ReportWire

Tag: insurrection

  • Former Capitol Police officer reflects on 5th anniversary of Jan. 6 riot – WTOP News

    [ad_1]

    Nearly five years after the Jan. 6 attack, former Capitol Police Officer Harry Dunn reflected on what happened during the riot and its aftermath.

    Tuesday will mark five years since hundreds of supporters of President Donald Trump stormed the U.S. Capitol and reiterated his false claims that the election was stolen.

    U.S. Capitol Police Sgt. Harry Dunn testifies during a House select committee hearing on the Jan. 6 attack on Capitol Hill in Washington, Tuesday, July 27, 2021. (Jim Bourg/Pool via AP)(AP/Jim Bourg)

    The riot happened on Jan. 6, 2021, as Congress was certifying former President Joe Biden’s victory in the 2020 election.

    More than 100 officers were injured in the Capitol riot; one died and several others took their own lives in the aftermath.

    About 1,500 people were convicted on charges associated with their actions during the attack, including some who were convicted of injuring police officers who were trying to protect the Capitol.

    On the day he was sworn into office for a second term, Trump pardoned the 1,500.

    WTOP’s Anne Kramer and Shawn Anderson reflected on the attack with former Capitol Police Officer Harry Dunn, who was at the Capitol on that day.

    Former Capitol Police Sgt. Harry Dunn reflects on the 5th anniversary of the Capitol Riot with WTOP’s Shawn Anderson and Anne Kramer.

    The following transcript has been lightly edited for clarity.

    • Shawn Anderson:

      This has to be an incredibly difficult time for you. Walk us through what you were thinking about, and feeling, as the anniversary comes up tomorrow.

    • Harry Dunn:

      Well, it hasn’t just been this specific time being a difficult one. Every day since that day has been a difficult one. Not because of what happened on that day, but what happened in the aftermath and what continues to happen.

      The lying about what happened, the whitewashing about what happened, denying what happened, not acknowledging the heroic actions by the Capitol Police, the Metropolitan Police, the other departments that responded to save.

      It has been described as a peaceful protest, a tourist visit, by members of Congress, by the president of the United States, and they’re doing whatever they can to change the narrative of that day. It’s really unfortunate, because everybody saw with their own eyes what happened that day.

    • Anne Kramer:

      How difficult, Harry, is that to process — what’s being said? One of your colleagues told The Associated Press the same thing you’ve just mentioned, how difficult it is, even from family and friends, who don’t believe what happened was a big deal or doubt the police in the events of that day.

    • Harry Dunn:

      It’s extremely frustrating. But this isn’t anything new. Tomorrow will be five years and five years of dealing with it. So it’s kind of like you’ve almost gotten used to it.

      I hate that feeling, but I’ll never stop continuing to remind people what really did happen that day, to push back against the lies that are happening. A lot of people are saying, ‘Hey, we should move on from Jan. 6, we should get over it.’ I agree 100%. I would love nothing more than to get over it. But when you have people like the president, this administration doing everything they can, and they’re still talking about it. They’re still bringing it up.

      There’s an active lawsuit in the court to compel the architect of the Capitol to hang a federally mandated plaque up honoring the officers that day. Imagine officers having to go to court to sue to be recognized. It’s just really unfortunate the lengths that they’re going through to whitewash and change the history of that day.

    • Shawn Anderson :

      You became such an activist after Jan. 6, even trying to run for Congress in the state of Maryland. How do you talk to people as you continue to speak to the public these days? What do you tell them as you share your story?

    • Harry Dunn:

      It’s funny that you call me an activist, because I just think it’s standing up and doing what you believe in your heart is right. And I think that’s what it all comes down to, doing what you believe is right. Standing up for when you think something’s wrong, like John Lewis said, ‘Get into good trouble.’ And that’s kind of like been my mantra.

      I don’t know how this is all going to turn out. Everything that’s going on in the world, everything that’s going on with Jan. 6. I don’t know how it’s all going to turn out, none of us do. But I do know that if we don’t show up, if we don’t keep standing up and resisting and there’s some kind of opposition, that it won’t go well for us.

      So the message that I always say out there is keep showing up even when it’s bleak, even when it’s hard. And that’s in everything that you’re doing in life, not just Jan. 6 or political matters, just you have to continue getting up and showing up.

    • Anne Kramer:

      Harry tomorrow, the former leader of the proud boys, Enrique Tarrio, who was convicted and then pardoned by President Trump for his role in the Capitol riot is supposed to hold what’s being called a memorial march to honor those who died. What’s going through your head when you hear this is going to happen tomorrow?

    • Harry Dunn:

      When I first saw it that my honestly reaction was ‘whatever,’ like, I don’t give any credence to anything that those individuals do. They were convicted and pardoned by another criminal themselves, just to be blunt. Criminals pardoned by a criminal and that’s literally all that I see them as.

      Jan. 6 was bad for a lot of people, not just the officers who suffered violence that day; for America, for the rioters who participated, it was a bad day for everybody. And everybody should be seeking transparency. I mean the Proud Boys have lawsuit against the Department of Justice for convicting them, or whatever the specifics of their cases.

      But I just think it’s really unfortunate that they are seeing themselves as the good guys, so to speak, when there were hundreds of officers who protected the Capitol, protected members of Congress who they may or may not agree with just because it’s the right thing to do. They did their jobs. And it’s just really unfortunate. So when I saw that news, I was just like ‘whatever.’

    • Shawn Anderson:

      We mentioned that you did run for Congress a few years after Jan. 6. You didn’t make it through the primary first time around running for Congress? Do you still foresee a political career in your future? Will you try again in some way?

    • Harry Dunn:

      I see a career in just public service and just wherever I can be helpful, wherever I can be useful. I don’t want to give a politician answer. So no, I’ll never rule out an opportunity to run for Congress again. I haven’t ruled it out, but I haven’t made a decision to do so either at this moment.

      But I will always continue to show up, metaphorically speaking, when there’s a fight for it to show up. I will always be there, hopefully on the right side of it.

    [ad_2]

    Jessica Kronzer

    Source link

  • Trump issues new pardons for January 6 rioters, including militia member and woman who threatened FBI

    [ad_1]

    (CNN) — President Donald Trump has issued a new pardon to a militia member involved in the January 6, 2021, Capitol riot, covering separate Kentucky firearms offenses that were not included in his initial Inauguration Day pardon.

    In April, the appeals court for the District of Columbia rejected Dan Wilson’s attempt to vacate his firearms-related sentences from the Western District of Kentucky that were transferred to DC.

    “The plain language of the pardon does not apply to the Kentucky firearms offenses,” the appeals court stated, returning him to prison.

    Trump in January issued more than a thousand pardons and commutations of those involved with the January 6 attack on the US Capitol and said last month he was “very proud” of it.

    US pardon attorney Ed Martin was one of the people who advocated for Wilson’s new unconditional pardon, which was issued Friday.

    “Danny Wilson is now a free man. When I was DC’s U.S. Attorney, and now as U.S. Pardon Attorney, I advocated for this clemency, which the president granted Friday,” Martin posted on X, thanking Trump.

    The White House said the gun charges were ultimately related to the January 6 investigation.

    “While being investigated for conduct related to January 6 – which President Trump issued a larger pardon for in January – investigators discovered that Mr. Wilson may have owned unauthorized firearms. Because the search of Mr. Wilson’s home was due to the events of January 6, President Trump is pardoning Mr. Wilson for the firearm issues,” a White House official told CNN on Saturday.

    Martin announced Saturday that Trump granted another pardon to Suzanne Kaye, who was sentenced to prison for threatening to shoot FBI agents in a video posted on social media in 2021. The comments were directed at agents who were seeking to question her about her presence in Washington, DC, on January 6.

    Kaye was arrested in February 2021.

    “On video, Kaye announced that she would ‘shoot their [expletive] a–’ if FBI agents showed up at her house,” according to a release by the Justice Department in 2023.

    Alleging “the Biden DOJ targeted Suzanne Kaye for social media posts,” Martin posted on X, “President Trump is unwinding the damage done by Biden’s DOJ weaponization, so the healing can begin.”

