Tag: Protests and demonstrations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This story has been updated with additional information.

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April 12, 2021
Pro-Chinese online influence campaign promoted protests in Washington, researchers say | CNN Politics

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A Chinese marketing firm likely organized and promoted protests in Washington last year as part of a wide-ranging pro-Beijing influence campaign, according to new research.

The Chinese firm also used a network of over 70 fake news websites to promote pro-China content in an example of the more aggressive efforts by pro-China operatives to influence US political debate in recent years, according to security firm Mandiant, which analyzed the activity.

One of the protests was against a US government ban on goods produced in China’s Xinjiang region, where US officials have accused the Chinese government of systematic repression of the Uyghurs. The other protest was on the sidelines of a June conference on international religious freedom, Mandiant said.

One of the protests only attracted roughly a dozen people but it showed the scope and ambition of the pro-China efforts.

The hired protesters, who included self-proclaimed musicians and actors in the Washington, DC, area, apparently had no idea they were being enlisted in a pro-China influence campaign, the Mandiant researchers said.

The campaign backed by the Chinese firm, Shanghai Haixun Technology Co., Ltd., is “intended to sow discord in US society,” Ryan Serabian, a senior analyst at Mandiant, told CNN.

In both cases, protesters carry placards and chant slogans about racial discrimination and abortion in the US. Haixun, the Chinese firm, distributed videos of the protesters online to further the influence campaign, according to Mandiant.

Shanghai Haixun Technology did not respond to a request for comment.

Liu Pengyu, a spokesperson for the Chinese Embassy in Washington, said he was unaware of the details of the research. “China has always adhered to non-interference in other countries’ internal affairs,” Liu said in an email to CNN.

The Washington Post first reported on the Mandiant research.

In the runup to the 2016 US presidential elections, Russian operatives used social media to organize protests on American soil as part of Moscow’s election interference, according to US intelligence officials. Such divisive tactics are no longer confined to the Russians, according to election security experts.

During the 2022 US midterm elections, pro-China propagandists showed signs of engaging in “Russia-style influence activities” that stoke American divisions, FBI officials told reporters last year. The FBI pointed to Facebook’s shutdown of accounts originating in China that posted memes mocking President Joe Biden and Republican Sen. Marco Rubio of Florida.

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April 12, 2021
Exclusive: McConnell details GOP efforts to not ‘screw this up’ in 2024 Senate battle | CNN Politics

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Senate GOP Leader Mitch McConnell should be brimming with confidence.

Republicans are in the driver’s seat to take the Senate majority: with 23 seats held by Democrats, compared to just 11 for Republicans. There are likely just two GOP incumbents whose seats Democrats may try to flip – and both are in Republican terrain – while three Democrats hail from states that former President Donald Trump easily won in 2020.

The Kentucky Republican just scored a prized recruit in West Virginia and expects two other top candidates to jump into races in Montana and Pennsylvania. And after tangling last cycle with Florida Sen. Rick Scott, his last chairman of the Senate GOP’s campaign arm, he is now in line over strategy and tactics with the committee’s new chairman, Montana Sen. Steve Daines.

But in an exclusive interview with CNN, McConnell made clear he knows full well that things can quickly go south. So he’s been working behind the scenes for months to find his preferred candidates in key races – including during his recent recovery from a concussion and a broken rib – in an attempt to prevent a repeat of 2022: When a highly favorable GOP landscape turned into a Republican collapse at the polls and a 51-49 Senate Democratic majority.

“No, no – I’m not,” McConnell said with a chuckle when asked if he were confident they’d take back the majority next year. “I just spent 10 minutes explaining to you how we could screw this up, and we’re working very hard to not let that happen. Let’s put it that way.”

In the interview, McConnell gave his most revealing assessment in months of the field forming in the battle for the Senate. He said that his main focus for now is on flipping four states: Montana, West Virginia, Ohio and Pennsylvania. He said Republicans are still assessing two swing states with Democratic incumbents: Wisconsin, where the GOP is searching for a top-tier candidate, and Nevada, where he expects to likely wait until after next year’s primary to decide whether to invest resources there.

And in what is emerging as the most complicated state of the cycle – Arizona – McConnell said there’s a “high likelihood” that Republican leaders would wait and see first who wins the GOP primary next year before deciding whether to engage there at all. Plus he doesn’t see any chance that Sen. Kyrsten Sinema – who became an independent and left the Democratic Party last December but is still weighing a reelection bid – will join his conference.

