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President Joe Biden’s immigration policy is confusing and full of contradictions.
Make some sense of these developments:
Biden …
made his first visit to the border as president on Sunday, but failed to see any migrants …
is expanding former President Donald Trump’s border policy, known as Title 42,even though Biden says he doesn’t like it …
asked courts to end that Trump-era policy, but seemingly had no workable plan for when they nearly did …
has traveledto Mexico City for a summit with North American leaders, but his White House is making very clear they aren’t anticipating any progress on the border crisis …
watches on as Texas Gov. Greg Abbott, in particular, freelances his own border security with increasingly elaborate stunts to argue the border is too porous. The latest involves addinga wall of shipping containers to the border at El Paso, Texas.
How did Biden visit an aid center at the border during an admitted crisis and fail to encounter any actual migrants?
“There just weren’t any at the center when he arrived,” a senior administration official said in Priscilla Alvarez and MJ Lee’s report for CNN. “Completely coincidental. They haven’t had any today.”
Granted, border crossings have dropped in the new year.
But Alvarez and Lee point to on-the-groundreporting from CNN’s Rosa Flores that “hundreds of migrants, including children, were living on the street after crossing into the United States in El Paso. And nearly 1,000 additional migrants were in federal custody in detention facilities in El Paso on Sunday, according to the City of El Paso’s migrant dashboard.”
Abbott hand-delivered a message to Biden on the tarmac in El Pasocomplaining Biden hasn’t paid enough attention to the border. The strongly worded letter was also posted on Abbott’s website.
“Your visit avoids the sites where mass illegal immigration occurs and sidesteps the thousands of angry Texas property owners whose lives have been destroyed by your border policies,” Abbott wrote.
Rather than meet with migrants, Biden focused on meeting with border enforcement personnel, including in a quick stop alongside an iron fence between the US and Mexico. Reporters were kept at a distance. Read the full report from Alvarez and Lee.
What’s no coincidence is the administration’s hard-to-follow immigration policy.
As part ofthe new immigration plan announced last week, Biden saidthe US would accept up to 30,000 migrants per month from Cuba, Haiti, Nicaragua and Venezuela into a humanitarian “parole program,” but then also made clear Title 42 would be applied in a new way, continuing the policy of turning away more people at the border.
The idea is to get people to apply legally from home rather than justshow up at the border.
CNN’s Catherine Shoichet does an admirable job of trying to keep track of Biden’s relationship with Title 42, the Trump-era pandemic policy written by the US Centers for Disease Control and Prevention, not Congress, and which has morphed into de facto US immigration policy.
It allows the government to turn away more migrants at the border. When it appeared Title 42 would lapse at the end of 2022, a mass of migrants gathered at the border in anticipation.
“Officials have claimed court decisions left them with no other choice, but they’ve also chosen to expand the policy beyond any court’s order,” Shoichet writes.
A group of Democratic lawmakers said they were “deeply disappointed” in the new version of the policy, which they argued would “do nothing to restore the rule of law at the border.”
“Instead, it will increase border crossings over time and further enrich human smuggling networks,” Sens. Cory Booker and Robert Menendez of New Jersey, Ben Ray Lujan of New Mexico and Alex Padilla of California wrote in a joint statement.
It’s a concern Biden actually shares. Even though he is essentially expanding the policy, the president also acknowledged last week his move could makes things worse because it almost encourages people turned away at the border to try repeatedly to enter the US.
White House officials are tamping down expectations for Biden’s meeting with Mexican President Andrés Manuel López Obrador, who is often referred to in shorthand as AMLO.
Mexico recently agreed to accept up to 30,000 migrants per month from thefour countries included in the new policy who attempt to enter the US and are turned back.
AMLO has suggested Mexico could accept more. But national security adviser Jake Sullivan said the policy will need time to play out before anyone should expect tweaks.
While it’s hard to make sense of Biden’s border policy, it’s important to remember the systemic dysfunction of the US border debate that has paralyzed Congress for decades.
The issue of immigration is top of mind for Republicans who now control the House, but it’s not at all clear there will be any movement toward the kind of bipartisan and comprehensive effortsthat could change things.
Meantime, Biden will be left to the existing policies, even if they were written under the previous administration and kept in place, for now, by the Supreme Court.
Special counsel Jack Smith’s team has subpoenaed Donald Trump’s former attorney Rudy Giuliani, asking him to turn over records to a federal grand jury as part of an investigation into the former president’s fundraising following the 2020 election, according to a person familiar with the subpoena.
The subpoena, which was sent more than a month ago and has not been previously reported, requests documents from Giuliani about payments he received around the 2020 election, when Giuliani filed numerous lawsuits on Trump’s behalf contesting the election results, the person said.
Prosecutors have also subpoenaed other witnesses who are close to Trump, asking specifically for documents related to disbursements from the Save America PAC, Trump’s primary fundraising operation set up shortly after the 2020 election, according to other sources with insight into the probe.
Taken together, the subpoenas demonstrate prosecutors’ growing interest in following the money after the 2020 election as part of their sweeping criminal probe around Trump’s efforts to overturn his loss of the presidency.
Save America was part of broader fundraising efforts by Trump and the Republican Party that raised more than $250 million after the election. Since then, the political action committee has compensated several lawyers who now represent Trump and his allies in January 6-related investigations.
The subpoenas to other witnesses in addition to Giuliani were sent in late December, according to the other sources.
The information the prosecutors seek is still being collected, the sources said. With Giuliani, the investigators have prioritized getting financial information from him, one person said.
The inquiry to Giuliani came from David Rody, a former top prosecutor in New York who specializes in gang and conspiracy cases and is assisting Smith with examining a broader criminal conspiracy after the election, according to some of the sources.
In response to being informed of CNN’s reporting on Giuliani’s subpoena and asked for a statement, Ted Goodman, his adviser, said, “The mayor is unaware of the specific claims by this so-called ‘anonymous source,’ and therefore is not in position to respond.”
A spokesman for the special counsel’s office declined to comment.
A representative for Trump has not responded to a request for comment.
CNN previously reported the Justice Department in September subpoenaed witnesses for financial details about the Save America PAC, and that a portion of Smith’s office would dig into possible financial and campaign contribution crimes. The Giuliani subpoena and other December subpoenas represent a new round of inquiry, now from Smith’s office, which took shape over the holidays.
After the election, Trump and the Republican National Committee raked in millions of dollars as they told supporters the election was being stolen, marketing the fundraising effort as election defense. At the time, some officials working on the fundraising effort knew that Joe Biden’s electoral win was legitimate, despite Trump’s insistence it was fraudulent, the House Select Committee found in its own investigation.
Smith’s office hasn’t brought any charges. Federal prosecutors in New York previously investigated Giuliani for activities in Ukraine during the Trump presidency. While that led to prosecutors accessing his electronic devices, they declined to charge him with any crime.
Giuliani is likely to be a central figure in any probe of Trump’s close political circles after the election. After serving as Trump’s private attorney during the Mueller investigation into Russian interference in the 2016 election, the former chief federal prosecutor and mayor of Manhattan dove into Trump’s attempts to claim electoral victory. He unsuccessfully argued a case before a federal judge in Pennsylvania – where Trump sought to throw out the popular vote – and connected with state lawmakers as he tried to convince them of election fraud.
In the weeks after the 2020 election, Giuliani also held freewheeling press conferences, repeating allegations that he never could prove.
A Trump campaign attorney told the January 6 committee that Giuliani had asked to be paid $20,000 a day for his post-election work for Trump. The campaign declined to pay him that, according to election and House select committee public records.
Subpoenas issued last year to a wide swath of Trump-connected witnesses also asked questions about the Save America PAC, including how its funds were used in 2020 and early 2021, and about Giuliani, as CNN previously reported.
Giuliani hasn’t personally received distributions directly from the PAC, according to campaign finance records. Yet his company, Giuliani Partners, was paid $63,400 for travel reimbursement by Trump’s campaign committee in mid-December 2020. Giuliani’s New York-based security company also received a $76,500 payment from another Trump-backed entity, the Make America Great Again PAC, for travel expenses, in early February 2021, according to the records.
In addition to the financial inquiry, Smith’s office is also pursuing possible criminal cases around the Trump campaign’s use of fake electors in battleground states and the pressure on Congress and then-Vice President Mike Pence to overturn the election’s result. In all of those schemes, Giuliani was a central player.
In his House select committee testimony, Giuliani explained that his team working with Trump pivoted to focus on state legislatures that could block the election result after his attempts failed in the courts. The New York state bar suspended him from practicing law because of his 2020 election efforts, and he’s also facing an attorney discipline proceeding in Washington, DC.
He declined to answer some questions the House asked about his work for Trump after the election, citing attorney confidentiality. Giuliani could try to make similar claims in the federal investigation, though the Justice Department has legal mechanisms in which it can try to overcome witness refusals to answer questions.
But for Americans, the reality of the comparison between the insurrection inspired by the 45th US president on January, 6, 2021, and the latest revolt by supporters of former Brazilian President Jair Bolsonaro, dubbed “Trump of the Tropics,” is even more troubling. Brazil is in turmoil after hundreds of Bolsonaro supporters stormed congressional buildings, the Supreme Court and the presidential palace in the capital Brasilia. The assault came a week after the inauguration of President Luiz Inacio Lula da Silva, who returned to power after a 12-year hiatus following a victory over Bolsonaro in a run-off election on October 30.
While many elements of the situation in Brazil overlap with the populist conservatism epitomized by former President Donald Trump’s inner circle in the US, it also poses the question of whether the US, under assault from its own anti-democratic movement, is beginning to resemble the political turmoil that has long raged in less stable regions of the world.
For now, there are growing questions over whether key extremists in Trump’s inner circle, like Steve Bannon, helped fan the violence in Brasilia and doubts over the Brazilian election, as part of a bid to destabilize democracies worldwide.
Bolsonaro did not explicitly provoke the gathering of protesters as Trump did, and was not in the country at the time of the riot. He did, however, adopt the Trump playbook, sowing doubt about the vote’s legitimacy, refusing to concede his election loss and profiting from disinformation spread on social media. But his behavior is not necessarily an outlier in a nation and a continent where democracy is perpetually fragile and at risk.
Brazil was a military-run dictatorship until 1985 after the crushing of an earlier attempt at democracy, and civilian self-government since then has often been rocked by corruption, fears of military takeovers and prosecutions of former presidents. The erosion of democracy and the use of violence as a political tool were a feature of much of the Western Hemisphere long before Trump latched onto them.
So, while it may look like Brazilian extremists are copying their brethren in the US, the world’s most important democracy could actually be importing the characteristics of malfunctioning and chaotic political societies abroad.
Violence had long been feared following October’s election. Bolsonaro supporters, spurred by his false claims of electoral fraud, that mirrored Trump’s own behavior after the 2020 election, clearly incited his supporters. Just as in the United States, there are elements among Brazilian legislators and in political power in the states who support Bolsonaro and his efforts to undermine democracy.
The new House majority in Washington is packed with Republican members who voted not to certify President Joe Biden’s election victory in 2020 based on false claims of ballot fraud. And the new Speaker Kevin McCarthy only finally won the job on a 15th ballot after an intervention from Trump – poignantly on the night that marked the second anniversary of Congress returning to work after the Capitol riot.
In other echoes of January 6, Bolsonaro – like his populist, nationalist political cousin Trump – is currently in Florida. Like the 45th US president, he also prepared to undermine the election in advance and refused to concede defeat after making complaints about voting machines that were rejected by judges. The closest he got was when he said he would comply with the Constitution.
So far, Brazil’s democracy, as America’s did two years ago, has held firm, and protesters have been flushed out of government buildings. But the Biden administration has been concerned from the start about the implications of Bolsonaro’s election denialism in a nation that is a political and economic fulcrum in Latin America. It warned publicly and in private, weeks before the election that then-President Bolsonaro should not sabotage democracy, clearly understanding the parallels with Trump and more broadly the dangers facing Brazilian democracy since the end of military rule in the 1980s.
Biden, who has put the threats to global democracy at the center of his foreign policy, condemned the assault on democracy and on the peaceful transfer of power in a tweet. “Brazil’s democratic institutions have our full support and the will of the Brazilian people must not be undermined,” Biden wrote. “I look forward to continuing to work with @LulaOficial,” he wrote, referring to the current president.
But the violence in Brazil came as a jolt after the last year in which democracy appeared to be making a comeback around the world, including in the United States where voters in some swing states rejected election denialism pushed by many of Trump’s political proteges in the midterm elections.
The most powerful example that Washington can send to Brazil, and other nations where political systems are under duress, is that democracy bent but didn’t break in 2021, and that those who threatened it are starting to be held to account.
But two dates, January 6 in the US and January 8 in Brazil, now stand as flashing warning signs that the health and survival of free elections anywhere cannot be taken for granted.
President Joe Biden and Senate Democrats have moved quickly to appoint scores of judges during the past two years, outpacing former President Donald Trump, but they have stalled in the South.
The dearth of nominees offered in southern states, notably where both US senators are Republican, threatens to undercut Biden’s large-scale effort to counteract Trump’s effect on the federal judiciary, particularly to bolster civil rights and ensure voter protections.
The Biden team’s well-documented diversification of the courts – nominees have been overwhelmingly women and people of color, such as Supreme Court Justice Ketanji Brown Jackson, and offered professional diversity, including public defenders and civil rights lawyers – has withered when it comes to district courts in Alabama, Florida, Louisiana and Texas, where more than a dozen such court vacancies exist.
“That is where the entrenchment of hyper-conservatism is real and difficult to uproot,” said Janai Nelson, president and director-counsel of the NAACP Legal Defense Fund.
The pattern of vacancies, particularly in the South, is not lost on the Biden selection team, led by political veterans with deep experience in judicial selection and confirmation. (Biden, himself, as a senator from Delaware, once led the Senate Judiciary Committee.)
“All of these seats are deeply important to us. We care about all of these vacancies,” Paige Herwig, senior counsel to the President, told CNN. “It’s not a secret that a large number of vacancies are in states with two Republican senators. But we are always here in good faith. We are here to work with home state senators.”
Many states beyond the South with two GOP senators, such as Idaho, Oklahoma and Utah, lack nominees for court vacancies, but the South is disproportionately affected because of its sheer population and number of open seats. The South also endures as a battleground for intense litigation over civil rights and liberties.
Federal judges are appointed for life and can become a president’s most enduring legacy. Judges’ effect on American life is clear, from the top at the Supreme Court, down to district court judges who decide which litigants even get to trial.
District courts are “the gateway to access to justice,” Nelson said.
District court judges have also shown their muscle in recent years by blocking executive branch policy with nationwide injunctions. Biden’s early initiatives, notably over immigration and student-debt relief, were first thwarted in lower courts by Republican-appointed judges.
During Biden’s first two years, the White House and Senate Democrats plainly prioritized judicial vacancies in blue states, where they could make swift and immediate progress.
Overall, Biden won confirmations for 97 appointments to the US district courts, appellate bench and Supreme Court over the past two years.
