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  • Democratic senator calls Samuel Alito ‘stunningly wrong’ on Supreme Court ethics controversy | CNN Politics

    Democratic senator calls Samuel Alito ‘stunningly wrong’ on Supreme Court ethics controversy | CNN Politics

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    Washington
    CNN
     — 

    Democratic Sen. Chris Murphy of Connecticut on Sunday called Justice Samuel Alito “stunningly wrong” in his contention that Congress should stay out of the Supreme Court’s business and stop trying to impose ethics rules.

    “It is just wrong on the facts to say that Congress doesn’t have anything to do with the rules guiding the Supreme Court. In fact, from the very beginning, Congress has set those rules,” Murphy told CNN’s Kasie Hunt on “State of the Union.”

    “But it is even more disturbing that Alito feels the need to insert himself into a congressional debate. And it is just more evidence that these justices on the Supreme Court, these conservative justices, just see themselves as politicians. They just see themselves as a second legislative body that has just as much power and right to impose their political will on the country as Congress does.”

    Spurred by a string of stories about alleged ethics violations by justices, Senate Democrats have advanced legislation meant to create a code of ethics for the Supreme Court.

    But Alito, a conservative appointed by President George W. Bush, maintained in an interview published in The Wall Street Journal’s opinion section Friday that “Congress did not create the Supreme Court” and doesn’t have the authority to regulate it.

    “I marvel at all the nonsense that has been written about me in the last year,” Alito said in the interview, adding that “the traditional idea about how judges and justices should behave is they should be mute.”

    The high court has repeatedly evaded requests in recent months to adopt a binding code of conduct, instead responding to allegations of ethical improprieties by releasing statements outlining and defending its current procedures.

    That has failed to satisfy critics in the wake of an array of media reports shining a spotlight on how the justices are leading their lives off the bench, triggering questions about whether they are improperly benefiting from their positions.

    “They are going to bend the law in order to impose their right-wing view of how the country should work on the rest of us,” Murphy said Sunday of the court’s conservative justices.

    “And it’s why we need to pass this commonsense ethics legislation to at least make sure we know that these guys aren’t in bed having their lifestyles paid for by conservative donors, as we have unfortunately seen in these latest revelations,” Murphy said.

    The ethics legislation is not expected to get the 60 votes required to advance on the floor of the Democratic-controlled Senate. And even if it did, the GOP-led House is unlikely to take it up.

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  • Biden’s student loan forgiveness program faces a new threat from Senate Republicans | CNN Politics

    Biden’s student loan forgiveness program faces a new threat from Senate Republicans | CNN Politics

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    Washington
    CNN
     — 

    President Joe Biden’s student loan forgiveness program may face a new threat from Senate Republicans even before the US Supreme Court rules on whether it can be implemented.

    Republican Sens. Bill Cassidy of Louisiana, Joni Ernst of Iowa and John Cornyn of Texas are planning to introduce a resolution to overturn Biden’s debt relief program, which promises up to $20,000 of debt relief for eligible borrowers, as soon as this week.

    Biden would very likely veto the measure if it succeeds in both the Senate and House. But votes would force members of his own party, who have not all been in support of the student loan forgiveness program, to take a public stance.

    The program is currently blocked. The Supreme Court is expected to issue its ruling in late June or early July.

    “President Biden’s student loan scheme does not ‘forgive’ debt, it just transfers the burden from those who willingly took out loans to those who never went to college, or sacrificed to pay their loans off,” Cassidy said in a statement.

    The Republican senators plan to introduce their resolution using the Congressional Review Act, which allows Congress to roll back regulations from the executive branch without needing to clear the 60-vote threshold in the Senate that is necessary for most legislation.

    It was unclear whether the Congressional Review Act would apply to Biden’s student loan forgiveness program until the Government Accountability Office made a determination on the matter earlier this month.

    Biden issued his first veto last week concerning a retirement investment resolution, which was also brought under the Congressional Review Act.

    While many key Democratic lawmakers have urged Biden to cancel some federal student loan debt, not every member of the party has been supportive.

    Sen. Catherine Cortez Masto, a Democrat from Nevada who won a competitive reelection race last year, has previously been critical of Biden’s forgiveness plan.

    “I’ll review the full text of the CRA when it is released, but like I said before, I disagree with President Biden’s executive action on student loans because it doesn’t address the root problems that make college unaffordable,” she said in a statement sent to CNN.

    Her statement was first reported by The Wall Street Journal.

    Democratic Sen. Joe Manchin of West Virginia has previously called Biden’s student loan forgiveness program “excessive.” His office did not respond to a request for comment for this story.

    Biden’s one-time student debt forgiveness program is estimated to cost $400 billion over time.

    Individual borrowers who made less than $125,000 in either 2020 or 2021 and married couples or heads of households who made less than $250,000 a year could see up to $10,000 of their federal student loan debt forgiven.

    If a qualifying borrower also received a federal Pell grant while enrolled in college, the individual is eligible for up to $20,000 of debt forgiveness. Pell grants are awarded to students from very low-income families who are more likely to struggle paying back their student loans.

    While the debt relief would help borrowers with student loans now, the program wouldn’t change the cost of college in the future – and some critics argue that it could even lead to an increase in tuition. A separate proposal from Biden, expected to take effect later this year, would create a new income-driven repayment plan that could lower monthly payments for both current and future borrowers.

    The legal challengers to the student loan forgiveness program argue that the Biden administration is abusing its power and using the Covid-19 pandemic as a pretext for fulfilling the president’s campaign pledge to cancel student debt.

    The White House has said that it received 26 million applications before a lower court in Texas put a nationwide block on the program in November, and that 16 million of those applications have been approved for relief – though no debt has been canceled yet. It’s possible the government moves quickly to forgive those debts if it gets the green light from the Supreme Court.

    If the justices strike down Biden’s student loan forgiveness program, it could be possible for the administration to make some modifications to the policy and try again – though that process could take months.

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  • Donald Trump has been indicted following an investigation into a hush money payment scheme. Here’s what we know | CNN Politics

    Donald Trump has been indicted following an investigation into a hush money payment scheme. Here’s what we know | CNN Politics

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    CNN
     — 

    Former President Donald Trump’s indictment by a New York grand jury has thrust the nation into uncharted political, legal and historical waters, and raised a slew of questions about how the criminal case will unfold.

    The Manhattan District Attorney’s office has been investigating Trump in connection with his alleged role in a hush money payment scheme and cover-up involving adult film star Stormy Daniels that dates to the 2016 presidential election.

    Though the indictment – which has been filed under seal – has yet to be unveiled, Trump and his allies have already torn into Bragg and the grand jury’s decision, blasting it as “Political Persecution and Election Interference at the highest level in history.”

    Here’s what we know about Trump’s indictment so far.

    Trump faces more than 30 counts related to business fraud in the indictment, CNN has reported. It remains under seal.

    The investigation by the Manhattan District Attorney’s office began when Trump was still in the White House and relates to a $130,000 payment made by Trump’s then-personal attorney Michael Cohen to Daniels in late October 2016, days before the 2016 presidential election, to silence her from going public about an alleged affair with Trump a decade earlier. Trump has denied the affair.

    A target in the probe has been the payment made to Daniels and the Trump Organization’s reimbursement to Cohen.

    According to court filings when Cohen faced federal criminal charges, Trump Org. executives authorized payments to him totaling $420,000 to cover his original $130,000 payment and tax liabilities and reward him with a bonus. The company noted the reimbursements as a legal expense in its internal books. Trump has denied knowledge of the payment.

    Hush money payments aren’t illegal. Ahead of the indictment, prosecutors were weighing whether to charge Trump with falsifying the business records of the Trump Organization for how it reflected the reimbursement of the payment to Cohen, who said he advanced the money to Daniels. Falsifying business records is a misdemeanor in New York.

    Prosecutors were also weighing whether to charge Trump with falsifying business records in the first degree for falsifying a record with the intent to commit another crime or to aid or conceal another crime, which in this case could be a violation of campaign finance laws. That is a Class E felony and carries a sentence of a minimum of one year and as much as four years. To prove the case, prosecutors would need to show Trump intended to commit a crime.

    Trump was caught off guard by the grand jury’s decision to indict him, according to a person who spoke directly with him. While the former president was bracing for an indictment last week, he began to believe news reports that a potential indictment was weeks – or more – away.

    The former president has repeatedly denied wrongdoing in the matter and continued his attacks on Bragg and other Democrats following news of the indictment.

    “I believe this Witch-Hunt will backfire massively on Joe Biden,” the former president said in a statement Thursday. “The American people realize exactly what the Radical Left Democrats are doing here. Everyone can see it. So our Movement, and our Party – united and strong – will first defeat Alvin Bragg, and then we will defeat Joe Biden, and we are going to throw every last one of these Crooked Democrats out of office so we can MAKE AMERICA GREAT AGAIN!”

    The former president had first been asked to surrender Friday in New York, his lawyer said, but his defense said more time was needed and he’s expected in court on Tuesday.

    As for the former president’s initial court appearance, it’ll look, in some ways, like that of any other defendant, and in others, look very different.

