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Tag: us capitol insurrection

  • Pence to fight subpoena on separation of powers grounds because he was president of Senate | CNN Politics

    Pence to fight subpoena on separation of powers grounds because he was president of Senate | CNN Politics

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    CNN
     — 

    Former Vice President Mike Pence is expected to fight a recent subpoena from the special counsel based on the grounds that he was president of the Senate at the time and therefore shielded from the order, sources familiar with the matter tell CNN.

    Pence is expected to address the subpoena and his response to it during a trip to Iowa on Wednesday, according to a source familiar with his plans.

    Pence has been subpoenaed by the special counsel investigating former President Donald Trump and his role in January 6, 2021, a source familiar with the matter told CNN. Special counsel Jack Smith’s office is seeking documents and testimony, the source said. Investigators want the former vice president to testify about his interactions with Trump leading up to the 2020 election and the day of the attack on the US Capitol.

    The subpoena marks an important milestone in the Justice Department’s two-year criminal investigation, now led by the special counsel, into the efforts by Trump and allies to impede the transfer of power after he lost the 2020 election. Pence is an important witness who has detailed in a memoir some of his interactions with Trump in the weeks after the election, a move that likely opens the door for the Justice Department to override at least some of Trump’s claims of executive privilege.

    This story has been updated with additional details.

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    February 14, 2023
  • Washington Post: Trump campaign commissioned research that failed to prove 2020 election fraud claims | CNN Politics

    Washington Post: Trump campaign commissioned research that failed to prove 2020 election fraud claims | CNN Politics

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    CNN
     — 

    A research firm commissioned by former President Donald Trump’s 2020 campaign team to prove his electoral fraud claims instead failed to substantiate his theories, the Washington Post reported Saturday.

    The Berkeley Research Group was commissioned to look into voting data from six states, according to the Post, and a source told the publication that the campaign team wanted about a dozen claims tested. People familiar with the matter told the publication that the findings did not match what the team had hoped for, and the findings were never released.

    While some anomalies and “unusual data patterns” were found, the Post reported, they wouldn’t have made a difference to President Joe Biden’s victory.

    The firm’s findings also refuted some of Trump’s voting conspiracies, including the identities of dead people used to vote and Dominion voting systems used to manipulate the outcome, the paper reported.

    The research was conducted in the last weeks of 2020 and before the January 6 US Capitol attack, according to the Post. Two sources told CNN that the House January 6 committee looking into the role Trump played in inciting the insurrection did not know about the firm’s work.
    Trump has continued to repeat his election lies as he focuses on his 2024 White House bid.

    CNN previously reported that following two years of advice from allies and advisers to stop exhaustively relitigating the 2020 election, his first rally late last month showed an attempted forward-driven message of what he would aim to accomplish with a second term.

    The former president has often pushed back on that advice, arguing that his message is strong enough as it is, and one source close to him told CNN his proclivity for focusing on the 2020 election will be tough to break because he still regularly hears from members of his base who believe so-called election integrity is an important talking point as he seeks reelection.

    Another adviser said that despite the defeat of several Trump-backed midterm candidates who denied the legitimacy of the 2020 election, Trump has said he does not believe their losses were tied to their election lies.

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    February 11, 2023
  • Second Trump attorney met with Mar-A-Lago probe grand jury in recent weeks | CNN Politics

    Second Trump attorney met with Mar-A-Lago probe grand jury in recent weeks | CNN Politics

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    CNN
     — 

    Trump attorney Christina Bobb appeared before a federal grand jury in Washington, DC, in recent weeks in connection with the investigation into former President Donald Trump’s handling of classified documents, two sources have told CNN.

    Bobb’s appearance marks the second Trump lawyer involved with Trump’s handling of government documents to meet with the grand jury recently. CNN reported that Trump attorney Evan Corcoran appeared before the grand jury last month.

    The Wall Street Journal first reported Bobb’s appearance.

    The disclosure of the testimony by the Trump lawyers comes amid a steady drip of recent moves by special counsel Jack Smith to obtain grand jury testimony from very close contacts of the former president, in many cases about what Trump was told and what he said at the end of his presidency and afterward.

    It also comes amid an escalation of activity in Smith’s other Trump probe, looking into the attack on the US Capitol on January 6, 2021, and efforts to impede the transfer of power following the 2020 election.

    Smith issued a subpoena in that investigation to former Vice President Mike Pence in recent days, seeking documents and testimony. Trump’s former national security adviser Robert O’Brien also received a subpoena, as CNN first reported.

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    February 11, 2023
  • Pence subpoenaed by special counsel investigating Trump | CNN Politics

    Pence subpoenaed by special counsel investigating Trump | CNN Politics

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    CNN
     — 

    Former Vice President Mike Pence has been subpoenaed by the special counsel investigating Donald Trump and his role in January 6, 2021, a source familiar with the matter told CNN.

    Special counsel Jack Smith’s office is seeking documents and testimony related to January 6, the source said. They want the former vice president to testify about his interactions with Trump leading up to the 2020 election and the day of the attack on the US Capitol.

    The subpoena marks an important milestone in the Justice Department’s two-year criminal investigation, now led by the special counsel, into the efforts by Trump and allies to impede the transfer of power after he lost the 2020 election. Pence is an important witness who has detailed in a memoir some of his interactions with Trump in the weeks after the election, a move that likely opens the door for the Justice Department to override at least some of Trump’s claims of executive privilege.

    Pence’s attorney Emmet Flood is known as a hawk on executive privilege, and people familiar with the discussions have said Pence was expected to claim at least some limits on providing details of his direct conversations with Trump. Depending on his responses, prosecutors have the option to ask a judge to compel him to answer additional questions and override Trump’s executive privilege claims.

    ABC News first reported on the subpoena.

    Pence’s office declined to confirm he had been subpoenaed. A spokesman for the special counsel declined to comment to CNN on the matter.

    Months of negotiations preceded the subpoena to the former vice president, CNN has reported.

    Justice Department prosecutors had reached out to Pence’s representatives to seek his testimony in the criminal investigation, according to people familiar with the matter. Pence’s team had indicated he was open to discussing a possible agreement with DOJ to provide some testimony, one person said.

    That request occurred before the department appointed Smith to oversee two Trump-related investigations, the January 6-related probe and another into alleged mishandling of classified materials found at the former president’s Mar-a-Lago residence.

    In November, Pence published his memoir that detailed some of his interactions with Trump as the former president sought to overturn the results of his election loss to President Joe Biden. Pence and his team knew that the book’s publication would raise the prospect that the Justice Department would likely seek information about those interactions as part of its criminal investigation, people briefed on the matter told CNN.

    Pence rebuffed an interview request from the House select committee that investigated the January 6 insurrection, but allowed top aides to provide testimony in the House’s probe, as well as in the Justice Department’s criminal investigation. The DOJ successfully secured answers from top Pence advisers Greg Jacob and Marc Short in significant court victories that could make it more likely the criminal investigation reaches further into Trump’s inner circle.