For the comparable two-year period, Trump, who set out to transform the federal courts the help of White House counsel Don McGahn and Senate Republican Leader Mitch McConnell, had named 85 judges. They scouted out likeminded conservative ideologues and then accelerated appointments in the following years by openly encouraging judges to retire to generate more vacancies.
U.S. Supreme Court says Trump-era border policy to remain in effect while legal challenges play out
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CNN
Like other progressive leaders, Nelson praises the Biden focus on a more diverse bench. Yet she said the White House could step up the pace of nominations and the Senate can move faster on the nominees it has received.
“Nancy Abudu is an excellent example of someone whose nomination has been stalled,” Nelson said. Abudu, a litigation director at the Southern Poverty Law Center, would, if confirmed, be the first Black woman on the US appeals court for the 11th Circuit, covering Alabama, Georgia and Florida. She was designated for an open Georgia seat and endorsed by the state’s two senators, both of whom are Democrats.
The Senate Judiciary Committee, which had been evenly split between Democrats and Republicans last year, deadlocked in May on Abudu’s nomination, and she had been awaiting a procedural vote by the full Senate that then would have allowed an up-or-down vote on confirmation. Biden has renominated her for the new Congress.
The question now is whether the White House will be able to ramp up negotiations with red-state senators and whether the Senate Judiciary Committee, led by Illinois Sen. Dick Durbin, will ease the practice of requiring district court nominees to have the backing of home-state senators.
By the terms of the Constitution, a president seeks the “advice and consent” of the Senate judicial appointments. Senators traditionally have influenced the selection of nominations to district and appellate courts in their home states, even to the point of blocking a disfavored candidate. In recent years, however, presidents have been able to wield more latitude for appeals court nominations.
The Judiciary Committee, however, will not hold a hearing on a district court nomination unless both home-state senators have signed off, in what’s referred to as the “blue slip” process. These blue slips of paper, as they are relayed to the committee, are intended to signify that a home-state senator has been consulted in the president’s choice. For Biden’s judicial selections, that process poses significant roadblocks.
Herwig, overseeing the judicial selection machinery, stresses that Biden is trying to generate consensus and says appointments for a Louisiana-based seat on the US Court of Appeals for the 5th Circuit (Judge Dana Douglas) and Indiana-based seat on the 7th Circuit (Judge Doris Pryor), which arose from some dealings with GOP senators, “demonstrate that there are possibilities to work together.” The Senate confirmed Douglas and Pryor, both former US magistrate judges, in December.
A second seat on the powerful 5th Circuit appellate court, covering Texas, Louisiana and Mississippi, is open with no nominee. Judge Gregg Costa, based in Texas, had announced about a year ago that he would be resigning in August 2022.
While a good portion of the open seats can be chalked up to Democratic and Republican differences, another notable appellate vacancy – for a Maryland seat on the US Court of Appeals for the 4th Circuit – rests in Democratic hands.
Judge Diana Gribbon Motz, an appointee of former President Bill Clinton, announced her retirement more than a year ago, and made it effective in September 2022. But Biden and Sen. Ben Cardin, Maryland’s senior senator, have been at odds over a successor, and the White House apparently does not want to more forward without Cardin’s backing. Herwig would not comment on that vacancy, and a Cardin spokeswoman said the senator was awaiting word from the White House on his suggested nominees.
In the meantime, the 4th Circuit, resolving appeals from Maryland, North Carolina, South Carolina, Virginia and West Virginia district courts, remains closely divided with seven Democratic and six Republican appointees.
Biden’s team signaled from the start its priority for the judiciary, and White House chief of staff Ron Klain, a former Supreme Court law clerk, has been fixated on filling the bench. Klain worked with then-Sen. Biden on the Judiciary Committee and separately helped evaluate judicial candidates in the Clinton and Obama administrations.
Herwig is a product of the Senate, too, previously serving two Democratic senators who sit on the Judiciary Committee, Dianne Feinstein and Amy Klobuchar.
In the South, however, where voting rights and immigration disputes rage, change has been slow. Going forward, as Democrats gained one more seat in the November midterm elections toward their Senate majority, southern states are likely to become a critical arena for an administration determined to reshape the bench.
The Administrative Office of the US Courts reports that as of January 6, there were 82 vacancies on federal district and appellate courts. Biden has designated nominees for only about half of those vacancies. (There are a total 677 authorized judgeships at the trial-level US district courts, 179 on the US courts of appeals and nine on the Supreme Court.)
The South has a disproportionate share of those vacancies without nominations.
Of all 50 states, Florida and Louisiana have the most openings with no nominees pending, 4 apiece. Texas has three vacancies with no nominees pending, and Alabama two (one dating to mid-2020) with no nominees offered.
It is plain, given the number of vacancies and how long some have existed, that it will not be easy to fill them. And it is unclear whether the Democratic White House and Republican senators are truly talking to each other, or actually talking past each other.
Press secretaries for Texas Sens. John Cornyn and Ted Cruz, both members of the Senate Judiciary Committee, deeply invested in the ideology of the bench, and regularly opposing Biden appointees, said the senators were working with the administration on judges.
In Louisiana, the communications director to Sen. John Kennedy, another member of the Judiciary Committee, said Kennedy’s office had no information to provide on possible appointments in Louisiana.
Ryann DuRant, press secretary to Alabama Republican Sen. Tommy Tuberville, said the White House reached out to Tuberville soon after he became a senator in 2021 to address the courts, but that since then, “there has been radio silence from the White House.”
“When the White House is ready to move forward on Alabama judicial nominees,” DuRant added in a statement, “Senator Tuberville welcomes the opportunity to discuss as a part of his role to provide advice and consent.”
McKinley Lewis, communications director for Florida Sen. Rick Scott, said the senator welcomed “an open, good faith dialogue with the White House to ensure any nominees to serve on Florida’s federal courts will respect the limited role of the judiciary and will not legislate from the bench.”
Herwig declined to detail any conservations yet stressed that there was no senator with whom her team would not work.
It’s unclear whether the Senate Judiciary Committee will feel increased pressure, from its Democratic ranks or from outside liberal interests, to amend the “blue slip” process.
Trump’s total appointments in four years reached 231, a figure that might be hard for Biden to match, if stalemates continue in Republican-dominated locales.
There are at least another 20 vacancies expected in 2023, based on information gathered by the Administrative Office of the US Courts. About a third of those are in southern locales.
At some point, judges weighing retirement, and equally concerned about whether Biden could successfully tap a replacement, may simply opt against stepping down during his remaining presidency.
In the Trump years, his GOP allies openly encouraged judges thinking about retirement to just do it. It was a sign of how vigorously Republican leaders wanted to shape the courts.
Speaking specifically of Supreme Court justices, former Senate Judiciary Committee Chairman Chuck Grassley said in a 2018 radio interview, “If you’re thinking about quitting this year, do it yesterday.”
As President Joe Biden’s top advisers circulated at White House holiday parties and held quiet briefings for key allies last month, a formulation of the same question came up again and again: How can I help with the campaign?
It was a consistent, if informal, query from donors, operatives, activists and celebrities alike, one Biden adviser recalled. It was also a clear shift that only served to bolster the view inside the West Wing that, after a year defined by intra-party questions about just about everything Biden did, the party has coalesced around one final White House run.
Officially, there isn’t a campaign yet. And Biden has yet to personally interview any candidates for top roles. But as he nears a final decision on running for reelection, Biden has given every indication to those around him he is preparing to launch another bid for president.
A tight circle of Biden’s closest advisers have been working for months to build a campaign apparatus to be ready for his decision, and they have started to eye next month for a potential announcement.
They have consulted with top officials in battleground states on lessons learned from the midterms to build a strategy for 2024.
They are also methodically starting to rollout a message that emphasizes Biden’s accomplishments while allowing Republicans’ intra-party feuding to speak for itself. The central tenets of that message have shown up in Biden’s post-midterm election travel around the country – an itinerary that included visits to Arizona and Michigan and will put Biden in Georgia on January 15.
All three were critical to Biden’s path to victory in 2020 and will be again should he run in 2024. All three remain hotly contested battleground states.
“In time,” Biden said this week after a reporter asked when he would announce his reelection bid.
For the president, the decision to run again combines questions of duty, pride, family and health. Already the oldest president in history, Biden would be 86 at the end of potential second term. His team is keenly aware that Biden’s age – specifically the public perception tied to it – is one of his biggest liabilities. It remains the reason many Democratic voters say in polls he should not seek another term.
But to many on his team the decision appears all but made, even as Biden was set to consult with members of his family over his winter vacation in the US Virgin Islands about mounting a reelection bid. Aides said the president spent the week on St. Croix in high spirits, golfing with his grandson and relaxing in the sun on a secluded and private beach.
In conversations with CNN, close Biden allies, administration officials and members of Congress said it is nearly impossible to find anyone in the president’s world these days who believes anything other than the fact that the president will seek a second term.
“We all operate under the assumption he’s running,” said one senior administration official.
“The guy is running,” said a Democratic lawmaker in close touch with the West Wing.
“We all know: He’s running,” was how another top official in the administration put it. “All systems go.”
CNN Exclusive: Pelosi and Schumer say Biden should run for re-election in 2024
Biden said the day after the November midterms that he “intended” to run again, barring any unforeseen episode. And he and his family have signaled to others – including in early December to the visiting French President Emmanuel Macron – that they are preparing for a run.
Biden’s reluctance to definitively announce his intentions is in part driven by a desire to avoid triggering compliance with candidate election laws.
Advisers, however, note that when Biden says he’s a “great respecter of fate,” it’s less of a dodge than it would appear.
“When you’ve been through what he’s been through the last five decades, personally and politically, that’s not a BS answer,” said one person with long-standing close ties to Biden, citing the family tragedies that play a central role in the president’s worldview. “But nobody is more cognizant of the things that are out of your control.”
That said, the person noted, “The way things have aligned certainly drives a view that his theory of the case has been on the mark.”
Senior White House aides were buoyed by a notable shift at the end of last year. The core of Biden’s agenda had been signed into law, laying out a road map for tangible accomplishments to highlight in the months ahead even as a new House Republican majority was set to freeze broader White House legislative ambitions.
Predictions of an all but certain political demise appeared greatly exaggerated, but even some Democratic reservations remain – albeit in a significantly less public form.
“A lot of things went right at the right time to end the year the way we did,” one House Democrat said. “I’m behind him, but my concern is that they’re overreading just how responsible they are for what came together.”
Still, the results of the midterm election have marked a notable turning point – if not in Biden’s actual decision-making process, which only a handful of individuals close to the president are genuinely privy to, then in the widespread perception around whether Biden intends to seek a second term.
“There was a feeling that our folks could finally exhale,” one person familiar with the dynamics told CNN. “We laid out our plans and our theory of the case and it wasn’t that they didn’t believe it in, they just didn’t think it would carry the day politically. Well, now we have evidence it did just that.”
The evidence advisers point to includes a clear-cut record of consequential legislative success and an economy they believe has transitioned from a period of historically rapid recovery from the Covid-19 pandemic to a level of consistent durability. They believe that consistency comes as there are concrete signs the soaring inflation that has plagued his second year in office has started to ebb.
That sense of vindication was only deepened, some said, by the long-running sense among Biden’s closest allies that he has consistently been underestimated – including in the last presidential election.
“Especially after the midterms,” a senior administration official said, the broadly held belief about Biden’s political future solidified into: “Of course he’s running.”
Tapper questions Biden about his age ahead of potential 2024 bid
Earlier this year, some Biden advisers privately hoped for a decision and announcement by the middle of January, believing it was important to signal Biden’s intentions to fellow Democrats – including those who foster their own presidential aspirations.
But in the nearly two months since November’s midterms, Biden has left little question as to his plans, both in public and in private conversations, and nearly every Democrat seen as a possible contender has said they would hold off running if Biden gets in the race.
Aides have also kept a close eye on the lackadaisical launch of former President Donald Trump’s third run for the presidency, with a sense that it underscores there is no overarching need to rush out with a decision.
Biden’s advisers have kept a close eye on other likely top-tier Republican candidates, including Florida Gov. Ron DeSantis, as the Democratic National Committee has continued its extensive efforts to compile research on potential challengers.
Yet there is a view that those Republicans are certain to spend the next year trending sharply right in order to compete in the GOP primary – something that will give Democrats ample areas of contrast, or attack, against whoever emerges in a general election.
While Biden recently said that he hopes to announce his decision early in the new year, many who know him well are skeptical that the president will meet that aspirational timeline. They point to the many self-imposed deadlines he has blown past before – from major policy announcements to his deliberations over whether to run for president in the 2020 election.
“No way,” said a top administration official about the prospects of Biden sharing his official decision in the first month of 2023. “Joe Biden likes to stretch things out.”
Biden’s team has pointed to former President Barack Obama’s reelection announcement in April 2011 as a guidepost, though expect Biden to make his announcement earlier than that – potentially by the end of February.
Much like the decision timeline, the nascent campaign infrastructure – and the key players that drive its operations – will reflect Biden. As one person who has worked with Biden on several campaigns put it: “The president will drive this and whatever we do will be because it’s what he thinks is the right path – no matter what talking heads or outside operatives say.”
That idea also serves as the driver behind a campaign infrastructure that has to some degree been built out on a steady basis since before Biden even set foot in the Oval Office.
Immediately after the 2020 election, Biden directed his campaign to turn over its assets to the Democratic National Committee, from the grassroots fundraising infrastructure to the distributed organizing program. The move helped drive roughly $90 million in state and electoral programs in the lead up to the midterms – nearly triple the amount of the 2018 midterm cycle.
Overall, the DNC raised $292 million through September 2022, a record for the committee, and Biden’s 2020 campaign infrastructure drove $155 million in grassroots fundraising.
The fundraising is critical, Democratic officials said, but the roots of any reelection campaign lie in decisions that built out state-level infrastructure months earlier than any prior cycle while overarching data operations were centralized and constantly refreshed at the same time.
The key states targeted for the new investments were all critical battlegrounds in the midterm elections. But in the words of one Democratic official, “it doesn’t take a political genius to overlay those battlegrounds with the Biden 2020 map.”
The states include Arizona, Georgia, Michigan, New Hampshire, Nevada, North Carolina, Pennsylvania and Wisconsin. All but one of those states – North Carolina – was in the win column for Biden in 2020 and all will be central to any pathway should he choose to run in 2024.
When Biden is ready to make his announcement, the DNC infrastructure that was always quietly viewed as the core infrastructure of a reelection campaign will be ready to go.
It’s a dramatically different moment from the one Biden faced as he closed in on his decision in 2019 for a campaign that largely started from scratch and at various points faced financial, infrastructure and organizational issues.
This time around, Biden’s operation will “have the benefit of turning things on whenever we want them, as fast as we want them,” one adviser said.
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For Biden, however, the message has always been the most important piece of the equation – and it’s already clear officials have a good sense of what it will be based on the work of Biden’s first two years.
Much of that work flows directly from past campaign promises or carry a through-line from Biden’s long-held views about both politics and policy. But advisers note, it will also making clear that there is vital work still to be done.
