and that, after President Donald Trump infamously said in a presidential debate in 2020, to “stand back and stand by,” the organization reached a turning point.

    “In that moment, some battle lines were drawn. President Trump was for the proud boys, and Joe Biden was for antifa,” McCullough said.

    “The defendants’ mission threatened the very foundations of our government,” McCullough told the jury. “These five defendants had agreed – by any means necessary including use of force – to stop Congress” from certifying the election for Biden.

    The defendants – Tarrio, Joseph Biggs, Zachary Rehl, Dominic Pezzola and Ethan Nordean – have all pleaded not guilty to charges, including seditious conspiracy, conspiracy to obstruct and obstructing an official proceeding.

    According to McCullough, the five defendants planned to stop the transfer of power to Biden that day and communicated and organized through messaging apps. McCullough played video of several defendants allegedly tearing down police barricades, attacking officers and ultimately being the first to break into the Capitol, celebrating along the way.

    Why did some Proud Boys dress up like Antifa on January 6?


    09:50

    – Source:
    CNN

    “Victory smoke in the Capitol, boys,” Pezzola, who prosecutors say was the first to break into the Capitol using a riot shield he stole from a police officer, said inside the building, according to a video shown in court. “This is f**king awesome. I knew we could take this mother**ker over [if we] just tried hard enough. Proud of your motherf**king boy.”

    “Don’t f**king leave,” Tarrio allegedly wrote in a public post during the riot.

    Prosecutors played a video of Nordean allegedly celebrating the riot.

    “I was part of f**king storming the Capitol of the most powerful country in the f**king world,” Nordean said.

    On January 7, Rehl allegedly wrote to other Proud Boys: “I’m proud as f**k at what we accomplished yesterday.”

    In their opening statements, defense attorneys repeatedly told jurors that the Proud Boys had no plan to storm the Capitol building on January 6, and were instead caught up in a mob mentality.

    “You will see at trial no evidence that supports the government’s conspiracy claim that these defendants plotted before January 6 to do what the government alleges,” Nordean’s attorney Nick Smith told the jury.

    “It’s only human to say something phenomenal must have caused this,” Smith said of the deadly riot. “But as we often see, that’s not true.”

    But because it is “emotionally unsatisfying” to admit that a mob mentality took over, Smith said, prosecutors “selectively presented messages” to make the Proud Boys a “scapegoat.”

    Tarrio’s attorney Sabino Jauregui also said that his client, who was not in Washington, DC, on January 6, is being blamed for other people’s actions.

    “You see Trump, President Trump, told them the election was stolen,” Jauregui said. “It was Trump that told them to go [to the Capitol]. And it was Trump that unleashed them on January 6. He’s the one that told them to march over there and ‘fight like hell.’”

    He continued: “It’s too hard to blame the politicians on the left and on the right, the ones that use us for their fundraising and their reelection., the ones that pit us against each other… Instead, they go for the easy target, they go for Enrique Tarrio.”

    Jauregui highlighted for the jury that Tarrio, according to Jauregui, had no communication with members of the group that were at the Capitol and never called for attacking the building.

    Rehl’s attorney, Carmen Hernandez, implored the jury to forget everything they had heard about the Proud Boys’ reputation, including allegations that the group is violent or racist.

    “Americans express a lot of opinion about politics, about politicians, about elections, about other public issues,” Hernandez said. “The fact that we state these opinions, I would submit to you, isn’t evidence of a crime.”

    “You all swore to the court that you would put aside any theories, any views you had about the Proud Boys,” Hernandez said, adding, “I am dependent on that.”

    Smith, Jauregui and Hernandez all said that the government has spoken to FBI informants and cooperating Proud Boys who were at the Capitol on January 6. Those witnesses repeatedly emphasized the group had no plan, the attorneys said.

    While several defense attorneys condemned the Capitol riot, Pezzola’s attorney, Roger Roots, used his opening statement to downplay the attack, repeatedly saying that the Proud Boys case is simply about a six-hour delay of Congress.

    “The government makes a big deal of this six-hour recess, from about two o’clock to eight o’clock,” Roots said of Congress’ forced recess on January 6 as rioters stormed the Capitol.

    “Some have called it an attack or even an insurrection,” Roots continued. “The evidence will show that if it was an attack, it might have been one of the lamest attacks that you can imagine.”

    Roots also said his client didn’t “steal” a riot shield from a police officer, as prosecutors have alleged, and suggested that “someone chose not to” fortify the Capitol windows, one of which Pezzola allegedly broke open with the shield.

    Roots closed by asking the jury to question whether Pezzola’s motivation that day was truly to stop Congress from certifying the 2020 election, and to look closely at what his client saw as the “victory” that day.

    “Mr. Pezzola described victory, simply, as taking this motherf**ker,” Roots said.

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    January 13, 2023
  • Brazil police find draft decree intended to overturn election result in former Bolsonaro minister’s home | CNN

    Brazil police find draft decree intended to overturn election result in former Bolsonaro minister’s home | CNN

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    CNN
     — 

    Brazilian police searching the house of former President Jair Bolsonaro’s justice minister found a draft decree proposing the introduction of a state of defense to overturn the result of the country’s presidential election, the ministry’s spokeswoman told CNN.

    Justice Ministry spokeswoman Lorena Ribeiro said Federal Police found the document while carrying out a search and arrest warrant at the house of Anderson Torres on Tuesday.

    She said it proposed implementing a “state of defense” in the Superior Electoral Court while Bolsonaro was still leader in order to overturn the victory of his rival, Luiz Inácio Lula da Silva, in the October election. The draft had not been signed by Bolsonaro, Ribeiro said.

    A state of defense is a legal measure that allows the sitting President to intervene in other areas of government to secure public order. While Bolsonaro lost the October election, he remained president until the end of December.