“I think that decision was made when she ended up continuing to caucus with the Democrats,” McConnell said when asked if trying to get Sinema to flip to the GOP was a live discussion. “We would love to have had her, but we didn’t land her.”

While he knows the presidential race could scramble the map, he believes a potential Trump nomination could bolster Republican chances in three key Senate battlegrounds. But above all else, McConnell is making clear that his outside group, the Senate Leadership Fund, along with the National Republican Senatorial Committee, are prepared to take a much heavier hand in contested Republican primaries than the past cycle, a move that could escalate their intraparty feuding but one the GOP leader sees as essential to avoiding the pitfalls from 2022.

“We don’t have an ideological litmus test,” McConnell said flatly. “We want to win in November.”

“We’ll be involved in any primary where that seems to be necessary to get a high-quality candidate, and we’ll be involved in every general election where we have a legitimate shot of winning – regardless of the philosophy of the nominee,” the Kentucky Republican said.

But McConnell and Republican leaders are treading carefully in deciding which primary races to engage in, since trying to tip the scales could generate backlash from the conservative base and help far-right candidates – something GOP leaders learned in past election cycles, like the tea party wave of 2010.

In the 2022 cycle, Republicans also seemed to have the wind in their sails. With inflation running rampant and President Joe Biden’s poll numbers taking a nosedive, Republicans had several paths to the majority.

But Democratic incumbents hung onto their seats as they campaigned on issues like abortion rights and took advantage of Trump’s late emergence on the campaign trail, while several GOP candidates who won messy primaries turned out to be weak general-election candidates. McConnell’s allies worked in the Missouri and Alabama primaries to defeat GOP candidates they viewed as problematic but largely steered clear of a number of other contested primaries.

Part of the issue: Trump hand-selected candidates in key races, bolstering their chances in primaries even though they were vulnerable in general elections.

“In other places where we did not get involved in the primaries it was because we were convinced we could not prevail, and would spend a lot of money that we would need later,” McConnell said, reflecting on 2022.

Plus, in the last cycle, Scott’s NRSC made the strategic decision to steer clear of primaries, arguing they would let the voters choose their candidates without a heavy hand from Washington. (Scott and his allies later blamed McConnell for hurting their candidates by not embracing an election-year agenda.)

This time around, the Daines-led NRSC is heavily involved in candidate recruiting and vetting and has already signaled its support for certain GOP candidates in Indiana and West Virginia, aligning its efforts with McConnell’s.

“I think it’s important to go into this cycle understanding once again how hard it is to beat the incumbents, no incumbent lost last year,” McConnell told CNN on Friday. “Having said that, if you were looking for a good map, this is a good map.”

But he later added: “We do have the possibility of screwing this up and that gets back to candidate recruitment. I think that we lost Georgia, Arizona and New Hampshire because we didn’t have competitive candidates (last cycle). And Steve Daines and I are in exactly the same place – that starts with candidate quality.”

McConnell, who has faced incessant attacks from Trump after he blamed the former president for being “practically and morally responsible” for the 2021 Capitol attack, is not publicly letting on any concerns about the possibility that Trump could be on the top of the GOP ticket again.

As Daines has already backed Trump for president, McConnell didn’t answer directly when asked if he’d be comfortable with him as the party’s 2024 presidential nominee.

“Look, I’m going to support the nominee of our party for president, no matter who that may be,” he said.

McConnell believes that Trump at the top of the ticket could help in some key states with Senate races.

“Whether you are a Trump fan or a Trump opponent, I can’t imagine Trump if he’s the nominee not doing well in West Virginia, Montana and Ohio,” McConnell said.

Left unmentioned: Wisconsin, Michigan, Nevada, Arizona and Pennsylvania, all of which Trump lost in 2020 but are key parts of the Senate map in 2024.

“I didn’t mention Wisconsin; I think clearly you’d have to have an outstanding candidate. And I think there are some other places where with the right candidate, we might be able to compete – in Nevada, Arizona,” McConnell said. “But as of right now the day that you and I are talking, I think we know that we are going to compete in four places heavily, and that would be, Montana, West Virginia, Ohio and Pennsylvania.”

Yet each of those have their own challenges for the GOP.