Top White House advisers Mike Donilon and Bruce Reed, both longtime Biden aides, have already begun work on the annual State of the Union address, which is viewed internally in part as a springboard for the president’s reelection message.
first speech as House speaker, McCarthy told his colleagues, “Now the hard work begins.” He also said: “As speaker of the House, my ultimate responsibility is not to my party, my conference, or even our Congress. My responsibility, our responsibility, is to our country.”” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
points at McCarthy after McCarthy confronted him over his “present” vote on the 14th ballot Friday.” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”2000″ width=”3000″/>
motion to adjourn on Thursday evening. The House voted to adjourn until noon on Friday.” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
Cheryl Johnson receives a standing ovation in the House chamber on Thursday.” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
Perry said he needed more changes before he could vote for McCarthy.” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
He told CNN Thursday that the vote for speakership can end in two ways: “Either Kevin McCarthy withdraws from the race, or we construct a straitjacket that he is unable to evade.”” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
made a plea for unity in his nomination speech, saying, the “issues that divide us today are much less severe that they were in 1856; in fact, there’s far more that unite us, than divide us, regardless of our political party of ideology.”” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
House of Representatives members should be sworn in — even if a speaker is not chosen yet — so their families can witness the moment and not have to wait around the Capitol all day.” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
told Gosar that there was no plan to do that. Last year, the House voted to censure Gosar and remove him from committees after he photoshopped an anime video to social media showing him appearing to kill Ocasio-Cortez and attacking President Joe Biden.” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”2000″ width=”3000″/>
The embattled New York Republican faces a federal probe into his finances and mounting scrutiny and condemnation over lies about his biography. ” class=”image_gallery-image__dam-img image_gallery-image__dam-img–loading” onload=’this.classList.remove(‘image_gallery-image__dam-img–loading’)’ height=”1667″ width=”2500″/>
In pictures: McCarthy elected speaker after historic stalemate
At the end of last year, key Democratic allies were brought into the White House for briefings about Biden’s messaging strategy in 2023, with a heavy emphasis on elements of his record that will start to take hold in the coming months.
Biden himself sought to emphasize the fruits of his legislative accomplishments during his first Cabinet meeting of the year on Thursday.
“We need to focus on implementing some of the big laws that we actually passed so the American people can feel what we’ve done,” Biden said.
“After a rough few years, we’re seeing some real bright spots I believe across our entire nation. I think we’re making some real progress,” he added.
Biden’s message – focused on bipartisanship and the accomplishments from his first two years in office – provides an intentional contrast with Republicans, who spent their first week in control of the House consumed by intraparty warfare over the normally smooth process of formalizing who will be speaker of the House.
White House officials intentionally stayed silent on the battle, content to let the chaos on the House floor speak for itself as Biden stuck to a schedule focused on legislative accomplishments and priorities for the year ahead.
The GOP infighting is only expected to worsen as presidential hopefuls enter a primary contest currently dominated by Trump, who is currently the only declared candidate in the race.
Still, advisers acknowledge the road, if Biden gives an official go-ahead will be both uneven and exceedingly long in the 22 months before votes are counted.
But the work to design and put into place the roadmap for that period has been quietly underway for months and has accelerating in the wake of a midterm election that provided reams of new information about the path ahead.
Biden’s inner circle remains small, as does the number of people fully engaged in the process, even as Democratic officials and top-tier campaign hands have received calls at various points of the last several weeks.
The 2020 campaign brain trust remains largely intact inside the White House and makes up the core of most critical voices for Biden, with campaign manager Jen O’Malley Dillon serving as deputy White House chief of staff and continuing to run point on his political operation.
Donilon and Reed serve as two of Biden’s closest White House advisers and Steve Ricchetti, another long-time Biden world mainstay, as counselor to the president. Anita Dunn, senior adviser to Biden, is now in her second stint inside Biden’s West Wing and Ron Klain, the White House chief of staff, remain two of the most trusted voices in Biden’s orbit.
In preparation for a run, Biden’s team has delved into analysis and polling from last year’s midterm races, hoping to discern trends and identify weak points for the coming presidential race. They have sought to ensure voter and data files are completely updated and ready for next year, and are speaking to campaign managers, key digital staffers and field organizers to discuss practices that worked.
For now, the biggest focus of Biden’s team is trying to map out new ways to reach voters, a process that’s been underway for more than a year amid historic changes to how Americans vote. Discussions led by Rob Flaherty, currently serving at the White House as director of digital strategy, have sought to home in on how to create high-quality voter engagement in new ways, utilizing the experiences of successful Democratic candidates in the midterms.
Advisers don’t view the process as one that will be complete by the time Biden announces his decision. They instead expect to spend the coming year testing out various ways to target audiences and mobilize supporters.
It’s an approach that dovetails with the overarching view of the year ahead: a steady, methodical and intensive process that builds toward 2024 – one that got its first run in Biden’s first major event this year.
Biden traveled to Covington, Kentucky, last week to highlight nearly $2 billion that had been secured to repair a bridge that for decades had served as an intractable problem. Politicians from both parties had pledged to get the money to fix the Brent Spence Bridge – including Biden’s predecessor, who had made the pledge “several times,” one official was pleased to point out – but Biden was the one who could say he finally delivered.
As House Republicans continued their descent into full scale intra-party warfare over their next leader, Biden was standing on stage with a bipartisan group of lawmakers and governors touting the bipartisan win.
Among them was Senate Minority Leader Mitch McConnell, an arch nemesis of Democrats who Biden heaped praise on for his help in getting the $1.2 trillion infrastructure law across the finish line, despite their clear and extensive differences.
McConnell, for his part, called it a “legislative miracle.”
“I wanted to start off the new year at this historic project here in Ohio and Kentucky with a bipartisan group of officials because I believe it sends an important message to the entire country,” Biden said in his remarks. “We can work together. We can get things done. We can move the nation forward.”
Biden’s message wasn’t lost on some watching in Washington.
“Tough to argue with the idea, especially with McConnell by your side,” one Republican campaign official said, even as it was made clear he opposed Biden. “It’s almost like, if you listen closely, you just might be hearing a central reelection campaign message.”
Longtime Michigan Sen. Debbie Stabenow is calling it quits and will not stand for reelection in 2024.
At a minimum, her decision makes Democrats’ already difficult job of retaining Senate control in 2024 even harder. Senators caucusing with the party hold 23 of the 34 seats expected to be up for reelection. Seven of them represent states Trump won at least once. This includes Michigan.
Sen. Gary Peters – the last Democrat not named Stabenow to run for Senate in Michigan – won reelection by less than 2 points in 2020.
Stabenow likely would have made Democrats’ job easier had she opted to run again. After narrowly unseating Republican Sen. Spencer Abraham in 2000, she has won reelection by at least 5 points in three subsequent contests.
But Democrats now have a battle on the horizon in another state that flipped from Donald Trump in 2016 to Joe Biden four years later. Beyond Michigan, Democrats face a messy situation in Arizona with Sen. Kyrsten Sinema becoming an independent.
With 51 senators now caucusing with Democrats, losses in Arizona and Michigan alone could be enough to flip the chamber to Republicans.
Yet, Republicans’ ability to flip Michigan will be highly dependent on two important questions.
First, what type of party do GOP primary voters want?
And second, will Republicans in key Great Lakes battleground states continue to outperform national results if Trump isn’t on the ballot?
In 2022, we saw GOP primary voters across the map select nominees who ended up being rejected by the general election electorate. Republicans underperformed the partisan fundamentals in a number of key Senate races, allowing Democrats to maintain control of the chamber while narrowly losing the House.
There were several examples of this in Michigan last year. While there was no Senate race, the state held elections for key statewide offices, including governor, attorney general and secretary of state. The Republican candidates for these positions promoted false claims that Biden had not won the 2020 election legitimately.
The result was that none of them came close to winning any of these races. This was most evident in the gubernatorial contest, where Democratic Gov. Gretchen Whitmer turned what should have been a close race against Republican Tudor Dixon into a double-digit blowout.
If Republicans are going to want to compete in Michigan in 2024 – or any swing-state Senate races in two years – primary voters will likely need to choose more mainstream candidates than they did in 2022.
Of course, it won’t just be about individual candidates. It will be about regional trends as well.
One of the biggest electoral changes in the past decade has been the Republican breakthrough in Great Lakes states such as Michigan, Pennsylvania and Wisconsin. They went from voting to the left of the nation in the 2012 presidential election to voting to the nation’s right in 2016 and 2020. This was in large part because of Trump’s appeal to White voters without a college degree.
But Trump may not be on the ballot in 2024, and it’s unclear whether the pro-Republican trend in these Great Lakes states will continue without him.
Look at what happened last year. Michigan voted to the left of the nation in US House races. Pennsylvania and Wisconsin voted basically in line with the nation, once you account for uncontested races.
Indeed, it would not be surprising to see a shift in how states vote relative to the nation if Trump is out of the picture. This has happened every eight years in recent cycles (e.g., 1976, 1984, 1992, 2000, 2008 and 2016).
And that would make Democrats less vulnerable in Michigan than you might think, even without Stabenow as their nominee. Keep in mind that Democrats haven’t lost a Senate race in the Wolverine State since 1994.
A return to the pre-Trump era in Michigan and other key Great Lakes states may also mean that the advantage Republicans have held in the Electoral College relative to the popular vote in the two most recent presidential elections may not materialize in 2024.
Republicans’ take over of the House this week will usher in a two-year political era that threatens to bring governing showdowns and shutdowns as a GOP speaker and Democratic president try to wield power from opposite ends of Pennsylvania Avenue.
The unprecedented possibility that former President Donald Trump, who’s already launched another bid for the White House, could face indictment could tear the nation further apart at a moment when American democracy remains under grave strain. The already stirring 2024 presidential campaign, meanwhile, will stir more political toxins as both parties sense the White House and control of Congress are up for grabs after the closely fought midterms.
Abroad, the war in Ukraine brings the constant, alarming possibility of spillover into a NATO-Russia conflict and will test the willingness of American taxpayers to keep sending billions of dollars to sustain foreigners’ dreams of freedom. As he leads the West in this crisis, President Joe Biden faces ever more overt challenges from rising superpower China and alarming advances in the nuclear programs of Iran and North Korea.
If 2022 was a tumultuous and dangerous year, 2023 could be just as fraught.
Washington is bracing for a sharp shock. Since November, the big story has been about the red wave that didn’t arrive. But the reality of divided government will finally dawn this week. A House Republican majority, in which radical conservatives now have disproportionate influence, will take over one half of Capitol Hill. Republicans will fling investigations, obstruction and possible impeachments at the White House, designed to throttle Biden’s presidency and ruin his reelection hopes.
Ironically, voters who disdained Trump-style circus politics and election denialism will get more of it since the smaller-than-expected GOP majority means acolytes of the ex-president, like expected House Judiciary Chairman Jim Jordan of Ohio and Rep. Marjorie Taylor Greene of Georgia, will have significant sway. The new Republican-run House represents, in effect, a return to power of Trumpism in a powerful corner of Washington. If House GOP leader Kevin McCarthy wins his desperate struggle against his party’s hardliners to secure the speakership, he’ll be at constant risk of walking the plank after making multiple concessions to extreme right-wingers.
A weak speaker and a nihilistic pro-Trump faction in the wider GOP threaten to produce a series of spending showdowns with the White House – most dangerously over the need to raise the government’s borrowing authority by the middle of the year, which could throw the US into default if it’s not done.
As Democrats head into the minority under a new generation of leaders, government shutdowns are more likely than bipartisanship. The GOP is vowing to investigate the business ties of the president’s son, Hunter Biden, and the crisis at the southern border. The GOP could suffer, however, if voters think they overreached – a factor Biden will use as he eyes a second term.
In the Senate, Democrats are still celebrating the expansion of their tiny majority in the midterms. (After two years split at 50-50, the chamber is now 51-49 in their favor). Wasting no time in seeking to carve out a reputation among voters as a force for bipartisanship and effective governance, the president will travel to Kentucky this week. He’ll take part in an event also featuring Republicans, including Senate Minority Leader Mitch McConnell, to highlight the infrastructure package that passed with bipartisan support in 2021.
Attorney General Merrick Garland could shortly face one of the most fateful decisions in modern politics: whether to indict Trump over his attempt to steal the 2020 election and over his hoarding of classified documents.
A criminal prosecution of an ex-president and current presidential candidate by the administration that succeeded him would subject the country’s political and judicial institutions to more extreme strain than even Trump has yet managed. The ex-president has already claimed persecution over investigations he faces – and an early declaration of his 2024 campaign has given him the chance to frame them as politicized.
If Trump were indicted, the uproar could be so corrosive that it’s fair to ask whether such an action would be truly in the national interest – assuming special counsel Jack Smith assembles a case that would have a reasonable chance of success in court.
Yet if Trump did indeed break the law – and given the strength of the evidence of insurrection against him presented in the House January 6 committee’s criminal referrals – his case also creates an even more profound dilemma. A failure to prosecute him would set a precedent that puts ex-presidents above the law.
“If a president can incite an insurrection and not be held accountable, then really there’s no limit to what a president can do or can’t do,” outgoing Illinois GOP Rep. Adam Kinzinger, a member of the select committee, said on CNN’s “State of the Union” Sunday.
“If he’s not guilty of a crime, then I, frankly, fear for the future of his country because now every future president can say, ‘Hey, here’s the bar.’ And the bar is, do everything you can to stay in power.”
Like it or not, with his November announcement, Trump has pitched America into the next presidential campaign. But unusual doubts cloud his future after seven years dominating the Republican Party. His limp campaign launch, bleating over his 2020 election loss and the poor track record of his hand-picked election-denying candidates in the midterms have dented Trump’s aura.
Potential alternative figureheads for his populist, nationalist culture war politics, like Florida Gov. Ron DeSantis, are emerging who could test the ex-president’s bond with his adoring conservative base. Even as he fends off multiple investigations, Trump must urgently show he’s still the GOP top dog as more and more Republicans consider him a national liability.
Biden is edging closer to giving Americans a new piece of history – a reelection campaign from a president who is over 80. His success in staving off a Republican landslide in the midterms has quelled some anxiety among Democrats about a possible reelection run. And Biden’s strongest card is that he’s already beaten Trump once. Still, he wouldn’t be able to play that card if Trump fades and another potential GOP nominee emerges. DeSantis, for example, is roughly half the current president’s age.
As 2023 opens, a repeat White House duel between Trump and Biden – which polls show voters do not want – is the best bet. But shifting politics, the momentous events in the months to come and the vagaries of fate means there’s no guarantee this will be the case come the end of the year.
Russia’s invasion of Ukraine last year showed how outside, global events can redefine a presidency. Biden’s leadership of the West against Moscow’s unprovoked aggression will be an impressive centerpiece of his legacy. But Russian President Vladimir Putin shows every sign of fighting on for years. Ukraine says it won’t stop until all his forces are driven out. So Biden’s capacity to stop the war from spilling over into a disastrous Russia-NATO clash will be constantly tested.
And who knows how long US and European voters will stomach high energy prices and sending billions of taxpayer cash to arm Ukraine if Western economies dip into recession this year.