    There are no plans for Trump’s team to challenge the grand jury subpoena of Pence at this time, according to a source familiar with its thinking. But it would still be possible for Trump to attempt to assert executive privilege over some conversations they had, if Pence declines to detail those conversations to the grand jury.

    So far, Trump’s team has lost those challenges when Pence’s deputies and two White House counsel’s office attorneys testified, following Chief Judge Beryl Howell’s rulings that they must answer questions they initially refused to because of confidentiality around the presidency.

    Howell’s tenure as chief judge of the DC District Court ends in mid-March, meaning a different federal judge, James Boasberg, could be the one to field privilege disputes in the continuing grand jury investigation.

    CNN reported earlier Thursday that Smith had also subpoenaed former Trump national security adviser Robert O’Brien in both of the Trump-related probes, according to a source familiar with the matter. O’Brien has been asserting executive privilege in declining to provide some of the information that prosecutors are seeking from him, the source said.

    Trump’s former acting Department of Homeland Security secretary was separately interviewed by Justice Department lawyers in recent weeks as part of the probe into 2020 election interference, according to two sources familiar with the matter.

    Rather than appearing before a federal grand jury, former acting secretary Chad Wolf was interviewed under oath by Justice Department lawyers and FBI officials, something one of the sources characterized as a “standard” first step for prosecutors.

    This story has been updated with additional details.

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    February 10, 2023
  • First on CNN: Trump’s former national security adviser subpoenaed in special counsel probes of classified documents, January 6 | CNN Politics

    First on CNN: Trump’s former national security adviser subpoenaed in special counsel probes of classified documents, January 6 | CNN Politics

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    CNN
     — 

    Former national security adviser Robert O’Brien has been subpoenaed by special counsel Jack Smith in both his investigation into classified documents found at former President Donald Trump’s Mar-a-Lago residence and the probe related to efforts to overturn the 2020 election, according to a source familiar with the matter.

    O’Brien has been asserting executive privilege in declining to provide some of the information that prosecutors are seeking from him, the source said.

    CNN has reached out to O’Brien for comment.

    O’Brien considered resigning from his post over Trump’s response to the violence on January 6, 2021, but ultimately decided to remain in the job, CNN previously reported. The National Security Council should have been involved in the handling of classified documents at end of the Trump presidency, and O’Brien may have knowledge of how those records ended up at Mar-a-Lago.

    Separately, Trump’s former acting Department of Homeland Security Secretary Chad Wolf was interviewed by Justice Department lawyers in recent weeks as part of the ongoing special counsel investigation related to 2020 election interference, according to two sources familiar with the matter.

    Rather than appearing before a federal grand jury, Wolf was interviewed under oath by Justice Department lawyers and FBI officials, something one of the sources characterized as a “standard” first step for prosecutors.

    Wolf declined to comment on his recent interview with federal investigators, which was first reported by Bloomberg. A spokesman for Smith also declined to comment.

    The interview comes after Wolf’s former deputy, Ken Cuccinelli, testified last month before a federal grand jury as part of Smith’s election interference probe. When Cuccinelli was asked at the time whether privilege claims arose, he said: “They did, and I didn’t say anything.”

    O’Brien, Wolf and Cuccinelli were previously interviewed by the House select committee that investigated the January 6 insurrection.

    For the time being, Smith has not sought testimony from a handful of other potentially relevant Trump administration officials, including former Secretary of Defense Christopher Miller or former Director of National Intelligence John Ratcliffe, two other sources tell CNN.

    In the days after the January 6 attack, Wolf urged Trump and all elected officials to condemn the violence on Capitol Hill, calling what transpired “tragic and sickening.”

    “While I have consistently condemned political violence on both sides of the aisle, specifically violence directed at law enforcement, we now see some supporters of the President using violence as a means to achieve political ends,” Wolf said at the time. “This is unacceptable.”

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    February 9, 2023
  • New GOP-led panel to hold first public hearing Thursday on alleged ‘weaponization’ of federal government | CNN Politics

    New GOP-led panel to hold first public hearing Thursday on alleged ‘weaponization’ of federal government | CNN Politics

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    CNN
     — 

    The GOP-led House committee on the alleged “weaponization” of the federal government kicks off Thursday with its first public hearing with a witness list that suggests Republicans on the committee will push a popular narrative among conservatives that has been disputed by federal officials.

    The hearing will be split into two sessions, featuring a swath of current and former lawmakers, former FBI officials and legal experts. They plan to discuss allegations of how the government has been weaponized against Republicans, as well as the general belief among some conservatives that federal officials and mainstream media have been working to silence the right.

    “We’re focused on the whole weaponization of government, and the idea that the government is not working for the American people,” subcommittee chairman Jim Jordan told CNN. “The government is supposed to protect the First Amendment, not have, as Mr. (Jonathan) Turley said, ‘censorship by surrogate,’” he said, referencing one of the witnesses slated for Thursday’s hearing who is a George Washington University Law Center professor.

    The Ohio Republican continued, “I’m sure those will be some of the things that will come up in the course of the hearing,” he added, referencing a line from one of the witnesses GOP members have called.

    Democrats on the panel, however, tell CNN they reject the premise of the weaponization subcommittee itself – and much of their time will be spent disputing GOP messaging.

    “We have an overall strategy, which is to debunk the misrepresentations that are sure to be coming from it,” said Rep. Dan Goldman, a freshman Democrat from New York. “My understanding is that Sens. Grassley and Johnson are going to speak, and I’m glad they are. I hope they talk about how they used their Senate committees to weaponize Russian propaganda and disinformation in 2020.”

    “I think our intention is to make sure that the American people are aware of the actual truth of the matter, and not whatever partisan misinformation that Republicans are going to peddle,” Goldman added.

    Rep. Jamie Raskin, the top Democrat on the House Oversight Committee, is being called as one of the Democrats’ witnesses. He told CNN that “one basic question is whether weaponization is the target of the committee or if weaponization is the purpose of the committee” – previewing a potential line of attack.

    In a new memo released Thursday ahead of the subcommittee’s first hearing, the White House called the subpanel a “Fox News reboot of the House Un-American Activities Committee” and “a political stunt that weaponizes Congress to carry out the priorities of extreme MAGA Republicans in Congress.”

    White House Oversight spokesman Ian Sams writes that the committee “plans to weaponize the MAGA agenda against their perceived political enemies” and is “choosing to make it their top priority to go down the rabbit hole of debunked conspiracy theories about a ‘deep state’ instead of taking a deep breath and deciding to work with the President and Democrats in Congress to improve Americans’ everyday lives.”

    The first panel of witnesses to testify before the committee include GOP Sens. Chuck Grassley of Iowa and Ron Johnson of Wisconsin, as well as former congresswoman from Hawaii and ex-Democrat Tulsi Gabbard.