    [ad_2]

    Kit Maher and CNN

    Source link

  • Trump pardons Jan. 6 rioter for gun offense and woman convicted of threatening to shoot FBI agents

    [ad_1]

    President Donald Trump has issued two pardons related to the investigation into the Jan. 6, 2021, riot, including for a woman convicted of threatening to shoot FBI agents who were investigating a tip that she may have been at the Capitol, officials said Saturday.Related video above: BBC leaders resign amid scandal over misleading edit of Trump’s Jan. 6 speechIn a separate case, Trump issued a second pardon for a Jan. 6 defendant who had remained behind bars despite the sweeping grant of clemency for Capitol rioters because of a separate conviction for illegally possessing firearms.It’s the latest example of Trump’s willingness to use his constitutional authority to help supporters who were scrutinized as part of the Biden administration’s massive Jan. 6 investigation that led to charges against more than 1,500 defendants.Suzanne Ellen Kaye was released last year after serving an 18-month sentence in her threats case. After the FBI contacted her in 2021 about a tip indicating she may have been at the Capitol on Jan. 6, she posted a video on social media citing her Second Amendment right to carry a gun, and she threatened to shoot agents if they came to her house. In court papers, prosecutors said her words “were part of the ubiquity of violent political rhetoric that causes serious harm to our communities.”An email seeking comment was sent to a lawyer for Kaye on Saturday. Kaye testified at trial that she didn’t own any guns and didn’t intend to threaten the FBI, according to court papers. She told authorities she was not at the Capitol on Jan. 6 and wasn’t charged with any Capitol riot-related crimes.A White House official said Kaye suffers from “stress-induced seizures” and experienced one when the jury read its verdict. The White House said this is “clearly a case of disfavored First Amendment political speech being prosecuted and an excessive sentence.” The official requested anonymity because they weren’t authorized to publicly discuss the case.In a separate case, Trump pardoned Daniel Edwin Wilson, of Louisville, Kentucky, who was under investigation for his role in the riot when authorities found six guns and roughly 4,800 rounds of ammunition in his home. Because of prior felony convictions, it was illegal for him to possess firearms.Wilson’s case became part of a legal debate over whether Trump’s sweeping pardons for Jan. 6 rioters in January applied to other crimes discovered during the sprawling federal dragnet that began after the attack on the Capitol. The Trump-appointed federal judge who oversaw Wilson’s case criticized the Justice Department earlier this year for arguing that the president’s Jan. 6 pardons applied to Wilson’s gun offense.Wilson, who had been scheduled to remain in prison until 2028, was released Friday evening following the pardon, his lawyer said on Saturday.”We are grateful that President Trump has recognized the injustice in my client’s case and granted him this pardon,” attorney George Pallas said in an email. “Mr. Wilson can now reunite with his family and begin rebuilding his life.”The White House official said Saturday that “because the search of Mr. Wilson’s home was due to the events of January 6, and they should have never been there in the first place, President Trump is pardoning Mr. Wilson for the firearm issues.”Wilson had been sentenced in 2024 to five years in prison after pleading guilty to conspiring to impede or injure police officers and illegally possessing firearms at his home.Prosecutors had accused him of planning for the Jan. 6 riot for weeks and coming to Washington with the goal of stopping the peaceful transfer of power. Authorities said he communicated with members of the far-right Oath Keepers extremist group and adherents of the antigovernment Three Percenters movement as he marched to the Capitol.Prosecutors cited messages they argued showed that Wilson’s “plans were for a broader American civil war.” In one message on Nov. 9, 2020, he wrote: “I’m willing to do whatever. Done made up my mind. I understand the tip of the spear will not be easy. I’m willing to sacrifice myself if necessary. Whether it means prison or death.”Wilson said at his sentencing that he regretted entering the Capitol that day but “got involved with good intentions.”The Justice Department had initially argued in February that Trump’s pardons of the Jan. 6 rioters on his first day back in the White House didn’t extend to Wilson’s gun crime. The department later changed its position, saying it had received “further clarity on the intent of the Presidential Pardon.”U.S. District Judge Dabney Friedrich, who was nominated to the bench by Trump, criticized the department’s evolving position and said it was “extraordinary” that prosecutors were seeking to argue that Trump’s Jan. 6 pardons extended to illegal “contraband” found by investigators during searches related to the Jan. 6 cases.Politico first reported Wilson’s pardon on Saturday.Megerian reported from West Palm Beach, Fla.

    President Donald Trump has issued two pardons related to the investigation into the Jan. 6, 2021, riot, including for a woman convicted of threatening to shoot FBI agents who were investigating a tip that she may have been at the Capitol, officials said Saturday.

    Related video above: BBC leaders resign amid scandal over misleading edit of Trump’s Jan. 6 speech

    In a separate case, Trump issued a second pardon for a Jan. 6 defendant who had remained behind bars despite the sweeping grant of clemency for Capitol rioters because of a separate conviction for illegally possessing firearms.

    It’s the latest example of Trump’s willingness to use his constitutional authority to help supporters who were scrutinized as part of the Biden administration’s massive Jan. 6 investigation that led to charges against more than 1,500 defendants.

    Suzanne Ellen Kaye was released last year after serving an 18-month sentence in her threats case. After the FBI contacted her in 2021 about a tip indicating she may have been at the Capitol on Jan. 6, she posted a video on social media citing her Second Amendment right to carry a gun, and she threatened to shoot agents if they came to her house. In court papers, prosecutors said her words “were part of the ubiquity of violent political rhetoric that causes serious harm to our communities.”

    An email seeking comment was sent to a lawyer for Kaye on Saturday. Kaye testified at trial that she didn’t own any guns and didn’t intend to threaten the FBI, according to court papers. She told authorities she was not at the Capitol on Jan. 6 and wasn’t charged with any Capitol riot-related crimes.

    A White House official said Kaye suffers from “stress-induced seizures” and experienced one when the jury read its verdict. The White House said this is “clearly a case of disfavored First Amendment political speech being prosecuted and an excessive sentence.” The official requested anonymity because they weren’t authorized to publicly discuss the case.

    In a separate case, Trump pardoned Daniel Edwin Wilson, of Louisville, Kentucky, who was under investigation for his role in the riot when authorities found six guns and roughly 4,800 rounds of ammunition in his home. Because of prior felony convictions, it was illegal for him to possess firearms.

    Wilson’s case became part of a legal debate over whether Trump’s sweeping pardons for Jan. 6 rioters in January applied to other crimes discovered during the sprawling federal dragnet that began after the attack on the Capitol. The Trump-appointed federal judge who oversaw Wilson’s case criticized the Justice Department earlier this year for arguing that the president’s Jan. 6 pardons applied to Wilson’s gun offense.

    Wilson, who had been scheduled to remain in prison until 2028, was released Friday evening following the pardon, his lawyer said on Saturday.

    “We are grateful that President Trump has recognized the injustice in my client’s case and granted him this pardon,” attorney George Pallas said in an email. “Mr. Wilson can now reunite with his family and begin rebuilding his life.”

    The White House official said Saturday that “because the search of Mr. Wilson’s home was due to the events of January 6, and they should have never been there in the first place, President Trump is pardoning Mr. Wilson for the firearm issues.”

    Wilson had been sentenced in 2024 to five years in prison after pleading guilty to conspiring to impede or injure police officers and illegally possessing firearms at his home.

    Prosecutors had accused him of planning for the Jan. 6 riot for weeks and coming to Washington with the goal of stopping the peaceful transfer of power. Authorities said he communicated with members of the far-right Oath Keepers extremist group and adherents of the antigovernment Three Percenters movement as he marched to the Capitol.

    Prosecutors cited messages they argued showed that Wilson’s “plans were for a broader American civil war.” In one message on Nov. 9, 2020, he wrote: “I’m willing to do whatever. Done made up my mind. I understand the tip of the spear will not be easy. I’m willing to sacrifice myself if necessary. Whether it means prison or death.”

    Wilson said at his sentencing that he regretted entering the Capitol that day but “got involved with good intentions.”

    The Justice Department had initially argued in February that Trump’s pardons of the Jan. 6 rioters on his first day back in the White House didn’t extend to Wilson’s gun crime. The department later changed its position, saying it had received “further clarity on the intent of the Presidential Pardon.”

    U.S. District Judge Dabney Friedrich, who was nominated to the bench by Trump, criticized the department’s evolving position and said it was “extraordinary” that prosecutors were seeking to argue that Trump’s Jan. 6 pardons extended to illegal “contraband” found by investigators during searches related to the Jan. 6 cases.

    Politico first reported Wilson’s pardon on Saturday.


    Megerian reported from West Palm Beach, Fla.

    [ad_2]

    Source link

  • Trump pardons Jan. 6 rioter for gun offense and woman convicted of threatening to shoot FBI agents

    [ad_1]