Biden has his hands full elsewhere. An alarming airborne near miss between a Chinese jet and US military jet over the South China Sea over the holiday hints at how tensions in the region, especially over Taiwan, could trigger another superpower standoff. Biden also faces burgeoning nuclear crises with Iran and North Korea, which, along with Russia’s nuclear saber rattling, suggests the beginning of a dangerous new era of global conflict and risk.
Rarely has an economy been so hard to judge. In 2022, 40-year-high inflation and tumbling stock markets coincided with historically low unemployment rates, which created an odd simultaneous sensation of economic anxiety and wellbeing. The key question for 2023 will be whether the Federal Reserve’s harsh interest rate medicine – designed to bring down the cost of living – can bring about a soft landing without triggering a recession that many analysts believe is on the way.
Washington spending showdowns and potential government shutdowns could also pose new threats to growth. The economy will be outside any political leader’s capacity to control, but its state at the end of the year will play a vital role in an election that will define America, domestically and globally after 2024.
“My sense is people don’t think government will have the courage to take on the powerful and then be able to deliver,” Shapiro said in an interview with CNN. “So I think some people are like, ‘This guy really did take on the big guy, and he really did deliver something.’”
What he’s talking about is a wide record of six years as Pennsylvania attorney general. He didn’t just bemoan the opioid crisis but secured $3.25 billion for treatment and other services in the state. And he wasn’t just complaining about corruption but overseeing the arrests of more than 100 corrupt officials from both parties.
In a midterm year in which Democrats lost the House but still did better than expected, Shapiro – who will be sworn in January 17 – dominated every day of his race in a state that was key to both Donald Trump’s and Joe Biden’s presidential wins.
Former President Barack Obama told Shapiro directly that he’s among the 2022 generation of Democrats who need to have a voice in the future of the party, according to people familiar with the conversation. Famed consultant James Carville called Shapiro’s campaign the best of 2022. He’s already being chattered about by many Democrats as perhaps the future first Jewish president.
As Democrats start planning for what’s next – what they stand for, instead of just what they stand against with Trumpism – even White House aides who now rave about Biden’s accomplishments being on par with Lyndon Johnson’s acknowledge that they’re still struggling to make many voters see the direct impact on their lives. Happy as they are about how well Democrats did in the midterms, they see most of that as a rejection of Republicans and Trumpism, with top Democrats telling CNN they know they have a different task in front of them as they head into preparations for an expected Biden reelection campaign and efforts to hold the Senate and win back the House in 2024.
Pollsters John Anzalone and Matt Hogan said in memo last month that while the party should be “understandably encouraged,” Democrats “should be careful not to interpret the results as evidence that voters liked the party more than pre-election polls suggested.”
From MAGA crowds to Bernie Sanders rallies in Pennsylvania and beyond, voters in interviews often express a common feeling that a small group is getting away with what regular Americans never could, and a cynicism that any politician is even trying to do anything to stop them.
Put Shapiro’s tight-rimmed glasses and studied Obama-style speaking rhythms next to Democrat John Fetterman’s Carhartt shorts, tattoos and bouncer chin beard and few would see the incoming governor rather than the already iconic Pennsylvania senator-elect as the one with populist appeal. Yet it was Shapiro, who grew up the son of a pediatrician in the Philadelphia suburbs and has been measuring each step on his path to Harrisburg since law school – and some around him say grade school – who got more votes in November.
Focus groups conducted by Shapiro’s campaign as he was preparing to launch last year had people saying he was “polished,” according to people familiar with the findings. Worried that could slip to “boring,” or just being written off as a career politician, aides packed his stump speeches full of more references to cases or parts of the $328 million in relief, restitution, penalties and other payments his office says he obtained over six years on the job.
When Shapiro talked about climate change, he talked about getting to affordable energy costs and about the fracking companies he sued as attorney general because the pollution was endangering Pennsylvanians’ health. When he talked about student loans, he talked about the $200 million in debt he got canceled by suing a big lender. He was just as likely to bring up the massive investigation his office did into decades of sexual abuse in Catholic dioceses across the state as he was a local construction company from which he recovered $21 million in stolen wages, knowing that either effort would give him credibility and appeal to voters who don’t think much about politics, or rarely think about voting for Democrats.
“They don’t want to hear you talk,” said a top Shapiro aide. “They want to see what you can do.”
He had a running start heading into his gubernatorial campaign: Since his election as attorney general in 2016, Shapiro and his team had made publicizing the work he was doing a central part of the strategy, from pressuring a huge state insurance company by having news conferences with women who’d been through breast cancer treatment, to mounting campaigns to have supporters write open letter op-eds to CEOs they were after, to setting up a hotline for church abuse victims to call in with their stories.
With Republicans all over the country stoking crime fears throughout the midterms, Shapiro would talk about the 8,200 drug dealers he’d locked up in his six years on the job. He’d then immediately follow up, saying that the opiates many of them were selling were part of a crisis “manufactured by greed” and how he’d also gone after those companies with the power of his office.
“Look at his model,” said Rep. Dwight Evans, a Democrat who represents much of Philadelphia. “What he says is, people deserve to be safe and feel safe. You got to have a way of showing outcomes. And he does that.”
Shapiro’s Republican opponent, Doug Mastriano, raised only $7 million, had an account full of QAnon-friendly tweets, was seen in a picture dressed up in a Confederate uniform, held events where men claiming to be security blocked reporters from entering and paid consulting fees to the antisemitic website Gab. But in a swing state that Biden only narrowly won in 2020 – and had gone to Trump four years earlier – Shapiro’s eventual victory was far from a guarantee.
In reflective moments during the campaign, Shapiro would talk about the “heaviness” he felt while campaigning and about the way his wife would poke him in the chest or voters would grab him by the arm and tell him, “You have to win.” An observant Jew, whose campaign debated whether to feature a shot of a challah bread in an opening video in which he spoke about getting home every Friday night for dinner with his family (it ultimately did) and who often cited an old Jewish teaching that “no one is required to complete the task, nor are we allowed to refrain from it,” he said he felt the weight both politically and personally.
Voters ended up rejecting election-denying Republicans in nearly every competitive midterm race around the country. Shapiro, though, didn’t wax on about the abstract wonders of democracy or voting rights, but detailed the 43 challenges to the 2020 vote count that he defeated in court.
He went on offense, mocking Mastriano for talking a “good game” about freedom, then saying “real freedom” is about freedom of choice in abortion rights, freedom to not have banned books, freedom to not feel targeted by guns on the streets and freedom to have job opportunities.
He talked about the events of January 6, 2021, but only to say that Mastriano’s presence in the crowd outside the US Capitol ahead of rioters storming the building showed that he didn’t “respect” Pennsylvanians enough to care what they thought.
He never went more than a few words without drawing a direct line back to what he’d already accomplished.
Part of Shapiro’s standard routine is always insisting he doesn’t pay attention to national politics and doesn’t think much about what other Democrats beyond Pennsylvania are doing or saying. One of his favorite lines during the campaign was how his focus was on Washington County, just southwest of Pittsburgh, and not Washington, DC.
So when asked about other Democrats being wary of going after corporations over fears they’d be tagged as socialists, or about Biden’s only sporadic attacks on oil companies for profiting as gas prices were high, Shapiro pleaded ignorance – pointedly.
“I don’t have a frame of reference,” he said, “but I guess I am surprised they wouldn’t talk about it as well.”
The result for Shapiro: He set a record of winning the most votes ever for a Pennsylvania gubernatorial candidate. As his campaign has proudly pointed out, his win was so big that he could have gotten there even without a single vote from Philadelphia and its suburbs: In Erie County, which Biden won by 1 point in 2020, Shapiro won by 21 points; and in Washington County, which Biden lost by 22 points, Shapiro only lost by 2.
His coattails helped keep the Senate race tilted to Fetterman even when the candidate was sidelined by a stroke. He also helped his party hold three swing US House seats and narrowly win a majority in the state House of Representatives for the first time in more than a decade.
“He was able to represent everyday consumers against the big guys,” said North Carolina Gov. Roy Cooper, the outgoing chair of the Democratic Governors Association and a former state attorney general himself. “People remember that, when you stood up on their behalf.”
As attorney general, Shapiro faced the corny political joke: “AG” really stands for “aspiring governor.” While many have made the jump, few have done it successfully.
Shapiro knows he’s going to have to adjust.
“When we were in the AG’s office, these cases would come to us,” said the Shapiro aide. “Now we’re in the position of, we drive the agenda.”
They’re still trying to sort out what exactly that the shift in mentality will mean.
“It’s hard to accuse me of not doing things,” Shapiro said. “I feel a responsibility to now be able to take what I did, that type of approach in the AG’s office and show that government can work.”
There’s only so far most Democrats can go in following the Shapiro model. Members of Congress can’t go to grand juries. A president can’t negotiate legal settlements.
But with Shapiro and fellow Democratic Attorney General Maura Healey of Massachusetts winning their governor’s races, other Democratic attorneys general are gearing up for more.
Even in states with multiple competitive races, every Democratic attorney general was reelected in 2022, except in rapidly reddening Iowa, and the party picked up the office in the key swing state of Arizona.
Those and other state AGs are already moving individually and in small groups on more investigations they expect to soon go public in a big way, including more pharmaceutical inquiries, privacy and data protection, and online consumer fraud. Also now rising on the list of targets: cryptocurrency.
“It certainly works. It gets the attention of corporate America. They know they have to contend with us,” said Nevada Attorney General Aaron Ford, who also co-chairs the Democratic Attorneys General Association and just won a second term back home. “And the voters appreciate it, and it’s recognized.”
The Federal Election Commission has levied a $30,000 fine on incoming Kansas Attorney General Kris Kobach and a private border wall organization he was once affiliated with due to campaign finance violations committed during his unsuccessful 2020 Senate bid.
In an agreement approved by the FEC last month, about a week after Kobach was elected, he admitted to illegally accepting an in-kind contribution from We Build the Wall, a Steve Bannon-linked group which ran a fundraising campaign to build a private border wall but became ensnarled in allegations of fraud.
CNN has reached out to attorneys for Kobach and We Build the Wall for comment.
In 2019, Kobach’s campaign rented We Build the Wall’s 295,000-person email list for just $2,000, a price significantly below the normal rate.
The campaign was also accused of additional campaign finance violations in connection with We Build the Wall, but the FEC, which is made up of three Democrats and three Republicans, either dismissed those allegations or was equally divided.
Kobach is an immigration hardliner and a longtime spreader of false election claims who served as Kansas’ secretary of state from 2011 to 2019 and has close ties to former President Donald Trump.
Kobach was narrowly elected Kansas attorney general in November, defeating Democrat Chris Mann 51% to 49% in the reliably red state. His victory came after two consecutive defeats in recent election cycles – losing bids for the governorship in 2018 and for the GOP nomination for US Senate in 2020.
He previously served on We Build the Wall’s board and as the organization’s general counsel.
Two men have pleaded guilty in federal court, and another was convicted of defrauding donors in connection with We Build The Wall. Bannon and the organization itself are now facing charges in New York state. Bannon, who has pleaded not guilty to state charges, had previously been indicted in federal court but was pardoned by then-President Trump at the end of his term.
President Joe Biden spent hours during his first foreign trip behind closed doors, attempting to reassure a shaken group of US allies that America was back. It was clear, he later told advisers, just how much work remained to convince them of the durability of that commitment.
Eighteen months after those meetings in Europe, Biden departed Washington on Tuesday for his year-end vacation, riding the momentum of historic legislative success and the defiance of political gravity that has reshaped the expectations for the critical months – and decisions – ahead. It’s a moment that Biden never seemed to doubt would come, even as his party – and some inside the White House – questioned or outright urged a change in approach to address political and economic headwinds driven primarily by soaring inflation that threatened to drag down his presidency.
During those 2021 meetings in England and Belgium, Biden found a group of allies genuinely shaken by the January 6 insurrection and the events that led to it. But the president tried to reassure them that the visceral divides that culminated in the violence that day would heal and the bleak moment in US politics would pass.
He was met with polite appreciation from his foreign counterparts. But the deep skepticism served only to underscore his commitment to a belief that sat at the heart of a pledge that was often pilloried during the campaign as naïve. The only real reassurance, Biden would note, was delivering on what he’d promised.
“That’s why it’s so important that I succeed in my agenda, whether it’s dealing with the vaccine, the economy, infrastructure,” Biden told reporters in Brussels shortly before he boarded Air Force One for a flight to Switzerland and a sit down with Russian President Vladimir Putin. “It’s important that we demonstrate we can make progress and continue to make progress. And I think we’re going to be able to do that.”
The moment provided a brief window into the president’s high-stakes theory of the case – one that appeared exceedingly aspirational given his party’s narrow congressional majorities and staunch GOP opposition. But even as this year began, Biden and his team were grasping to break free of a series of crises and the cornerstone of his agenda – a sweeping bill that included numerous administration priorities – appeared in shambles.
Biden’s anticipated final major action before the end of 2022 serves as an almost poetic coda for his first two years. The $1.7 trillion bipartisan spending package he will sign will lock in key funding priorities and include an overhaul of the law his predecessor cited in the lead up to the January 6 riot.
The turn from aspirational goals to palpable accomplishments – highlighted over the last several months by Biden’s travel to major corporate groundbreakings in states like Ohio, Arizona and Michigan – underpins the sharp reversal for the White House. That turnaround serves as evidence of Biden’s steely belief in his strategies and policy proposals –an approach deeply rooted over his decades in public service.
“One thing that is foundational with him is if he says he’s going to do something, he does it,” Steve Ricchetti, one of Biden’s closest and longest-serving advisers, told CNN in an interview, underscoring an approach that has been defined by steady, and at times stubborn, persistence.
Simple as it may seem, a campaign promise or commitment has tipped internal debates on policy decisions more than once, one White House official noted.
Biden’s closest confidants also stress that it’s a perspective that is instructive as the White House prepares for the dramatically reshaped Washington that will confront him upon his return from his family vacation to the US Virgin Islands.
“The whole idea of showing people government can work – we were mocked for that in some corners,” a Biden adviser said. “That’s literally what’s happening now.”
There are still clear challenges ahead. Inflation remains high even if its grip appears to be easing. Biden’s advisers expect economic growth to slow in the quarters ahead, though they remain cautiously optimistic a recession can be avoided.
Biden’s approval ratings, while ticking up, remain low and his age remains a real, if less publicly addressed, concern held by Democrats as they wait for an official decision about whether he will seek reelection.
But Biden’s overarching approach has guided the early-stage planning for the legislative and political implications of a new House Republican majority and served as the basis for aides already working through the outlines of the State of the Union address that will come early next year.
It’s also a defining element of the structure and message planning of a nascent campaign that has taken shape over the last several months and accelerated. Biden’s senior team has become increasingly confident that a reelection campaign will be green lit in the weeks ahead.
White House officials view the political salience of his agenda as both an underappreciated element of their ability to defy the expectations of sweeping GOP gains in the midterms and as a critical piece of what comes next. The prospect of divided government – and the exceedingly narrow legislative pathway it brings – has limited effect on an agenda that is now in the implementation phase.