    First appearances are usually public proceedings. If an arrest of a defendant is not needed, arrangements are made with them or their lawyers for a voluntary surrender to law enforcement. With their first appearance in court, defendants are usually booked and finger-printed. And if a first appearance is also an arraignment, a plea is expected to be entered.

    Trump will have to go through certain processes that any other defendant must go through when a charge has been brought against him. But Trump’s status as a former president who is currently running for the White House again will undoubtedly inject additional security and practical concerns around the next steps in his case.

    Yes. This is the first time in American history that a current or former president has faced criminal charges.

    That alone makes it historic. But Trump is currently a few months into his third White House bid, and his criminal case jolts the 2024 presidential campaign into a new phase, as the former president has vowed to keep running in the face of criminal charges.

    That’s one of many big questions here. So far, a number of congressional Republicans have rallied to Trump’s defense, attacking Bragg on Twitter and accusing the district attorney of a political witch hunt.

    “Outrageous,” tweeted House Judiciary Chairman Jim Jordan of Ohio, one of the Republican committee chairmen who has demanded Bragg testify before Congress about the Trump investigation.

    Sen. Ted Cruz, a Texas Republican, called the indictment “completely unprecedented” and said it is “a catastrophic escalation in the weaponization of the justice system.”

    And as part of the response to the indictment, Trump and his team will be rolling out surrogates beginning to hit Democrats, the investigation and Bragg across various forms of media as they work to shape the public narrative, according to sources close to Trump.

    Yes.

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  • Federal judge rules Google tried to ‘hide the ball’ by deleting chat logs in a big antitrust case | CNN Business

    Federal judge rules Google tried to ‘hide the ball’ by deleting chat logs in a big antitrust case | CNN Business

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    Washington
    CNN
     — 

    Google intentionally sought to “hide the ball” in a high-profile antitrust case by automatically deleting employee chat messages that could have been used as evidence in the suit, a federal judge ruled Tuesday, dealing a blow to the tech giant.

    The ruling condemns Google’s document preservation practices and their impact on litigation, which could have a broader impact as the company defends a range of suits on multiple fronts.

    Google will not face immediate sanctions for its missteps apart from having to cover the legal fees that plaintiffs incurred in bringing the sanctions motion, wrote Judge James Donato in his order. A non-monetary penalty could still be imposed following further court proceedings. But Donato repeatedly criticized Google this week for trying to keep sensitive chat logs out of the record.

    “The Court concludes that Google intended to subvert the discovery process, and that Chat evidence was ‘lost with the intent to prevent its use in litigation’ and ‘with the intent to deprive another party of the information’s use in the litigation,’” Donato wrote.

    In what Donato described as a “fundamental problem,” Google appeared to turn a blind eye to employees’ liberal use of a chat feature that deletes the logs after 24 hours, according to the ruling. The feature enabled Google employees to have conversations about topics relevant to its app store practices — and the topic of the lawsuit — with greater confidence the messages would not be used in court. Employees were also given the discretion to determine for themselves what constituted conversations that needed to be preserved, Donato wrote.

    That was “in sharp contrast” to how Google automatically preserves company emails that are subject to a litigation hold, he added, saying that Google omitted any mention of its practices surrounding chats until it was specifically forced to address the matter by the plaintiffs’ sanctions motion.

    The Justice Department has filed a similar sanctions motion against Google in an ongoing antitrust suit over Google’s search business. Though that case is unfolding in a different federal court, Donato’s ruling Tuesday could give other courts more ammunition to reach the same conclusion.

    In a statement, Google said it has endeavored to meet its discovery obligations.

    “Our teams have conscientiously worked, for years, to respond to Epic and the state AGs’ discovery requests and we have produced over three million documents, including thousands of chats,” said a Google spokexperson. “We’ll continue to show the court how choice, security, and openness are built into Android and Google Play.”

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

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

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    CNN
     — 

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

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

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

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

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  • Here’s what you can do if you lose Medicaid coverage | CNN Politics

    Here’s what you can do if you lose Medicaid coverage | CNN Politics

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    CNN
     — 

    Though millions of Americans are expected to be kicked off of Medicaid in coming months, they don’t all have to be left uninsured.

    But it could take some work to regain health coverage.

    “For a lot of people, this can be a very disruptive period of time,” said Sabrina Corlette, co-director of the Center on Health Insurance Reforms at Georgetown University. “There is a significant time and paperwork burden being placed on families – a lot of them very low income, a lot of them medically vulnerable.”

    States are now free to terminate the Medicaid coverage of residents they deem ineligible. States had been barred from involuntarily removing anyone for the past three years as part of an early congressional Covid-19 pandemic relief package, causing enrollment in Medicaid and the Children’s Health Insurance Program to balloon to more than 92 million people.

    Of the roughly 15 million people who could lose Medicaid coverage over the next 14 months, about 8.2 million would no longer qualify, according to a Department of Health and Human Services analysis released in August.

    Some 2.7 million of these folks would qualify for enhanced federal subsidies for Affordable Care Act policies that could bring their monthly premiums to as low as $0.

    Another 5 million are expected to secure other coverage, mainly through employers.

    Some 6.8 million people, however, will be disenrolled even though they remain eligible for Medicaid.

    Check out Obamacare policies: Folks who lose their Medicaid coverage can shop for health insurance plans on the Affordable Care Act exchanges.

    Those whose annual incomes remain below 150% of the federal poverty level – $20,385 for a single person and $41,625 for a family of four in 2023 – can obtain enhanced federal assistance to lower their premiums to as little as $0 a month. That beefed-up subsidy is in place through 2025.

    Many people with higher incomes can find subsidized policies for $10 or less.

    State Medicaid agencies are tasked with easing residents’ transfer from Medicaid to the Obamacare marketplaces, but the smoothness of the process will vary greatly by state. Once someone is determined to no longer qualify for Medicaid, the agency must assess his or her eligibility for Affordable Care Act coverage and transfer the resident’s information to the exchange.

    Some states that run their own Obamacare exchanges are taking extra steps to ensure their residents remain covered. Rhode Island, for instance, is automatically enrolling certain people in marketplace coverage. It’s also paying the first two months of premiums for some residents who actively select policies.

    Those who lose Medicaid coverage and live in the 33 states covered by the federal marketplace, healthcare.gov, can apply for Affordable Care Act policies through a special enrollment period that runs through July 2024. State-based exchanges have their own deadlines, with some mirroring the federal exchange and others providing much shorter windows.

    Navigators and insurance brokers can help consumers select plans.

    Historically, very few people who lose Medicaid coverage wind up in Obamacare plans. About 4% of adults who were terminated from Medicaid enrolled in exchange policies in 2018, according to the Medicaid and CHIP Payment and Access Commission.

    The coverage differs too. Those that switch to the marketplace may have to find other doctors that are in their insurers’ networks and may face out-of-pocket costs.

    Consider job-based coverage: A number of people who are terminated from Medicaid may already be covered by their employers, particularly those who started new jobs during the pandemic. Others have the option of obtaining coverage through work, though it will almost certainly be more expensive than Medicaid since it will likely entail premiums, deductibles and copays.

    Workers may find they can afford coverage for themselves but not for their families. If the premiums for family policies cost more than 9.12% of household income, spouses and children may be able to get subsidized coverage on the Affordable Care Act exchanges.

    Employees should contact their human resources departments to sign up. Typically, they’ll have to enroll within 60 days of losing Medicaid, but those who are terminated from the program between now and July 10 will have until early September to sign up.

    See if you or your children remain eligible for Medicaid: Millions of Americans who still qualify for Medicaid may lose coverage for procedural reasons. For example, they may have moved so they don’t receive the redetermination notices. Or they may not return the necessary paperwork to prove their eligibility.

    So it’s crucial that folks update their contact information with their state agencies and reply to the letters they receive about renewing their Medicaid eligibility.

    “When you get that packet in the mail, respond to it promptly,” Corlette said.

    Those who are dropped have 90 days to submit their renewal paperwork to their state agency, which is required to reinstate them if they are found eligible. Beyond that time period, people may reapply. In most states, your coverage can be made retroactive for up to three months if you were eligible and received Medicaid-covered services.

    Parents who no longer qualify and are terminated should check if their children remain eligible. As many as 6.7 million kids are at risk of losing Medicaid coverage, according to Georgetown’s Center for Children and Families.

    Nearly three-quarters of the children projected to be dropped will remain eligible for Medicaid or CHIP but will lose coverage mainly because of administrative issues. Black and Latino children and families are more likely to be erroneously terminated, according to the center.

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  • Accused January 6 rioter fired shots at police during standoff ahead of arrest, court documents say | CNN Politics

    Accused January 6 rioter fired shots at police during standoff ahead of arrest, court documents say | CNN Politics

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    CNN
     — 

    A Texas man facing charges in connection to the January 6, 2021, insurrection at the US Capitol opened fire on law enforcement officers last week when they arrived at his house in the Dallas area for a welfare check, according to an affidavit.

    Nathan Donald Pelham, who is charged with misdemeanors for entering the restricted Capitol building and disorderly conduct, now faces a charge of being a felon in possession of a firearm after opening fire on authorities from Hunt County Sheriff’s Office, according to court documents.

    Politico first reported the standoff with Pelham. CNN has reached out to Pelham’s attorney for comment.