    President Donald Trump has issued two pardons related to the investigation into the Jan. 6, 2021, riot, including for a woman convicted of threatening to shoot FBI agents who were investigating a tip that she may have been at the Capitol, officials said Saturday.Related video above: BBC leaders resign amid scandal over misleading edit of Trump’s Jan. 6 speechIn a separate case, Trump issued a second pardon for a Jan. 6 defendant who had remained behind bars despite the sweeping grant of clemency for Capitol rioters because of a separate conviction for illegally possessing firearms.It’s the latest example of Trump’s willingness to use his constitutional authority to help supporters who were scrutinized as part of the Biden administration’s massive Jan. 6 investigation that led to charges against more than 1,500 defendants.Suzanne Ellen Kaye was released last year after serving an 18-month sentence in her threats case. After the FBI contacted her in 2021 about a tip indicating she may have been at the Capitol on Jan. 6, she posted a video on social media citing her Second Amendment right to carry a gun, and she threatened to shoot agents if they came to her house. In court papers, prosecutors said her words “were part of the ubiquity of violent political rhetoric that causes serious harm to our communities.”An email seeking comment was sent to a lawyer for Kaye on Saturday. Kaye testified at trial that she didn’t own any guns and didn’t intend to threaten the FBI, according to court papers. She told authorities she was not at the Capitol on Jan. 6 and wasn’t charged with any Capitol riot-related crimes.A White House official said Kaye suffers from “stress-induced seizures” and experienced one when the jury read its verdict. The White House said this is “clearly a case of disfavored First Amendment political speech being prosecuted and an excessive sentence.” The official requested anonymity because they weren’t authorized to publicly discuss the case.In a separate case, Trump pardoned Daniel Edwin Wilson, of Louisville, Kentucky, who was under investigation for his role in the riot when authorities found six guns and roughly 4,800 rounds of ammunition in his home. Because of prior felony convictions, it was illegal for him to possess firearms.Wilson’s case became part of a legal debate over whether Trump’s sweeping pardons for Jan. 6 rioters in January applied to other crimes discovered during the sprawling federal dragnet that began after the attack on the Capitol. The Trump-appointed federal judge who oversaw Wilson’s case criticized the Justice Department earlier this year for arguing that the president’s Jan. 6 pardons applied to Wilson’s gun offense.Wilson, who had been scheduled to remain in prison until 2028, was released Friday evening following the pardon, his lawyer said on Saturday.”We are grateful that President Trump has recognized the injustice in my client’s case and granted him this pardon,” attorney George Pallas said in an email. “Mr. Wilson can now reunite with his family and begin rebuilding his life.”The White House official said Saturday that “because the search of Mr. Wilson’s home was due to the events of January 6, and they should have never been there in the first place, President Trump is pardoning Mr. Wilson for the firearm issues.”Wilson had been sentenced in 2024 to five years in prison after pleading guilty to conspiring to impede or injure police officers and illegally possessing firearms at his home.Prosecutors had accused him of planning for the Jan. 6 riot for weeks and coming to Washington with the goal of stopping the peaceful transfer of power. Authorities said he communicated with members of the far-right Oath Keepers extremist group and adherents of the antigovernment Three Percenters movement as he marched to the Capitol.Prosecutors cited messages they argued showed that Wilson’s “plans were for a broader American civil war.” In one message on Nov. 9, 2020, he wrote: “I’m willing to do whatever. Done made up my mind. I understand the tip of the spear will not be easy. I’m willing to sacrifice myself if necessary. Whether it means prison or death.”Wilson said at his sentencing that he regretted entering the Capitol that day but “got involved with good intentions.”The Justice Department had initially argued in February that Trump’s pardons of the Jan. 6 rioters on his first day back in the White House didn’t extend to Wilson’s gun crime. The department later changed its position, saying it had received “further clarity on the intent of the Presidential Pardon.”U.S. District Judge Dabney Friedrich, who was nominated to the bench by Trump, criticized the department’s evolving position and said it was “extraordinary” that prosecutors were seeking to argue that Trump’s Jan. 6 pardons extended to illegal “contraband” found by investigators during searches related to the Jan. 6 cases.Politico first reported Wilson’s pardon on Saturday.Megerian reported from West Palm Beach, Fla.

    President Donald Trump has issued two pardons related to the investigation into the Jan. 6, 2021, riot, including for a woman convicted of threatening to shoot FBI agents who were investigating a tip that she may have been at the Capitol, officials said Saturday.

    Related video above: BBC leaders resign amid scandal over misleading edit of Trump’s Jan. 6 speech

    In a separate case, Trump issued a second pardon for a Jan. 6 defendant who had remained behind bars despite the sweeping grant of clemency for Capitol rioters because of a separate conviction for illegally possessing firearms.

    It’s the latest example of Trump’s willingness to use his constitutional authority to help supporters who were scrutinized as part of the Biden administration’s massive Jan. 6 investigation that led to charges against more than 1,500 defendants.

    Suzanne Ellen Kaye was released last year after serving an 18-month sentence in her threats case. After the FBI contacted her in 2021 about a tip indicating she may have been at the Capitol on Jan. 6, she posted a video on social media citing her Second Amendment right to carry a gun, and she threatened to shoot agents if they came to her house. In court papers, prosecutors said her words “were part of the ubiquity of violent political rhetoric that causes serious harm to our communities.”

    An email seeking comment was sent to a lawyer for Kaye on Saturday. Kaye testified at trial that she didn’t own any guns and didn’t intend to threaten the FBI, according to court papers. She told authorities she was not at the Capitol on Jan. 6 and wasn’t charged with any Capitol riot-related crimes.

    A White House official said Kaye suffers from “stress-induced seizures” and experienced one when the jury read its verdict. The White House said this is “clearly a case of disfavored First Amendment political speech being prosecuted and an excessive sentence.” The official requested anonymity because they weren’t authorized to publicly discuss the case.

    In a separate case, Trump pardoned Daniel Edwin Wilson, of Louisville, Kentucky, who was under investigation for his role in the riot when authorities found six guns and roughly 4,800 rounds of ammunition in his home. Because of prior felony convictions, it was illegal for him to possess firearms.

    Wilson’s case became part of a legal debate over whether Trump’s sweeping pardons for Jan. 6 rioters in January applied to other crimes discovered during the sprawling federal dragnet that began after the attack on the Capitol. The Trump-appointed federal judge who oversaw Wilson’s case criticized the Justice Department earlier this year for arguing that the president’s Jan. 6 pardons applied to Wilson’s gun offense.

    Wilson, who had been scheduled to remain in prison until 2028, was released Friday evening following the pardon, his lawyer said on Saturday.

    “We are grateful that President Trump has recognized the injustice in my client’s case and granted him this pardon,” attorney George Pallas said in an email. “Mr. Wilson can now reunite with his family and begin rebuilding his life.”

    The White House official said Saturday that “because the search of Mr. Wilson’s home was due to the events of January 6, and they should have never been there in the first place, President Trump is pardoning Mr. Wilson for the firearm issues.”

    Wilson had been sentenced in 2024 to five years in prison after pleading guilty to conspiring to impede or injure police officers and illegally possessing firearms at his home.

    Prosecutors had accused him of planning for the Jan. 6 riot for weeks and coming to Washington with the goal of stopping the peaceful transfer of power. Authorities said he communicated with members of the far-right Oath Keepers extremist group and adherents of the antigovernment Three Percenters movement as he marched to the Capitol.

    Prosecutors cited messages they argued showed that Wilson’s “plans were for a broader American civil war.” In one message on Nov. 9, 2020, he wrote: “I’m willing to do whatever. Done made up my mind. I understand the tip of the spear will not be easy. I’m willing to sacrifice myself if necessary. Whether it means prison or death.”

    Wilson said at his sentencing that he regretted entering the Capitol that day but “got involved with good intentions.”

    The Justice Department had initially argued in February that Trump’s pardons of the Jan. 6 rioters on his first day back in the White House didn’t extend to Wilson’s gun crime. The department later changed its position, saying it had received “further clarity on the intent of the Presidential Pardon.”

    U.S. District Judge Dabney Friedrich, who was nominated to the bench by Trump, criticized the department’s evolving position and said it was “extraordinary” that prosecutors were seeking to argue that Trump’s Jan. 6 pardons extended to illegal “contraband” found by investigators during searches related to the Jan. 6 cases.

    Politico first reported Wilson’s pardon on Saturday.


    Megerian reported from West Palm Beach, Fla.

    [ad_2]

    Source link

  • BBC leaders resign after the broadcaster’s editing of a Trump speech is called misleading

    [ad_1]

    BBC Director-General Tim Davie and BBC News Chief Executive Deborah Turness announced Sunday they are resigning from their positions.

    The departures come as the British public broadcaster has faced criticism for its editing of President Trump’s Jan. 6, 2021, speech before the Capitol riot and insurrection.

    The BBC investigative series “Panorama,” in a broadcast a week ahead of the U.S. presidential election last year, featured an edited video of Trump’s speech.

    Critics said that the way the speech was edited was misleading in that it cut out a section in which Trump said that he expected his supporters would demonstrate peacefully.

    “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard,” Trump said in the speech, during which he also urged his supporters to “fight like hell.”

    In a statement, Turness acknowledged the controversy around the “Panorama” broadcast, noting, “In public life leaders need to be fully accountable, and that is why I am stepping down. While mistakes have been made, I want to be absolutely clear recent allegations that BBC News is institutionally biased are wrong.”

    In a separate news release, Davie said, “In these increasingly polarized times, the BBC is of unique value and speaks to the very best of us. It helps make the UK a special place; overwhelmingly kind, tolerant and curious. Like all public organizations, the BBC is not perfect, and we must always be open, transparent and accountable.

    “While not being the only reason, the current debate around BBC News has understandably contributed to my decision. Overall the BBC is delivering well, but there have been some mistakes made and as Director-General I have to take ultimate responsibility.”

    Trump posted a link to a Daily Telegraph story about the speech-editing on his Truth Social network, thanking the newspaper “for exposing these Corrupt ‘Journalists.’ These are very dishonest people who tried to step on the scales of a Presidential Election.” He called that “a terrible thing for Democracy!”

    White House Press Secretary Karoline Leavitt reacted on X, posting a screen grab of an article headlined “Trump goes to war with ‘fake news’ BBC” beside another about Davie’s resignation, with the words “shot” and “chaser.”