“It forms the foundation for even stronger achievements as the nation heads into the New Year,” Mike Donilon, the White House senior adviser and long-standing member of Biden’s inner circle, wrote in a political memo circulated to allies this month.
Biden, advisers said, has laid down strict directives to senior aides and Cabinet officials about the necessity of efficient implementation in the months ahead.
“It’s not subtle,” a senior administration official said of the message from the top. “We have to get it right and in the moments we don’t, we damn well be ready to explain it – and fix it.”
For Biden’s tight-knit and long-serving advisers, this is a moment that both vindicates and validates core elements of a campaign and presidency that at various points were dismissed, underestimated or at some points even mocked.
“A lot of people told him that this wouldn’t resonate, or that it wasn’t the message, or that it’s outdated,” Stef Feldman, the longtime Biden aide who served as the 2020 campaign policy director before following him to the White House, told CNN.
Biden viewed his infrastructure proposal, in particular, as a central policy plank of his campaign as Democratic primary opponents raced to outdo one another with transformational progressive proposals – none of which included a viable way to pass a bitterly divided Congress.
Biden and his economic advisers zeroed in on an intensive manufacturing and supply chain agenda that grew more aggressive and transformational as a once-in-a-century pandemic gripped the country. They saw it as the key to reverse the accelerants at the heart of the atmosphere that created the opening for Donald Trump to reach the Oval Office.
“This was the right moment for his theory of the case,” Feldman said. “He could apply the principles that have really guided him throughout his whole career.”
Those principles have largely stayed with Biden through his time as a senator and vice president and were refined during the critical two years spent out of office as he weighed yet another run for the presidency.
“Ever since I’ve talked to the president about the economy, he’s distinguished between the short-term and the long-term, between consumption and investment,” said Jared Bernstein, Biden’s chief economist as vice president who now sits on the Council of Economic Advisers. “These have always been foundational to his economic thinking.”
The animating principles of Biden’s 2020 campaign hardly diverged from the key themes outlined by Donilon, Biden’s in-house mind-meld, in the 22-page memo he drafted in early 2015 as the then-vice president weighed jumping into the 2016 race.
From think tanks to business schools to Davos, Biden took the role of a kind of middle class evangelist, pressing for the pursuit of policies that addressed short-term incentives that had driven jobs away and wages down. Those speeches and discussions served as a roadmap of sorts for an agenda that is now largely law. They detailed major infrastructure investments and a incentivizing research and development that had atrophied. There were broad outlines of nascent ideas to connect hollowed out manufacturing centers and communities to new opportunities. Biden proposed changes to the tax code that tracked near where his administration would eventually land as it sought to finance spending plans.
Even the anecdotes from the period – whether the one about Chinese leader Xi Jinping and American “possibilities” or his father’s sayings about the dignity of work, or the importance of “breathing room” – are the same that populate his speeches as president.
Ricchetti, who as counselor to the president helped lead the White House legislative effort, pointed to a clear “through-line” from Biden’s days as a senator, through his time as vice president and during the first two years of Trump’s presidency.
Biden wrote a book detailing his decision not to run for president as he dealt with the pain of his son Beau’s fight with, and eventual death from, brain cancer. That process and the book tour that followed are viewed by Biden’s inner circle as an essential experience in the eventual decision to run in 2020.
“Much of what we prioritized at that time we took with us and used as the foundation,” Ricchetti said of the years leading up to the campaign.
If the effort to turn that foundation into a coherent policy agenda was accelerated and expanded in the final months of the campaign, it was turbocharged during a transition that saw Democrats take control of the Senate majority.
Officials structured the infrastructure, manufacturing, research and development, climate and equity proposals into interlocking pieces, designed to work in tandem even if they were eventually scaled back during the legislative process.
“At the core of this strategy was that the power of it is that these things work together,” National Economic Council Chairman Brian Deese, one of the architects of the package, said in an interview.
What the proposals – particularly across industries and policy priorities tied to climate and manufacturing – also represented was a dramatic shift in what had become an entrenched, if not monolithic, economic orthodoxy. Biden would oversee the most consequential pursuit of an industrial policy strategy in decades. He’d do so in many cases with Republican support.
To be clear, subscribing to the term “industrial policy” still isn’t universally embraced. Even Deese, who has driven and defined its core elements, prefers “Modern American Industrial Strategy.” In its simplest form, it’s the idea that “if you do public investment in a thoughtful way, what you’ll actually do is crowd in private investment,” Deese said.
Deese likes to point out its roots in the American economy can be traced to Alexander Hamilton.
But the convergence of factors that led it to once again gain broader, and bipartisan, traction was in many ways tailor-made for Biden.
A resurgence in research and development funding. Significant public investments designed for critical areas of national and economic security. The elevation of labor unions and a focus on creating the conditions to bring manufacturing jobs back to the US.
On their face, these issues are politically popular and hardly exclusive to Biden. They’re also exceedingly difficult to turn into policy. At least until the pandemic.
“There’s a cost associated with industrial weakness,” Deese said. “The pandemic laid bare something that had been the case for years.”
That was true for semiconductors – the tiny chips essential for everything from cars and washing machines to advanced weapons systems – that drove the bipartisan urgency behind the $280 billion CHIPS and Science law. Sen. Todd Young, an Indiana Republican up for reelection in 2022, drove the effort on Capitol Hill – something that underscored the salience of an issue that scrambled traditional political dynamics.
For Young, who had pressed for legislation tied to the issue in the year before Biden entered the White House, it was less about embracing a broader shift in economic policy and more about addressing the fact China had pursued exactly that for a decade or longer.Young was one of 17 Senate Republicans who voted to advance the eventual law that has driven new private sector investment or commitments in the last several months.
The pandemic. The rise of China as key feature of policy making in both parties. A president animated by the idea of long-term economic incentives crafted to connect workers and communities left behind for decades.
“These policy insights might not have come to fruition were it not for a confluence of events,” Bernstein acknowledged.
Ted Kaufman has a simple explanation for Biden’s approach and the places where it paid off after two years.
“There’s a confidence that comes from knowing what you’re doing,” said Kaufman, the former Delaware senator, longtime Biden Senate chief of staff and one of the president’s closest friends. “This is a guy who is so incredibly well qualified to be president because of experience.”
As to why that experience has rarely been rewarded by voters, Kaufman had another simple explanation.
“It’s hard because you have a record,” he said.
In a way it’s both an implicit acknowledgment of the unprecedented factors – most notably Trump, but in some ways the pandemic as well – that created an opening to the presidency for Biden. Another incumbent, or another moment, and advisers note that it wouldn’t be a question of if Biden would win. He wouldn’t have even run.
Instead, as he weighs running for reelection at age 80, he enters the final two years of this term with much of his agenda now law. Core elements of that agenda were driven by bipartisan consensus. Even Biden’s final bipartisan achievement of the year – the $1.7 trillion spending package – includes an initial $500 million to seed the technology and innovation hubs created by the CHIPS and Science Act in parts of the country outside of traditional tech sectors.
While Democrats narrowly lost their House majority in the midterm elections, the party expanded its Senate majority by a seat.
Perhaps most critically for Biden, the voters sharply reject some of the most extreme voices parroting 2020 election lies in critical races for governor and secretary of state.
In the months leading up to the midterm elections, Biden had started regularly recounting the experience with his foreign counterparts on that first foreign trip in an effort to underscore the stakes.
In the weeks that followed, after his travel to Indonesia for the G-20 Summit, he was ready to provide an updated version as he stood against the backdrop of a new factory in Arizona to celebrate the announcement by a Taiwanese chip maker of what would mark one of the largest foreign investments in US history.
“What was clear in those meetings is the United States is better positioned than any other nation to lead the world economy in the years ahead if we keep our focus,” Biden said.
This must feel like the year that won’t end for former President Donald Trump, whose actions appear to be catching up with him in public, painful and expensive ways.
Trump is infamous for escaping accountability, but he’s been put under the microscope in the second half of 2022 in a way that has complicated things for the 2024 contender.
The FBI searched his Florida resort, where classified documents were seized. His business was found guilty of criminal tax fraud. Documents relating to his tax returns were released by House Democrats, who are expected to release his actual returns before turning over the committee gavel next year to Republicans, who won a smaller-than-expected majority under Trump’s influence. Many candidates Trump backed failed in key Senate races, costing Republicans a majority in that chamber.
The former president himself hasn’t been charged with any crimes. But a special counsel has been appointed at the Justice Department to oversee two Trump-related investigations – surrounding the hoarding of documents at Mar-a-Lago and the January 6, 2021, attack on the US Capitol.
Trump has railed against the House committee investigating the January 6 insurrection, and his most ardent supporters tried to stonewall it, but it’s hard to objectively dismiss its damning 800-page detailed report, which spells out his efforts to overturn the 2020 presidential election and his role inspiring rioters to attack the Capitol.
And though the committee’s criminal referrals of Trump to the Justice Department are largely symbolic, the former president still has to wait and see what comes of the DOJ’s own twin probes.
In the meantime, there’s no sign that the former president – who launched his third nonconsecutive presidential bid last month – has done much to clear the GOP field, with other hopefuls mulling their options over the holidays.
The ongoing end-of-year revelations chipping away at Trump’s facade of power include large developments like the January 6 committee report – and smaller details.
Hidden in court documents is the inconvenient truth that even his loudest acolytes on Fox News knew his 2020 election fantasy was false.
Sean Hannity, the Fox News opinion host, admitted he didn’t “for one second” believe the fraud claims he helped push.
It might be nice for Fox viewers to hear that from Hannity, but the admission came off the air and in a deposition as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against the conservative network, according to the New York Times.
Hannity, as we know from text messages, was in close contact with Trump’s then-chief of staff, Mark Meadows, in the days leading up to January 6.
That the conservative elites in Trump’s circle knew the truth adds context to the fears of fraud they pushed to encourage Republican lawmakers to pass new election security laws in key states.
The release of Trump’s tax information, without his consent, by House Democrats confirmed what anyone could have guessed – that he paid no federal income tax in a year when he was leading the country.
Even in years like 2018, where he paid about $1 million in federal taxes, the rate he paid, a bit more than 4%, was on par with the bottom half of American taxpayers.
The special tax rules for real estate barons, which Congress can’t seem to address, help explain why Trump’s tax bill looks so different than that of regular wage-earning Americans. But the end result is that the former president looks like a tax avoider.
Trump broke with tradition in 2016 by refusing to release any of his personal tax returns. But his team immediately tried to weaponize the release of his information. “If this injustice can happen to President Trump, it can happen to all Americans without cause,” Trump spokesperson Steven Cheung said last week.
Trump made sure his influence was felt during the 2022 midterms, but after Republicans failed to secure a “red wave,” some members of his party have blamed him for the GOP’s poor showing.
He must now grapple with polls like CNN’s from earlier this month, which showed that most Republicans and Republican-leaning independents want the party to nominate someone other than Trump in 2024. Their top pick for an alternative? Florida Gov. Ron DeSantis. The GOP governor, who won a resounding reelection last month, enjoyed much stronger favorability ratings than Trump among Republicans, according to the CNN survey.
That’s bad news for a man who jumped out in front of the 2024 Republican field and launched another presidential bid at the precise moment he began to appear politically weak.
Even his most ardent supporters are growing tired of some of his antics. The $99 Trump-themed digital trading cards timed the NFT market all wrong and drew ridicule even from his most loyal supporters.
“I can’t do this any more,” complained Stephen Bannon, the former adviser who was sentenced to four months in jail for contempt of Congress after ignoring a subpoena from the January 6 committee. (He’s appealed that conviction.)
Many of the issues that dogged Trump in 2022 won’t be over with the start of the new year – and could even escalate.
His business, convicted of tax fraud in late 2022, also faces civil charges from the New York attorney general in 2023.
On the election-stealing front, it’s not just Special Counsel Jack Smith that Trump has to worry about. An Atlanta-area special grand jury investigating efforts by Trump and his allies to overturn the 2020 election in the Peach State has already begun writing its final report, CNN reported earlier this month. That will serve as a mechanism for the panel to recommend whether Fulton County District Attorney Fani Willis should pursue indictments.
While Trump envisions himself returning to the White House, one of the final bipartisan efforts lawmakers agreed on this month was an update to the Electoral Count Act, making clear that attempts like Trump’s after 2020 – to exploit antiquated language in federal election law and undermine the Electoral College – can never occur again.
Kwanzaa is celebrated each year from December 26 to January 1, with a day dedicated to each of the Nguzo Saba, or seven principles. Celebrants light a kinara, or seven-pronged candle holder, for each principle: unity (umoja), self-determination (kujichagulia), collective responsibility (ujima), cooperative economics (ujamaa), purpose (nia), creativity (kuumba) and faith (imani).
In a video posted Monday, President Joe Biden and first lady Dr. Jill Biden offered thanks “for the rich heritage of African Americans, which is deep in the story of our nation.”
“In 2023, it’s our hope that we’ll all remember the wisdom of the seven principles of Kwanzaa, especially the values of unity and faith, as we work to make the promise of our nation real in the lives of every American,” the president said, standing before a kinara in the White House.
And Vice President Kamala Harris – the nation’s first Black vice president, in addition to being the first woman to hold the role – took the opportunity to share her own experience with Kwanzaa as a child.
“Growing up, Kwanzaa was always a special time – we came together with generations of friends and family and neighbors,” Harris said. “There were never enough chairs, so my sister and I and the other children would often sit on the floor, and together we lit the candles of the kinara, and then the elders would talk about how Kwanzaa is a time to celebrate culture, community and family, and they of course taught us about the seven principles.”
Harris said that her favorite principle as a child was the second, kujichagulia, or self-determination, which she called “a deeply American principle – one that guides me each day as vice president.”
The vice president was joined by her husband, second gentleman Doug Emhoff – the first Jewish spouse to serve in his role. Earlier this month, the White House unveiled its first official White House menorah, while Harris hosted the first Hanukkah gathering at the vice president’s residence at the Naval Observatory.
An Arizona judge on Saturday rejected Republican gubernatorial candidate Kari Lake’s lawsuit attempting to overturn her defeat, concluding that there wasn’t clear or convincing evidence of misconduct, and affirming the victory of Democratic Gov.-elect Katie Hobbs.
Lake, who lost to Hobbs by about 17,000 votes in November, sued in an effort to overturn the election. Maricopa County Superior Court Judge Peter Thompson allowed a two-day trial on some of Lake’s claims, which concluded late Thursday afternoon.
The court ruling marks a major defeat for Lake, who built her candidacy on her support for former President Donald Trump’s lies about widespread election fraud in the 2020 presidential election. She has since falsely claimed to have won last month’s election.
Saturday’s ruling is also the latest blow for election deniers nationwide and harks back to the long stream of legal losses Trump suffered in 2020 as he sought to challenge his election loss.
In a tweet after the ruling, Lake, who sat in the courtroom during the trial but did not testify, said she would appeal the decision “for the sake of restoring faith and honesty in our elections.”