    Pelham’s father called law enforcement on April 12, warning that his son had a gun and was threatening suicide, the affidavit said. That same day, an FBI agent had called Pelham to notify him of a warrant for his arrest related to charges from the insurrection and Pelham had agreed to turn himself in the following week.

    After arriving at Pelham’s home and speaking to a neighbor, officers saw a young girl, Pelham’s daughter, walk out of the house and she was put in a patrol car for safety, according to the affidavit.

    Then authorities from the sheriff’s department heard gunshots coming from inside the house, the affidavit said.

    “Deputy J.W. reported that the gunshots were spread out in time and that they were not towards the HCSO personnel,” the agent wrote. “At approximately 9:38 p.m., Pelham’s father arrived on scene. Deputy J.W. heard another gunshot and reported that ‘the bullet from this gunshot came in so close proximity to myself that I could hear the distinct whistling sound as the bullet traveled by me and then strike a metal object to my right side.’”

    The standoff lasted until shortly after midnight when law enforcement left without arresting Pelham, according to the affidavit. Pelham was arrested on Tuesday, according to online court records.

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  • Sexual assaults in the US military increased by 1% last year | CNN Politics

    Sexual assaults in the US military increased by 1% last year | CNN Politics

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    CNN
     — 

    The US military saw a 1% increase in sexual assaults last year, according to the Pentagon’s latest annual report.

    There were 7,378 reports of sexual assault against service members in 2022, according to the Fiscal Year 2022 Annual Report on Sexual Assault in the Military, released on Thursday. That is up from 7,260 reports of assault in 2021.

    All of the services aside from the Army saw an increase in reports from last year, officials said during a briefing on the report on Thursday: the Navy, Marine Corps, and Air Force saw a 9%, 3.6%, and 13% increase in reports, respectively. The Army, meanwhile, saw a 9% decrease.

    Overall, the number of reports of assault has consistently increased in the military since 2010.

    And while the Defense Department is working through implementing dozens of recommendations from an independent review commission on sexual assault, officials said commanders and service members on the ground still have a responsibility to do their part.

    “At the end of the day, we can only do so much at the headquarters level,” Beth Foster, director of the Office of Force Resiliency, told reporters. “But, you know, really, this is on our commanders, on our [non-commissioned officers], our frontline leaders to make sure that they are addressing this problem. And, you know, the Secretary says … we need to lead on that. And that that is for at every level of the department.”

    In addition to the 7,378 reports of assault that occurred during military service in 2022, there were also 797 Defense Department civilians who reported being assaulted by service members, and 580 service members who reported being assaulted before their military service.

    The report released Thursday looks at the number of sexual assault reports, as opposed to a separate report the Pentagon releases every other year that estimates the total number of service members experiencing sexual assault. Ideally, the Defense Department has said a sign of progress would be seeing the number of reports go up, while the prevalence of sexual assault go down.

    However, the 2021 prevalence survey – released August 2022 – showed an in increase in how many service members were estimated to have experienced assault. The Pentagon estimated that 35,875 service members experienced unwanted sexual contact in 2021.

    Also, within the report released on Thursday was data showing a decrease in how many cases of assault, which had evidence that supported the charges, were referred to court-martial by commanders. Only 37% of cases were referred to court-martial in 2022, which falls in line with a steady decrease over the last 10 years.

    Instead, there has been an increase in cases that are dealt with through administrative action and discharges of offenders. Dr. Nate Galbreath, the deputy director for the Defense Department’s Sexual Assault Prevention and Response Office, told reporters on Thursday that the decrease in court-martials is in part because of support being provided to victims of military sexual assault.

    “One of the things that we’ve seen year after a year since 2015, with the addition of the Special Victims Counsel program – which are attorneys that represent victims throughout the military justice process – is that victims have made it abundantly clear that they would like to help see the department hold their offenders appropriately accountable, but they’d like to do it through nonconfrontational means, and that’s essentially what we see in the percentages with administrative actions and discharges and non-judicial punishment,” Galbreath said.

    He added, however, that the decrease in taking sexual assault cases to court is also due to victims not having faith in the military justice system to handle their cases appropriately.

    The military services’ newly appointed Special Trial Counsels, who are appointed officers that report directly to the service secretaries and have exclusive authority to prosecute sexual assault cases, will be charged with restoring “that perception of fairness back into the system.”

    Ultimately, officials reiterated that while work is ongoing, the ongoing trend of sexual assault isn’t going to change “overnight.”

    “We certainly, if we could flip a switch and make this change instantly, we would,” Foster said. “But we know this is going to take some time.”

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  • ProPublica: GOP megadonor paid private school tuition for grandnephew of Justice Clarence Thomas | CNN Politics

    ProPublica: GOP megadonor paid private school tuition for grandnephew of Justice Clarence Thomas | CNN Politics

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    CNN
     — 

    A Texas billionaire and GOP megadonor paid boarding school tuition for Supreme Court Justice Clarence Thomas’ grandnephew, and the justice did not report the financial assistance for the child he helped raised on his annual disclosures, according to a new ProPublica report – the latest revelation raising ethical questions around the high court.

    The ProPublica report on Thursday revealed that the billionaire Harlan Crow paid tuition for Mark Martin, who lived with Thomas’ family as a child and for whom the justice became a legal guardian. ProPublica cited a 2009 bank statement and an interview with a former administrator at the Georgia boarding school Martin attended.

    The former administrator at the school, Hidden Lake Academy, told ProPublica that Crow paid for Martin’s tuition for the year or so Martin was at the boarding school. The administrator said, according to ProPublica, that he had been told by Crow that Crow also paid for Martin’s tuition at another school, the Randolph-Macon Academy in Virginia, which is Crow’s alma mater.

    A statement from Crow’s office did not address the payments for Martin’s tuition directly but said that he and his wife had “supported many young Americans through scholarship and other programs at a variety of schools, including his alma mater.”

    A friend and defender of Thomas, conservative lawyer Mark Paoletta, said on Twitter that Crow paid for the first year that Martin spent Randolph-Macon Academy and for the year he spent at Hidden Lake. Paoletta denied that Thomas ran afoul of the court’s financial disclosures rules by not reporting the payments, arguing that Martin did not qualify as a legal dependent under the federal ethics law in question.

    However, on the justice’s 2002 financial disclosure submission, Thomas reported as a gift $5,000 from another couple that was characterized as an “Education gift to Mark Martin.”

    The Supreme Court’s press office did not respond to requests seeking comment from the court and Thomas.

    ProPublica previously reported that for years, Thomas has accepted lavish trips and gifts from Crow, which have gone mostly unreported on the justice’s financial disclosures, and that Crow also purchased several real estate properties, including the home where his mother lives, from the Thomas family.

    The extent to which these transactions and hospitality should have been reported by Thomas has been the subject of debate among judicial ethics experts, who have noted that a recently-closed loophole for certain “personal hospitality” may have covered some of the luxury trips.

    Thomas has said he followed the advice of others in deciding what required disclosure, and a source close to Thomas previously told CNN that the justice plans to amend his disclosure forms to reflect the real estate transaction, which also went unreported. Thomas also said in a statement last month that Crow “did not have business before the court.”

    Nevertheless, court reforms advocates and Democratic lawmakers say that Thomas’ conduct shows that the current ethics rules for the justices – who are not subject to a code of conduct akin to the standards imposed on lower courts – are too lax.

    Amid the ethics firestorm, which included a Senate hearing this week, Chief Justice John Roberts and the other eight justices released a “Statement on Ethics Principles and Practices” last week that the court’s critics say did not go far enough to address their concerns.

    “Today’s report continues a steady stream of revelations calling Justices’ ethics standards and practices into question,” said Senate Judiciary Committee Chairman Dick Durbin in a statement on Thursday. “I hope that the Chief Justice understands that something must be done – the reputation and credibility of the Court is at stake.”

    Republicans have pushed back on Democrats’ calls that Congress step in to enact stricter ethics rules for the justices, but some GOP lawmakers have acknowledged they’d like to see the high court – on its own – take steps towards greater transparency.

    Asked Thursday about the latest ProPublica report, Sen. Mitt Romney said, “I hope they’ll look – they’ll evaluate.”

    “I have no way of knowing the accuracy of that report and what’s been done but it clearly justifies taking a good look at it,” the Utah Republican said.

    Sen. Thom Tillis, a North Carolina Republican who sits on the Senate Judiciary Committee, said he wasn’t going to speak to the specifics of the new allegations against Thomas, “because I could sit here and talk about other instances from other justices that the fact patterns are similar.”

    “Which goes back to the point of the Supreme Court should address this and they should address it on a consensus basis,” Tillis said.

    Ethics experts who spoke to ProPublica also acknowledged that the tuition payments, if considered a gift to Martin, may not have required disclosure. But since Thomas was Martin’s legal guardian, according to ProPublica’s report, he would have had responsibility for the child’s education and the tuition could also be viewed as an unreported gift to the justice himself.

    The statement from Crow’s office said that that the tuition he and his wife has provided for young people “is given directly to academic institutions, not to students or to their families.”

    “These scholarships and other contributions have always been paid solely from personal funds, sometimes held at and paid through the family business,” the statement said. “It’s disappointing that those with partisan political interests would try to turn helping at-risk youth with tuition assistance into something nefarious or political.”