    The lawmakers are only slated to deliver opening statements and are not expected to answer any questions while testifying, sources familiar with the committee’s plans tell CNN.

    Gabbard has regularly appeared on Fox News since leaving Congress and frequently uses the network to accuse the FBI and the Justice Department of targeting political opponents of the Biden administration.

    Grassley and Johnson have both previously attacked the Justice Department for how it has handled its investigation into Hunter Biden and its approach to addressing threats against school administrators.

    Grassley has also accused the Justice Department of seeking to criminalize the First Amendment right of parents to protest school policies. The Justice Department has denied doing so, pointing to a line in the memo acknowledging that “spirited debate about policy matters is protected under or Constitution.”

    The witnesses’ previous comments regarding the politization of the Biden Justice Department suggest that the committee plans to push a narrative that is popular among the right, but has been publicly disputed by the FBI. There is little public evidence supporting such claims, which Jordan says are backed up by unnamed whistleblowers. Some allegations have been debunked by fact-checkers or news reports, and Jordan has falsely claimed for years that there is an anti-GOP “deep state” within the FBI.

    Democrats, meanwhile, plan to showcase Raskin’s testimony, who is the top Democrat on the House Oversight Committee – which is investigating a series of polarizing issues such as Hunter Biden and the former and current presidents’ possession of classified documents. Raskin, a former member of the House select committee on the January 6, 2021, Capitol Hill insurrection, and a key fixture in both of former President Donald Trump’s impeachment trials, has been a crucial messenger for the left in pushing back against the GOP’s claims and controversial probes.

    The second panel of witnesses will feature former FBI special agents Nicole Parker and Thomas Baker, as well as Turley and the Raben Group’s Elliot Williams.

    Parker wrote an op-ed last month detailing how she left the bureau after over 10 years of service because she believed it became “politically weaponized.”

    Baker, meanwhile, published a book in December 2022 titled, “The Fall of the FBI: How a Once Great Agency Became a Threat to Democracy.”

    Turley was a prominent figure during Trump’s impeachment trials often referenced by the right.

    Williams, a CNN analyst, is appearing on behalf of the Democrats. Williams previously served as deputy assistant attorney general for legislative affairs at the Department of Justice, where worked to secure Senate confirmation for both Attorney General Loretta Lynch and Deputy Attorney General Sally Yates.

    Virginia Rep. Gerry Connolly, a Democratic member of the subcommittee, cast doubt on the effectiveness of Republicans’ strategy, telling CNN, “I fail to see what they think they’re going to accomplish by those kinds of witnesses. … I don’t know that that adds anything to their credibility or making their case. I’ll leave it at that.”

    But Democrats are also cognizant of one potential disadvantage ahead of Thursday’s hearing – the fact they have not yet met as a group while the Republicans have. Connolly told CNN that, given they were just named as member of the panel last week, they have not yet had the opportunity to begin preparing for the onslaught of investigations GOP members have planned.

    GOP subcommittee members told CNN the purpose of the first hearing is largely to outline the panel’s investigate plans in the months ahead, and set the stage for what viewers should anticipate from the weekly-hearings the committee is hoping to hold.

    “Chairman Jordan wants to introduce people to what the committee hopes to accomplish, and the scope of the problem. Having these senators speak with authority helps set it. They won’t be questioned as witnesses, but they are testifying as to their observations,” GOP Rep. Darrell Issa said.

    “I’m not sure we’re going to learn what we need to learn about what has happened inside government agencies in sufficient detail with these witnesses, but I think they can kind of cast the vision,” Republican subcommittee member Dan Bishop of North Carolina told CNN.

    Bishop said he hopes the work of this panel will pave the way for legislation to address what he claimed were agencies “going off rogue.”

    Jordan and House Judiciary Committee staff have met with series of whistleblowers behind closed doors this week for transcribed interviews regarding claims about the politicization of the Justice Department. The interviews will serve as the basis for much of the subcommittee’s probe, sources with direct knowledge of the interviews tell CNN.

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    February 9, 2023
  • Developments in Trump documents probe foretell a 2024 campaign clouded by legal tangles | CNN Politics

    Developments in Trump documents probe foretell a 2024 campaign clouded by legal tangles | CNN Politics

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    CNN
     — 

    There’s never been a presidential campaign like it.

    Donald Trump is taking every step of his bid for a third consecutive Republican nomination amid a darkening storm of legal uncertainty.

    The twice-impeached former president, who tried to steal an election and is accused of fomenting an insurrection, launched his first two-state campaign swing on Saturday as he seeks a stunning political comeback.

    Then on Monday, Trump’s potential exposure – in two of his multiple strands of legal peril – appeared to grow, foreshadowing a campaign likely to be repeatedly punctuated by distractions from criminal investigations.

    In a new twist to his classified material saga, CNN’s Kaitlan Collins and Katelyn Polantz reported that two people who found two classified documents in a Trump storage facility in Florida testified before a federal grand jury. Federal prosecutors are also pushing to look at files on a laptop of at least one staff member around Trump at Mar-a-Lago, CNN reported. The former president has not been charged with a crime, but these developments are the latest sign of an aggressive approach by special counsel Jack Smith in probing the matter. And it shows how a regular drumbeat of legal problems could detract from the former president’s attempts to inject energy into a so-far tepid campaign – especially given the multiple criminal threats he may face.

    On another front, The New York Times reported that a district attorney in Manhattan is presenting evidence to another grand jury probing Trump’s alleged role in paying hush money to adult film star Stormy Daniels. Last week, a district attorney in Georgia said decisions are imminent on charges related to Trump’s effort to overturn his 2020 election loss in the state. It is not known whether the ex-president is directly targeted by the investigation. This all comes as Smith is also probing Trump’s role in the US Capitol insurrection on January 6, 2021.

    The unique and extraordinary legal tangle surrounding Trump means that a third straight US election will be tainted by controversies that will drag the FBI and the Justice Department further into a political morass. (President Joe Biden is also facing a special counsel investigation over his handling of documents from his time as vice president, and former Vice President Mike Pence, who’s eying a 2024 bid, is under DOJ review for similar issues.) This follows the Hillary Clinton email flap in 2016 and investigations into the Trump campaign’s links with Russia during that White House bid, as well as Trump’s false claims of voter fraud in 2020.

    The fact that Trump is seeking the presidency again, under an extraordinary legal cloud, could have significant consequences for the wider 2024 campaign. Some of his potential Republican rivals, wary of trying to take him down, might hope that his legal troubles will do the job for them. Perceptions that Trump is caught in a web of criminal investigation might also further tarnish his personal political brand, which has already contributed to some Republican loses in national elections in 2018, 2020 and 2022.

    Still, Trump is a master of leveraging attempts to call him to account, legally and politically. He’s already built a central foundation of his new presidential quest around the idea that he’s being political persecuted by Justice Department investigations and what he claims are rogue Democratic prosecutors.

    “We’re going to stop the appalling weaponization of our justice system. There’s never been a justice system like this. It’s all investigation, investigation,” the ex-president said on the trail over the weekend.