    CNN has not viewed the document and Torres – who served as justice minister until the Bolsonaro administration left office – has issued a statement on social media denying he was the author of the decree.

    “As Minister of Justice, we are faced with hearings, suggestions, and proposals of the most diverse types,” he wrote. “In my house there was a pile of documents to be discarded, where most likely the material described in the article was found,” he added. “Everything would be taken to be shredded at the Ministry of Justice in due course.”

    Torres suggested that the decree draft had been deliberately leaked to media to discredit him.

    “The cited document was picked up when I wasn’t there and leaked out of context, helping to fuel fallacious narratives against me. We were the first ministry to deliver management reports for the transition (of power),” he said. “I respect Brazilian democracy. I have a clear conscience regarding my role as minister.”

    After leaving government, Torres took office as the head of Security for the Federal District of Brasilia, but was fired on Sunday after protesters breached police barriers and broke into government buildings. He had traveled to Orlando, Florida, allegedly on holiday, just days before the riots and was there as events unfolded.

    Torres vowed to cut his holiday short and face justice after search and arrest warrants were issued by the Brazilian Supreme Court, denying any wrongdoing.

    Brazil’s Federal Supreme Court issued Torres a preventive detention order under an arrest warrant issued on Wednesday.

    The draft documents were first reported by Brazilian newspaper Folha de S. Paulo on Thursday.

    Brazil’s new Justice Minister Flavio Dino told CNN Brasil on Thursday the existence of the draft decree was “appalling” and said what it called for was “unconstitutional.”

    “I didn’t have access to the document and according to the press reports, it was a decree for a coup d’état that emphasizes what we saw on January 8 (the day of the riots), which wasn’t an isolated case. It was an element of a chain, a link in a coup chain in Brazil that had preparatory and astonishing acts, such as a decree of military intervention in the Electoral Court, which is unconstitutional,” Dino said.

    He also criticized Torres for keeping the document at his home. “A public agent, upon becoming aware of a crime, should not keep such a document at home. It is something that really shows the will of closing the Supreme Court, the Congress, of preventing the freedom of the Brazilian people to choose their rulers. And all attempts failed, including the one on January 8.”

    “What can I say to the Brazilian nation is if someone gives me a document of that nature, they would be arrested, because it is criminal. I wouldn’t keep it, I wouldn’t grind it,” Dino said.

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    January 12, 2023
  • Another ‘radical’ change to the Voting Rights Act could reach the Supreme Court | CNN Politics

    Another ‘radical’ change to the Voting Rights Act could reach the Supreme Court | CNN Politics

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    CNN
     — 

    A federal appeals court appears open to further shrinking the scope of the Voting Rights Act in a case that could lead to another major Supreme Court showdown over voting rights.

    The 8th US Circuit Court of Appeals at a hearing on Wednesday considered whether private entities – and not just the US Justice Department – can bring lawsuits under a key provision of the law. Two of the three members of the appellate panel asked questions suggesting they were leaning against the idea that the provision, known as Section 2, could be enforced with private lawsuits.

    If those seeking a narrowing of the VRA are successful, it would significantly diminish the use of the law to challenge ballot regulations and redistricting maps that are said to be racially discriminatory.

    A vast majority of the cases that are brought under the Voting Rights Act – which prohibits election rules that have the intent or effect of discriminating on the basis of race – are brought by private plaintiffs, with the Justice Department facing strained resources and other considerations that limit the number of VRA cases it files to, at most, a few each year.

    Last year, however, a Trump-appointed federal judge in Arkansas – running counter to decades of legal practice – said that private parties do not have the ability to sue under the Section 2.

    During arguments Wednesday about whether the judge’s ruling should be upheld, Circuit Judges Raymond Gruender and David Stras questioned the attorney arguing in favor of a so-called private cause of action whether the parts of Supreme Court and 8th Circuit opinions that her clients were leaning on were “dicta,” i.e. statements that are not binding on lower courts.

    “I am dubious whether that is a holding,” Gruender, an appointee of former President George. W. Bush, said of an 8th Circuit case that ACLU attorney Sophia Lin Lakin argued pointed to the more robust interpretation of VRA enforcement.

    Stras, a Trump-appointee, grilled Lakin on more recent cases from the Supreme Court that scaled back private causes of action in other laws.

    A decision that blocked private parties’ path to court under the VRA would be a “radical” one, said David Becker, an alum of the Justice Department’s voting section who now leads the Center for Election Innovation & Research.

    “It absolutely means it’s more likely that there will be potential partisan mischief that could negatively impact the voters who are protected by the Voting Rights Act,” Becker, who signed a friend-of-the court brief favoring the broader interpretation, told CNN.

    A decision from the 8th Circuit is unlikely to come for at least several weeks.

    The February 2022 ruling by US District Judge Lee Rudofsky that private parties could not sue under Section 2 is believed to be a first-of-its-kind decision. It emerged from a VRA challenge brought by the Arkansas chapter of the NAACP to Arkansas’ state House map.

    Critics of Rudofsky’s ruling noted that it flew in the face of decades of judicial practice – including in multiple Supreme Court cases – where courts considered and decided Section 2 cases brought by private parties. They point to a 1996 Supreme Court case where five justices sanctioned the practice. They also stress that, since it was passed in 1965, the Voting Rights Act has been reauthorized and amended numerous times, and never once has Congress weighed in to say that courts were getting it wrong by hearing Section 2 lawsuits brought by private individuals and organizations.

    However, those in favor of reading the VRA more narrowly have seized on a concurrence by Justice Neil Gorsuch in a 2021 VRA case that called it an “open question” whether the provision has a private cause of action. Only Justice Clarence Thomas signed on to Gorsuch’s concurrence, but it provided Rudofsky with a jumping off point to conclude the answer was no.