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  • E. Jean Carroll asks judge to amend lawsuit to seek further damages for what Trump said at CNN town hall | CNN Politics

    E. Jean Carroll asks judge to amend lawsuit to seek further damages for what Trump said at CNN town hall | CNN Politics

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    CNN
     — 

    E. Jean Carroll has asked a judge to amend her initial defamation case against former President Donald Trump to seek additional punitive damages after he repeated his statements at a CNN town hall.

    The request was made in a letter to the judge seeking clarity on the initial lawsuit following a civil jury verdict earlier this month finding Trump sexually abused Carroll and awarding her $5 million.

    Carroll’s attorneys said Trump’s defamatory statements repeated during the town hall earlier this month go directly to the issue of punitive damages, which are intended to punish the person found liable.

    Carroll’s initial lawsuit was held up on appeal and relates to statements Trump made in 2019 while he was president. The trial involved a statement Trump made in 2022.

    An appeals court sent the initial lawsuit back to the lower court judge just before the trial. It is up to the judge to determine whether it moves forward.

    Carroll has alleged that the former president raped her in the Bergdorf Goodman department store in the mid-1990s and then defamed her when he denied her claim, said she wasn’t his type and suggested she made up the story to boost sales of her book.

    Trump denied all claims brought against him by Carroll and appealed the jury’s judgment.

    While the jury found that Trump sexually abused Carroll, sufficient to hold him liable for battery, the jury did not find that she proved he raped her.

    Trump was quick to jump on this aspect of the jury’s verdict at a CNN town hall hosted in New Hampshire the day after the jury came to its decision, saying “They said, ‘He didn’t rape her.’ And I didn’t do anything else either.”

    “I have no idea who this woman – this is a fake story, made up story,” Trump said, calling Carroll a “whack job” and going on a tangent about her ex-husband and pet cat.

    This story has been updated with additional information.

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  • What the chaos at Twitter means for the future of social movements | CNN Business

    What the chaos at Twitter means for the future of social movements | CNN Business

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    Editor’s Note: The CNN Original Series “The 2010s” looks back at a turbulent era marked by extraordinary political and social upheaval. New episodes air at 9 p.m. ET/PT Sundays.



    CNN
     — 

    When thousands of Egyptians marched through the streets during the Arab Spring of 2011, they had a tool at their disposal that earlier social movements didn’t: Twitter.

    A key group of activists used the platform to form networks and organize protests against the authoritarian regime, while many more demonstrators used it to disseminate information and images from the ground for the rest of the world to see. Months later, organizers from the Occupy Wall Street movement took to Twitter to coordinate protests in New York and beyond.

    Twitter fostered public conversation around the Black Lives Matter movement after the 2014 police killing of Michael Brown in Ferguson, Missouri, and again after the 2020 police killing of George Floyd. It amplified #MeToo in the aftermath of the sexual assault allegations against Hollywood producer Harvey Weinstein, and catapulted other revolutionary movements around the world to global attention.

    “You can’t underestimate the impact of Twitter to social movements,” Amara Enyia, manager of policy and research for the Movement for Black Lives, told CNN.

    Twitter has often been heralded as a democratizing force, bringing previously marginalized voices to the forefront and giving the public a platform to demand accountability from leaders. (It has also enabled the spread of misinformation, extremist ideas and abusive content.)

    But since Elon Musk acquired Twitter last year and the platform plunged into chaos, some organizers and digital media experts have been bracing for the impact that his controversial policy changes and mass layoffs may have on social movements going forward.

    Though Twitter has often been referred to as a public square, some of Musk’s recent moves challenge that description.

    Through Twitter, organizers and political groups have had a level of direct access to policymakers and leaders that wouldn’t have been possible in person, said Rachel Kuo, an assistant professor of media and cinema studies at the University of Illinois, Urbana-Champaign. Verified activists were able to promote certain messages that the algorithm then pushed to the top of users’ feeds, organizers could launch campaigns that caught the attention of high-profile figures and the public could follow along for real-time updates.

    “There are now issues in how people see Twitter as a source of information and a source of political community,” said Kuo, whose research focuses on race, social movements and digital technologies. “It isn’t seen in the same way anymore.”

    Elon Musk's controversial policy changes at Twitter could have implications for social movements, some activists say.

    Musk upended traditional Twitter verification and turned it into a pay-for-play system, leading to the impersonation of government accounts and the spread of fake images. For organizers who opt not to pay the monthly subscription fee for a blue check, that also means a loss of credibility and visibility, Kuo added.

    Twitter, which has cut much of its public relations team under Musk, did not respond to a request for comment.

    Twitter’s role in information-sharing has been disrupted in other ways, too.

    The platform has been plagued by technical glitches after mass layoffs and departures at the company, frustrating many users. People have also reported that the “for you” timeline is showing them content they aren’t interested in.

    As a result of these issues and others, some are leaving Twitter altogether – more than 32 million users are projected to exit the platform in the two years following Musk’s takeover, according to a December 2022 forecast from the market research agency Insider Intelligence. (Twitter reported having 238 million monetizable daily active users last year before Musk acquired it.)

    With fewer people on Twitter, the platform becomes less centralized and the information landscape more fractured, said Sarah Aoun, a privacy and security researcher who works on cybersecurity for the Movement for Black Lives. That makes it harder for activists to connect, exchange tactics and build solidarity in the way they once did.

    Protesters in Cairo gather in Tahrir Square in November 2011.

    Musk’s approach to content moderation has also made Twitter a more hostile environment, Aoun said. Twitter has never been a completely safe space for marginalized voices – women, people of color, LGBTQ people and other vulnerable groups have long been targets of online harassment and abuse – but reports from the Center for Countering Digital Hate and Anti-Defamation League indicate an increase in hate speech on the platform under Musk’s leadership. (Musk has previously pushed back at that characterization by focusing on a different metric.)

    Some are also disillusioned over Musk’s decision to reinstate users who were previously suspended for violating the platform’s rules, including former President Donald Trump and GOP Rep. Marjorie Taylor Greene.

    “The lack of verification, the mass exodus, the inability to coordinate the way that we used to be able to coordinate and the content moderation (gutting) makes it a very difficult platform to be on at the moment,” Aoun said.

    Musk has stepped back as Twitter’s CEO, a role now held by former NBCUniversal marketing executive Linda Yaccarino. But he will maintain significant control over the platform as the company’s owner, executive chairman and chief technology officer.

    The changes at Twitter have prompted some activists and organizers to reassess their relationships with the platform.

    Rich Wallace, executive director of the Chicago-based organization Equity and Transformation (EAT), said that previously, he used to see robust engagement on tweets about social injustice or racial inequity, whether it was from those who agreed with him or didn’t. Now, he finds that substantive posts barely get traction as opposed to tweets he considers more mundane.

    Wallace said his organization, which seeks to build social and economic equity for Black workers in the informal economy, still shares information about community events on Twitter, but the potential to find new allies or engage in meaningful conversation on the platform is largely a thing of the past.

    Twitter is no longer a space for education and community building that it once was, Wallace said. It’s a shift in how he once viewed the platform, but he isn’t especially concerned. For his organization, it simply means a re-emphasis on the grassroots, in-person work they were already doing.

    People raise their fists in June 2020 as they protest the police killing of George Floyd.

    “As organizers, we’ve been creative in how we organize around barriers,” he said. “This is just one of the newer barriers that we have to assess and organize through.”

    As Kuo sees it, the ways that the changes at Twitter will affect organizing and activism will vary widely. Hyperlocal community organizers or those who work with populations that don’t speak English aren’t typically using Twitter in their day-to-day work, and so the recent shifts likely won’t affect them drastically. But she predicts that mid-to-large nonprofit organizations with communications staff might be rethinking their strategy on the platform.

    “It’s very dependent on organizational structure, form, strategies for change and political vision,” Kuo said.

    Enyia said that on a personal level, she finds that she’s engaging with people on Twitter less often and moreso using the platform to keep up with news. But in her advocacy work with the Movement for Black Lives, it remains an important tool.

    “For us, its utility is in the fact that it creates more access points to our policy platform, to the issues that we’re advocating on,” she said. “And in that regard, it’s still very, very useful.”

    When Musk first took over Twitter, some organizers and activists flocked to other alternatives, such as Mastodon or Bluesky (an app backed by Twitter co-founder and former CEO Jack Dorsey).

    Neither appears to be fulfilling the same purpose that Twitter once did, Aoun and others said. Mastodon and Bluesky are decentralized and fewer people are using them, making it more difficult to build community. And while their numbers are growing, they’re still far smaller than Twitter.

    The Bluesky app is seen on a phone and laptop in June 2023.

    In the case of Mastodon, there are privacy and security issues that concern some activists. Because the social network allows users to join different servers run by various groups and individuals, Aoun said “the privacy, security and content moderation is basically as good as the person behind the server.” Twitter – at least before Musk took over – had dedicated privacy and security teams, offering more transparency about how their systems worked.

    Some activists are using popular social networks such as Instagram and TikTok, but the visual nature of those platforms versus the text-based medium of Twitter changes how people are able to interact and engage with each other, Kuo said.