    This is a message that may be attractive to some of Trump’s base voters who themselves feel alienated from the federal government and previously bought into his claims about a “deep state” conspiracy against him. It’s also a technique, in which a strongman leader argues that he is taking the heat so his followers don’t have to, that is a familiar page in the authority playbooks of demagogues throughout history.

    As is normal, it is not known what the people who found the classified documents at the Florida storage facility may have said to the grand jury. But the ex-president is being investigated not just for possible violations of the Espionage Act, but also for potential obstruction of justice related to the documents.

    The two individuals, who were hired to search four of Trump’s properties last fall months after the FBI executed a search warrant at his Mar-a-Lago resort over the summer, were each interviewed for about three hours in separate appearances last week. The extent of information they offered the grand jury remains unclear, though they didn’t decline to answer any questions, one of the sources familiar with the investigation said.

    Ryan Goodman, a former special counsel at the Department of Defense, told CNN’s Erin Burnett on Monday that the latest development was a sign of an advanced special counsel investigation and could indicate that Smith was leaning toward indictments.

    “It sounds like he is trying to lock in their testimony, to understand how they would testify at trial, whether it is incriminating evidence against Trump or exculpatory evidence that the prosecutors would then have that and have it solidified.”

    The simple, politically charged act of investigating an ex-president was always bound to create a political furor. The fact that Trump is running for the White House again multiplies the stakes and means profound decisions are ahead for Attorney General Merrick Garland if evidence suggests Trump should be charged.

    On a more granular level, the report about the grand jury underscores that for all the political noise, the investigation into Trump’s haul of classified documents at Mar-a-Lago is taking place inside its own legal bubble.

    This remains the case, despite the political gift handed to Trump with the discovery of classified documents at Biden’s Wilmington, Delaware, home and at a Washington office he once used that should have been handed back when he left the vice presidency. Some classified material was also found at Pence’s Indiana home.

    Those discoveries allowed Trump to claim that he was being unfairly singled out, even if the cases have significant differences. Any Trump attempt to argue that he, like Biden and Pence, inadvertently took documents to his home will be undermined by the fact that he claimed the material belonged to him, and not the government, and what appears to be repeated refusals to give it back.

    Fresh indications of the momentum in the Trump documents special counsel probe followed the latest sign of a lopsided approach to the controversy over classified material by House Republicans, who are hammering Biden over documents but giving Trump a free pass.

    House Oversight Chairman James Comer was, for example, asked by CNN’s Pamela Brown this weekend why he had no interest in the more than 325 documents found at Trump’s home but was fixated upon the approximately 20 classified documents uncovered in Biden’s premises by lawyers and an unknown number also found during an FBI search of the president’s home this month.

    “If someone can show me evidence that there was influence peddling with those classified documents that were in the possession of President Trump, then we would certainly expand it,” the Kentucky Republican said. He went on to accuse Biden and his family of being “very cozy” with people from the Chinese Communist party but offered no evidence of such links or that they had anything to do with classified documents. His remarks left the impression that his committee is seeking to find evidence to condemn Biden but is treating Trump differently – exactly the kind of double standard the GOP has claimed the DOJ is employing toward Trump.

    The two special counsel investigations probing Trump and Biden’s retention of secret documents are unfolding independently. In a legal sense, there is no overlap between them. But they will both be subject to the same political inferno if findings are made public.

    Were Trump, for instance, to be prosecuted – over what so far appears to be a larger haul of documents and conduct that may add up to obstruction – and Biden is not, the ex-president would incite a firestorm of protest among his supporters. Even though the sitting president enjoys protections from prosecution because of historic Justice Department guidance, it’s hard to see how the political ground for prosecuting just one of them could hold firm – especially if Biden and Trump are rival presidential candidates in 2024.

    From the outside, it appears as if Biden and Pence were far more cooperative with the DOJ and the FBI after some classified documents were found at their properties than Trump has been. It took a search warrant for FBI agents to get into Mar-a-Lago, and the ex-president claimed that presidential documents that belonged to the federal government when he left office belonged to him. But voters might find it hard to understand nuanced legal differences between the two cases – a factor the House Republican counter-attack based on Biden’s documents made more likely.

    As the political fallout from the classified documents furor deepened on Monday, the country got a reminder of the treatment that can await lower-ranking members of the federal workforce when secret material is taken home.

    CNN’s Holmes Lybrand reported that court documents show that a retired Air Force lieutenant colonel, who stored files with classified information at his Florida home, will plead guilty in February to one count of unlawful retention of national defense information.

    Robert Birchum served in the Air Force for more than 30 years and previously held top secret clearance. According to his plea agreement, he stored hundreds of files that contained information marked as top secret, secret or confidential classified outside of authorized locations. A plea agreement stated that “the defendant’s residence was not a location authorized to store classified information, and the defendant knew as much.”

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    January 30, 2023
  • Meta and Twitter decided to restore Trump’s account. Will other platforms follow suit? | CNN Business

    Meta and Twitter decided to restore Trump’s account. Will other platforms follow suit? | CNN Business

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    New York
    CNN
     — 

    Former president Donald Trump could soon make a return to Facebook, Instagram and Twitter, and reach the massive audiences on each, now that the companies behind those platforms have restored access to his accounts.

    But that could just be the start. The decisions by Twitter and now Facebook-parent Meta to bring back Trump could push — or at least provide cover for — a number of other platforms to make similar moves. 

    Facebook and Twitter restricted Trump’s accounts in the aftermath of the January 6 attack. The bans were seen as necessary by tech executives, and indeed many on Capitol Hill, believing Trump could use their platforms to incite further violence.

    Many other platforms followed suit by banning or restricting Trump, including YouTube, Snapchat and game streaming platform Twitch. Shopify, an e-commerce company, removed two stores associated with Trump, and digital payments provider Stripe said it would stop processing payments for Trump’s campaign. In some cases, platforms restricted channels or content that was associated with the then-president, if not directly affiliated — Reddit and Discord, for example, banned pro-Trump groups on their platforms.

    The net effect was that Trump, or at least his accounts, essentially vanished or went silent across the mainstream internet. Trump’s digital exile pushed him to launch his own social media platform, Truth Social. His media company even teased plans to create rivals to other online services, including Stripe. (Trump has not said whether he will resume posting from Twitter, Facebook and Instagram; he is believed to have some form of an exclusivity deal with Truth Social’s parent company to post there.)

    For now, some of these other companies appear to be sticking with their policies. On Wednesday, Snapchat parent Snap indicated that it is not planning to revisit its decision to ban Trump’s account two years ago.

    “In January 2021, Donald Trump’s Snapchat account was terminated for violating our Terms of Service and Community Guidelines,” a Snap spokesperson said in a statement to CNN. “According to our Community Guidelines, if your account is terminated for violating our Terms of Service or the Guidelines, you are not allowed to use Snapchat again.”