Thompson previously dismissed eight other counts alleged in Lake’s lawsuit prior to trial, ruling that they did not constitute proper grounds for an election contest under Arizona law, even if true. But he permitted Lake an attempt to prove at trial the two remaining counts involving printers and the ballot chain of custody in Maricopa County.
The county, which spans the Phoenix area and houses a majority of Arizona’s population, was a hotbed of unfounded allegations of voter disenfranchisement in the midterms and 2020 election.
Technical experts who testified in support of Lake provided analysis that “does not nearly approach the degree of precision” needed to conclude that the election results were tainted,” Thompson said in his ruling.
After the election, Lake falsely claimed that a mishap with some printers in Maricopa County was part of a deliberate effort to rig the vote against her. But the judge’s ruling noted that Lake’s “own witness testified before this Court that … printer failures were largely the result of unforeseen mechanical failure.”
According to Thompson’s ruling, Lake’s team had to show that someone intentionally caused the county’s ballot-on-demand printers to malfunction – and as a result of that, enough “identifiable” votes were lost to change the outcome of the election.
“Every single witness before the Court disclaimed any personal knowledge of such misconduct. The Court cannot accept speculation or conjecture in place of clear and convincing evidence,” Thompson wrote.
Maricopa County Board of Supervisors Chairman Bill Gates, a Republican who helps oversee elections, called the ruling “a win for Arizona voters and American democracy.”
“Arizona courts have made it clear that frivolous political theater meant to undermine elections will not be tolerated,” Gates said in a statement Saturday.
During the two-day trial, Lake’s legal team broadly criticized Maricopa County’s management of the election and claimed that long lines led Republican would-be voters to turn away on Election Day.
Tom Liddy, a lawyer for Maricopa County, faulted Lake’s campaign and the Arizona Republican Party for casting doubt on the validity of early and mail-in votes, which left GOP voters bearing the brunt of minor issues on Election Day.
“That’s political malpractice,” said Liddy, a Republican. “You reap what you sow.”
Maricopa County elections co-director Scott Jarrett detailed the causes of printing problems in some polling places on Election Day that resulted in on-site ballot tabulators being unable to read some ballots.
Jarrett said in some printers, toner wasn’t dark enough – a problem that resulted in voters whose ballots couldn’t be read having to place their ballots in “door 3,” a secure box used for ballots that would need to be counted later at a central location. Jarrett said about 17,000 ballots ended up in “door 3” boxes across the county.
He also said that at three of the county’s 223 sites, “shrink to fit” settings were improperly selected on ballot printers by technicians who were attempting to solve those toner problems. That resulted in about 1,300 ballots being printed slightly too small for on-site tabulators to process.
Those ballots were later duplicated by hand and then counted, he said.
He said he had “no reason to believe” any of the problems were the result of intentional misconduct. All of those votes, he said, were ultimately counted after they were transferred to a bipartisan duplication board.
Lake’s team had also claimed at the trial that employees at Runbeck, a Maricopa County ballot processing contractor, had improperly inserted their own ballots and those of family members into batches to be counted on site, rather than returning those ballots through proper channels.
In response, Rey Valenzuela, the Maricopa County co-director of elections in charge of early voting, said that the county had never authorized Runbeck employees to deliver ballots directly to the Runbeck site and that he was not aware of the contractor’s employees ever having done so.
Lake’s legal team has until Monday to respond. Hobbs is slated to be inaugurated as governor on January 2.
This is story has been updated with additional details.
The story of January 6 has largely focused on a cast of very prominent characters, including former President Donald Trump and members of his inner circle who have become household names, like his former attorney Rudy Giuliani and his White House chief of staff Mark Meadows.
But those with notable names were merely the tip of the iceberg for the January 6 committee, which spent 18 months investigating Trump’s efforts to overturn the 2020 election. The panel interviewed more than 1,000 witnesses behind closed doors, including scores of Trump aides who were hardly ever in the headlines.
The January 6 committee’s report, which came out Thursday, highlights how investigators tracked down little-known insiders – from the Trump campaign to the National Guard to the Republican National Committee – who witnessed key moments and provided critical information to the panel.
One critical example of the outsize role of little-known figures: The committee’s report mentions an unnamed White House staffer who told Trump around 1:21 p.m. on January 6, 2021, that “they’re rioting down at the Capitol.” This represents one of the first instances of Trump being told directly that the situation was descending into violence.
With the panel’s report public and witness interview transcripts trickling out on a daily basis, we’re getting a new glimpse into how these obscure figures played big roles in the inquiry. Some of them even provided information that will be useful to the ongoing criminal probes by the Justice Department and state prosecutors in Georgia, who are investigating Trump’s election schemes.
Here are a few lesser-known insiders and what they shared with the committee.
The committee’s dive into the hundreds of millions of dollars that were made in campaign fundraising off Trump’s bogus election fraud claims includes the story of a young RNC staffer who was fired after he pushed back on some of the assertions being made in fundraising emails.
Ethan Katz, who provided testimony to the committee, was an RNC copywriter who made clear to his superiors he was not comfortable with the false claims the Trump campaign and its allies were making after the election, according to the report.
His direct boss told the committee that she wasn’t sure why Katz was terminated three weeks after the election. However, it came after Katz repeatedly questioned the direction leadership was taking in Republicans’ post-election fundraising messaging.
The first confrontation – corroborated by multiple witnesses – came in a meeting with the entirety of the Trump digital team, in which Katz grilled a higher-up on how the campaign was saying it wanted to stop the count in several battleground states while keeping it going in another.
In the second episode in the report, he refused a directive to write an email declaring Trump the winner in Pennsylvania – an email Katz suspected was meant to preempt the election being called for Joe Biden in that state.
Another copy writer was assigned the task, the report said, and an email falsely declaring a Trump victory in Pennsylvania was sent on November 4.
Katz was one of several lower-level digital staffers who spoke to the committee, shedding light on how the campaign and the RNC tried to walk the line between not putting themselves in potential legal jeopardy by blasting out false claims while exploiting Trump’s fraud narrative for fundraising.
Among the first people the committee identifies as having concocted the fake electors strategy – in which slates of fraudulent Trump electors were put forward as alternatives to Biden electors – is Vince Haley, the deputy assistant to the president for policy, strategy and speechwriting.
Texts and emails that Haley turned over to the committee show how he repeatedly pushed the idea of using illegitimate GOP slates of presidential electors in battleground states to some of Trump’s closest staff members.
Supposed election fraud by Democrats is “only one rationale for slating Trump electors,” Haley told Johnny McEntee, an assistant to Trump, in text messages one week after the 2020 election that he turned over to the January 6 committee.
“We should baldly assert” that state legislators “have the constitutional right to substitute their judgment for a certified majority of their constituents” if that prevents socialism, he said.
The messages highlight how Trump allies and White House staffers appeared to know that their efforts to overturn the election could be problematic early on but believed they were justified if the plan was successful in keeping Trump in office.
Haley added, “[i]ndependent of the fraud – or really along with that argument – Harrisburg [Pennsylvania], Madison [Wisconsin] and Lansing [Michigan] do not have to sit idly by and submit themselves to rule by Beijing and Paris,” proposing that conservative radio hosts “rally the grassroots to apply pressure to the weak kneed legislators in those states.”
Haley then sent McEntee names and contact information for state legislators in six states, including Pennsylvania and Michigan. Trump later called several of those state officials, according to the report.
Two not-well-known Trump campaign officials who were already of interest to the Justice Department provided especially helpful testimony to the January 6 committee.
One of them, Georgia-based staffer Robert Sinners, described how he felt misled by campaign higher-ups about the legal sketchiness around the fake electors plan – evidence that might go to show a corrupt intent.
The second, Trump campaign associate general counsel Joshua Findlay, described fielding concerns from the activists being recruited to be fake electors and recounted to the committee how the campaign’s core team tried to hand off the scheme to the more fringe Trump lawyers.
Findlay also gave valuable testimony connecting the plot to the former president himself. He told the committee that he was tasked by another campaign official in early December with exploring the feasibility of the plan and that the official conveyed to him that the president wanted the campaign to “look into” the alternative electors proposal.
When it was decided that Giuliani would be in charge of the gambit, Findlay was left with the impression that it was because Trump wanted Giuliani to lead it. Findlay testified that Trump campaign leadership backed off the plan a few days after he had been told to look into it, with top lawyers bailing on the idea.
However, the campaign’s director of election day operations, Mike Roman, took on a chief operation role in the gambit.
The role played by Roman – who declined to answer many of committee’s questions in his testimony, invoking his Fifth Amendment rights – was fleshed out by communications handed over to the committee by Sinners. They showed that Roman was organizing information tracking the effort.
Sinners told the committee that he would not have participated with the scheme had he known the campaign’s top lawyers were not on board with the plan. He testified that he felt “angry,” according to the report, that “no one really cared if – if people were potentially putting themselves in jeopardy” by doing this, and “we were just … useful idiots or rubes at that point.”
The Justice Department has been seeking information about Sinners and Findlay. Their committee testimony, along with that of others, showed how the Trump campaign was willing to move forward with the fake electors plot – putting its participants in legal jeopardy – even as its top lawyers sought to distance themselves from the scheme.
To get to the heart of what was happening in the White House and Trump campaign war rooms, the committee looked to junior staffers – people who were key observers to the action but didn’t have an orchestrating role.
One such staffer was Angela McCallum, the national executive assistant on Trump’s reelection campaign.
After the election, McCallum was part of the Trump campaign’s operation to contact hundreds of state legislators to ask for their support for efforts to replace state electors.
Though McCallum does not appear to have had a leadership role in the operation, nor was she directly quoted by the committee, footnotes from the report show that she turned over several text messages, campaign spreadsheets and even a script for calling state legislators.
Her insight appears to have given the committee information on the campaign’s outreach efforts to push the fake electors plan. Her notes say that campaign staff tried contacting over 190 Republican state legislators in Arizona, Georgia and Michigan alone.
McCallum’s text records also show how campaign supervisors viewed the ongoing outreach efforts. In one instance, McCallum provided a text message sent by an operative the committee believes may have brought the fake elector certificates to Washington, based on the message’s photo of the operative in front of the Capitol.
“This has got to be the cover a book I write one day,” the operative, whom the committee could not find to serve a subpoena, said in the message. “I should probably buy [Mike] [R]oman a tie or something for sending me on this one. Hasn’t been done since 1876 and it was only 3 states that did it.”
In another message, the operative, who was McCallum’s supervisor, celebrated after reporters published a recorded voicemail McCallum left on a state legislators’ phone.
“Honest to god I’m so proud of this” because “[t]hey unwittingly just got your message out there,” the message read, according to the report.
He continued, telling McCallum that “you used the awesome power of the presidency to scare a state rep into getting a statewide newspaper to deliver your talking points.”
The long delay in sending National Guard troops to the US Capitol on January 6 was among the most glaring security failures that day. Previously unreported testimony revealed for the first time in the committee’s final report shows that one commander on the ground had his forces ready to respond hours before they were given approval to actually do so.
National Guard Col. Craig Hunter is not a household name, but as the highest-ranking commander on the ground on January 6, his testimony helped the committee untangle conflicting accounts provided by more senior officials and ultimately arrive at a conclusion about what caused the delayed response.
Hunter provided a detailed timeline of his own actions that day, including that he immediately started preparing his troops to respond at around 2 p.m. ET after hearing that shots had reportedly been fired at the US Capitol.
“So, at that point in my mind I said, ‘Okay, then they will be requesting the DC National Guard now, so we have to move,” Hunter told the committee, according to its final report.
Within the hour, Hunter had a plan in place. Over 100 National Guard troops were already loaded on to buses with their gear, and Hunter informed other responding law enforcement agencies that backup was coming as soon as he got approval from his superiors.
“At 3:10 p.m., Colonel Hunter felt it was time to tell his superiors all that he had done and hopefully get fast approval,” the report says.
But Hunter was unaware that a looming communications breakdown between senior military leaders – including the acting secretary of Defense and secretary of the Army – would delay approval of his plan for more than three hours.
At that very moment, Army Secretary Ryan McCarthy was putting together a redundant plan for transporting those forces to the Capitol and was not aware that he had already been given authority to issue the order himself, the report says.
The confusion, coupled with a lack of communication between senior military leaders and commanders on the ground, was a key factor in the delayed response, the report says.
In hindsight, the failures of top military officials are even more glaring considering Hunter had already devised a plan that could have been put into motion hours earlier.
They also did not occur in a vacuum. Trump could have personally intervened at any time, to hasten and coordinate the military response, but chose not to.
This story has been updated with additional information.
Internal Twitter communications released by the company’s new owner and CEO, Elon Musk, are fueling intense scrutiny of the FBI’s efforts alongside social media companies to thwart foreign disinformation in the run-up to the 2020 election.
At the heart of the controversy is Twitter’s decision in October 2020 to block users from sharing a New York Post story containing material from a laptop belonging to Hunter Biden. Conservative critics have accused Twitter of suppressing the story at the behest of the FBI, something they claim the released communications, dubbed the “Twitter Files,” demonstrate.
Musk himself has alleged the communications show government censorship, suggesting Twitter acted “under orders from the government” when it suppressed the Hunter Biden laptop story.
But so far, none of the released messages explicitly show the FBI telling Twitter to suppress the story. In fact, the opposite view emerges from sworn testimony by an FBI agent at the center of the controversy. And in interviews with CNN, half a dozen tech executives and senior staff, along with multiple federal officials familiar with the matter, all deny any such directive was given.
“We would never go to a company to say you need to squelch this story,” said one former FBI official who helped oversee the government’s cooperation with companies including Twitter, Google and Facebook.
Musk and his conservative allies have insinuated the released messages provide evidence of illicit behavior by the FBI, suggesting the exchange of secret files pertaining to Hunter Biden, and improper payments made to Twitter. But CNN’s interviews with people directly involved with the interactions and with those who have reviewed the documents disprove those claims.
Matt Taibbi, one of the journalists Musk tapped this month to comb through Twitter internal messages for evidence of free speech violations, said himself on December 2 that “there is no evidence – that I’ve seen – of any government involvement in the laptop story.”
What is clear, however, is that following Russia’s meddling campaign in 2016, plus after years of interactions with federal agents about how to spot foreign disinformation efforts, Twitter executives were hyper suspicious of anything that looked like foreign influence and were primed to act, even without direction from the government.
By the time the New York Post published its laptop story on October 14, 2020, Yoel Roth, Twitter’s then head of site integrity, had spent two years meeting with the FBI and other government officials. He was prepared for some kind of hack and leak operation.
“There were lots of reasons why the entire industry was on alert,” Roth said at a conference in November, not long after he resigned from Twitter. Roth insists he was not in favor of blocking the story and thought the company’s decision was a mistake.
As the released communications show, Twitter initially acted to suppress the story for a few days in part out of concerns that Hunter Biden, the son of the then-Democratic presidential candidate, was being targeted as part of a foreign election interference operation similar to the one Russia carried out in 2016.