    Trump was impeached and criminally indicted over his role in the Jan. 6, 2021, riot and insurrection. The felony charges were dropped after he won the 2024 election, as U.S. Justice Department policy holds that a sitting president may not be criminally prosecuted.

    Pressure on the broadcaster’s top executives has been growing since the Daily Telegraph newspaper published parts of a dossier complied by Michael Prescott, who had been hired to advise the BBC on standards and guidelines.

    As well as the Trump edit, it criticized the BBC’s coverage of transgender issues and raised concerns of anti-Israel bias in the BBC’s Arabic service.

    The 103-year-old BBC faces greater scrutiny than other broadcasters — and criticism from its commercial rivals — because of its status as a national institution funded through an annual license fee of $230 paid by all households with a television.

    The BBC airs vast reams of entertainment and sports programming across multiple television and radio stations and online platforms — but it’s the BBC’s news output that is most often under scrutiny.

    The broadcaster is bound by the terms of its charter to be impartial in its output, and critics are quick to point out when they think it has failed. It’s frequently a political football, with conservatives seeing a leftist slant in its news output and some liberals accusing it of having a conservative bias.

    It has also been criticized from all angles over its coverage of the Israel-Hamas war in Gaza. In February, the BBC removed a documentary about Gaza from its streaming service after it emerged that the child narrator was the son of an official in the Hamas-led government.

    The BBC shakeup comes as Trump has been extremely aggressive in pursuing lawsuits against U.S. media companies. Paramount Global forked over $16 million this summer after Trump complained about the editing of a Kamala Harris interview on CBS’ “60 minutes.” Last year, ABC News paid $16 million to settle Trump’s defamation lawsuit against anchor George Stephanopoulos.

    The Associated Press contributed to this report.

    [ad_2]

    Mark Olsen

    Source link

  • NC Proud Boy was in ‘front ranks’ of Jan. 6 violence at Capitol, feds say

    NC Proud Boy was in ‘front ranks’ of Jan. 6 violence at Capitol, feds say

    [ad_1]

    The FBI arrested a 46-year-old Concord man in Charlotte on Tuesday, accusing him of participating in the violent breach of the Capitol on Jan. 6, 2021.

    Jay Robert Thaxton joined other members of the Proud Boys in storming the Capitol to disrupt a joint session of Congress, according to a U.S. Department of Justice news release.

    Congress convened the session to count electoral votes, certifying Joe Biden as the winner of the 2020 presidential election over Donald Trump.

    Publicly available footage shows Jay Robert Thaxton, 46, of Concord, at “the front ranks of the rioters” as they neared the Lower West Plaza of the Capitol, according a criminal complaint filed against Thaxton in the District of Columbia.
    Publicly available footage shows Jay Robert Thaxton, 46, of Concord, at “the front ranks of the rioters” as they neared the Lower West Plaza of the Capitol, according a criminal complaint filed against Thaxton in the District of Columbia. SCREEN SHOT OF PHOTO in FBI AFFIDAVIT

    ‘Grabbed, pushed and pulled’ barricades

    Publicly available footage shows Thaxton heading to “the front ranks of the rioters” as they neared the Lower West Plaza of the Capitol, according to a criminal complaint filed against Thaxton in U.S. District Court in the District of Columbia.

    The FBI charged Thaxton with the felony offense of obstruction of law enforcement during a civil disorder. He also was charged with: Misdemeanor counts of entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol building or grounds; and obstructing or impeding passage in a Capitol building or grounds.

    According to an FBI affidavit, Jay Robert Thaxton, a 46-year-old Concord, N.C., resident, is shown grabbing black fencing that rioters destroyed at the Capitol on Jan. 6, 2021.
    According to an FBI affidavit, Jay Robert Thaxton, a 46-year-old Concord, N.C., resident, is shown grabbing black fencing that rioters destroyed at the Capitol on Jan. 6, 2021. SCREEN SHOT OF PHOTO IN FBI AFFIDAVIT

    Thaxton and other members of the Proud Boys, a far-right extremist group, marched along the west, north and east sides of the Capitol before breaching it, an FBI agent said in an arrest warrant affidavit.

    On the Lower West Plaza, Thaxton “grabbed, pushed and pulled” police bike racks that served as temporary barricades against the rioters, according to court documents.

    Rioters eventually breached the police line on the Lower West Plaza, court records show.

    According to an FBI affidavit, Jay Robert Thaxton, a 46-year-old Concord, N.C., resident, is shown in this photo grabbing, pushing and pulling police bike racks that served as temporary barricades against rioters at the Capitol on Jan. 6, 2021.
    According to an FBI affidavit, Jay Robert Thaxton, a 46-year-old Concord, N.C., resident, is shown in this photo grabbing, pushing and pulling police bike racks that served as temporary barricades against rioters at the Capitol on Jan. 6, 2021. SCREEN SHOT OF FBI AFFIDAVIT

    Thaxton was arrested in Washington that night on a curfew violation charge, prosecutors said. He couldn’t be reached by The Charlotte Observer on Tuesday.

    Thaxton joins at least 1,423 others from nearly all 50 states to be charged in connection with the violence.

    Members of the U.S. House committee that investigated the Jan. 6 attack found that Trump provoked his supporters to violence through his false allegations of fraud in the election.

    Related stories from Charlotte Observer

    Joe Marusak has been a reporter for The Charlotte Observer since 1989 covering the people, municipalities and major news events of the region, and was a news bureau editor for the paper. He currently reports on breaking news.
    Support my work with a digital subscription

    [ad_2]

    Source link

  • Special Counsel Jack Smith urges Supreme Court to deny Trump’s request to delay trial

    Special Counsel Jack Smith urges Supreme Court to deny Trump’s request to delay trial

    [ad_1]

    After Donald Trump’s immunity requests were rejected by the D.C. Circuit, Special Counsel Jack Smith was given one week to file his brief to the Supreme Court. Trump has requested to stay (or put the case on hold) regarding his insurrection charges in Washington, D.C. Today, Smith immediately issued a 39-page response. Smith says the speedy trial is of public interest.

    “Delay in the resolution of these charges threatens to frustrate the public interest in a speedy and fair verdict — a compelling interest in every criminal case and one that has unique national importance here, as it involves federal criminal charges against a former president for alleged criminal efforts to overturn the results of the presidential election, including through the use of official power,” Smith’s filing said.

    Trump plans on delaying the start of the trial in so that the D.C. Circuit could rehear the case. If he lost, the appeal a second time, he would then escalate the case to the United States Supreme Court.


    Itoro Umontuen currently serves as Managing Editor of The Atlanta Voice. Upon his arrival to the historic publication, he served as their Director of Photography. As a mixed-media journalist, Umontuen…
    More by Itoro N. Umontuen

    [ad_2]

    Itoro N. Umontuen

    Source link

  • UPDATE: Every Texan Charged for Crimes During the Jan. 6 Capitol Breach

    UPDATE: Every Texan Charged for Crimes During the Jan. 6 Capitol Breach

    [ad_1]

    UPDATE Feb. 6, 2023: On Friday, Feb. 2, the U.S. Attorney for the District of Columbia announced that a Fort Worth man had been found guilty for his role in the Jan. 6 U.S. Capitol breach, and a Houston-area woman had been arrested for her role in the events that attempted to delay the certification of the 2020 presidential election.

    Jason Benjamin Blythe, 24, was found guilty of assaulting an officer with a deadly or dangerous weapon, a metal crowd control barrier, in this instance, and on a misdemeanor charge for committing an act of physical violence on the Capitol grounds. According to a press release, Blythe stayed on the Capitol grounds “for hours,” while he resisted officers and climbed the media tower near the Capitol steps. A sentencing hearing for Blythe is scheduled for June 13.

    Judy Fraize, 70, of Highlands, was arrested on Monday and charged with four crimes, including disruptive conduct in a restricted building or grounds and disorderly conduct in a Capitol building. Federal court records identify Fraize in more than a dozen images taken from the Capitol’s closed circuit security video. At one point during her time inside the building, Fraize, sporting a red Make America Great Again cap, can be heard yelling at an officer “we gotta take our country back!” Investigators zeroed in on Fraize by connecting her to a mobile device registered under her name and linked to her Gmail account that was used at the Capitol on Jan. 6, 2021.

    These are the latest developments related to Texans arrested in connection to the Jan. 6 insurrection to add to the total since the Observer originally published this article on Nov. 8, 2023. The article and list below is updated to reflect the latest information as of Feb. 6, 2024.

    Just over three years ago, thousands of pro-Donald Trump protesters stormed into the building in an attempt to prevent Congressional certification of the election of President-elect Joe Biden. The chaos quickly became deadly when Ashli Babbitt, a Trump supporter who illegally attempted to climb through a shattered Capitol window while at the front of a violent mob, was shot and killed by police.

    The third anniversary of the insurrectionist attacks on the U.S. Capitol on Jan. 6, 2021, is just over two weeks away. Nearly three years ago, thousands of pro-Donald Trump protesters stormed into the building in an attempt to prevent Congressional certification of the election of President-elect Joe Biden. The chaos quickly became deadly when Ashli Babbitt, a Trump supporter who illegally attempted to climb through a shattered Capitol window while at the front of a violent mob, was shot and killed by police.