    But for other platforms, Meta’s ruling this week could add to the pressure many had already been facing to reconsider their bans after Trump announced he’d seek a third bid for the White House in 2024 and new Twitter owner Elon Musk gave him back his account.

    “Usually these companies do fly in a flock and whoever makes the first movements, other companies do tend to try to, in succession, follow behind because the initial company takes the biggest media hit and then the rest of them don’t suffer the reputational hit of being the first technology company to make a decision,” Joan Donovan, research director of the Shorenstein Center on Media, Politics and Public Policy, told CNN earlier this month.

    A YouTube spokesperson told CNN Wednesday that the company currently had “nothing to share” on whether the company is or plans to consider reversing its suspension. Shopify, Stripe, Discord and Reddit did not immediately respond to requests for comment about the possibility of following Meta and Twitter’s leads and reversing their bans.

    When Musk announced the decision to reinstate Trump’s Twitter account in November, shortly after completing his acquisition of the company, it came with little explanation beyond Musk’s previously stated desire for freer speech on the platform. Musk conducted an informal poll of his followers and more voted in favor of restoring the account than not.

    Meta’s decision, by contrast, could provide a new set of precedents for platforms on how to handle Trump and other world leaders who violate their rules.

    In announcing its decision on Wednesday, Meta laid out “new guardrails” for how it will handle possible rules violations by Trump if he opts to return to Meta’s platforms. In short: yes, Trump can get suspended again, but a permanent ban no longer appears to be on the table.

    “In the event that Mr. Trump posts further violating content, the content will be removed and he will be suspended for between one month and two years, depending on the severity of the violation,” Clegg said. He added that the new, harsher penalties for repeat violations will also apply to other public figures whose accounts are reinstated following suspensions related to civil unrest.

    For content that doesn’t violate its rules but “contributes to the sort of risk that materialized on January 6th, such as content that delegitimizes an upcoming election or is related to QAnon,” Meta may limit distribution of the posts, Clegg said. The company could, for example, remove the reshare button or keep the posts visible on Trump’s page but not in users’ feeds, even for those who follow him, he said. For repeated instances, the company may restrict access to its advertising tools.

    If Trump again posts content that violates Meta’s rules but the company determines “there is a public interest in knowing that Mr. Trump made the statement that outweighs any potential harm,” Meta may similarly restrict the posts’ distribution but leave them visible on Trump’s page.

    The new policy may still require Meta’s leadership to make significant, subjective decisions about what content is potentially harmful public safety at large, but the rules could act as a model for how other platforms could bring back the former president without appearing reckless.

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    January 29, 2023
  • RNC Chairwoman Ronna McDaniel elected to fourth consecutive term | CNN Politics

    RNC Chairwoman Ronna McDaniel elected to fourth consecutive term | CNN Politics

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    Dana Point, California
    CNN
     — 

    Republican National Committee Chairwoman Ronna McDaniel was elected to a fourth consecutive term Friday after winning the support of about two-thirds of the RNC members who gathered here for their winter meeting.

    McDaniel fended off a stronger-than-expected challenge from Harmeet Dhillon, an RNC committeewoman from California and an attorney who has represented former President Donald Trump.

    The vote was conducted by secret ballot and McDaniel needed a majority of the members casting ballots to win. After just one round of voting, the parliamentarian announced that McDaniel had received 111 of the 167 votes cast. Dhillon received 51 votes and four ballots were cast for MyPillow CEO Mike Lindell, a 2020 election denier and ardent Trump backer.

    Dhillon had argued the party needed to “radically reshape” its leadership amid recriminations about Republicans’ lackluster showing in the midterm elections, which compounded disappointments over the results in the previous two cycles.

    After her win Friday, McDaniel invited Dhillon and Lindell onstage for a photo op, implicitly attempting to rebut criticism about the fractured nature of the party. “With us united and all of us going together, the Democrats are going to hear us in 2024,” McDaniel said.

    But moments later, Dhillon told reporters that GOP leaders would have to reckon with widespread distrust in the party among rank-and-file voters across the country – which she said was reflected in the support she garnered as she challenged McDaniel over the past two months.

    “The results were not what we or hundreds of thousands of supporters around the country were hoping for, and I think the party is going to have to deal with that fallout of being in a disconnect from the grassroots,” Dhillon told reporters outside the RNC’s general session at the Waldorf Astoria Monarch Beach resort.

    “The party is not united, but it’s our job to try and unite the party, and that’s going to mean changes at the RNC,” Dhillon added.

    Both McDaniel and Dhillon have ties to Trump. The former president backed McDaniel when she first ran for party chair in 2017. Dhillon’s law firm represented Trump in his dealings with the House select committee that investigated the January 6, 2021, attack on the US Capitol. The RNC paid more than $1 million for the legal work.

    But Trump stayed neutral in the race for RNC chair, stating that McDaniel and Dhillon should “fight it out.” On Friday, he congratulated McDaniel on her “big WIN” in a post on his Truth Social platform.

    Trump’s likely rival in the 2024 contest for the White House, Florida Gov. Ron DeSantis, weighed in on the race in an interview that posted Thursday, telling Turning Point USA founder Charlie Kirk, a conservative web show host, that it was time for “some new blood in the RNC.” But the GOP governor stopped short of offering a formal endorsement of Dhillon.

    The feud between McDaniel and Dhillon has underscored the fractious nature of the Republican Party at this moment. There are broad disagreements among RNC members about how to steer the party back into a position of strength before the 2024 presidential election, with Trump already an announced candidate. Dhillon, for example, has said the party must do more to encourage early voting to compete with Democrats after years in which Trump has undermined that method of casting ballots in his quest to sow doubt in election results.

    During a speech at the beginning of Friday’s meeting, McDaniel implicitly pushed back at criticisms of her leadership record as she argued that the party must be united headed into 2024. “We’re working overtime to learn the lessons of the midterms – what went right and what went wrong,” she said.

    McDaniel won public commitments from more than 100 RNC members to back her before Friday’s secret ballot election that unfolded among other votes on party business and resolutions. Dhillon’s allies had suggested that many members would switch to the California committeewoman when the secret voting began, but that dynamic did not pan out.

    The race for RNC chair had grown increasingly contentious over the past two months with Dhillon allies raising questions about the compensation and benefits that McDaniel earned as party chair, and McDaniel supporters pointing to the lucrative payments Dhillon’s law group has received for representing both Trump and the RNC. Both women assured members that they would look closely the RNC’s spending on consultants and outside vendors as the party charts the course forward into the next cycle.

    As the GOP wrestles with how much influence Trump should exert over the party’s leadership and machinery, Trump’s candidates for RNC co-chair and treasurer were defeated during the voting on leadership positions by RNC members Friday afternoon in Dana Point, California.