What Twitter did not know at the time was that Hunter Biden was the subject of a federal criminal investigation. Since as early as 2018, the Justice Department has been investigating Hunter Biden for his business activities in foreign countries. In late 2019, nearly a year before the story first emerged in the New York Post, the FBI had used a subpoena to obtain a laptop that Biden allegedly left behind at a Delaware computer repair store.
According to sources at the FBI and at Twitter who spoke to CNN, none of that information was disclosed to Twitter executives trying to decide how to treat the laptop story, nor to anyone else for that matter.
“It was an ongoing investigation, so I would never approve of talking about it,” said the former FBI official.
While the released Twitter messages have yet to reveal a smoking gun showing the government ordered a social media company to suppress a story, Republicans on Capitol Hill say there are enough questions raised by the internal communications to merit calling tech executives to testify.
Scrutiny is building around the role of Twitter’s recently-fired deputy general counsel James Baker, a former top FBI official who joined Twitter in the summer of 2020. The released documents show Baker was in regular contact with his former colleagues at the FBI, giving rise to rampant accusations from conservatives that he was the conduit for the government to pressure Twitter.
In some of the material released by Twitter, an email shows Baker setting up a meeting – in the midst of Twitter’s internal deliberations about how to handle the New York Post story – with Matthew Perry, an attorney in the FBI’s Office of General Counsel. It is not clear what the two discussed.
The FBI declined to discuss any communications Baker had with FBI officials once he arrived at Twitter.
Baker is among a number of former Twitter executives called to testify this month by Republican Rep. James Comer, the incoming chair of the House Oversight Committee. Baker declined to comment for this story.
Comer also wants to hear from several former US intelligence officials who, days after the laptop story broke, wrote an open letter saying it had “all the classic earmarks of a Russian information operation.” The group of former officials who signed the letter included former Director of National Intelligence James Clapper, who, as a CNN contributor, appeared on the network to express his view.
Though the former officials admitted, “we do not have evidence of Russian involvement,” their letter set the tone for much of the early discussion and coverage of the laptop.
In a statement to CNN, the FBI said, “The correspondence between the FBI and Twitter show nothing more than examples of our traditional, longstanding and ongoing federal government and private sector engagements, which involve numerous companies over multiple sectors and industries. As evidenced in the correspondence, the FBI provides critical information to the private sector in an effort to allow them to protect themselves and their customers.
“The men and women of the FBI work every day to protect the American public. It is unfortunate that conspiracy theorists and others are feeding the American public misinformation with the sole purpose of attempting to discredit the agency.”
Among the messages given the most attention from Musk and other critics are a series of emails between Roth and Elvis Chan, an FBI special agent based in San Francisco, where he focuses on cybersecurity and foreign influence on social media. On October 13, the day before New York Post story published, Chan instructed Roth to download ten documents on a secure portal.
Roth responded, “received and downloaded – thanks!”
Michael Shellenberger, who is among those Musk has entrusted with access to the internal messages, wrote about the Chan communication with Roth. Shellenberger does not describe the contents of the files, but he does insinuate that the timing of the message suggests Chan was secretly providing Roth information about the Hunter laptop.
At the FBI’s headquarters in Washington, a team reviewing the internal communications released by Musk says it has identified the 10 documents Chan sent to Roth. “I reviewed all 10 of these documents personally and I can say explicitly there is nothing in these 10 documents about Hunter Biden’s laptop or about any related story to that,” an FBI official involved in the review told CNN.
The official said eight of the documents pertained to “malign foreign influence actors and activities,” the FBI’s terminology for foreign government election meddling. The official said the other two documents were posts on Twitter the FBI flagged as potential evidence of election-related crimes, such as voter suppression activities.
Another interaction that has drawn suspicion is an internal message from early 2021 that Shellenberger cites showing that the FBI paid Twitter $3.4 million beginning October 2019. In the message, an unnamed associate emails Baker saying, “I am happy to report we have collected $3,415,323 since October 2019!”
The FBI says the bureau is obligated under federal law to reimburse companies for the cost they incur to satisfy subpoenas and other legal requests as part of the FBI’s investigative work.
The FBI describes its discussions with Twitter as the type of information-sharing that Congress and both the Trump and Biden administrations encouraged to help tech companies and social media platforms protect themselves and their users. The released messages appear to show that FBI officials repeatedly noted that it was up to the content moderators at the company to take action if a post violated their rules.
“All the information exchanged is about the actors and their activity,” a second FBI official who reviewed the communications told CNN. “What we are not providing is specifics about the content and the narrative. We are also not directing the platforms to do anything. We are just providing it for them to do as they see fit under their own terms of service to protect their platforms and customers.”
After the 2016 election, social media executives knew they had a problem. Russian operatives had used their platforms to run a massive covert influence campaign to help elect Donald Trump, using bots to spread disinformation and sow division among Americans.
To prepare for the next election, the executives set about bolstering their internal controls, including hiring former law enforcement and intelligence officials. But they also knew they had to forge a closer relationship with the US government to help root out foreign trolls and sources of disinformation.
What followed were a series of regular meetings with federal agents that began in May 2018.
The released communications as well as interviews with people involved in the meetings portray routine, friendly and sometimes tense contacts between company executives and the government officials with whom they regularly interacted. Among the released communications are lively exchanges between Twitter and the FBI, revealing some of the sensitivities — and tensions — at play as the government and Silicon Valley slowly figured out how to work together.
One former FBI official who spoke to CNN recalls that tech executives would insist on meetings away from their campuses, in part because government agents weren’t welcome. Feelings in Silicon Valley toward the intelligence community were still raw since the Edward Snowden leaks detailed a vast data collection apparatus that targeted the tech companies.
“Early on, who hosted the meeting was also a political football,” said a person familiar with the meetings between the government and Silicon Valley. “Each company wanted someone else to. There were worries about employees seeing a bunch of feds and leaking it in an inaccurate way.”
One tech source, however, dismissed this and said companies offered their offices for the meetings out of a shared sense of responsibility.
Nevertheless, the meetings went ahead. The first one took place at Facebook’s headquarters in Menlo Park. Later meetings were held at Twitter and LinkedIn’s offices, a person familiar with the meetings told CNN.
Some of the early interactions were terse. Reports published by CNN and other news organizations described complaints from some tech executives that the FBI was sharing only limited information, useless to help the companies protect their platforms.
A telling moment came early on when a government lawyer lectured tech executives about the limits on what the government can do to help, multiple people who attended the meeting told CNN. One Silicon Valley executive described how the lawyer gave a 20-minute speech about the First Amendment and insisted that “government representatives can’t tell the companies to take any content down.”
Former Twitter employees and FBI officials involved say that by 2020, their discussions had become better coordinated and useful to both sides. One indicator of how advantageous the relationship had become: By 2020, Facebook was issuing press releases about some of the discussions.
Musk and other critics of the interactions point to released messages that they claim show a cozy relationship between the government and Twitter. But the messages also show Roth, Twitter’s then head of site integrity, repeatedly pushing back against asks from the FBI.
At various points, the Twitter communications show Roth resisting pressure to reveal certain information about users absent a formal legal request, such as which third-party VPN services were used by some account-holders to access Twitter.
Roth also shut down a request that the company share more of its data with intelligence officials.
Others within Twitter noted the US government’s interest in Twitter’s data and urged colleagues to “stay connected and keep a solid front against these efforts.”
Conservative critics continue to blame Roth for Twitter’s suppression of the laptop story, but he insists he didn’t make the final call and says he thought it was a mistake. “It is widely reported that I personally directed the suppression of the Hunter Biden laptop story,” Roth said last month. “It is absolutely, unequivocally untrue.”
Exactly who in Twitter’s leadership ultimately made the call to block the story remains unclear.
In December 2020, Roth gave a sworn declaration to the Federal Election Commission saying the government had warned of expected hack-and-leak incidents targeting people associated with political campaigns. Roth said that he learned in the meetings with government agencies there were “rumors that a hack-and-leak operation would involve Hunter Biden.”
Roth did not point to the government as the source of the rumor, but his claim that law enforcement agencies gave general warnings about disinformation campaigns dovetails with recent testimony from Chan, the FBI agent who played a key role in the meetings.
Chan was deposed this year as part of a lawsuit brought by the Missouri attorney general alleging government censorship of social media. Chan disputed that the government told social media companies to “expect” hack-and-leak campaigns, saying that it would have only warned companies it was a possibility.
That Hunter Biden might be the target of a hack-and-leak operation was being publicly discussed at the time, after it emerged that Burisma Holdings, a company he worked with in Ukraine had reportedly been hacked by Russian military intelligence early in 2020.
Chan also testified that government agents never raised Hunter Biden specifically, and that his name came up only when a Facebook analyst asked specifically for relevant information. An FBI agent in the meeting declined to answer, Chan recalled, adding that she was likely not authorized to address the question because at the time the FBI had not publicly confirmed its Hunter Biden investigation.
In December 2020, after then-Attorney General William Barr publicly refuted President Donald Trump’s claims that the election was rigged, White House staffers drafted a press release that would’ve called for the firing of anyone who disagreed with Trump’s claims, according to a new transcript from the House select committee investigating January 6, 2021.
The draft statement ended with, “Anybody that thinks there wasn’t massive fraud in 2020 election should be fired,” according to the deposition.
The draft statement – which was never sent out, and hadn’t been revealed before Friday – was brought up during the committee’s deposition of Trump White House Counsel Pat Cipollone, according to the transcript. Congressional investigators told him that they likely obtained the statement from the National Archives, which turned over documents from the Trump White House.
The committee also said during the Cipollone interview that White House aide Cassidy Hutchinson previously testified that Mark Meadows gave her the draft statement – which was a handwritten note – after an Oval Office meeting on the same day Barr made his public comments refuting Trump. It appears that the statement didn’t explicitly name Barr.
The committee claimed that Hutchinson testified that she was instructed by Meadows to seek Cipollone’s approval before the statement was posted on social media. The committee said Hutchinson testified that Cipollone’s response was, “God, no.” Cipollone said he had no recollection of the draft statement or the episode.
“By the way, I wasn’t fired,” Cipollone quipped to the committee.
The Cipollone deposition is one of nearly 50 additional transcripts released Friday night by the January 6 committee. The latest batch contained interviews with key witnesses, including Trump White House insiders and lawyers who worked for the Trump campaign.
Elaine Chao, who served as Trump’s transportation secretary, said she had no recollection of discussing the 25th Amendment after the insurrection, according to a transcript of her deposition with the January 6 committee released Friday.
Asked by congressional investigators if she had concerns about Trump’s mental fitness, Chao said that she didn’t go to many White House meetings by the end of Trump’s tenure. Chao was careful not to be too critical of Trump in her interview. She said she had not met with him in some time.
“By that time, I did not have personal contact with him,” Chao said. “I did not go to the White House, there were no meetings, so I hadn’t been in close proximity to him.”
Chao, who resigned on January 6, said she stepped down once she realized “the full ramifications of the actions that were taken by some people and the results that occurred.” Asked about Trump’s conduct that day, she said: “I wish he had acted differently.”
Asked about the inner workings of the Trump White House, and who he trusted among his aides and advisers, Chao said, “I’m not so sure he trusted anyone.”
Chao said she does not remember talking to other cabinet members that day – even though Labor Secretary Eugene Scalia told the committee he spoke with her.
Ivanka Trump, who served as senior White House adviser to her father, handed over text messages to the January 6 committee, a newly released transcript of her testimony reveals.
It wasn’t previously known that she provided text messages to the panel, though video clips from her April deposition were featured during the committee’s public hearings this summer.
The content of the texts messages remains unclear.
The committee’s line of questioning did not delve into the contents of her texts, but instead veered into her father’s cell phone habits, including whether he ever sent and received text messages. Ivanka Trump said she “never” exchanged texts with her father on “any device.”
Still, this is the latest example of how the committee obtained a wealth of evidence, including materials that weren’t previously known.
Sidney Powell, a conspiracy-peddling attorney who helped Trump’s attempts to overturn the 2020 election, said Trump and his allies believed he couldn’t have lost because of his large “rallies” and “common sense,” according to a transcript of her deposition to the January 6 committee released Friday.
She said that was the consensus in the room at a White House meeting that she attended with Trump, just a few days after the election. She told the committee that Trump’s then-attorney Rudy Giuliani was also there along with White House aides, according to the transcript.
“He wanted to know the truth,” Powell said, referring to Trump. “And our general consensus was that the vast majority of people had poured out in support of the President. The rallies indicated that. All the information that we had indicated that. And the numbers that we saw on election night simply didn’t jibe with common sense.”
She also claimed “math geniuses” reached out to her to tell her that Joe Biden’s victory was statistically impossible.
The testimony shows just how paper-thin the fraud theories emanating from Trump’s orbit actually were.
Despite her assertions, there is no evidence that the outcome of the 2020 election was tainted by widespread fraud or vote-rigging. Many of the conspiracies Powell has promoted about the election have been thoroughly debunked.
During the presidential transition, Trump nearly appointed Powell as a special counsel to use the powers of the federal government to investigate her baseless voter fraud theories. Senior White House officials and attorneys vehemently opposed that idea and it never ended up happening.
Cipollone told the January 6 committee that it “would have been a disaster” if Trump made Powell a special counsel, according to a transcript of his deposition.
Shortly after the 2020 election was called for Joe Biden, then-White House chief of staff Mark Meadows told his aide, Cassidy Hutchinson, that President Donald Trump knew he lost but wanted to keep fighting to overturn the results, according to a newly released transcript from the House select committee investigating the January 6 insurrection.
The transcript of Hutchinson’s September 14, 2022, interview with the committee, which took place after she testified publicly, was released Thursday by the panel. It details post-election conversations that Hutchinson described, where multiple people said Trump acknowledged he had lost but was unwilling to concede.
Hutchinson testified that Meadows told her on November 18, 2020, that Trump “has pretty much acknowledged that he’s lost,” the transcript says.
“A lot of times he’ll tell me that he lost, but he wants to keep fighting it, and he thinks that there might be enough to overturn the election,” Meadows told Hutchinson that day about Trump, according to her retelling of the conversation.
Hutchinson also testified that in late December 2020, Meadows lamented to her that Trump would get upset any time he mentioned the transition, telling the committee that Meadows said something to the effect of: “he’s just so angry at me all the time I can’t talk to him about anything post-White House without him getting mad that we didn’t win.”
“Later in the interview, Hutchinson told the committee she spoke with Meadows immediately after a call with Georgia officials on January 2, 2021, where Trump pushed officials to help overturn the election results there.”
“He said something to the effect of, ‘he knows it’s over. He knows he lost. But we are going to keep trying. There’s a chance he didn’t lose. I want to pull this off for him,’” Hutchinson said, recounting what Meadows told her about Trump.
In a September 15 deposition, Hutchinson echoed her testimony that she heard about Trump fighting with his security detail on January 6, according to another deposition transcript.
Hutchinson, who faced an onslaught of public criticism and pushback from Trump allies after she revealed the story she was told about Trump supposedly lunging at the driver of his presidential SUV on January 6, 2021, because he was angry that they wouldn’t take him to the US Capitol. During that public hearing, she said she heard the story from Tony Ornato, who was serving as deputy White House chief of staff at the time.