    Since then, law enforcement agencies have continued to announce the arrests of many of those who participated, no doubt aided by a host of videos and photos posted to social media by the eventual defendants of their Jan. 6 rampage exploits. The U.S. Attorney for the District of Columbia released a report detailing the arrests, charges, pleas and other action that have followed in the wake of the attack.

    “The government continues to investigate losses that resulted from the breach of the Capitol, including damage to the Capitol building and grounds, both inside and outside the building,” the report reads. “As of October 14, 2022, the approximate losses suffered as a result of the siege at the Capitol totaled $2,881,360.20. That amount reflects, among other things, damage to the Capitol building and grounds and certain costs borne by the U.S. Capitol Police.”

    So far, more than 1,200 arrests have been made in connection with the Jan. 6 case, and more than half of them have already resulted in guilty pleas.

    Filmmaker Alexandra Pelosi, daughter of former U.S. Speaker of the House Nancy Pelosi, recently released her latest documentary, The Insurrectionist Next Door, a harrowing look at several of the people who were arrested for their roles in the Jan. 6 attack.

    “The government continues to investigate losses that resulted from the breach of the Capitol, including damage to the Capitol building and grounds, both inside and outside the building.” – U.S. Attorney for the District of Columbia

    tweet this

    Some of the subjects featured in the film displayed no remorse for their actions, while others had undergone a change of heart since early 2021. One man admitted he didn’t really know what he was even doing that day since he had never been a Trump supporter. Perhaps as much as any other point, the film hammers home the fact that the hordes of rioters involved on Jan. 6 represent an unexpectedly wide cross-section of the American population, and that it’s not a stretch to think one of them might be living near you.

    That’s especially true if you live in Texas. The Lone Star state is home to the second most people charged with a role in the Capitol breach, behind only Florida. An X account that tracks arrests related to the Jan. breach, @Jan6thData, reports that Texas is now home to more than 100 Jan. 6 arrests with North Texas being home to more than a third of that total.

    People from nearly all 50 states have been arrested for their Jan. 6 misdeeds, but Texas sits near the top of the list. According to a July report from the Center for Policy and Research at Seton Hall University, Texas, Florida, Pennsylvania, New York and California account for just over 43% of those charged with Capitol breach crimes.

    Texans played pivotal roles in the violent attack on the peaceful transfer of power above and beyond the basic number of participants. On the second anniversary of the attack and following the release of a 2022 Congressional report on Trump’s attempt to overturn the 2020 presidential election, the Texas Tribune wrote “[t]he Jan. 6, 2021, insurrection would not have been possible without the help of a number of key Texans.” Later in the piece, Tribune reporter Robert Downen noted the massive report read “like a who’s who of Texas conspiracy theorists, conservative activists and extremists.”

    The charges that the dozens of arrested Texans face include, but are not limited to, entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; engaging in physical violence in a restricted building or grounds; disorderly or disruptive conduct in the Capitol grounds or buildings; acts of physical violence in the Capitol grounds or buildings; parading, demonstrating, or picketing in a Capitol building; obstruction of law enforcement during civil disorder; assaulting, resisting, or impeding certain officers; and seditious conspiracy.

    There will likely be more added to the list of people charged. The U.S. Attorney’s 34-month report noted that “the FBI currently has 13 videos of suspects wanted for violent assaults on federal officers and (ONE) video of (TWO) suspects wanted for assaults on members of the media on January 6th and is seeking the public’s help to identify them.”

    But before those suspects are arrested, let’s take a look at all of the Texans who have been charged by the United States Attorney for the District of Columbia for their role in the attack (in alphabetical order, with location of arrest).

    Daniel Page Adams, Goodrich

    Wilmar Jeovanny Montano Alvarado, Houston

    Philip Anderson, Mesquite

    David Arredondo, El Paso*

    Thomas John Ballard, Fort Worth*

    Richard Franklin Barnard, Liberty*

    Dana Jean Bell, Princeton

    Kevin Sam Blakely, McKinney*

    Jason Blythe, Fort Worth

    Brandon Bradshaw, San Antonio

    Cory Ray Branan, Midland*

    Paul Thomas Brinson, Flower Mound

    Larry Rendell Brock, Fort Worth*

    Daniel Ray Caldwell, The Colony*

    Steven Cappuccio, Universal City*

    Luke Russell Coffee, Dallas

    Thomas Paul Conover, Keller*

    Nolan B. Cooke, Sherman*

    Christian Cortez, Seabrook*

    Jenny Louise Cudd, Midland*

    Matthew Dasilva, Lavon

    Nicholas Decarlo, Fort Worth*

    Lucas Denney, Kinney County*

    Robert Wayne Dennis, Garland*

    Alexander Fan, Houston

    Jason Farris, Arlington

    Frederic Fiol, San Antonio

    Judy Fraize, Highlands

    Jacob Garcia, Fort Worth*

    Anthime Joseph Gionet, Houston*

    Billy Joe Gober, Smithville

    Daniel Goodwyn, Corinth*

    Christopher Ray Grider, Austin*

    Leonard Gruppo, Lubbock*

    Stacy Wade Hagar, Waco

    Alex Kirk Harkrider, Carthage*

    Donald Hazard, Hurst

    Alan Hostetter, Parker County*

    David Howard, Frisco

    Jason Lee Hyland, Plano*

    Adam Jackson, Katy

    Brian Jackson, Katy

    Sergio Jaramillo, Dallas

    Raul Jarrin, Houston

    Shane Jenkins, Houston

    Joshua Johnson, Plano

    David Lee Judd, Carrollton

    Joseph Zvonimir Jurlina, Austin

    John Lammons, Galveston

    Benjamin Larocca, Seabrook*

    Joshua R. Lollar, Spring

    Duong Dai Luu, Katy

    Mario Mares, Ballinger

    Michael Marroquin, Nederland

    Felipe Antonio Martinez, Austin

    Victor Martinez, San Antonio

    Matthew Carl Mazzacco, San Antonio*

    Kyle McMahaon, Watauga

    William Hendry Mellors, Houston

    Jalise Middleton, Forestburg

    Mark Middleton, Forestburg

    Garrett Miller, Richardson

    Samuel Christopher Montoya, Austin*

    Andrew Jackson Morgan Jr., Maxwell

    Dawn Munn, Borger*

    Kayli Munn, Borger*

    Kristi Marie Munn, Borger*

    Thomas Munn, Borger*

    Ryan Taylor Nichols, Tyler*

    Jason Douglas Owens, Blanco*

    Paul Orta, Rio Hondo

    Nathan Donald Pelham, Frisco

    Tam Dinh Pham, Houston*

    Daniel Dink Phipps, Corpus Christi

    Jeffrey Reed, Rosanky

    Guy Wesley Reffitt, Bonham*

    Sebastian Reveles, Dallas

    Stewart Elmer Rhodes III, Little Elm*

    Eliel Rosa, Midland*

    Jennifer Leigh Ryan, Plano*

    Aron Sanchez, Dallas

    Katherine Staveley Schwab, Fort Worth*

    Geoffrey Samuel Shough, Austin*

    Jonathan Owen Shroyer, San Antonio

    Troy Anthony Smocks, Dallas*

    Kellye Sorelle, Junction

    Edward Spain Jr. (city not provided)*

    Andrew Taake, Houston*

    Timothy Tedesco, Corpus Christi

    Chance Anthony Uptmore, San Antonio*

    James Herman Uptmore, San Antonio*

    Sean David Watson, Alpine*

    Adam Mark Weibling, Katy*

    Dustin Ray Williams, Brady

    Elizabeth Rose Williams, Kerrville*

    Vic Williams, Odessa*

    Jeffrey Shane Witcher, Bastrop*

    Darrell Alan Youngers, Houston*

    Ryan Scott Zink, Lubbock
    *Defendant has either pleaded guilty to or has been found guilty of at least one count against them as of Feb. 6, 2024.



    [ad_2]

    Kelly Dearmore

    Source link

  • Supreme Court is urged to rule Trump is ineligible to be president again because of the Jan. 6 riot

    Supreme Court is urged to rule Trump is ineligible to be president again because of the Jan. 6 riot

    [ad_1]

    WASHINGTON (AP) — The Supreme Court should declare that Donald Trump is ineligible to be president again because he spearheaded the violent attack on the U.S. Capitol in an effort to overturn his 2020 election loss, lawyers leading the fight to keep him off the ballot told the justices on Friday.

    In a filing filled with vivid descriptions of the Jan. 6, 2021, violence at the Capitol, the lawyers urged the justices not to flinch from doing their constitutional duty and to uphold a first-of-its-kind Colorado court decision to kick the 2024 Republican presidential front-runner off the state’s primary ballot.

    “Nobody, not even a former President, is above the law,” the lawyers wrote.

    The court will hear arguments in less than two weeks in a historic case that has the potential to disrupt the 2024 presidential election.

    The case presents the high court with its first look at a provision of the 14th Amendment barring some people who “engaged in insurrection” from holding public office. The amendment was adopted in 1868, following the Civil War.