    Twitter has been an incredibly powerful tool for social movements, Enyia said. But ultimately, the platform is just that – a tool.

    “There is no panacea for just the nuts and bolts work that it takes to meet people, to engage people, to organize and talk to people,” Enyia said. “So even if we recognize that social media is a tool, we don’t put all of our eggs in that basket.”

    Social media platforms come and go, and the same could happen to Twitter. So while Enyia’s organization continues to use the platform for its own ends, it’s prepared for a reality in which Twitter is less relevant.

    “We have to stay on top of it to make sure that the tools are serving their purpose as it relates to our work,” Enyia said. “But then we have to be ready to evolve or to move on or to adapt to different tools when it becomes clear that that’s the direction we have to go.”

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  • Tax prep companies shared private taxpayer data with Google and Meta for years, congressional probe finds | CNN Business

    Tax prep companies shared private taxpayer data with Google and Meta for years, congressional probe finds | CNN Business

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    CNN
     — 

    Some of America’s largest tax-prep companies have spent years sharing Americans’ sensitive financial data with tech titans including Meta and Google in a potential violation of federal law — data that in some cases was misused for targeted advertising, according to a seven-month congressional investigation.

    The report highlights what legal experts described to CNN as a “five-alarm fire” for taxpayer privacy that could lead to government and private lawsuits, criminal penalties or perhaps even a “mortal blow” for some industry giants involved in the probe including TaxSlayer, H&R Block and TaxAct.

    Using visitor tracking technology embedded on their websites, the three tax-prep companies allegedly sent tens of millions of Americans’ personal information to the tech industry without consent or appropriate disclosures, according to the congressional report reviewed by CNN.

    Beyond ordinary personal data such as people’s names, phone numbers and email addresses, the list of information shared also included taxpayer data — details about people’s filing status, adjusted gross income, the size of their tax refunds and even information about the buttons and text fields they clicked on while filling out their tax forms, which could reveal what tax breaks they may have claimed or which government programs they use, according to the report.

    The report, which drew on congressional interviews and written testimony from Meta, Google and the tax-prep companies, also found that every taxpayer who used TaxAct’s IRS Free File service while the tracking was enabled would have had their information shared with the tech companies. Some of the tax-prep companies still do not know whether the data they shared continues to be held by the tech platforms, the report said.

    “On a scale from one to 10, this is a 15,” said David Vladeck, a law professor at Georgetown University and a former consumer protection chief at the Federal Trade Commission, the country’s top privacy watchdog. “This is as great as any privacy breach that I’ve seen other than exploiting kids. This is a five-alarm fire, if what we know about this so far is true.”

    It is also an example, Vladeck said, of why the United States needs federal legislation guaranteeing every American a basic right to data privacy — an issue that has languished in Congress for years despite electronic data becoming an ever-larger part of the global economy.

    The congressional findings represent the latest claims of wrongdoing to hit the embattled tax-prep industry after a report last year by the investigative journalism outlet The Markup highlighted the tracking practice.

    Wednesday’s bombshell report adds to those earlier revelations by identifying a previously unreported category of data that was allegedly being collected and shared: the webpage titles in online tax software that can reveal what tax forms users have accessed, said an aide to Democratic Sen. Elizabeth Warren, who helped lead the congressional probe. For example, taxpayers who entered information about their college savings contributions or rental income may have done so on webpages bearing titles reflecting that information, which would then have been shared with the tech companies, the aide said.

    During the probe, Meta told investigators it used the taxpayer data it received to target third-party ads to users of its platform and to train its artificial intelligence algorithms, the report said. The Warren aide told CNN it was unclear whether Meta knew it was inappropriately using taxpayer data at the time. A Meta spokesperson said the company instructs its partners not to use its tools to share sensitive information and that Meta’s systems are “designed to filter out potentially sensitive data it is able to detect.”

    The technology behind the data collection, known as a tracking pixel, is commonly used across the entire internet. A small snippet of code that website owners can insert onto their sites, tracking pixels gather information that can help companies, including but not limited to Meta and Google, understand the behavior or interests of website visitors.

    Because of the tracking technology used by TaxAct, TaxSlayer and H&R Block, “every single taxpayer who used their websites to file their taxes could have had at least some of their data shared,” the report said.

    The tax-prep companies at the center of the investigation told lawmakers the collected data had been scrambled to help protect privacy, according to the report. But the report also said some of the tax-prep firms themselves were not fully aware of how much information was being exposed to the tech platforms, and the report cited past FTC research concluding that even “anonymized” data can be easily reverse-engineered to identify a person.

    The pixels’ use in a taxpayer context resulted in the “reckless” sharing of legally protected data that could put taxpayers at risk, according to the report by Warren and her Democratic colleagues Sens. Ron Wyden; Richard Blumenthal; Tammy Duckworth; and Sheldon Whitehouse; Sen. Bernie Sanders, an independent who caucuses with Democrats; and Democratic Rep. Katie Porter.

    The FTC, the Internal Revenue Service, the Justice Department and the Treasury Inspector General for Tax Administration “should fully investigate this matter and prosecute any company or individuals who violated the law,” the lawmakers wrote in a letter dated Tuesday to the agencies and obtained by CNN. The FTC and DOJ declined to comment; the IRS and TIGTA didn’t immediately respond to a request for comment.

    In a statement, H&R Block said it takes client privacy “very seriously, and we have taken steps to prevent the sharing of information via pixels.” Wednesday’s report said H&R Block had testified to using the tracking technology for “at least a couple of years.”

    TaxAct and TaxSlayer didn’t immediately respond to a request for comment. The report said TaxAct had been using Meta’s tools since 2018 and Google’s since about 2014, while TaxSlayer began using Meta’s tools in 2018 and Google’s in 2011. The investigation found that all three tax-prep companies had discontinued their use of Meta’s pixel after The Markup’s report last November.

    Intuit, the maker of TurboTax, received an initial inquiry letter from the lawmakers in December but was not a focus of Wednesday’s report because the company did not use tracking pixels to the same extent, the investigation found.

    Tax preparation firms have faced mounting scrutiny in recent years amid reports that many have turned to data harvesting as a business model and that the largest among them have spent millions lobbying against legislation that could make it easier for Americans to file their tax returns. An IRS report this year found that 72% of Americans would be interested in using a free, electronic tax filing service if it were provided by the agency as an alternative to private online filing services. The IRS plans to launch a pilot version of that service to a limited number of taxpayers in the 2024 tax filing season.

    Google told CNN it prohibits business customers from uploading to its platform sensitive data that could be traced back to a person.

    “We have strict policies and technical features that prohibit Google Analytics customers from collecting data that could be used to identify an individual,” a Google spokesperson said. “Site owners — not Google — are in control of what information they collect and must inform their users of how it will be used. Additionally, Google has strict policies against advertising to people based on sensitive information.”

    Wednesday’s report focuses more heavily on Meta’s use of taxpayer data, the Warren aide told CNN, because Google did not appear to have used the information for its own commercial purposes as overtly as Meta and the investigation was unable to fully determine whether Google may have used the data for other applications.

    The allegations could nevertheless create extensive legal risk for both the tech companies as well as the tax-preparation firms, according to tax and privacy legal experts.

    The tax-prep companies could face billions in fines under US tax law if the federal government decides to sue, said Steven Rosenthal, a senior fellow at the Urban-Brookings Tax Policy Center. In addition, the US government could seek criminal penalties.

    “The scope of ‘taxpayer information’ is broad by design,” Rosenthal said, adding that tax-prep companies can be sued for “knowingly” or “recklessly” leaking that information. “The companies shouldn’t be sharing it in a way that some third party could obtain it.”

    Theoretically, he said, the tax code also affords individual taxpayers the right to file private lawsuits against the tax-prep companies. But most if not all of those firms require customers to submit to mandatory arbitration that could realistically make bringing a private claim more challenging, said the Warren aide.

    Apart from the tax code, both the tech giants as well as the tax-prep firms could also face civil liability from the FTC — which can police data breaches and hold companies accountable for their commitments to user privacy — and potentially from state governments that have their own privacy laws on the books, said Vladeck.

    Depending on the strength of the allegations, the tax-prep companies could quickly be forced into a binding settlement, said a former FTC official who requested anonymity in order to speak more freely.

    “If the facts are really strong, these companies would probably rather settle than go to court. This is very embarrassing,” the former official said. “It could be a mortal blow to the tax prep companies.”

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  • ‘X’ removed after being installed atop company headquarters following Twitter’s rebrand | CNN Business

    ‘X’ removed after being installed atop company headquarters following Twitter’s rebrand | CNN Business

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    CNN
     — 

    Officials from the San Francisco Department of Building Inspection on Monday morning observed that the new “X” on top of the building formerly known as Twitter’s headquarters was being dismantled, according to Patrick Hannan, the department’s spokesman.

    The news comes after the company was issued a notice of violation (NOV) Friday for work without a permit for the new sign, which flashes at night, that adorns the building.

    “Over the weekend, the Department of Building Inspection and City Planning received 24 complaints about the unpermitted structure, including concerns about its structural safety and illumination. This morning, building inspectors observed the structure being dismantled. A building permit is required to remove the structure but, due to safety concerns, the permit can be secured after the structure is taken down,” Hannan said in an email to CNN.