But after her public hearing and the avalanche of pushback, Hutchinson said she had “no doubts” about her previous testimony.
“I have no doubts in the conversation that I had with Mr. Ornato on January 6th. I have no doubts in how I’ve relayed that story privately and publicly” Hutchinson said, according to the transcript, which was released Thursday.
She also shared that Ornato made “sarcastic offhand remarks” to her about the story at least two times after he initially mentioned it – on January 19 and April 16 – according to the transcript.
“I have no doubts about the two instances on January 19th and April 16th about the conversation,” Hutchinson added.
In the April 16 call, Hutchinson described a phone conversation to committee investigators where Ornato made a comment like “it could be worse. The president could have tried to kill – he didn’t say kill – the president could have tried to strangle you on January 6.”
Hutchinson acknowledged that Ornato did not specify he was referring to the incident on January 6 but she said, “I assumed from the context of our phone call and from the conversations that we had had while still at the White House that he was referencing that incident. I have no reason to believe that he was referencing any other incident.”
In June, Hutchinson publicly testified that Ornato told her about an altercation between the former president and the head of his Secret Service detail when he was told he could not go to the Capitol on January 6.
The committee wrote in its report summary, which was released Monday, that they were unable to get Ornato to corroborate Hutchinson’s testimony about the alleged altercation in the presidential SUV.
The committee summary said both Hutchinson and a White House employee testified to the committee about the Ornato conversation. But “Ornato professed that he did not recall either communication, and that he had no knowledge at all about the president’s anger.”
The committee also released six more interview transcripts Thursday night, shedding new light on their closed-door sessions with key witnesses.
In one transcript, Sarah Matthews, a former White House deputy press secretary, told the committee that Trump tried to get then-White House press secretary Kayleigh McEnany to hold briefings about supposed fraud tied to Dominion voting machines – but McEnany refused.
“She felt uncomfortable promoting the Dominion conspiracy theory, and that the president had asked her to talk about that during interviews” Matthews told committee investigators. “He did request her to do briefings on it as well, but we did not.”
Matthews added that Trump encouraged McEnany to also put forward these conspiracy theories on cable news hits, which she said made McEnany uncomfortable and led to her attempting to avoid Trump after the election.
Matthews testified publicly over the summer about how Trump’s conduct on January 6 led her to resign by the end of that day.
“I understand that the president needs to use every bit of power he has as an executive to find a way or ask for an extension,” the West Virginia senator told CBS News’ Margaret Brennan on “Face the Nation.”
“The president can basically, I think, ask for that extension. I think his administration is doing that or will do that. I sure hope they do. But we need an extension until we can get a viable answer for this,” Manchin said.
Title 42 – which has been heavily criticized by public health experts and immigrant advocates – has largely barred asylum at the US-Mexico border, marking an unprecedented departure from traditional protocol.
But while its origins were in the Trump administration, Title 42 has become a key tool for the Biden White House as it faces mass migration in the Western Hemisphere.
A federal appeals court on Friday rejected a bid by several Republican-led states to keep Title 42 in force, after a district court struck the controversial border policy down. The Biden administration is set to stop enforcing the rule Wednesday, though the GOP-led states had previously indicated that they’d seek the intervention of the Supreme Court should the appeals court rule against them.
The states argued in the case that allowing Title 42 to terminate would “cause an enormous disaster at the border” and that a big jump in the number of migrants “will necessarily increase the States’ law enforcement, education, and healthcare costs.”
In an interview on ABC’s “This Week” that aired Sunday, Republican Gov. Greg Abbott of Texas said migrants coming across the border untested for Covid-19 or any other illness pose a “public health risk” to the United States.
“Whether it’s Covid or some other issue, when you have people coming from across the globe, without knowing at all what their health status is, that almost by definition – is a public health risk,” Abbott said, while speaking about the end of Title 42. “There’s every reason to keep that in place.”
On Saturday, Mayor Oscar Leeser of El Paso, Texas, declared a state of emergency in response to the surge in migrants arriving in the community in recent days.
“If the courts do not intervene and put a halt to the removal of title 42, it’s going to be total chaos,” Abbott said.
Biden administration officials have been bracing for an influx of migrants when the authority lifts. The Department of Homeland Security’s six-pillar plan for the scheduled end of Title 42 includes surging resources to the border, increasing processing efficiency, imposing consequences for unlawful entry, bolstering nonprofit capacity, targeting smugglers and working with international partners.
Keisha Lance Bottoms, the White House senior adviser for public engagement, on Sunday defended the administration’s preparedness to deal with any influx at the southern border, telling CBS News, “What we are seeing happening is that many people are taking advantage of the fact that Title 42 may go away.”
“This week, we see many people exploiting migrants, saying, ‘Come now or you lose your ability to come at all.’ And that’s simply not the case,” she said on “Face the Nation.”
Lance Bottoms called on Congress to act on comprehensive immigration reform – something unlikely to happen before Title 42 is lifted or in the next Congress when Republicans will control the House.
Bottoms would not foreshadow what executive actions Biden could take, in lieu of any larger action from Congress.
Democratic Sen. Alex Padilla of California said Sunday the federal government should focus on funding humanitarian assistance upon the lifting of Title 42.
“The state of California is a prime example. More than a billion dollars of state funds going into humanity assistance for asylum seekers when they come to the United States. While they wait for their hearing, do they deserve some basic food and shelter and health screening? Absolutely. Frankly, the federal government should be investing more in that humane treatment of asylum seekers,” Padilla said on ABC’s “This Week.”
But Manchin stressed Sunday that “we have a crisis at the border. Everyone can see that. I think everyone realizes that something has to be done. [Title] 42 needs to be extended until we can get a really, truly immigration reform.”
The Atlanta-area special grand jury has largely finished hearing witness testimony and has already begun writing its final report, the sources said, an indication that prosecutors will soon be deciding whether to seek criminal charges and against whom.
In Georgia, special grand juries are not authorized to issue indictments. The final report serves as a mechanism for the panel to recommend whether Fulton County District Attorney Fani Willis should pursue indictments in her election interference investigation. Willis could then go to a regularly empaneled grand jury to seek indictments.
“It’s a significant step, it’s the culmination of work by prosecutors and the special grand jury. But it shouldn’t be taken as any kind of guarantee of a conviction down the road,” said Michael J. Moore, former US attorney for the Middle District of Georgia. “It’s just the beginning.”
Prosecutors had hoped to move ahead with indictments as early as December, sources previously told CNN. But court fights for testimony from high-profile witnesses, such as South Carolina Sen. Lindsey Graham, former Trump national security adviser Michael Flynn and former Trump White House chief of staff Mark Meadows – all of whom were ordered to testify before the special grand jury – have likely shifted indictments to 2023, according to a person familiar with the situation.
Willis has already informed Rudy Giuliani and 16 Republicans who served as pro-Trump fake electors in the state that they are targets of her investigation. She has also been scrutinizing Trump and other top lieutenants, including Meadows.
The next phase in the Georgia investigation comes at a politically and legally perilous time for Trump. His nascent 2024 presidential campaign is off to a sputtering start, and he is under Justice Department scrutiny both for his handling of classified government documents after leaving the White House and for his activities surrounding the January 6, 2021, attack on the US Capitol and efforts to upend the 2020 election results. Federal investigators are also scrutinizing several Trump associates who were involved in the unsuccessful effort to overturn the presidential election.
Some outside legal experts have cautioned, though, that any case against Trump would be far from a slam dunk.
When there’s a public case, “the games begin. It will be fought in the court of law and the court of public opinion,” Moore said.
If prosecutors hope to bring a successful case against Trump or his allies, they will have to prove that their activities extended well beyond the usual efforts to win an election and veered into criminal territory.
“I just think when you’re taking on a political figure like this, it’s a tougher case,” Moore said. “Every candidate wants to win, every candidate does everything they can to win, and they explore every option.”
Willis has already spent more than a year digging into Trump and his associates, kicking off her investigation in early 2021, soon after a January call became public in which Trump pressured Georgia Secretary of State Brad Raffensperger to “find” the votes necessary for Trump to win the Peach State in the presidential election.
Trump lost to Joe Biden in Georgia by nearly 12,000 votes in 2020. The former president has insisted that there was nothing problematic about his activities contesting the 2020 election in Georgia and has referred to his call with Raffensperger as a “perfect” phone call.
Willis’ investigation has long since expanded beyond the call to encompass false election fraud claims made to state lawmakers; the fake elector scheme; efforts by unauthorized individuals to access voting machines in one Georgia county; and threats and harassment against election workers.
The special grand jury – made up of 23 jurors and three alternates – was seated in May 2022, with the power to subpoena witnesses and documents and otherwise investigate the effort to subvert Georgia’s presidential election results. The panel is authorized to continue its work until May 2023, but Willis has signaled for months that she hoped to conclude the grand jury’s investigative work well before then.
A spokesman for the district attorney’s office declined to comment. A Trump spokesman did not respond to a request for comment.
The strong turnout in Georgia’s runoff election that cemented Democrats’ control of the US Senate is sparking fresh debate about the impact of the state’s controversial 2021 election law and could trigger a new round of election rule changes next year in the Republican-led state legislature.
Voters showed up in droves for the midterms, with more than 3.5 million casting ballots in the December 6 runoff – or some 90% of the general election turnout, a far higher rate than typical runoffs. And top Republicans in Georgia, including Secretary of State Brad Raffensperger, argued those numbers refute claims that the 2021 law was designed to suppress votes in this increasingly competitive state.
“There’s no truth to voter suppression,” Raffensperger said in an interview this week with CNN’s Kaitlan Collins, a day after Democratic Sen. Raphael Warnock secured reelection in the first federal election cycle since Georgia voting law took effect.
Georgia Democrats and voting rights groups, however, continue to criticize the 2021 law – enacted in the wake of Democratic gains two years ago – as erecting multiple barriers to voting. And the surging turnout, they said, masked extraordinary efforts by voters and activists to overcome both new and longstanding obstacles to the franchise in this once deep-red state.
“Just because people endured long lines that wrapped around buildings, some blocks long … doesn’t mean that voter suppression does not exist,” Warnock said during his victory speech Tuesday – echoing a theme he made repeatedly on the campaign trail. “It simply means that you, the people, have decided that your voices will not be silenced.”
Warnock’s victory Tuesday solidified Georgia’s standing as a battleground state and comes after Warnock and fellow Democratic Sen. Jon Ossoff won runoffs in the 2020 election cycle. In that election, President Joe Biden became the first Democratic presidential nominee to win the Peach State in nearly three decades.
Voting rights activists said the 2021 law made it harder to cast a ballot in myriad ways: It limited the number and location of ballot drop boxes, instituted new ID requirements to vote by mail and shortened the window for a runoff from the nine weeks in the 2020 election to four weeks, contributing to long lines during the early voting period.
Additionally, the voter registration deadline fell on November 7 – the day before the general election and before Georgians knew for certain that the contest would advance to a runoff because neither Warnock nor his Republican challenger Herschel Walker had surpassed the 50% threshold to win outright in the general election.
In the 2020 election cycle, at least 23,000 people who registered after Election Day went on to vote in the Senate runoff in January 2021, according to an analysis of Georgia’s Secretary of State data by Catalist, a company that provides data, analytics and other services to Democrats, academics and nonprofit issue-advocacy organizations.
And only an 11th hour court victory for Warnock and Democrats paved the way for counties to hold early in-person voting on the Saturday after Thanksgiving. State election officials had opposed casting ballots on that date, saying Georgia law prohibited voting on a Saturday if there is a state holiday on the Thursday or Friday before.
“It’s death by a thousand cuts,” Kendra Cotton, CEO of the voting rights group New Georgia Project Action Fund, said of the new restrictions. “They are not trying to hit the jugular, so you bleed out at once. It’s these little nicks, so you slowly become anemic before you pass out.”
“It’s a margins game,” she added. “I wish folks would stop acting like the purpose of SB202 was to disenfranchise the masses. Joe Biden won this state by a little less than 12,000 votes. I can guarantee you that there are more than 12,000 people across this state who were eligible to vote in this election and they could not.”
Even Cotton’s 21-year-old daughter, Jarah Cotton, became ensnared.
The younger Cotton, a Harvard University senior, said she had planned to vote absentee in November’s general election – but misunderstood a new requirement of Georgia’s law: that she print out her online application for absentee ballot, sign it “with a pen and ink” and then upload it.
In the runoff, Jarah Cotton said she successfully completed her application for an absentee ballot but did not receive it before she returned home to Powder Springs, Georgia, for the Thanksgiving holiday.
The court ruling permitting voting the Saturday after Thanksgiving allowed her to cast an in-person ballot in the runoff – but only after her family paid $180 to delay her return flight to Boston by a day.
“I don’t think it should be this hard,” Jarah Cotton said of her experience. “It should be more straightforward, but I think that’s reflective of the voting process in Georgia.”
Gabriel Sterling, the chief operating officer in the secretary of state’s office, said too many critics of the state’s voting process are comparing the 2022 election with the ease of voting during the height of the pandemic in the 2020 election cycle when election officials across the state “moved heaven and earth” to guarantee the franchise.
That so many people voted in a four-week runoff shows “the system works really well,” he told CNN in an interview Friday. “The problem now is that it that is has become so politicized. I’ve been saying now, for 24 months, that both sides have to stop weaponizing election administration.”
Voting rights activists say the state’s runoff system, first enacted in 1964, itself is a vestige of voter-suppression efforts from the state’s dark past. Its original sponsor sought to guarantee that candidates backed by Black Georgians could not win outright with a plurality of the vote.
Most states decide general election winners based on which candidate gets the most votes, unlike Georgia, where candidates must win more than 50% of the votes cast to avoid a runoff.
Runoffs also are costly affairs.
A recent study by researchers at Kennesaw State University estimated that the Senate runoffs in the 2020 election cycle had a $75 million price tag for taxpayers.
In the CNN interview earlier this week, Raffensperger suggested that the Republican-controlled General Assembly might revisit some of the state’s election rules, including potentially lowering to 45% the threshold needed to win a general election outright.
He also said he wanted to work with counties to guarantee more polling places are available to ease the long lines voters endured during the early voting window in the runoff.
And Raffensperger said lawmakers might weigh a ranked-choice instant runoff system. In so-called instant runoffs, voters rank candidates by order of preference. If one candidate doesn’t receive more than 50% of the vote, voters’ second choices would be used to determine the winner, without the need to hold a second election.
Given the shortened runoff schedule in Georgia, state lawmakers instituted the instant runoff for a narrow slice of voters – those in the military and overseas – in this year’s midterms.
“There will be a push for this in the upcoming legislative session,” said Daniel Baggerman, president of Better Ballot Georgia, a group advocating for the instant runoff.
“It’s asking a lot from voters” to show up again for a runoff “when there’s a simple way that achieves the same outcome,” he said.
Sterling agreed that there “needs to be a discussion about general election runoffs,” but he said he worries that moving to an instant runoff system risks disenfranchising a wide swath of Georgians who might not understand the process without “a tremendous amount of voter education.”