    The office of Arkansas Attorney General Leslie Rutledge, who is defending Rudofsky’s ruling, did not respond to CNN’s request for comment. Her briefs argue that Congress intended only for attorney general to bring Section 2 lawsuits and there is a lack of textual support in the Voting Rights Act for a private cause of action for the provision.

    “Despite what the practice has been, when you look at the text of the statute there is a real question as to whether there is a private right of action,” Jason Torchinsky – a GOP election law attorney who represented Arkansas Sen. Tom Cotton in a friend-of-the-court brief arguing against a private cause of action – told CNN.

    At Wednesday’s 8th Circuit hearing, Circuit Judge Lavenski Smith – a George W. Bush appointee who is the chief judge of the appellate court – showed the most skepticism of Arkansas’ arguments against a private cause of action, though Stras also pushed back on some of the more sweeping claims made by Arkansas Solicitor General Nicholas Bronni.

    Those against a private cause of action argue the current interpretation of the law has spawned an ever-increasing amount of private VRA litigation that is overburdening election administrators and injecting chaos into their planning.

    “Courts have essentially assumed that there is this private right of action,” Honest Election Project executive director Jason Snead told CNN.

    “But it’s never actually been determined that there is, and in the absence of the expressed decision by Congress to create a private right of action and put it in the text of the law, courts are not empowered to create one,” said Snead, whose group favors stricter voting laws and filed a friend of the court brief supporting Arkansas.

    Without a private cause of action, enforcement of the Voting Rights Act would shrink drastically. Over the last four decades, private litigation has consistently made up the bulk of the successful Section 2 lawsuits, according to briefs filed in the case, and the number of Section 2 cases brought by the DOJ has trended downward, with the Trump administration bringing just one new lawsuit under the provision.

    Even as the judiciary – and particularly the US Supreme Court – was yanked further to the right under Trump’s makeover of the federal bench, many legal experts are viewing Arkansas’ arguments as a longshot. That the argument is being put forward is nonetheless a sign of how far conservative opponents of the VRA are willing to push the envelope in this legal environment, according to Rick Hasen, an election law professor at UCLA School of Law.

    “In any fair reading of the Voting Rights Act, this argument is an easy loser, but we’ll see,” Hasen told CNN. “I don’t count anything out these days.”

    This story has been updated with additional details.

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    January 12, 2023
  • House Oversight chairman seeks Biden family financial transaction data | CNN Politics

    House Oversight chairman seeks Biden family financial transaction data | CNN Politics

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    CNN
     — 

    Rep. James Comer, in one of his first moves as House Oversight Chairman, is seeking information from the Treasury Department about the Biden family’s financial transactions and calling on a handful of former Twitter executives to testify at a public hearing.

    The new round of letters from the committee come as House Republicans are looking to flex their investigative might and make good on promises to delve into the Biden family finances and alleged political influence over technology companies after Twitter temporarily suppressed a 2020 story about Hunter Biden and his laptop.

    “Now that Democrats no longer have one-party rule in Washington, oversight and accountability are coming,” Comer said of his panel’s investigation into Hunter Biden and the Biden family’s business dealings. “This investigation is a top priority for House Republicans during the 118th Congress.”

    Comer requested Treasury Secretary Janet Yellen provide his panel with bank activity reports for Hunter Biden, President Biden’s brother James Biden and several Biden family associates and their related companies.

    “The Committee on Oversight and Accountability is investigating President Biden’s involvement in his family’s foreign business practices and international influence peddling schemes,” Comer wrote to Yellen.

    Comer tried to acquire these bank activity reports, known as Suspicious Activity Reports, repeatedly when Republicans were in the minority but was largely unsuccessful. Comer has said he has only seen two and did not reveal the source of those reports.

    Comer has previously pointed to the bank activity reports – known as Suspicious Activity Reports – as evidence of potential wrongdoing by Joe Biden’s family members. But such reports are not conclusive and do not necessarily indicate wrongdoing. Each year, financial institutions file millions of suspicious activity reports and few lead to law enforcement inquiries.

    The White House accused Republicans of engaging in “political stunts” following Comer’s request Wednesday.

    “In their first week as a governing majority, House Republicans have not taken any meaningful action to address inflation and lower Americans’ costs, yet they’re jumping out of the gate with political stunts driven by the most extreme MAGA members of their caucus in an effort to get attention on Fox News,” Ian Sams, a spokesman for the White House Counsel’s office, said in a statement. “The President is going to continue focusing on the important issues the American people want their leaders to work together on, and we hope House Republicans will join him.”

    Comer also is seeking communications within the Treasury Department, its financial crimes enforcement division and the White House regarding those family members and related businesses and associates, all of which he wants to be returned by January 25.

    The letters to former Twitter officials offer a path to Comer’s investigative schedule ahead. The letters to former head of legal, policy and trust Vijaya Gadde; former head of trust and safety Yoel Roth; and former deputy general counsel James Baker call on the trio to appear in a public hearing the week of February 6. They come after Comer sent an earlier round of letters in December requesting their testimony.

    “Your attendance is necessary because of your role in suppressing Americans’ access to information about the Biden family on Twitter shortly before the 2020 election,” each of the letters to the former Twitter employees states.

    Republicans have seized on the so-called Twitter files as evidence of government censorship, although none of the messages released so far show the FBI explicitly telling Twitter to suppress a story that included material from a laptop belonging to Hunter Biden. An FBI agent at the heart of the controversy as well as several federal officials and tech executives have all denied there was any such order, CNN previously reported.

    Roth, meantime, has said publicly that the Hunter Biden story appeared as though it could be the product of a hack-and-leak operation, but he has denied that he personally tried to censor the story.