    In their plea to the court, the lawyers said, “Trump intentionally organized and incited a violent mob to attack the United States Capitol in a desperate effort to prevent the counting of electoral votes cast against him” after he lost the election to Democrat Joe Biden.

    They called for a decision that makes clear that what happened on Jan. 6 was an insurrection, for which Trump bears responsibility. The president is covered by the constitutional provision at issue, and Congress doesn’t need to take action before states can apply it, the lawyers wrote.

    The written filing includes extensive details of Trump’s actions leading up to Jan. 6, including his tweet on Dec. 19, 2020, in which he informed his followers of the planned protest on the day Congress would count the electoral votes and wrote, “Be there, will be wild.”

    Then in his speech to supporters on Jan. 6, the lawyers wrote, “Trump lit the fuse.” The brief reproduces photographs of the mayhem from that day, including one of U.S. Capitol Police Officer Daniel Hodges pinned in a doorway during the attack.

    Trump’s lawyers have argued that efforts to keep him off the ballot “threaten to disenfranchise tens of millions of Americans and … promise to unleash chaos and bedlam” if other states follow Colorado’s lead.

    The Colorado Supreme Court’s 4-3 ruling should be reversed for any of several reasons, Trump’s lawyers wrote, including that Trump did not engage in insurrection and that the presidency is not covered by the amendment. They also contend that Congress would have to enact legislation before states could invoke the provision to keep candidates off the ballot.

    The justices are hearing arguments Feb. 8. Trump already has won the first two GOP presidential contests: the Iowa caucuses and the New Hampshire primary. Former U.N. Ambassador Nikki Haley is Trump’s sole remaining significant GOP opponent.

    Still, both sides have said the court needs to act quickly so that voters know whether Trump is eligible to hold the presidency.

    The court is dealing with the dispute under a compressed timeframe that could produce a decision before Super Tuesday on March 5, when the largest number of delegates in a day is up for grabs, including in Colorado.

    A two-sentence provision in Section 3 of the 14th Amendment states that anyone who swore an oath to uphold the Constitution and then “engaged in insurrection” against it is no longer eligible for state or federal office. After Congress passed an amnesty for most of the former confederates the measure targeted in 1872, the provision fell into disuse until dozens of suits were filed to keep Trump off the ballot this year. Only the one in Colorado was successful.

    Trump is separately appealing to state court a ruling by Maine’s Democratic secretary of state, Shenna Bellows, that he is ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.

    [ad_2]

    Source link

  • Expert: “Treasure trove” of documents debunks Trump claim that president isn’t an “officer” of US

    Expert: “Treasure trove” of documents debunks Trump claim that president isn’t an “officer” of US

    [ad_1]

    Former President Donald Trump on Wednesday asked the Supreme Court to reverse the Colorado Supreme Court’s decision to exclude him from the state’s 2024 ballot based on the “insurrectionist clause” of the 14th Amendment.

    His legal team argued that if the ruling stands, it would “mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate.”

    The Colorado Supreme Court based its ruling on a post-Civil War provision of the Constitution, which bars anyone who “engaged in insurrection or rebellion” from holding public office. The landmark decision marked the first time in history that the disqualification clause has been used to render a presidential candidate ineligible for the White House.

    With the Supreme Court under intense pressure to resolve the issue of whether Trump can be disqualified from holding public office, this case poses several unique legal questions. Two of the central issues involve settling whether the language in the constitutional provision applies to individuals running for president and who gets to decide whether someone engaged in insurrection.

    “In our system of ‘government of the people, by the people, [and] for the people,’ Colorado’s ruling is not and cannot be correct,” Trump’s lawyers wrote in the filing. “This Court should grant certiorari to consider this question of paramount importance.”

    His team argued that the court should “return the right to vote for their candidate of choice to the voters.”

    The state’s highest court overturned a prior ruling in which a judge asserted that while Trump had engaged in insurrection by inciting a riot at the Capitol, the former president is exempt from the insurrection clause of the 14th Amendment, noting that it explicitly lists all federal elected positions except the presidency. The state court had already put its decision on hold allowing Trump to remain on the ballot if he appealed. The Colorado Republican Party had already appealed the state court’s opinion to the Supreme Court.

    Trump has also appealed a similar decision to a Maine state court, which prohibited him from the primary ballot under the same constitutional provision in question in the Colorado case. Likewise, the decision could make its way to the Supreme Court.

    “I expect that the Colorado decision will affect all the cases being raised on this issue,” Laurie Levenson, a law professor at Loyola Marymount University, told Salon. “I don’t think the Supreme Court wants to handle this issue in a piecemeal fashion.”

    As Trump’s filing thrusts this explosive case into the nation’s highest judicial body, a Supreme Court with a 6-3 conservative majority – including three justices appointed by Trump himself – is poised to influence a broader initiative to disqualify the GOP presidential front-runner from other state ballots in the lead-up to the 2024 election.

    Citizens for Responsibility and Ethics in Washington, the government watchdog group that brought the ballot challenge in Colorado, said it has already requested that the  ourt “move quickly” to provide voters the answers they need about this “urgent question.”

    Legal experts remain divided on how quickly the justices will rule on the matter and how they may ultimately reach a final decision.

    But while the big question about whether or not Trump is eligible to be on the ballot is of significant importance, it’s also just as imperative that the Supreme Court answer that question in the right way, James Heilpern, practicing appellate attorney and a senior fellow at BYU Law School, told Salon.

    Several examples show that both at the time of the Founding and the ratification of the Fourteenth Amendment, the term “officer of the United States” clearly encompassed the presidency, Heilpern pointed out, referring to his research.

    These include an act of Congress that specifically identifies the president as an officer of the United States and presidential proclamations that specifically identify the president as the “chief executive officer of the United States” or “chief civil executive officer of the United States.”

    In his brief to the Colorado Supreme Court, Trump stated that “despite the many words and citations that treat the President as an officer not one authority holds that the President is an officer of the United States no case, no statute, no record of Congressional debate, no common usage, no attorney general opinion.”

    However, Heilpern’s research suggests otherwise. The Postal Act of 1792, for example, specifically identifies the president as an officer of the United States. The language clearly states which “officers of the United States” should be granted a franking privilege – the ability to send mail by their signature rather than by postage – listing both the president and vice president as officers of the United States.

    There are also several presidential proclamations written by President Andrew Johnson, who was in office during the drafting and ratification of the 14th Amendment. In these proclamations, he referred to himself as either the “chief executive officer of the United States” or the “chief civil executive officer of the United States,” Heilpern explained.

    In their research, Heilpern and co-author Michael Worley found a “couple of instances” in the impeachment trial of Johnson where the president is “implicitly or explicitly” referred to as an “officer of the United States.”

    Want a daily wrap-up of all the news and commentary Salon has to offer? Subscribe to our morning newsletter, Crash Course.

    “The argument that the president is not an officer of the United States is based on two assumptions,” Heilpern said. “First, several scholars have argued that the term ‘officer of the United States’ is a term of art. In other words, they’re arguing that the term officer of the United States, electively as an entity, means more than the sum of its parts.”

    But from analyzing a “treasure trove” of documents that were produced at the time of the founding, the researchers learned that the phrase “officer of the United States” was not being used as a term of art. Instead, i​​t was being used “simply to designate any old federal official.”

    “The term ‘officer of the United States’ in the 1789 Constitution is not a term of art,” Heilpern said. “It thus applies to all ‘officers of the United States,’ as a standard textualist interpretation of the phrase implies. There is no doubt that the person who holds the office of President of the United States becomes an officer of the United States when the person takes the Presidential Oath. Donald Trump was an officer of the United States.”

    For the Supreme Court to claim otherwise, would be a “bad way” to resolve this case, he added.

    In general, the court is “likely” to rule for Trump, but not decide the issue of insurrection, David Schultz, professor of political science at Hamline University, told Salon.

    “It will argue that either the insurrection clause is not self-executing or it does not apply to the president or that the clause only applied to factors around the Civil War,” Schultz predicted.

    Trump’s legal team has argued that even if the provision could be applied to the former president, he did not participate in insurrection on Jan. 6, referencing a lengthy history of political protests that escalated into violence.

    This may be their “best argument,” Levenson said. It is unclear what has to be proved, and how, to show the former president engaged in insurrection since Trump has not been criminally charged with this crime, leaving him room to argue he did not engage in such behavior.

    “I think the historical record shows that this question of whether the president is an officer of the United States isn’t a viable avenue for the Court to avoid the thornier – and frankly much more important issues – of whether the Fourteenth Amendment is self-executing and whether the president’s actions on January 6 qualify as insurrection,” Heilpern said.

    [ad_2]

    Source link

  • 'I must be better than Trump': Why California's elections chief is keeping the former president on the ballot

    'I must be better than Trump': Why California's elections chief is keeping the former president on the ballot

    [ad_1]

    California Secretary of State Shirley Weber is resisting pressure from within the Democratic party to remove Donald Trump from the March statewide primary ballot due to his role in the Jan. 6, 2021, attack on the Capitol — arguing that, unlike the former Republican president, she feels obligated to follow the law.