In Pennsylvania, McConnell and the NRSC have their eyes on David McCormick, the hedge fund executive who barely lost his primary last cycle to Mehmet Oz, the Trump-backed TV doctor who later fell short in the general election to Democrat John Fetterman.

While McCormick is widely expected to run for the seat occupied by Democratic Sen. Bob Casey, he could face a complicated primary if the controversial candidate, Doug Mastriano, runs as well. Mastriano, who won the Trump endorsement in the 2022 gubernatorial primary and later lost by double digits in the fall, is weighing a run for Senate. But McConnell and the NRSC are expected to go all-out for McCormick, whom the GOP leader called a “high-quality candidate.”

Asked if he were concerned about a potential Mastriano bid, McConnell said: “I think everybody is entitled to run. I’m confident the vast majority of people who met Dave McCormick are going to be fine with him.”

While the GOP field in Ohio to take on Democratic Sen. Sherrod Brown is expected to be crowded and has yet to fully form, top Republicans are signaling they’d be comfortable with several of them as their nominee. But that’s not necessarily the case in Montana or West Virginia.

In Montana, Rep. Matt Rosendale, a member of the hard-right House Freedom Caucus who lost to Democratic Sen. Jon Tester in 2018, is considering another run against him in 2024, though Rosendale posted a low fundraising number last quarter. But Senate GOP leaders are looking at some other prospective candidates, including state attorney general Austin Knudsen and, in particular, businessman Tim Sheehy, whom McConnell met with in recent weeks.

Asked if he were concerned about a Rosendale candidacy, McConnell said: “Yeah, I don’t have anything further to say about Montana. We’re going to compete in Montana and win in November.”

And in West Virginia, McConnell and top Republicans landed Gov. Jim Justice in the battle for the seat occupied by Democratic Sen. Joe Manchin, who has yet to decide whether to run again. But Justice is already facing a primary challenge against Rep. Alex Mooney, who is backed by the political arm of the anti-tax group, the Club for Growth.

McConnell didn’t express any concerns about Mooney’s candidacy but said that they wouldn’t hesitate to help Justice.

“What we do know about West Virginia is it’s very, very red, and we have an extremely popular incumbent governor who’s announced for the Senate. And we’re going to go all out to win it,” McConnell said.

McConnell pointedly declined to discuss any concerns about other controversial candidates who may emerge this cycle, including Kari Lake, who is weighing a US Senate run in Arizona after losing her bid for governor last year and then later claimed the election was stolen. Blake Masters, who lost his bid to unseat Democratic Sen. Mark Kelly, is also among the candidates considering another run.

Asked about Lake and other prospective GOP candidates who deny the 2020 election results, McConnell wouldn’t weigh in directly.

“What I care about in November is winning and having an ‘R’ by your name, and I think it is way too early to start assessing various candidacies that may or may not materialize,” McConnell said.

McConnell also indicated they may want to until after the primary to decide if Nevada is worth pouring their money into, even as GOP sources say that national Republicans are recruiting military veteran Sam Brown, who fell short in the Senate GOP primary last cycle.

The GOP leader is signaling he has little concern about the races of two GOP incumbents – Scott in Florida and Ted Cruz of Texas, even as Cruz is facing a Democratic recruit, Rep. Colin Allred who is poised to raise big sums of money.

“Both of them are very skilled,” McConnell said of Cruz and Scott, characterizing Democratic efforts to beat them as “really long shots.” Democrats, he argued, “don’t have much hope there. I don’t think they have any opportunities for offense” in 2024, he said.

How long the 81-year-old McConnell – the longest-serving Senate party leader in history – plans to keep his job is a lingering question as well, especially in the aftermath of his recent fall that sent him to the hospital for concussion treatment. After Scott failed to knock him off from his post after the 2022 midterms, McConnell said, “I’m not going anywhere.” And he told CNN last fall that he would “certainly” complete his term, which ends in January 2027.

Asked on Friday if he still plans to serve his full term or run for leader again, McConnell let out a laugh and didn’t want to engage on it.

“I thought this was not an interview about my future,” he said. “I thought it was an interview about the 2024 Senate elections.”

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April 12, 2021
Jessica Watkins: Oath Keepers member and Army veteran sentenced to 8.5 years in prison for January 6 | CNN Politics

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This story has been updated with additional developments.

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April 12, 2021