    “It’s widely reported that I personally directed the suppression of the Hunter Biden story. That is not true. It is absolutely, unequivocally untrue,” Roth told tech journalist Kara Swisher in a podcast interview last year.

    Comer’s demands come as both he and Judiciary Chairman Jim Jordan have vowed to investigate the federal government’s influence over tech companies.

    In an interview with CNN earlier this week, Comer suggested that Judiciary staff could sit in on some of his committee’s interviews if there are common areas of interest, like with Twitter.

    “There is some overlap but that won’t be a problem for Jim and I,” Comer said in the interview. “He knows who we’re bringing in. We know who he’s bringing in.”

    This story has been updated with additional developments Wednesday.

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    January 11, 2023
  • Progressive Rep. Katie Porter launches bid for Feinstein’s California Senate seat | CNN Politics

    Progressive Rep. Katie Porter launches bid for Feinstein’s California Senate seat | CNN Politics

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    CNN
     — 

    California Rep. Katie Porter announced a 2024 Senate bid on Tuesday, launching her campaign for Sen. Dianne Feinstein’s seat in what could be a bruising Democratic primary.

    The 89-year-old Feinstein, a member of the Senate since 1992, has not yet made public her own plans for 2024, and her office did not respond to a request for comment on Porter’s announcement. However, many Democrats believe she is likely to retire rather than seek a sixth full term.

    Porter, a former law professor who has proven to be a prolific fundraiser since first winning her Orange County-area House seat in 2018, survived a tough reelection bid in 2022, when the redistricting process placed her home in Irvine within a 47th District in which she had to newly introduce herself to about two-thirds of voters.

    Porter, who studied under future Sen. Elizabeth Warren at Harvard Law School, is best known nationally for her sharp questioning in House oversight committee hearings. She is also a leading progressive, serving as deputy chair of the Congressional Progressive Caucus.

    “California needs a warrior in the Senate – to stand up to special interests, fight the dangerous imbalance in our economy, and hold so-called leaders like Mitch McConnell accountable for rigging our democracy,” Porter said Tuesday in a tweet accompanied by a video announcing her candidacy.

    If Feinstein were to retire, it would likely set off a crowded scramble for the high-profile Senate seat in the country’s most populous state.

    Other potential contenders could include Rep. Adam Schiff, Lt. Gov Eleni Kounalakis, Attorney General Rob Bonta and US Secretary of Health and Human Services Xavier Becerra, a former longtime member of Congress.

    Schiff, who views the senator as a mentor, went to see Feinstein in December to tell her that he was thinking about running, in what a source familiar with the meeting said was intended to show her due respect.

    Feinstein has filed 2024 reelection paperwork with the FEC, but has faced criticism recently about her fitness for the job. She rejected those suggestions, telling CNN last year that she feels “absolutely” able to serve fully in her position, adding: “I think that’s pretty obvious.”

    This story has been updated with additional reporting.

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    January 10, 2023
  • Musk’s Twitter restores accounts of prominent election deniers two years after Jan. 6 attack | CNN Business

    Musk’s Twitter restores accounts of prominent election deniers two years after Jan. 6 attack | CNN Business

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    New York
    CNN
     — 

    Elon Musk’s Twitter has restored the accounts of two prominent election deniers who were banned from the platform following the January 6, 2021 attack on the US Capitol.

    “Stop the Steal” organizer Ali Alexander’s account was restored on Monday. Alexander assumed a leadership role in the movement that discredited the 2020 election in the weeks leading up to January 6.

    Asked by the January 6 Committee what platform he used to promote events in the lead-up to that day, Alexander responded, “Primarily Twitter,” according to his deposition to the committee made public last month. He has not been charged with a crime.

    In the months since Musk took ownership of Twitter, the self-proclaimed “free speech absolutist” has restored the accounts of high-profile figures who were banned from the platform following the January 6 attack, including former President Donald Trump, former national security adviser Michael Flynn, and others.

    As unrest unfolded in Brazil on Sunday, Alexander appeared to cheer on the attack, posting on his Truth Social account a Brazilian flag emoji and the message, “I do NOT denounce unannounced impromptu Capitol tours by the people.”

    Overnight on Monday, Twitter also restored the account of Ron Watkins – a prominent conspiracy theorist who then-President Trump retweeted multiple times in the days before the assault on the Capitol.

    Watkins played a central role in spreading conspiracy theories about voting machine and the 2020 election.

    Watkins’ father, Jim, is the owner of the hate-filled online message board 8kun that is home to the QAnon conspiracy theory. An HBO documentary in 2021 identified Ron as potentially being the anonymous figure behind the conspiracy theory, an assertion that Ron has denied.

    Jim Watkins was interviewed by the January 6 committee last year, where he denied under oath that he or his son Ron posed as “Q.”

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    January 10, 2023
  • Don’t try to make sense of Biden’s border policy | CNN Politics

    Don’t try to make sense of Biden’s border policy | CNN Politics

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    A version of this story appears in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.



    CNN
     — 

    President Joe Biden’s immigration policy is confusing and full of contradictions.

    Make some sense of these developments:

    Biden …

    • made his first visit to the border as president on Sunday, but failed to see any migrants …
    • is expanding former President Donald Trump’s border policy, known as Title 42, even though Biden says he doesn’t like it …
    • asked courts to end that Trump-era policy, but seemingly had no workable plan for when they nearly did …
    • has traveled to Mexico City for a summit with North American leaders, but his White House is making very clear they aren’t anticipating any progress on the border crisis …
    • watches on as Texas Gov. Greg Abbott, in particular, freelances his own border security with increasingly elaborate stunts to argue the border is too porous. The latest involves adding a wall of shipping containers to the border at El Paso, Texas.