    Weber said she finds Trump’s “behavior and his actions, not just as a former president, but as a citizen of the United States, to be abhorrent and disturbing and an attack on democracy.”

    “But at the same time, if I believe in this democracy that is there, I have to basically continue to abide by the rule of law, and for me not to do that, then I am no better than Trump,” Weber told The Times on Friday. “And I must be better than Trump.”

    Weber said attorneys in her office have been working for months with the California attorney general’s office and lawyers for local cities and counties to determine whether there was any legal ground to remove Trump from the March 5 primary ballot due to his role in the Capitol insurrection after his loss in the 2020 presidential election. She said the California Constitution does not give her clear authority to take action and leaves the decision to the courts.

    Weber was put in the hot seat after Lt. Gov. Eleni Kounalakis sent her a letter Dec. 20 imploring her, the state elections chief, to “explore every legal option to remove former President Donald Trump from California’s 2024 presidential primary ballot.” The letter drew mixed opinions among Democrats.

    Weber responded a few days later, stating her commitment to place the sanctity of the electoral process over “partisan politics.”

    “I’m not sure why the lieutenant governor says, ‘Use every means possible,’ because we have been doing that,” Weber said Friday. “I haven’t shared that information with her, because she hasn’t asked me.”

    Trump critics have filed legal actions to force the secretary of state to remove him from the ballot, but none have succeeded, Weber said. Her office is closely monitoring any potential action from the U.S. Supreme Court.

    This isn’t the first time Democrats have tried to keep Trump off the ballot in California. Gov. Gavin Newsom signed a 2019 law to require candidates to disclose their tax returns in order to appear on the presidential primary ballot, a requirement that was shot down by the California Supreme Court.

    Newsom agrees with Weber

    In a rare rebuke of the lieutenant governor, Newsom criticized the assertion that Trump should be removed from the ballot.

    “There is no doubt that Donald Trump is a threat to our liberties and even to our democracy, but in California, we defeat candidates we don’t like at the polls,” Newsom said last week. “Everything else is a political distraction.”

    Kounalakis is running to succeed Newsom in California’s 2026 gubernatorial election, and her letter to Weber was largely seen as a way to score political points among Democratic voters.

    “In my conversations with some political consultants in recent days, there’s unanimous agreement that sending the letter was heavy-handed and unlikely to provide her with any significant political benefit,” said Darry Sragow, a veteran Democratic strategist.

    Sragow said “long-standing political rules of engagement” suggest that such matters need to be adjudicated in the courts, and blatant efforts to intervene can come off as tone-deaf.

    A bad precedent

    Weber made the case that public trust in the voting process is more crucial than ever, and she wants to set “the correct precedent for future action.”

    “If you do the loosey-goosey kind of interpretation and implementation, then you open us up as a state and a nation for all of us being vulnerable simply because we have an opinion and a point of view,” Weber said.

    Close to a third of Republicans say they have a little or no confidence that votes in the Republican presidential primary and caucuses will be counted correctly, according to a recent poll from the Associated Press-NORC Center for Public Affairs Research. That follows years of false claims by Trump that the 2020 presidential election was stolen by President Biden.

    Weber said that barring Trump from California’s ballot could be perceived as purely political and embolden his base, and feeds his effort to undermine Democratic institutions.

    “I’m very conscious of that it’s not about me, and I know what I would do, but when I’m gone, what would somebody else do? And what could they do?” Weber said. “I don’t want to open a door that is too ugly and that puts everybody at risk,” she said.

    While Kounalakis said “the Constitution is clear” on the issue, it’s not so simple.

    Kounalakis and other state Democrats who support removing Trump from the race point to his role in provoking the Capitol riot and a section of the Constitution that bans from office those who “engaged in insurrection.”

    For some Trump critics, Weber’s approach was viewed as too passive, while others applauded her for allowing the traditional route to take its course.

    The decision ultimately will be up to the U.S. Supreme Court, which appears destined to review decisions in other states on Trump’s eligibility for the 2024 ballot, said Erwin Chemerinsky, dean of the UC Berkeley School of Law. The high court will have to decide if Trump is eligible under a clause in the 14th Amendment of the U.S. Constitution that prohibits officials from holding office if they have “engaged in insurrection or rebellion” or “given aid or comfort to the enemies thereof.”

    It’s unclear if the amendment applies to presidential candidates and if Trump’s role in the Jan. 6 insurrection meets that constitutional threshold.

    “It is not going to be for the main election official in Colorado or California to decide. It is a straightforward question about the U.S. Constitution, and the Supreme Court is going to have to decide for the whole country,” Chemerinsky said.

    It’s a decision that the constitutional law expert hopes is made quickly, as the November election looms.

    “I think the longer it goes, the worse it is for the country,” he said.

    What other states are doing

    Lawsuits seeking to remove Trump from the ballot have been filed in dozens of states, with mixed results.

    Maine and Colorado have moved to bar Trump from their ballots. Maine Secretary of State Shenna Bellow, a Democrat, said Trump violated the Constitution’s insurrectionist ban. The Colorado Supreme Court ruled the same, in a case the state’s Republican Party has appealed to the U.S. Supreme Court.

    Supreme courts in Michigan and Minnesota, however, are allowing Trump to stay on the ballot, at least in the March primary, and are leaving the door open for challenges in the November general election.

    States are working with a patchwork of procedural laws to navigate the issue, and not all have equal weight in the matter, said Jessica Levinson, a constitutional law professor at Loyola Law School.

    In deep-blue California, where Biden won 64% of the vote against Trump in 2020, it may not be worth the “political thicket” for state officials to intervene, Levinson said.

    “What Weber is aware of is the fact that to bar [Trump] would be viewed as democracy-limiting or anti-democratic,” she said. “Some would argue that, politically, the benefit here is very small, because we know what the outcome will be in California.”

    Times Staff Writer Jeong Park contributed to this report.

    [ad_2]

    Taryn Luna, Mackenzie Mays

    Source link

  • When Colorado removed Trump from the ballot, a Supreme Court showdown looked likely. Maine removed all doubt.

    When Colorado removed Trump from the ballot, a Supreme Court showdown looked likely. Maine removed all doubt.

    [ad_1]

    DENVER (AP) — First, Colorado’s Supreme Court ruled that former President Donald Trump wasn’t eligible to run for his old job in that state. Then, Maine’s secretary of state ruled the same for her state.

    Both decisions are historic. The Colorado court was the first court to apply to a presidential candidate a rarely used constitutional ban against those who “engaged in insurrection.” Maine’s secretary of state was the first top election official to unilaterally strike a presidential candidate from the ballot under that provision.

    What’s next? Can Trump be put back on the ballot?

    Both decisions are on hold while the legal process plays out. That means that Trump remains on the ballot in Colorado and Maine and that his political fate is now in the hands of the U.S. Supreme Court.

    The Maine ruling will likely never take effect on its own. Its central impact is increasing pressure on the nation’s highest court to state clearly whether Trump remains eligible to run for president after the Jan. 6, 2021, attack on the U.S. Capitol.

    What’s the legal issue that could keep Trump off the ballot?

    After the Civil War, the U.S. ratified the 14th Amendment to guarantee rights to former slaves and more. It also included a two-sentence clause called Section 3, designed to keep former Confederates from regaining government power after the war.

    Section 3 of the 14th Amendment to the U.S. Constitution doesn’t require a criminal conviction to take effect.

    The measure reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

    Congress did remove that disability from most Confederates in 1872, and the provision fell into disuse. But it was rediscovered after Jan. 6.

    See: Nikki Haley was asked by N.H. voter to name Civil War cause. Slavery was absent from her answer.

    How does this apply to former president Trump exactly?

    Trump is already being prosecuted for the attempt to overturn his 2020 loss that culminated with Jan. 6, but Section 3 doesn’t require a criminal conviction to take effect. Dozens of lawsuits have been filed to disqualify Trump, claiming he engaged in insurrection on Jan. 6 and is no longer qualified to run for office.

    All the suits failed until the Colorado ruling. And dozens of secretaries of state have been asked to remove him from the ballot. All said they didn’t have the authority to do so without a court order — until Maine Secretary of State Shenna Bellows’s decision.

    See: As Colorado court bars Trump from ballot, poll finds 62% of GOP voters would want him as nominee even with more legal woes

    Also: Police investigating ‘incidents’ against Colorado justices after Trump removed from state’s ballot

    The Supreme Court has never ruled on Section 3. It’s likely to do so in considering appeals of the Colorado decision — the state Republican Party has already appealed, and Trump is expected to file his own shortly.

    Bellows’s ruling cannot be appealed straight to the U.S. Supreme Court — it has to be appealed up the judicial chain first, starting with a trial court in Maine.

    The Maine decision does force the high court’s hand, though. It was already highly likely the justices would hear the Colorado case, but Maine removes any doubt.

    Trump lost Colorado in 2020, and he doesn’t need to win it again to garner an Electoral College majority next year. But he won one of Maine’s four Electoral College votes in 2020 by winning the state’s 2nd Congressional District, so Bellows’s decision would have a direct impact on his odds next November.