    “The property owner will be assessed fees for the unpermitted installation of the illuminated structure. The fees will be for building permits for the installation and removal of the structure, and to cover the cost of the Department of Building Inspection and the Planning Department’s investigation,” he added.

    CNN has reached out to the company formerly known as Twitter for comment.

    – CNN’s Ramishah Maruf contributed to this report

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  • Key Senate Dems want Supreme Court funding tied to an ethics code for justices | CNN Politics

    Key Senate Dems want Supreme Court funding tied to an ethics code for justices | CNN Politics

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    CNN
     — 

    Key Senate Democrats are calling for next year’s funding for the Supreme Court to be conditioned on the creation of an ethics code for the justices.

    Sen. Chris Van Hollen, a Maryland Democrat who leads the appropriations subcommittee charged with writing the annual funding bill for the judiciary, has expressed support for the idea, but doing so will ultimately need the backing of GOP lawmakers, and the top Republican on the subcommittee is signaling opposition to the proposal.

    Van Hollen is weighing in as 15 other members of the Democratic caucus – including Sen. Sheldon Whitehouse, a Rhode Island Democrat who chairs the Senate Judiciary subcommittee that oversees the federal bench – are proposing language to be attached to next year’s funding bill that would require the Supreme Court to adopt more transparent processes for recusals and for investigating ethics allegations lodged against the justices.

    They did so in a new letter, obtained by CNN, to Van Hollen and Tennessee Sen. Bill Hagerty, who is the top Republican on the appropriations subcommittee with jurisdiction over the judiciary.

    “It is unacceptable that the Supreme Court has exempted itself from the accountability that applies to all other members of our federal courts, and I believe Congress should act to remedy this problem,” Van Hollen said in a statement shared with CNN Monday. His comments were first reported by The Washington Post.

    Democrats’ interest in leveraging the funding Congress appropriates to the high court is the latest volley in the debate over whether a stronger code of conduct is needed at the Supreme Court, which is not beholden to many of the ethics procedures imposed on lower court judges.

    Van Hollen noted that including an ethics code requirement in the annual appropriations bill will require bipartisan support given the current make-up of Congress, but said he didn’t “see any reason why ensuring that the Supreme Court establish a code of ethics should be a partisan issue.”

    A spokesperson for Hagerty said that an ethics code is a “policy question that is separate from the funding levels for Supreme Court operations and security.”

    “Moreover, Senator Hagerty strongly believes in preserving the independence of the Judicial Branch from political interference intended to force the Court to change its rulings or policies,” the spokesperson said in a statement Monday evening. “Threats to hold the personal security of the justices and their families hostage in exchange for favored policies are no different from court-packing proposals or protests outside the homes of Justices.”

    Some Republicans in the House have indicated openness in the past to pushing for an ethics code for the justices, but congressional GOP leaders have defended conservative justices in the face of claims that they had run afoul of ethical norms.

    The new letter from the Democrats pointed to recent reports that have raised questions about potential conflicts-of-interests issues with the political activities of Justice Clarence Thomas’ spouse, and about an alleged well-financed, secret campaign seeking to influence the high court’s conservatives.

    “The Supreme Court has the tools and authority it needs to develop and implement these changes, including adopting a code of conduct, creating fairer and more transparent recusal rules, and setting up procedures – based on longstanding procedures in the lower courts – to receive and investigate complaints of judicial misconduct,” the letter said. “The only obstacle keeping the Court from adopting these reforms is the Court’s own unwillingness to see them through.”

    They argued that the annual funding bill should withhold $10 million of the Supreme Court’s funding unless the justices adopted an ethics code. The Supreme Court is asking for nearly $151 million in the coming appropriations process for 2024.

    The ethics language the new letter is proposing for the annual appropriations legislation would create more concrete standards for when a justice must disqualify him or herself from a case, as well as a system “for receiving and investigating complaints alleging violations of such public code of ethics or other misconduct by justices of the Court.”

    Currently, justices decide for themselves whether they must recuse themselves from a case. It is unclear what procedures, if any, the Supreme Court uses to review ethics allegations brought against the justices.

    In the past, Chief Justice John Roberts has written that the justices have taken the steps necessary to maintain transparency and the public’s trust.

    “I have complete confidence in the capability of my colleagues to determine when recusal is warranted,” he wrote in a 2011 year-end report. His 2021 report stressed the need for the judicial branch to have “institutional independence,” while implying that the federal bench could be trusted to police itself without the interference of Congress.

    With the Democrats’ new letter to the appropriators, the senators countered that “Congress has broad authority to compel the Supreme Court to institute these reforms, which would join other requirements already legislatively mandated.”

    “And Congress’s appropriations power is one tool for achieving these changes,” the Democrats’ letter said, while citing DC Circuit cases where judges – including Republican appointees – asserted that Congress could use the power of the purse to pressure the Executive Branch to make certain changes.

    The Supreme Court’s press office did not immediately respond to CNN’s inquiry about the funding bill proposal.

    This story has been updated with additional information.

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  • Exclusive: National security officials tell special counsel Trump was repeatedly warned he did not have the authority to seize voting machines | CNN Politics

    Exclusive: National security officials tell special counsel Trump was repeatedly warned he did not have the authority to seize voting machines | CNN Politics

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    Washington
    CNN
     — 

    Former top national security officials have testified to a federal grand jury that they repeatedly told former President Donald Trump and his allies that the government didn’t have the authority to seize voting machines after the 2020 election, CNN has learned.

    Chad Wolf, the former acting Homeland Security secretary, and his former deputy Ken Cuccinelli were asked about discussions inside the administration around DHS seizing voting machines when they appeared before the grand jury earlier this year, according to three people familiar with the proceedings. Cuccinelli testified that he “made clear at all times” that DHS did not have the authority to take such a step, one of the sources said.

    Trump’s former national security adviser Robert O’Brien, in a closed-door interview with federal prosecutors earlier this year, also recounted conversations about seizing voting machines after the 2020 election, including during a heated Oval Office meeting that Trump participated in, according to a source familiar with the matter.

    Details about the secret grand jury testimony and O’Brien’s interview, neither of which have been previously reported, illustrate how special counsel Jack Smith and his prosecutors are looking at the various ways Trump tried to overturn his electoral loss despite some of his top officials advising him against the ideas.

    Now some of those same officials, including Wolf, Cuccinelli and O’Brien, as well as others who have so far refused to testify, may have to return to the grand jury in Washington, DC, to provide additional testimony after a series of pivotal court rulings that were revealed in recent weeks rejected Trump’s claims of executive privilege.

    Cuccinelli was spotted going back into the grand jury on Tuesday, April 4.

    Without that privilege shield, former officials must answer questions about their interactions and conversations with the former president, including what he was told about the lack of evidence for election fraud and the legal remedies he could pursue.

    That line of questioning goes to the heart of Smith’s challenge in any criminal case he might bring – to prove that Trump and his allies pursued their efforts despite knowing their fraud claims were false or their gambits weren’t lawful. To bring any potential criminal charges, prosecutors would have to overcome Trump’s public claim that he believed then and now that fraud really did cost him the election.

    “There’s lots of ways you can show that. But certainly one of them is if they were told by people who knew what they were talking about, that that there was no basis to take the actions,” said Adav Noti, an election law attorney who previously served in the US Attorney’s Office in Washington, DC, and at the Federal Election Commission’s general counsel’s office.

    “I would not want to be a defense lawyer trying to argue, ‘Well, yes, my client was told that, but he never really believed it,’” Noti said.

    Inside the Trump White House after the 2020 election, the push to seize voting machines eventually led to executive orders being drafted in mid-December of that year, directing the military and DHS to carry out the task despite Wolf and Cuccinelli telling Trump and his allies their agency did not have the authority to do so.

    Those orders, which cited debunked claims about voting system irregularities in Michigan and Georgia, were presented to Trump by his former national security adviser Michael Flynn and then-lawyer Sidney Powell during a now-infamous Oval Office meeting on December 18.

    Smith’s team has asked witnesses about that meeting in front of the grand jury and during closed-door interviews, multiple sources told CNN. Among them was O’Brien, who told the January 6 House select committee that he was patched into the December 18 meeting by phone after it had already devolved into a screaming match between Flynn, Powell and White House lawyers, according to a transcript of O’Brien’s deposition that was released by the panel.

    O’Brien told the committee that at some point someone asked him if there was evidence of election fraud or foreign interference in the voting machines. “And I said, ‘No, we’ve looked into that and there’s no evidence of it,” O’Brien said he responded. “I was told we didn’t have any evidence of any voter machine fraud in the 2020 election.”

    When asked about that meeting by federal prosecutors working for Smith, O’Brien reiterated that he made clear there was no evidence of foreign interference affecting voting machines, according to the source familiar with the matter.

    O’Brien met with prosecutors earlier this year after receiving a subpoena from Smith’s team and is among the Trump officials who could be called back to discuss conversations with Trump under the judge’s recent decision on executive privilege.

    Former Director of National Intelligence John Ratcliffe, who personally told allies of the former president that there was no evidence of foreign election interference or widespread fraud that would justify taking extreme steps like seizing voting machines, must also testify, the judge decided.