    How did Biden visit an aid center at the border during an admitted crisis and fail to encounter any actual migrants?

    “There just weren’t any at the center when he arrived,” a senior administration official said in Priscilla Alvarez and MJ Lee’s report for CNN. “Completely coincidental. They haven’t had any today.”

    Granted, border crossings have dropped in the new year.

    But Alvarez and Lee point to on-the-ground reporting from CNN’s Rosa Flores that “hundreds of migrants, including children, were living on the street after crossing into the United States in El Paso. And nearly 1,000 additional migrants were in federal custody in detention facilities in El Paso on Sunday, according to the City of El Paso’s migrant dashboard.”

    Abbott hand-delivered a message to Biden on the tarmac in El Paso complaining Biden hasn’t paid enough attention to the border. The strongly worded letter was also posted on Abbott’s website.

    “Your visit avoids the sites where mass illegal immigration occurs and sidesteps the thousands of angry Texas property owners whose lives have been destroyed by your border policies,” Abbott wrote.

    Rather than meet with migrants, Biden focused on meeting with border enforcement personnel, including in a quick stop alongside an iron fence between the US and Mexico. Reporters were kept at a distance. Read the full report from Alvarez and Lee.

    What’s no coincidence is the administration’s hard-to-follow immigration policy.

    As part of the new immigration plan announced last week, Biden said the US would accept up to 30,000 migrants per month from Cuba, Haiti, Nicaragua and Venezuela into a humanitarian “parole program,” but then also made clear Title 42 would be applied in a new way, continuing the policy of turning away more people at the border.

    The idea is to get people to apply legally from home rather than just show up at the border.

    CNN’s Catherine Shoichet does an admirable job of trying to keep track of Biden’s relationship with Title 42, the Trump-era pandemic policy written by the US Centers for Disease Control and Prevention, not Congress, and which has morphed into de facto US immigration policy.

    It allows the government to turn away more migrants at the border. When it appeared Title 42 would lapse at the end of 2022, a mass of migrants gathered at the border in anticipation.

    “Officials have claimed court decisions left them with no other choice, but they’ve also chosen to expand the policy beyond any court’s order,” Shoichet writes.

    Take a look at her timeline of the Biden administration’s evolution on Title 42. The recent expansion of the policy came after the Supreme Court required officials to maintain it.

    A group of Democratic lawmakers said they were “deeply disappointed” in the new version of the policy, which they argued would “do nothing to restore the rule of law at the border.”

    “Instead, it will increase border crossings over time and further enrich human smuggling networks,” Sens. Cory Booker and Robert Menendez of New Jersey, Ben Ray Lujan of New Mexico and Alex Padilla of California wrote in a joint statement.

    It’s a concern Biden actually shares. Even though he is essentially expanding the policy, the president also acknowledged last week his move could makes things worse because it almost encourages people turned away at the border to try repeatedly to enter the US.

    White House officials are tamping down expectations for Biden’s meeting with Mexican President Andrés Manuel López Obrador, who is often referred to in shorthand as AMLO.

    Mexico recently agreed to accept up to 30,000 migrants per month from the four countries included in the new policy who attempt to enter the US and are turned back.

    AMLO has suggested Mexico could accept more. But national security adviser Jake Sullivan said the policy will need time to play out before anyone should expect tweaks.

    While it’s hard to make sense of Biden’s border policy, it’s important to remember the systemic dysfunction of the US border debate that has paralyzed Congress for decades.

    The issue of immigration is top of mind for Republicans who now control the House, but it’s not at all clear there will be any movement toward the kind of bipartisan and comprehensive efforts that could change things.

    Meantime, Biden will be left to the existing policies, even if they were written under the previous administration and kept in place, for now, by the Supreme Court.

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    January 10, 2023
  • Giuliani subpoenaed amid special counsel investigation into Trump’s fundraising | CNN Politics

    Giuliani subpoenaed amid special counsel investigation into Trump’s fundraising | CNN Politics

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    Washington
    CNN
     — 

    Special counsel Jack Smith’s team has subpoenaed Donald Trump’s former attorney Rudy Giuliani, asking him to turn over records to a federal grand jury as part of an investigation into the former president’s fundraising following the 2020 election, according to a person familiar with the subpoena.

    The subpoena, which was sent more than a month ago and has not been previously reported, requests documents from Giuliani about payments he received around the 2020 election, when Giuliani filed numerous lawsuits on Trump’s behalf contesting the election results, the person said.

    Prosecutors have also subpoenaed other witnesses who are close to Trump, asking specifically for documents related to disbursements from the Save America PAC, Trump’s primary fundraising operation set up shortly after the 2020 election, according to other sources with insight into the probe.

    Taken together, the subpoenas demonstrate prosecutors’ growing interest in following the money after the 2020 election as part of their sweeping criminal probe around Trump’s efforts to overturn his loss of the presidency.

    Save America was part of broader fundraising efforts by Trump and the Republican Party that raised more than $250 million after the election. Since then, the political action committee has compensated several lawyers who now represent Trump and his allies in January 6-related investigations.

    The subpoenas to other witnesses in addition to Giuliani were sent in late December, according to the other sources.

    The information the prosecutors seek is still being collected, the sources said. With Giuliani, the investigators have prioritized getting financial information from him, one person said.

    The inquiry to Giuliani came from David Rody, a former top prosecutor in New York who specializes in gang and conspiracy cases and is assisting Smith with examining a broader criminal conspiracy after the election, according to some of the sources.

    In response to being informed of CNN’s reporting on Giuliani’s subpoena and asked for a statement, Ted Goodman, his adviser, said, “The mayor is unaware of the specific claims by this so-called ‘anonymous source,’ and therefore is not in position to respond.”