    Until the high court rules, any state could adopt its own standard on whether Trump, or anyone else, can be on the ballot. That’s the sort of legal chaos the court is supposed to prevent.

    What is Trump’s argument?

    Trump’s lawyers have several arguments against the push to disqualify him. First, it’s not clear Section 3 applies to the president — an early draft mentioned the office, but it was taken out, and the language “an officer of the United States” elsewhere in the Constitution doesn’t mean the president, they contend.

    Second, even if it does apply to the presidency, they say, this is a “political” question best decided by voters, not unelected judges. Third, if judges do want to get involved, the lawyers assert, they’re violating Trump’s rights to a fair legal procedure by flatly ruling he’s ineligible without some sort of fact-finding process like a lengthy criminal trial. Fourth, they argue, Jan. 6 wasn’t an insurrection under the meaning of Section 3 — it was more like a riot. Finally, even if it was an insurrection, they say, Trump wasn’t involved in it — he was merely using his free speech rights.

    Of course, the lawyers who want to disqualify Trump have arguments, too.

    The main one is that the case is actually very simple: Jan. 6 was an insurrection, Trump incited it, and he’s disqualified.

    Why has this process taken so long?

    The attack of Jan. 6, 2021, occurred nearly three years ago, but the challenges weren’t “ripe,” to use the legal term, until Trump petitioned to get onto state ballots this fall.

    But the length of time also gets at another issue — no one has really wanted to rule on the merits of the case. Most judges have dismissed the lawsuits because of technical issues, including that courts don’t have the authority to tell parties whom to put on their primary ballots. Secretaries of state have dodged, too, usually telling those who ask them to ban Trump that they don’t have the authority to do so unless ordered by a court.

    No one can dodge anymore. Legal experts have cautioned that, if the Supreme Court doesn’t clearly resolve the issue, it could lead to chaos in November — or in January 2025, if Trump wins the election. Imagine, they say, if the high court ducks the issue or says it’s not a decision for the courts to make, and Democrats win a narrow majority in Congress. Would they seat Trump or declare he’s ineligible under Section 3?

    Why was this action taken in Maine?

    Maine has an unusual process in which a secretary of state is required to hold a public hearing on challenges to politicians’ spots on the ballot and then issue a ruling. Multiple groups of Maine voters, including a bipartisan clutch of former state lawmakers, filed such a challenge, triggering Bellows’s decision.

    Bellows is a Democrat and the former head of the Maine chapter of the American Civil Liberties Union. Trump’s attorneys asked her to recuse herself from the case, citing social-media posts calling Jan. 6 an “insurrection” and bemoaning Trump’s acquittal in his impeachment trial over the attack.

    She refused, saying she wasn’t ruling based on personal opinions. But the precedent she sets is notable, critics say. In theory, election officials in every state could decide a candidate is ineligible based on a novel legal theory about Section 3 and end their candidacies.

    Conservatives argue that Section 3 could apply to Vice President Kamala Harris, for example — it was used to block from office even those who donated small sums to individual Confederates. Couldn’t it be used against Harris, they say, because she raised money for those arrested in the unrest after the murder of George Floyd by Minneapolis police in 2020?

    Is this a partisan issue?

    Bellows is a Democrat, and all the justices on the Colorado Supreme Court were appointed by Democrats. Six of the 9 U.S. Supreme Court justices were appointed by Republicans, three by Trump himself.

    But courts don’t always split on predictable partisan lines. The Colorado ruling was 4-3 — so three Democratic appointees disagreed with barring Trump. Several prominent legal conservatives have championed the use of Section 3 against the former president.

    Now we’ll see how the high court handles it.

    Read on:

    Trump’s name can appear on ballot in Michigan, says state’s top court

    Georgia election workers sue Rudy Giuliani again, seek to bar him from repeating lies about them

    Trump’s Republican rivals rally to his defense after Colorado ballot ruling

    Supreme Court to hear case that could undermine obstruction charges against hundreds of Jan. 6 defendants

    [ad_2]

    Source link

  • All the states trying to kick Trump off the ballot and where cases stand

    All the states trying to kick Trump off the ballot and where cases stand

    [ad_1]

    Maine’s top election official on Thursday removed former President Donald Trump from the state’s 2024 ballot, making it the second state to block Trump based on a clause in the Constitution that bans insurrectionists from holding public office.

    Several other states are still weighing challenges that seek to remove Trump from the 2024 primary ballot. The lawsuits argue that Trump is ineligible to run under Section 3 of the 14th Amendment of the Constitution, which bars officials who have sworn an oath to the Constitution from holding office if they engaged in insurrection.

    The Colorado Supreme Court ruled last week that Trump should be barred from the state’s ballot because of his alleged role in the riots at the U.S. Capitol on January 6, 2021. Trump is facing federal charges in connection to his actions leading up to the riots, which followed after the former president addressed his supporters during a rally on Capitol Hill.

    Trump has maintained that he did not engage in an insurrection and has accused those filing lawsuits against him of attempting election interference. The Colorado Republican Party has also filed an appeal against the decision, which will bring the case to the U.S. Supreme Court.

    Republican presidential candidate and former President Donald Trump looks on during a campaign event on December 19, 2023, in Waterloo, Iowa. Over a dozen states are still considering lawsuits that are seeking to dismiss Trump from the 2024 primary ballot.
    Scott Olson/Getty Images

    Here is an overview of where ballot challenges against Trump stand across the country.

    Where Lawsuits Are Pending

    Lawsuits seeking to remove Trump from the 2024 ballot are currently pending in 14 states, according to data compiled by Lawfare: Arizona, Alaska, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.

    Several of the challenges have been initiated by John Castro, a lesser-known Republican candidate vying for the 2024 GOP presidential nomination. Two separate lawsuits have been filed in the state of New York—one from Castro in Manhattan court and another from Jerome Dewald, a Republican attorney.

    Castro, who originally filed challenges in dozens of states, argues in his lawsuits that Trump is ineligible to run under the 14th Amendment. The Texas attorney also claimed that he will suffer “irreparable competitive injuries” in states like Alaska if the former president is allowed to run.

    U.S. District Judge Irene C. Berger dismissed Castro’s lawsuit in West Virginia without prejudice, granting the motions filed by Trump, Secretary of State Mac Warner and the West Virginia Republican Party. The lawsuit was dismissed without prejudice, however, meaning Castro could file again. He filed an appeal of Berger’s dismissal on Tuesday, according to The Parkersburg News and Sentinel.

    Castro has also appealed a judge’s dismissal of his lawsuit filed in Arizona.

    Where Lawsuits Have Been Dismissed

    Ballot challenges have been dismissed in Florida, Michigan, Minnesota, New Hampshire and Rhode Island.

    Federal Judge Robin Rosenberg, an Obama appointee in Fort Lauderdale, dismissed a lawsuit brought by three Florida attorneys within a week after it was filed in August, arguing that the filers lacked “standing” to challenge Trump’s “qualifications” to seek the presidency. The lawsuit was also based off of the insurrection clause of the 14th Amendment.

    Lawsuits in Michigan and Minnesota made it all the way to the state’s Supreme Courts, but justices in both states ruled that only the Republican Party had control over who can appear on the primary ballot, no matter the candidate’s qualification for the office. The liberal non-profit Free Speech for the People appealed the decision in Michigan, and the Minnesota Supreme Court said that the plaintiffs could file a separate challenge after August 13 should Trump win the GOP nomination for the general election.

    Castro’s lawsuits filed in New Hampshire and Rhode Island were both dismissed for not showing enough evidence that Trump’s candidacy would cause political competitive injury.

    Castro voluntarily dismissed his challenges filed in California, Connecticut, Delaware, Idaho, Kansas, Massachusetts, Montana, North Carolina, Oklahoma, Pennsylvania and Utah, according to Lawfare’s tracker.

    What About Colorado?

    The Supreme Court of Colorado was the first to rule that Trump participated in an insurrection on January 6, 2021, and that such actions bars him from appearing on the 2024 primary ballot.

    The 4-3 ruling, which was delivered last week, has been appealed by the state’s GOP party. The plaintiffs in the case, Citizens for Responsibility and Ethics (CREW), also asked the U.S. Supreme Court on Thursday to provide an expedited review on the case, arguing that the lawsuit needs to be settled before primary voters cast their ballots next month.

    Newsweek reached out to Trump’s campaign team for comment on the latest updates in the Colorado case.

    What Exactly Happened in Maine?

    Shenna Bellows, Maine’s secretary of state, removed Trump from the state’s presidential primary ballot under the Constitution’s insurrection clause. Her decision only applies to the March primary election, and her decision can be appealed to the state’s courts.

    “The record establishes that Mr. Trump, over the course of several months and culminating on January 6, 2021, used a false narrative of election fraud to inflame his supporters and direct them to the Capitol to prevent certification of the 2020 election and the peaceful transfer of power,” Bellows said in a statement.

    She added: “I likewise conclude that Mr. Trump was aware of the likelihood for violence and at least initially supported its use given he both encouraged it with incendiary rhetoric and took no timely action to stop it.”