    Trump’s endorsed candidate for RNC co-chair, North Carolina Republican Chairman Michael Whatley, withdrew after trailing South Carolina GOP Chairman Drew McKissick, who won after several rounds of voting. Trump had recently endorsed Whatley after crediting him with “leading North Carolina to tremendous success in the recent election” and said he was “MAGA all the way.” Trump’s choice for RNC Treasurer, Joe Gruters – the chairman of the Republican Party of Florida who had backed McDaniel in her run for a fourth consecutive term – also lost on Friday. Vicki Drummond of Alabama was reelected to a term as treasurer.

    RNC members also approved a resolution opposing “all forms of antisemitism, antisemitic statements and any antisemitic elements that seek to infiltrate the Republican Party.” The resolution explicitly condemned White supremacist Nick Fuentes and rapper Kanye West – who have well-publicized antisemitic views and dined with Trump in November at his Mar-a-Lago estate – by name.

    The resolution approved by a voice vote Friday said that the Republican National Committee “formally condemns, denounces, censures and opposes Kanye West, also known as Ye, Nicholas ‘Nick’ Fuentes, Congresswomen Ilhan Omar, Rashida Tlaib, Cori Bush and all others promoting their antisemitism beliefs.” It added that the Republican National Committee “affirms antisemitism has no place in our political party, American politics, or any political discourse.”

    Trump acknowledged that the dinner occurred in a post on Truth Social after the controversy erupted, stating that West had unexpectedly showed up with three of his friends “whom I knew nothing about” and described the dinner as “quick and uneventful.”

    This story has been updated with additional information.

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    January 28, 2023
  • Jan. 6 rioter who assaulted Capitol Police Officer Brian Sicknick sentenced to over 6 years in jail | CNN Politics

    Jan. 6 rioter who assaulted Capitol Police Officer Brian Sicknick sentenced to over 6 years in jail | CNN Politics

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    CNN
     — 

    A man who assaulted United States Capitol Police Officer Brian Sicknick with pepper spray on January 6, 2021, was sentenced on Friday to 80 months behind bars.

    Julian Khater pleaded guilty in September to two counts of assaulting, resisting or impeding officers with a dangerous weapon. His co-defendant, George Tanios, pleaded guilty last summer to disorderly conduct and entering and remaining in a restricted building. Khater was also ordered to pay a $10,000 fine and $2,000 in restitution.

    Tanios was sentenced to time served and one year of supervised release. He previously spent more than five months behind bars.

    The day after the attack, Sicknick died after suffering several strokes. Washington, DC’s chief medical examiner, Francisco Diaz, determined that the officer died of natural causes and told The Washington Post that the riot and “all that transpired played a role in his condition.”

    Sicknick’s family and partner were present for the sentencing and law enforcement officers dressed in uniform filled the courtroom.

    According to the plea agreements, Tanios bought two cans of bear spray in preparation for his trip with Khater to Washington on January 6. During the Capitol attack, when the two men arrived near a line of police officers by the steps of the Capitol, Khater said to Tanios, “Give me that bear s**t,” according to the plea.

    Khater took a white can of bear spray from Tanios’s backpack, walked up to the line of officers and, as rioters started pulling on the bike rack barrier separating them and the police, Khater sprayed multiple officers – including Sicknick – who had to retreat from the line.

    One of those officers, Caroline Edwards, gave a witness impact statement before DC District Judge Thomas Hogan during the sentencing hearing.

    “I felt like the absolute worst kind of officer, someone who didn’t help – couldn’t help – their friend,” she said of not being able to help Sicknick after being sprayed herself seconds later by Khater. “Sometimes when I close my eyes I can still see his face, white as a sheet.”

    Hogan called Khater’s actions that day “inexcusable,” adding that “three officers (who) were doing their duty … are suddenly sprayed directly in the face.”

    “I’m not going to give a lecture on the riot,” Hogan said, adding that “every time you see the video you’re shocked over again” and that “something has come out of this country that is very, very serious.”

    After recovering from the bear spray attack, Sicknick continued to help protect the Capitol that day, according to court documents, remaining on duty until late into the evening.

    “Just before approximately 10:00 p.m., Officer Sicknick began slurring his speech while talking to fellow officers,” court documents state. “He slumped backwards and lost consciousness, and emergency medical technicians were summoned for assistance. He was transported to the George Washington University Hospital where he remained on life support for nearly 24 hours and was pronounced dead at 8:51 p.m. the following day.”

    President Joe Biden awards the Presidential Citizens Medal to US Capitol Police Officer Brian D. Sicknick, whose mother Gladys Sicknick accepts on his behalf.

    Khater’s defense attorney said that Hogan should not sentence his client for the death of Sicknick, which the attorney noted was determined to be of natural causes. The judge agreed, noting he “can’t sentence Mr. Khater (for) causing officer Sicknick’s death.”

    Calling his client “sheepish” and “sweet and gentle,” Khater’s attorney said his actions that day amounted to seconds of “emotionally charged conduct” from a man who suffered from anxiety.

    In his statement to the judge, Khater began by highlighting how long he had already served behind bars and how it had “taken a huge toll” on him. “I wish I could take it all back,” he said. “It’s not who I am.”

    Hogan pressed Khater on why he did not expressly apologize to the officers in the courtroom and Sicknick’s family. “Somewhere along the lines we lost the sense of responsibility,” the judge said.

    “It’s the elephant in the room,” Khater said, adding that “there’s a civil thing going on” – in reference to a civil lawsuit from Sicknick’s estate – and that his lawyer had warned him about what to say in court Friday.

    “You should be afraid,” Hogan said of the lawsuit.

    Sicknick’s partner, Sandra Garza, had asked the judge to impose the maximum sentence for both men.

    “I realize it will not bring back Brian, nor give him peace in his last moments on earth, but it will give some sense of justice in my universe,” Garza wrote to the judge.

    “The only thing that surpasses my anger is my sadness,” Sicknick’s brother, Kenneth, wrote in his statement to the judge. “Sadness that the only time I can communicate with Brian is to speak into the nothingness and hope that he is listening.”

    Kenneth continued, “Brian was never one for the spotlight. He preferred to go about his business, not bringing attention to himself. My family and I quietly smile at each other when we attend an event honoring and remembering Brian and the weather turns bad. We know it’s Brian telling us that it is OK, he is OK, please don’t make a big deal about me, take care of the others that need it. That’s what he would have done.”

    This story has been updated with additional details.

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    January 28, 2023
  • Trump hits the trail in New Hampshire and South Carolina as he looks to rejuvenate 2024 campaign | CNN Politics

    Trump hits the trail in New Hampshire and South Carolina as he looks to rejuvenate 2024 campaign | CNN Politics

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    CNN
     — 

    Former President Donald Trump on Saturday will deliver the keynote address at the New Hampshire Republican Party’s annual meeting as he returns to the trail looking to ramp up his 2024 presidential campaign.

    Trump will address hundreds of Republican leaders and grassroots activists at the meeting in Salem before headlining a second campaign event in South Carolina – also an early voting state – later in the day.