    A spokesman for the special counsel’s office declined to comment.

    A representative for Trump has not responded to a request for comment.

    CNN previously reported the Justice Department in September subpoenaed witnesses for financial details about the Save America PAC, and that a portion of Smith’s office would dig into possible financial and campaign contribution crimes. The Giuliani subpoena and other December subpoenas represent a new round of inquiry, now from Smith’s office, which took shape over the holidays.

    After the election, Trump and the Republican National Committee raked in millions of dollars as they told supporters the election was being stolen, marketing the fundraising effort as election defense. At the time, some officials working on the fundraising effort knew that Joe Biden’s electoral win was legitimate, despite Trump’s insistence it was fraudulent, the House Select Committee found in its own investigation.

    Smith’s office hasn’t brought any charges. Federal prosecutors in New York previously investigated Giuliani for activities in Ukraine during the Trump presidency. While that led to prosecutors accessing his electronic devices, they declined to charge him with any crime.

    Giuliani is likely to be a central figure in any probe of Trump’s close political circles after the election. After serving as Trump’s private attorney during the Mueller investigation into Russian interference in the 2016 election, the former chief federal prosecutor and mayor of Manhattan dove into Trump’s attempts to claim electoral victory. He unsuccessfully argued a case before a federal judge in Pennsylvania – where Trump sought to throw out the popular vote – and connected with state lawmakers as he tried to convince them of election fraud.

    In the weeks after the 2020 election, Giuliani also held freewheeling press conferences, repeating allegations that he never could prove.

    A Trump campaign attorney told the January 6 committee that Giuliani had asked to be paid $20,000 a day for his post-election work for Trump. The campaign declined to pay him that, according to election and House select committee public records.

    Subpoenas issued last year to a wide swath of Trump-connected witnesses also asked questions about the Save America PAC, including how its funds were used in 2020 and early 2021, and about Giuliani, as CNN previously reported.

    Giuliani hasn’t personally received distributions directly from the PAC, according to campaign finance records. Yet his company, Giuliani Partners, was paid $63,400 for travel reimbursement by Trump’s campaign committee in mid-December 2020. Giuliani’s New York-based security company also received a $76,500 payment from another Trump-backed entity, the Make America Great Again PAC, for travel expenses, in early February 2021, according to the records.

    In addition to the financial inquiry, Smith’s office is also pursuing possible criminal cases around the Trump campaign’s use of fake electors in battleground states and the pressure on Congress and then-Vice President Mike Pence to overturn the election’s result. In all of those schemes, Giuliani was a central player.

    In his House select committee testimony, Giuliani explained that his team working with Trump pivoted to focus on state legislatures that could block the election result after his attempts failed in the courts. The New York state bar suspended him from practicing law because of his 2020 election efforts, and he’s also facing an attorney discipline proceeding in Washington, DC.

    He declined to answer some questions the House asked about his work for Trump after the election, citing attorney confidentiality. Giuliani could try to make similar claims in the federal investigation, though the Justice Department has legal mechanisms in which it can try to overcome witness refusals to answer questions.

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    January 9, 2023
  • The most chilling warning for Americans from Brazil’s version of January 6 | CNN Politics

    The most chilling warning for Americans from Brazil’s version of January 6 | CNN Politics

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    CNN
     — 

    On the face of it, the mob storming of government buildings in Brazil in support of a defeated ex-president making false claims of electoral fraud looks like a copycat assault on democracy inspired by the US Capitol insurrection.

    But for Americans, the reality of the comparison between the insurrection inspired by the 45th US president on January, 6, 2021, and the latest revolt by supporters of former Brazilian President Jair Bolsonaro, dubbed “Trump of the Tropics,” is even more troubling. Brazil is in turmoil after hundreds of Bolsonaro supporters stormed congressional buildings, the Supreme Court and the presidential palace in the capital Brasilia. The assault came a week after the inauguration of President Luiz Inacio Lula da Silva, who returned to power after a 12-year hiatus following a victory over Bolsonaro in a run-off election on October 30.

    While many elements of the situation in Brazil overlap with the populist conservatism epitomized by former President Donald Trump’s inner circle in the US, it also poses the question of whether the US, under assault from its own anti-democratic movement, is beginning to resemble the political turmoil that has long raged in less stable regions of the world.

    For now, there are growing questions over whether key extremists in Trump’s inner circle, like Steve Bannon, helped fan the violence in Brasilia and doubts over the Brazilian election, as part of a bid to destabilize democracies worldwide.

    Bolsonaro did not explicitly provoke the gathering of protesters as Trump did, and was not in the country at the time of the riot. He did, however, adopt the Trump playbook, sowing doubt about the vote’s legitimacy, refusing to concede his election loss and profiting from disinformation spread on social media. But his behavior is not necessarily an outlier in a nation and a continent where democracy is perpetually fragile and at risk.

    Brazil was a military-run dictatorship until 1985 after the crushing of an earlier attempt at democracy, and civilian self-government since then has often been rocked by corruption, fears of military takeovers and prosecutions of former presidents. The erosion of democracy and the use of violence as a political tool were a feature of much of the Western Hemisphere long before Trump latched onto them.

    So, while it may look like Brazilian extremists are copying their brethren in the US, the world’s most important democracy could actually be importing the characteristics of malfunctioning and chaotic political societies abroad.

    Violence had long been feared following October’s election. Bolsonaro supporters, spurred by his false claims of electoral fraud, that mirrored Trump’s own behavior after the 2020 election, clearly incited his supporters. Just as in the United States, there are elements among Brazilian legislators and in political power in the states who support Bolsonaro and his efforts to undermine democracy.