    A spokesperson for Ratcliffe did not respond to CNN’s request for comment. Wolf declined to comment.

    Cuccinelli acknowledged to the January 6 committee last year that, after the election, he was asked several times by Trump’s then-attorney Rudy Giuliani, and on at least one occasion by Trump himself, if DHS had authority to seize voting machines. Wolf told the committee he was repeatedly asked the same question by then White House chief of staff Mark Meadows.

    Giuliani, who was subpoenaed by the Justice Department before Smith took over the investigation, previously acknowledged to the January 6 committee that he participated in that December 18 Oval Office meeting and other conversations about having DHS and the military seize voting machines.

    Giuliani told congressional investigators that he and his team “tried many different ways to see if we could get the machines seized,” including options involving DHS, according to the transcript of his committee interview. Giuliani also acknowledged taking part in conversations – even before the Dec. 18 Oval Office meeting – where the idea of using the military to seize voting machines was raised.

    “I can remember the issue of the military coming up much earlier and constantly saying, ‘Will you forget about it, please? Just shut up. You want to go to jail? Just shut up. We’re not using the military,’” he added.

    Robert Costello, an attorney for Giuliani, told CNN that Giuliani has not received a subpoena from Smith. Costello said that in early November, Giuliani was subpoenaed by the DC US Attorney seeking documents and testimony. Costello says he told the Justice Department Giuliani couldn’t comply with the given deadlines because they were in the middle of disciplinary proceedings at the time. That was the last time Giuliani heard from DOJ, says Costello.

    “I haven’t heard a word since November 2022,” Costello told CNN on March 30.

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  • Cash App founder Bob Lee knew the suspect in his stabbing death, police say | CNN Business

    Cash App founder Bob Lee knew the suspect in his stabbing death, police say | CNN Business

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    CNN
     — 

    San Francisco Police have arrested Nima Momeni in connection to the murder of Cash App founder Bob Lee, San Francisco Police Chief Bill Scott said during a news conference on Thursday.

    Scott described Momeni as a 38-year-old man from Emeryville, California. Scott said Momeni and Lee knew one another, but he didn’t provide further details about their connection.

    California Secretary of State Records indicate that Momeni has been the owner of an IT business, which, according to its website, provides services like technical support.

    Momeni was taken into custody without incident, according to Scott, and taken to the San Francisco County jail where he was booked on one charge of murder.

    Lee was stabbed to death in the Rincon Hill neighborhood of San Francisco early in the morning of April 4th. The moments following the stabbing attack were captured on surveillance video and in a 911 call to authorities, according to a local Bay Area news portal.

    The surveillance footage, reviewed by the online news site The San Francisco Standard, shows Lee walking alone on Main Street, “gripping his side with one hand and his cellphone in the other, leaving a trail of blood behind him.”

    Many in the tech world and beyond responded to news of Lee’s death with an outpouring of shock and grief. Some, including Elon Musk, also said the incident highlighted the fact that “violent crime in SF is horrific.”

    But on Thursday, San Francisco District Attorney Brooke Jenkins criticized Musk’s statement as “reckless and irresponsible.” Jenkins said Musk’s remark “assumed incorrect circumstances” about the death and effectively “spreads misinformation” while police were actively working to solve the case.

    Lee was the former chief technology officer of Square who helped launch Cash App. He later joined MobileCoin, a cryptocurrency and digital payments startup, in 2021 as its chief product officer.

    Josh Goldbard, the CEO MobileCoin, previously told CNN: “Bob was a dynamo, a force of nature. Bob was the genuine article. He was made for the world that is being born right now, he was a child of dreams, and whatever he imagined, no matter how crazy, he made real.”

    Earlier Thursday, San Francisco Board of Supervisors member Matt Dorsey expressed his gratitude to the police department’s homicide detail for “their tireless work to bring Bob Lee’s killer to justice and for their arrest of a suspect this morning.”

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  • UK citizen extradited to US pleads guilty to 2020 Twitter hack | CNN Business

    UK citizen extradited to US pleads guilty to 2020 Twitter hack | CNN Business

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    Reuters
     — 

    A citizen of the United Kingdom who was extradited to New York from Spain last month has pleaded guilty to cyberstalking and computer hacking schemes, including the 2020 hack of the social media site Twitter, the U.S. Justice Department said on Tuesday.

    Joseph James O’Connor, 23, was charged in both North Dakota and New York. The North Dakota case was transferred to the U.S. District Court for the Southern District of New York.

    O’Connor pleaded guilty to charges including conspiring to commit computer intrusions, to commit wire fraud and to commit money laundering.

    O’Connor, who was extradited to the U.S. on April 26, will also forfeit more than $794,000 and pay restitution to victims, prosecutors said. He faces a maximum of 77 years in prison at sentencing on June 23.

    “O’Connor’s criminal activities were flagrant and malicious, and his conduct impacted multiple people’s lives. He harassed, threatened, and extorted his victims, causing substantial emotional harm,” Assistant Attorney General Kenneth Polite said in a statement.

    Prosecutors said the schemes included gaining unauthorized access to social media accounts on Twitter in July 2020 as well as a TikTok account in August 2020. Along with his co-conspirators, O’Connor stole at least $794,000 worth of cryptocurrency.

    The July 2020 Twitter attack hijacked a variety of verified accounts, including those of then-Democratic presidential candidate Joe Biden and Tesla CEO Elon Musk, who now owns Twitter.

    The accounts of former President Barack Obama, reality TV star Kim Kardashian, Bill Gates, Warren Buffett, Benjamin Netanyahu, Jeff Bezos, Michael Bloomberg and Kanye West were also hit.

    The alleged hacker used the accounts to solicit digital currency, prompting Twitter to prevent some verified accounts from publishing messages for several hours until security could be restored.

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  • CNN projects Republican Carolyn Carluccio will advance to fall Pennsylvania Supreme Court race against Democrat Daniel McCaffery | CNN Politics

    CNN projects Republican Carolyn Carluccio will advance to fall Pennsylvania Supreme Court race against Democrat Daniel McCaffery | CNN Politics

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    CNN
     — 

    Republican voters in Pennsylvania made a candidate supported by the GOP establishment their nominee for an open state Supreme Court seat, rejecting another Republican contender more closely aligned with former President Donald Trump’s wing of the party.

    CNN projected the victory of Montgomery County Court of Common Pleas Judge Carolyn Carluccio in Tuesday’s primary, which marks a rebound for the more traditional elements of the GOP in this presidential battleground state. She will defeat Commonwealth Court Judge Patricia McCullough, who briefly halted the certification of the state’s election results in 2020, and had the backing of a key Trump ally, Republican state Sen. Doug Mastriano in this election.

    Mastriano had pushed the falsehood in his failed 2022 bid for governor that election fraud led to Trump’s 2020 loss in the state. Last year, the Trump-endorsed Mastriano bested the Republican field to win his party’s nomination in the governor’s race, only to suffer a double-digit defeat to Democrat Josh Shapiro in the general election.

    Carluccio now will face Democrat Superior Court Judge Daniel McCaffery in the fall.

    The Republican and Democratic nominees are vying for an open seat on Pennsylvania’s high court, following the death of former Chief Justice Max Baer, a Democrat, last year.

    The outcome of November’s election will not tip the partisan balance on the high court, where Democrats currently hold a 4-2 majority on the seven-member body, but it could narrow the gap and start to lay the foundation for a shift in power in future election cycles, experts say.

    “It could create a situation where, very shortly, the partisan balance on this court could be up for grabs,” said Douglas Keith, who researches judicial elections at the liberal-leaning Brennan Center for Justice at New York University’s law school.

    State supreme courts are the final arbiters on key issues, ranging from election ground rules to abortion policies. The Pennsylvania Supreme Court has upheld the state’s no-excuse mail voting law, and last year selected the state’s congressional map, breaking an impasse between the then-Republican controlled legislature and the state’s Democratic governor.

    Justices on Pennsylvania’s Supreme Court serve 10-year terms. After the first election, they run in so-called retention elections without opponents.

    Much of the attention in the Pennsylvania contest centered on the GOP primary between Carluccio and McCullough, who halted certification of the 2020 results – including Joe Biden’s victory in the state – in a ruling that was swiftly overturned by the state Supreme Court.

    McCullough, who lost a 2021 bid for the Supreme Court, calls herself “a strict constitutionalist judge,” and touted her rulings against pandemic restrictions and the state’s mail-in voting law in the campaign.

    But Carluccio had the backing of the state Republican Party and a national GOP group that’s active in judicial elections, the Republican State Leadership Committee’s Judicial Fairness Initiative, which has weighed in with $600,000 in advertising to boost Carluccio.

    In a statement to CNN this week, Carluccio said she would leave “personal and political opinions at the door and look at each case without bias and only determine the constitutionality of what’s before me.”

    Carluccio said she hasn’t questioned the outcome of any election, but she said she is concerned by what she called the “conflicting, and sometimes unclear,” decisions on the state’s mail-in voting law in recent years by the state Supreme Court.