    The pair of events offers Trump an opportunity to reinvigorate his campaign, which has been slow-moving since he announced his candidacy in November. The former president remains the only declared major 2024 candidate, but several Republicans have been either publicly weighing or fueling speculation about potential bids.

    In New Hampshire, Trump is expected to formally announce that outgoing state GOP Chairman Stephen Stepanek will be added to his campaign operation in the Granite State as a senior adviser, a source familiar with the hire told CNN.

    Stepanek co-chaired Trump’s first presidential campaign before becoming the top GOP official in New Hampshire, serving two terms. He joins Trump’s team as the three-time presidential contender looks to repeat his 2016 victory in the first-in-the-nation primary, a task potentially complicated by waning support among state officials who are looking for a fresh face to top their party’s ticket.

    Trump’s decision to tap Stepanek was first reported by Politico.

    Stepanek had previously expressed enthusiasm about the former president’s upcoming address, saying in a statement, “President Trump has long been a strong defender of New Hampshire’s First in the Nation Primary Status and we are excited that he will join us to deliver remarks to our Members.”

    Trump’s visit comes days before the Democratic National Committee is set to meet to vote on a new proposed 2024 presidential primary calendar put forward by President Joe Biden that would strip New Hampshire of it’s first-in-the-nation primary status – a move strongly opposed by New Hampshire Democrats. Republicans have already locked in their early state lineup of Iowa, New Hampshire, South Carolina and Nevada – the same lineup Democrats previously had.

    New Hampshire Gov. Chris Sununu, seen as a potential contender for the 2024 GOP nomination, has been sharply critical of Trump. He argued in December that Trump is “not the influence he thinks he is” and said that the Republican Party was “moving on” from him.

    After the New Hampshire event, Trump will fly to South Carolina, a state that helped pave his way to becoming the GOP nominee in 2016 and where he is expected to unveil a leadership team and a handful of endorsements. Among the top South Carolina Republicans scheduled to attend the event at the Statehouse in Columbia in support of the former president are Sen. Lindsey Graham, Gov. Henry McMaster and US Rep. Russell Fry, who won a primary last year over a GOP incumbent who had voted to impeach Trump.

    Trump continues to be investigated by the Department of Justice, and special counsel Jack Smith is overseeing the criminal probes into the retention of classified documents at Trump’s Mar-a-Lago resort and into parts of the January 6, 2021, insurrection at the US Capitol. Both investigations implicate the conduct of Trump.

    Trump’s Saturday campaign events come in the wake of recent revelations that classified documents were also found at locations tied to both Biden and former Vice President Mike Pence. Attorney General Merrick Garland appointed a separate special counsel to take over the investigation into the Obama-era classified documents found at Biden’s home and former private office.

    Earlier this week, Facebook parent company Meta announced it would restore Trump’s accounts on Facebook and Instagram in the coming weeks, just over two years after suspending him in the wake of the January 6 attack.

    This story and headline have been updated.

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    January 28, 2023
  • Peter Navarro contempt of Congress trial will be delayed for months, judge says | CNN Politics

    Peter Navarro contempt of Congress trial will be delayed for months, judge says | CNN Politics

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    CNN
     — 

    A federal judge on Friday delayed the contempt of Congress trial for former Donald Trump adviser Peter Navarro, likely for months, to allow for additional pre-trial debate over the role executive privilege could play when the case goes to a jury.

    Over the course of a nearly two-hour hearing Friday, US District Judge Amit Mehta grilled Justice Department prosecutors on the position the department has taken, in previous internal Office of Legal Counsel opinions, that close aides to a president can be immune from congressional subpoenas.

    The trial had been scheduled to begin on Monday.

    Mehta had opened the door to the possibility that Navarro could present evidence at trial – potentially taking the stand – that he had been told by Trump that the former president was invoking executive privilege over his testimony to the House January 6 Committee.

    So far, Navarro has presented no evidence that Trump made a such an invocation when he was subpoenaed for documents and testimony by the now defunct House January 6 select committee.

    Federal prosecutors bristled at the idea that Navarro should still be allowed to present such evidence, arguing that it doesn’t exist in the first place and that if it did, it would not be up to the jury to decide whether such invocation would have shielded Navarro from the subpoenas.

    Mehta ultimately decided that the issue raised legal questions that needed to be decided before trial, so he postponed its Monday start date.

    The judge did not schedule a new date for the trial, and instead set a briefing schedule on the privilege questions that will extend through the end of March.

    This story has been updated with additional details.

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    January 27, 2023
  • Jan. 6 Committee failed to hold social media companies to account for their role in the Capitol attack, staffers and witnesses say | CNN Business

    Jan. 6 Committee failed to hold social media companies to account for their role in the Capitol attack, staffers and witnesses say | CNN Business

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    New York
    CNN
     — 

    “There might be someone getting shot tomorrow.”

    That was the warning from Twitter staff at an internal meeting on Jan. 5, 2021, the eve of the deadly attack on the US Capitol. It wasn’t the only stark warning Twitter management received ahead of the insurrection, according to two former Twitter employees who spoke to the House Jan. 6 Committee.

    But now these witnesses, along with some committee staff, are frustrated, saying the committee failed to adequately hold major social media companies to account for the role they played in the worst attack on the Capitol in 200 years.

    It was a “real missed opportunity,” Anika Collier Navaroli, a former Twitter employee turned whistleblower who gave evidence to the committee, told CNN in an interview last week. “I risked a lot to come forward and speak to the committee and to share the truth about these momentous occasions in history,” Navaroli said.

    CNN spoke to half a dozen people who interacted with and were familiar with the Jan. 6 Committee’s so-called “purple team” – a group that included staff with expertise in extremism and online misinformation. Some witnesses and staff said the committee pulled its punches when it came to Big Tech, failing to include critical parts of the team’s work in its final report. The discontent has poured into public view, with an unpublished draft of the team’s findings leaked and obtained by multiple news organizations, including CNN.

    One source familiar with the probe acknowledged that the committee obtained evidence that social media companies like Twitter largely ignored concerns that were raised internally prior to Jan. 6, but while those platforms should have done something at the time, the panel was limited in its ability to hold them accountable. A lawyer who worked on the committee said the panel did its job and focused on the unique and malign role of then-President Donald Trump in an unprecedented attack on American democracy. They also said the final report outlines structural issues across social media and society that need to be studied further.

    Disagreement about social media companies’ role in the Jan. 6 attack comes as 2023 looks to be a pivotal year for Silicon Valley firms in Washington, DC. Spurred in part by the release of Elon Musk’s so-called “Twitter Files,” House Republicans are set to investigate purported Big Tech censorship, particularly as it pertains to social media companies’ handling of a 2020 New York Post story about Hunter Biden and his laptop. Facebook parent company Meta’s high-stakes decision Wednesday to reinstate Trump on its platforms is also expected to stoke further scrutiny of tech companies’ influence in elections. At the Supreme Court, justices are set to rule this year on a case that could strip key protections afforded to tech companies moderating online speech.