    The new House majority in Washington is packed with Republican members who voted not to certify President Joe Biden’s election victory in 2020 based on false claims of ballot fraud. And the new Speaker Kevin McCarthy only finally won the job on a 15th ballot after an intervention from Trump – poignantly on the night that marked the second anniversary of Congress returning to work after the Capitol riot.

    In other echoes of January 6, Bolsonaro – like his populist, nationalist political cousin Trump – is currently in Florida. Like the 45th US president, he also prepared to undermine the election in advance and refused to concede defeat after making complaints about voting machines that were rejected by judges. The closest he got was when he said he would comply with the Constitution.

    So far, Brazil’s democracy, as America’s did two years ago, has held firm, and protesters have been flushed out of government buildings. But the Biden administration has been concerned from the start about the implications of Bolsonaro’s election denialism in a nation that is a political and economic fulcrum in Latin America. It warned publicly and in private, weeks before the election that then-President Bolsonaro should not sabotage democracy, clearly understanding the parallels with Trump and more broadly the dangers facing Brazilian democracy since the end of military rule in the 1980s.

    Biden, who has put the threats to global democracy at the center of his foreign policy, condemned the assault on democracy and on the peaceful transfer of power in a tweet. “Brazil’s democratic institutions have our full support and the will of the Brazilian people must not be undermined,” Biden wrote. “I look forward to continuing to work with @LulaOficial,” he wrote, referring to the current president.

    But the violence in Brazil came as a jolt after the last year in which democracy appeared to be making a comeback around the world, including in the United States where voters in some swing states rejected election denialism pushed by many of Trump’s political proteges in the midterm elections.

    The most powerful example that Washington can send to Brazil, and other nations where political systems are under duress, is that democracy bent but didn’t break in 2021, and that those who threatened it are starting to be held to account.

    But two dates, January 6 in the US and January 8 in Brazil, now stand as flashing warning signs that the health and survival of free elections anywhere cannot be taken for granted.

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    January 9, 2023
  • Biden struggles to confirm judges in the South and thwart Trump’s impact | CNN Politics

    Biden struggles to confirm judges in the South and thwart Trump’s impact | CNN Politics

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    CNN
     — 

    President Joe Biden and Senate Democrats have moved quickly to appoint scores of judges during the past two years, outpacing former President Donald Trump, but they have stalled in the South.

    The dearth of nominees offered in southern states, notably where both US senators are Republican, threatens to undercut Biden’s large-scale effort to counteract Trump’s effect on the federal judiciary, particularly to bolster civil rights and ensure voter protections.

    The Biden team’s well-documented diversification of the courts – nominees have been overwhelmingly women and people of color, such as Supreme Court Justice Ketanji Brown Jackson, and offered professional diversity, including public defenders and civil rights lawyers – has withered when it comes to district courts in Alabama, Florida, Louisiana and Texas, where more than a dozen such court vacancies exist.

    “That is where the entrenchment of hyper-conservatism is real and difficult to uproot,” said Janai Nelson, president and director-counsel of the NAACP Legal Defense Fund.

    The pattern of vacancies, particularly in the South, is not lost on the Biden selection team, led by political veterans with deep experience in judicial selection and confirmation. (Biden, himself, as a senator from Delaware, once led the Senate Judiciary Committee.)

    “All of these seats are deeply important to us. We care about all of these vacancies,” Paige Herwig, senior counsel to the President, told CNN. “It’s not a secret that a large number of vacancies are in states with two Republican senators. But we are always here in good faith. We are here to work with home state senators.”

    Many states beyond the South with two GOP senators, such as Idaho, Oklahoma and Utah, lack nominees for court vacancies, but the South is disproportionately affected because of its sheer population and number of open seats. The South also endures as a battleground for intense litigation over civil rights and liberties.

    Federal judges are appointed for life and can become a president’s most enduring legacy. Judges’ effect on American life is clear, from the top at the Supreme Court, down to district court judges who decide which litigants even get to trial.

    District courts are “the gateway to access to justice,” Nelson said.

    District court judges have also shown their muscle in recent years by blocking executive branch policy with nationwide injunctions. Biden’s early initiatives, notably over immigration and student-debt relief, were first thwarted in lower courts by Republican-appointed judges.

    During Biden’s first two years, the White House and Senate Democrats plainly prioritized judicial vacancies in blue states, where they could make swift and immediate progress.

    Overall, Biden won confirmations for 97 appointments to the US district courts, appellate bench and Supreme Court over the past two years.

    For the comparable two-year period, Trump, who set out to transform the federal courts the help of White House counsel Don McGahn and Senate Republican Leader Mitch McConnell, had named 85 judges. They scouted out likeminded conservative ideologues and then accelerated appointments in the following years by openly encouraging judges to retire to generate more vacancies.

    U.S. Supreme Court says Trump-era border policy to remain in effect while legal challenges play out


    10:08

    – Source:
    CNN

    Like other progressive leaders, Nelson praises the Biden focus on a more diverse bench. Yet she said the White House could step up the pace of nominations and the Senate can move faster on the nominees it has received.

    “Nancy Abudu is an excellent example of someone whose nomination has been stalled,” Nelson said. Abudu, a litigation director at the Southern Poverty Law Center, would, if confirmed, be the first Black woman on the US appeals court for the 11th Circuit, covering Alabama, Georgia and Florida. She was designated for an open Georgia seat and endorsed by the state’s two senators, both of whom are Democrats.

    The Senate Judiciary Committee, which had been evenly split between Democrats and Republicans last year, deadlocked in May on Abudu’s nomination, and she had been awaiting a procedural vote by the full Senate that then would have allowed an up-or-down vote on confirmation. Biden has renominated her for the new Congress.