    In 2019, the state legislatures passed a no-excuse mail-in voting law, known as Act 77, with bipartisan support. But it has become the target of criticism from some Republicans after it was employed in the contentious 2020 election that saw Biden flip the state. The high court has weighed in on aspects of the law multiple times. In 2020, for instance, the court ruled that ballots in two counties with missing dates on the outside of the ballot return envelope could be counted. In the 2022 election, however, the court ordered that mail ballots with missing or improper dates on the return envelopes should be kept out of the count and deadlocked on the underlying legal questions.

    “Our election laws must be applied consistently across all counties, regardless of the election year,” Carluccio said in her statement. “And, when part of our electorate has concerns about the integrity of our elections, rather than dismiss their concerns, the response should be bold transparency in the administration of our elections.”

    The modest spending in the under-the-radar Pennsylvania high court race stood sharp contrast to the record-setting spending that candidates and outside groups plowed into a Wisconsin Supreme Court election last month that, in the end, flipped control of that state’s high court to liberals. (A Kantar Media/CMAG analysis for the Brennan Center found that the ad spending for the Wisconsin high court seat hit $28.8 million as of early April, and some estimates put the likely final tally of all spending in that election even higher.)

    In an interview ahead of Tuesday’s election, Penn State political scientist Michael Nelson said the GOP primary represented a “good opportunity to get a sense of where the energy in the party is, what segment of the party is able to get their people to go on the polls on a random Tuesday in May when there hasn’t been wall-to-wall television advertising.”

    “Given that the Mastriano wing of the Republican Party was so dominant in the elections last fall, it will be interesting to see whether they can keep up that momentum or whether the standard-issue conservative wing of the party is able to rebound,” he added.

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  • How Meta got caught in tensions between the US and EU | CNN Business

    How Meta got caught in tensions between the US and EU | CNN Business

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    CNN
     — 

    Facebook-parent Meta has perhaps become the most high-profile casualty of a long-running privacy dispute between Europe and the United States — but it may not be the last.

    Meta has been fined a record-breaking €1.2 billion ($1.3 billion) by European Union regulators for violating EU privacy laws by transferring the personal data of Facebook users to servers in the United States. Meta said Monday it would appeal the ruling, including the fine.

    The historic fine against Meta — and a potentially game-changing legal order that could force Meta to stop transferring EU users’ data to the United States — isn’t just a one-off decision limited to this one company or its individual business practices. It reflects bigger, unresolved tensions between Europe and the United States over data privacy, government surveillance and regulation of internet platforms.

    Those underlying and fundamental disagreements, which have simmered for years, have now come to a head, casting a significant shadow over thousands of businesses that depend on processing EU data in the United States.

    Beyond its huge economic implications, however, the fine has once again highlighted Europe’s deep mistrust of US surveillance powers — right as the US government is trying to build its own case against foreign-linked apps such as TikTok over similar surveillance concerns.

    The origins of Meta’s fine this week trace back to a 2020 ruling by Europe’s top court.

    In that decision, the European Court of Justice struck down a complex transatlantic framework Meta and many other companies had been relying on until then to legally move EU user data to US servers in the ordinary course of running their businesses.

    That framework, known as Privacy Shield, was itself the outgrowth of European complaints that US authorities didn’t do enough to protect the privacy of EU citizens. At the time Privacy Shield was created, the world was still reeling from disclosures made by National Security Agency leaker Edward Snowden. His disclosures highlighted the vast reach of US surveillance programs such as PRISM, which allowed the NSA to snoop on the electronic communications of foreign nationals as they used tech tools built by Google, Microsoft, and Yahoo, among others.

    PRISM relied on a basic fact of internet architecture: Much of the world’s online communications take place on US-based platforms that route their data through US servers, with few legal protections or recourse for either foreigners or Americans swept up in the tracking.

    A 2013 European Parliament report on the PRISM program captured the EU’s sense of alarm, noting the “very strong implications” for EU citizens.

    “PRISM seems to have allowed an unprecedented scale and depth in intelligence gathering,” the report said, “which goes beyond counter-terrorism and beyond espionage activities carried out by liberal regimes in the past. This may lead towards an illegal form of Total Information Awareness where data of millions of people are subject to collection and manipulation by the NSA.”

    Privacy Shield was a 2016 US-EU agreement designed to address those concerns by making US companies certifiably accountable for their handling of EU user data. For a time, it seemed as if Privacy Shield could be a lasting solution facilitating the growth of the internet and a globally connected society, one in which the free flow of data would not be impeded.

    But when the European Court of Justice invalidated that framework in 2020, it reiterated longstanding surveillance concerns and insisted that Privacy Shield still didn’t provide EU citizens’ personal information the same level of protection in the US that it enjoys in EU countries, a standard required under GDPR, the EU’s signature privacy law.

    The loss of Privacy Shield created enormous uncertainty for the more than 5,300 businesses that rely on the smooth transfer of data across borders. The US government has said transatlantic data flows support the more than $7 trillion dollars of economic activity that occurs every year between the United States and the European Union. And the US Chamber of Commerce has estimated that transatlantic data transfers account for about half of all data transfers in both the US and the EU.

    The Biden administration has moved to implement a successor to Privacy Shield that contains some changes to US surveillance practices, and if it is fully implemented in time, it could prevent Meta and other companies from having to suspend transatlantic data transfers or some of their European operations.

    But it’s unclear whether those changes will be enough to be accepted by the EU, or whether the new data privacy framework could avoid its own court challenge.

    The possibility that US-EU data transfers may be seriously disrupted is refocusing scrutiny on US surveillance law just as the US government has been sounding its own alarms about Chinese government surveillance.

    US officials have warned that China could seek to use data collected from TikTok or other foreign-linked companies to benefit the country’s intelligence or propaganda campaigns, using the personal information to identify spying targets or to manipulate public opinion through targeted disinformation.

    But US moral authority on the issue risks being eroded by the EU criticism, a problem for the US government that may only be compounded by its own missteps.

    Just last week, a federal court described how the FBI improperly accessed a vast intelligence database meant for surveilling foreign nationals in a bid to gather information on US Capitol rioters and those who protested the 2020 killing of George Floyd.

    The improper access, which was not “reasonably likely” to retrieve foreign intelligence information or evidence of a crime, according to a Justice Department assessment described in the court’s opinion, has only inflamed domestic critics of US surveillance law, and could give ammunition to EU critics.

    The intelligence database at issue was authorized under Section 702 of the Foreign Intelligence Surveillance Act — the same law used to justify the NSA’s PRISM program and which the EU has repeatedly cited as a danger to its citizens and a reason to suspect transatlantic data sharing.

    While the US distinguishes itself from China based on commitments to open and democratic governance, the EU’s concerns about the US are not much different in kind: They come from a place of deep mistrust of broad surveillance authority and suspicions about the potential misuse of user data.

    For years, civil liberties advocates have alleged that Section 702 enables warrantless spying on Americans on an enormous scale. Now, the FBI incident may only further validate EU fears; add to the existing concerns that led to Meta’s fine; contribute to the potential unraveling of the US-EU data relationship; and damage US credibility in its push to warn about the hypothetical risks of letting TikTok data flow to China.

    If a new transatlantic data agreement is delayed or falls apart, Meta won’t be the only company stuck with the bill. Thousands of other companies may get caught in the middle, and the United States will have to hope nobody looks too closely at why while still trying to make a case against TikTok.

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  • Manhattan district attorney urges court to reject Trump bid to move criminal case | CNN Politics

    Manhattan district attorney urges court to reject Trump bid to move criminal case | CNN Politics

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    CNN
     — 

    The Manhattan District Attorney’s office is arguing that former President Donald Trump’s criminal case involving hush money payments to adult film star Stormy Daniels should not be moved to federal court because it had nothing to do with Trump’s official duties as president.

    In a court filing late Tuesday, Manhattan District Attorney Alvin Bragg, a Democrat, used Trump’s own statements against him, citing Trump’s 2018 tweets about the hush money payments to Daniels as a “private contract” and “private agreement.” The filing also pointed to Trump’s then-lawyer Rudy Giuliani saying in 2018 that the payment “was made to resolve a personal and false allegation.”

    Trump was charged in April with 34 felony counts of falsifying business records over the repayments to then-lawyer Michael Cohen for hush money payments made during the 2016 campaign to women who claimed they had extramarital affairs with Trump, which he denies. Trump pleaded not guilty to all charges.

    Earlier this month, Trump’s attorneys sought to move the criminal case against Trump from New York into federal court, arguing the Manhattan district attorney’s charges against Trump were tied to his duties as president.

    But the district attorney’s filing urges a federal judge to reject that bid, saying that the payments at question related to his personal business and were made to “conceal criminal conduct that largely occurred before his inauguration.”

    “The objective of the alleged conduct had nothing to do with defendant’s duties and responsibilities as President,” the Manhattan district attorney’s office wrote. “Instead, the falsified business records at issue here were generated as part of a scheme to reimburse defendant’s personal lawyer for an entirely unofficial expenditure that was made before defendant became president.”

    The motion from Trump’s attorneys to move the criminal case out of New York has not paused the case there. Last week, Trump appeared virtually at a hearing in which Judge Juan Merchan read Trump an order about what he can and cannot say publicly about the case and evidence that his legal team will receive from prosecutors to prepare for trial.

    At that hearing, Merchan set a trial date of March 25, 2024, potentially setting the trial to occur during the middle of the Republican presidential primary season early next year.

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