    The question now is whether the White House will be able to ramp up negotiations with red-state senators and whether the Senate Judiciary Committee, led by Illinois Sen. Dick Durbin, will ease the practice of requiring district court nominees to have the backing of home-state senators.

    By the terms of the Constitution, a president seeks the “advice and consent” of the Senate judicial appointments. Senators traditionally have influenced the selection of nominations to district and appellate courts in their home states, even to the point of blocking a disfavored candidate. In recent years, however, presidents have been able to wield more latitude for appeals court nominations.

    The Judiciary Committee, however, will not hold a hearing on a district court nomination unless both home-state senators have signed off, in what’s referred to as the “blue slip” process. These blue slips of paper, as they are relayed to the committee, are intended to signify that a home-state senator has been consulted in the president’s choice. For Biden’s judicial selections, that process poses significant roadblocks.

    Herwig, overseeing the judicial selection machinery, stresses that Biden is trying to generate consensus and says appointments for a Louisiana-based seat on the US Court of Appeals for the 5th Circuit (Judge Dana Douglas) and Indiana-based seat on the 7th Circuit (Judge Doris Pryor), which arose from some dealings with GOP senators, “demonstrate that there are possibilities to work together.” The Senate confirmed Douglas and Pryor, both former US magistrate judges, in December.

    A second seat on the powerful 5th Circuit appellate court, covering Texas, Louisiana and Mississippi, is open with no nominee. Judge Gregg Costa, based in Texas, had announced about a year ago that he would be resigning in August 2022.

    While a good portion of the open seats can be chalked up to Democratic and Republican differences, another notable appellate vacancy – for a Maryland seat on the US Court of Appeals for the 4th Circuit – rests in Democratic hands.

    Judge Diana Gribbon Motz, an appointee of former President Bill Clinton, announced her retirement more than a year ago, and made it effective in September 2022. But Biden and Sen. Ben Cardin, Maryland’s senior senator, have been at odds over a successor, and the White House apparently does not want to more forward without Cardin’s backing. Herwig would not comment on that vacancy, and a Cardin spokeswoman said the senator was awaiting word from the White House on his suggested nominees.

    In the meantime, the 4th Circuit, resolving appeals from Maryland, North Carolina, South Carolina, Virginia and West Virginia district courts, remains closely divided with seven Democratic and six Republican appointees.

    Biden’s team signaled from the start its priority for the judiciary, and White House chief of staff Ron Klain, a former Supreme Court law clerk, has been fixated on filling the bench. Klain worked with then-Sen. Biden on the Judiciary Committee and separately helped evaluate judicial candidates in the Clinton and Obama administrations.

    Herwig is a product of the Senate, too, previously serving two Democratic senators who sit on the Judiciary Committee, Dianne Feinstein and Amy Klobuchar.

    In the South, however, where voting rights and immigration disputes rage, change has been slow. Going forward, as Democrats gained one more seat in the November midterm elections toward their Senate majority, southern states are likely to become a critical arena for an administration determined to reshape the bench.

    The Administrative Office of the US Courts reports that as of January 6, there were 82 vacancies on federal district and appellate courts. Biden has designated nominees for only about half of those vacancies. (There are a total 677 authorized judgeships at the trial-level US district courts, 179 on the US courts of appeals and nine on the Supreme Court.)

    The South has a disproportionate share of those vacancies without nominations.

    Of all 50 states, Florida and Louisiana have the most openings with no nominees pending, 4 apiece. Texas has three vacancies with no nominees pending, and Alabama two (one dating to mid-2020) with no nominees offered.

    It is plain, given the number of vacancies and how long some have existed, that it will not be easy to fill them. And it is unclear whether the Democratic White House and Republican senators are truly talking to each other, or actually talking past each other.

    Press secretaries for Texas Sens. John Cornyn and Ted Cruz, both members of the Senate Judiciary Committee, deeply invested in the ideology of the bench, and regularly opposing Biden appointees, said the senators were working with the administration on judges.

    In Louisiana, the communications director to Sen. John Kennedy, another member of the Judiciary Committee, said Kennedy’s office had no information to provide on possible appointments in Louisiana.

    Ryann DuRant, press secretary to Alabama Republican Sen. Tommy Tuberville, said the White House reached out to Tuberville soon after he became a senator in 2021 to address the courts, but that since then, “there has been radio silence from the White House.”

    “When the White House is ready to move forward on Alabama judicial nominees,” DuRant added in a statement, “Senator Tuberville welcomes the opportunity to discuss as a part of his role to provide advice and consent.”

    McKinley Lewis, communications director for Florida Sen. Rick Scott, said the senator welcomed “an open, good faith dialogue with the White House to ensure any nominees to serve on Florida’s federal courts will respect the limited role of the judiciary and will not legislate from the bench.”

    Herwig declined to detail any conservations yet stressed that there was no senator with whom her team would not work.

    It’s unclear whether the Senate Judiciary Committee will feel increased pressure, from its Democratic ranks or from outside liberal interests, to amend the “blue slip” process.

    Trump’s total appointments in four years reached 231, a figure that might be hard for Biden to match, if stalemates continue in Republican-dominated locales.

    There are at least another 20 vacancies expected in 2023, based on information gathered by the Administrative Office of the US Courts. About a third of those are in southern locales.

    At some point, judges weighing retirement, and equally concerned about whether Biden could successfully tap a replacement, may simply opt against stepping down during his remaining presidency.

    In the Trump years, his GOP allies openly encouraged judges thinking about retirement to just do it. It was a sign of how vigorously Republican leaders wanted to shape the courts.

    Speaking specifically of Supreme Court justices, former Senate Judiciary Committee Chairman Chuck Grassley said in a 2018 radio interview, “If you’re thinking about quitting this year, do it yesterday.”

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    January 9, 2023
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