    It isn’t just Navaroli who has taken issue with the committee’s findings. Three of the committee’s own staff members, part of the so-called purple team, published an article earlier this month, sharply criticizing the decisions made by social media companies in the lead up to the attack.

    The final report’s “emphasis on Trump meant important context was left on the cutting room floor,” they wrote.

    “Indeed, the lack of an official Committee report chapter or appendix dedicated exclusively to these matters does not mean our investigation exonerated social media companies for their failure to confront violent rhetoric,” they wrote.

    In wake of the decision, CNN has reviewed thousands of pages of deposition transcripts and other supporting documents the committee has publicly released that provide insight into Silicon Valley’s action and inaction in the critical period between Election Day 2020 and Jan. 6, 2021.

    Navaroli, who worked on Twitter’s safety policy team, told the committee she had repeatedly warned Twitter’s leadership in the lead-up to Jan. 6 about the dangers of not cracking down on what she said was violent rhetoric.

    Navaroli pointed to Trump’s infamous “stand back and stand by” message to the Proud Boys at the first 2020 presidential debate as one instance that incited more violent rhetoric on Twitter.

    Navaroli initially appeared before the committee as an anonymous whistleblower. Part of her testimony was played during the public committee hearings last summer, with her voice distorted to protect her identity. However, she later decided to go public, testifying before the committee for a second time, and speaking to The Washington Post.

    In an interview with CNN, Navaroli said she is speaking out now because she believes it is important for the “truth to be on the record.” She warned that without a full reckoning of social media’s role in the Capitol attack, political violence could once again ignite in the United States and elsewhere around the world, pointing to recent unrest in Brazil where supporters of former President Jair Bolsonaro stormed the country’s top government offices.

    The final report from the Jan. 6 Committee stated, “Social media played a prominent role in amplifying erroneous claims of election fraud.”

    But a far more blistering assessment was laid out in an unpublished draft document prepared by committee staff that was obtained by several news organizations, including CNN. Its key findings included:

    • “Social media platforms delayed response to the rise of far-right extremism—and President Trump’s incitement of his supporters—helped to facilitate the attack on January 6th.”
    • “Fear of reprisal and accusations of censorship from the political right compromised policy, process, and decision-making.”
    • “Twitter failed to take actions that could have prevented the spread of incitement to violence after the election.”
    • “Facebook did not fail to grapple with election delegitimization after the election so much as it did not even try.”

    Tech companies would broadly dispute these findings and have repeatedly said they are working to keep their platforms safe.

    Twitter’s previous management repeatedly outlined steps it said it was taking to crack down on hateful and violent rhetoric on its platform prior to Jan. 6, 2021, but stressed it didn’t want to unnecessarily limit free expression. Under Musk’s leadership, Twitter no longer has a responsive communications team, and the company did not respond to CNN’s request for comment.

    Andy Stone, a spokesperson for Facebook parent company Meta, pointed to an earlier statement from the company where it said it was cooperating with the committee.

    Jacob Glick, an investigative counsel, conducted multiple depositions for the Jan. 6 Committee, including Navaroli's.

    Jacob Glick, an investigative counsel who conducted multiple depositions for the Jan. 6 Committee, including Navaroli’s, told CNN he believes the committee did its job to show “the American public the dangers posed by President Trump’s multilayered attack on our democracy.”

    He said the lack of awareness he believes tech companies have shown about their role in the attack was “stark.”

    “I don’t think social media companies recognize they were dealing with a sustained threat to American democracy,” he said.

    Glick, who now works at the Georgetown Institute for Constitutional Advocacy and Protection, said the purple team’s report had not been fact-checked, contains some errors, and should not have been leaked.

    Another source familiar with the committee’s work told CNN, “It couldn’t be clearer that Trump was at the center of this plot to overturn the election. Not everything staff worked on could fit into this extensive report and hearings, including some who wanted their work to be the center of the investigation.”

    How social media platforms write and enforce their rules has become a central and ongoing debate, raising the key question of what power the companies should wield when it comes to politicians like Trump.

    While some, including Navaroli, insist Trump repeatedly broke social media platforms’ rules by inciting violent rhetoric that should have resulted in his removal before Jan. 6, others including Musk and Twitter’s previous management, argue that what politicians say should be made available to as many people as possible so they can be held to account.

    Meta and Twitter have both reversed their bans on Trump.

    “We’re moving backwards and it’s concerning to me,” Navaroli said of the return of prominent election conspiracy theorists to major tech platforms. “History has taught us what happens when political speech on social media companies is allowed to fester unchecked.”

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    January 26, 2023
  • Meta says it will restore Donald Trump’s Facebook and Instagram accounts | CNN Business

    Meta says it will restore Donald Trump’s Facebook and Instagram accounts | CNN Business

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    New York
    CNN
     — 

    Facebook-parent Meta said on Wednesday that it will restore former President Donald Trump’s accounts on Facebook and Instagram in the coming weeks, just over two years after suspending him in the wake of the January 6 Capitol attack.

    “Our determination is that the risk [to public safety] has sufficiently receded,” Meta President of Global Affairs Nick Clegg said in a blog post. “As such, we will be reinstating Mr. Trump’s Facebook and Instagram accounts in the coming weeks. However, we are doing so with new guardrails in place to deter repeat offenses.”

    Trump could be suspended for as much as two years at a time for violating platform policies in the future, Clegg said.

    With his Facebook and Instagram accounts reactivated, Trump will once again gain access to huge and powerful communications and fundraising platforms just as he ramps up his third bid for the White House.

    The decision, which comes on the heels of a similar move by Twitter, could also further shift the landscape for how a long list of smaller online platforms handle Trump’s accounts.

    It was not immediately clear whether Trump will seize the opportunity to return to the Meta platforms. Trump’s reps did not immediately respond to a request for comment.

    In a post on his own platform, Truth Social, Trump acknowledged Meta’s decision to reverse its suspension of his account and said “such a thing should never again happen to a sitting President, or anybody else who is not deserving of retribution.”

    Former President Trump’s team was not given advance notice of Meta’s decision, a source familiar with the matter told CNN. Many of his aides and advisers learned of the decision from media reports. Shortly before the announcement, Meta asked for a last-minute meeting with Trump’s lawyers this evening to discuss his possible reinstatement, but were not told what the final decision was. They were still in the meeting when Meta released the news, the source said.

    Twitter restored Trump’s account in November following its takeover by billionaire Elon Musk, but the former president has not yet resumed tweeting, opting instead to remain on Truth Social.

    But Trump’s campaign earlier this month sent a letter to Meta petitioning the company to unblock his Facebook account, a source familiar with the letter told CNN, making his return more likely. Although Twitter was always Trump’s preferred platform, he has a massive reach on Facebook and Instagram — 34 million followers and 23 million followers, respectively, ahead of his reinstatement. Previous Trump campaigns have lauded the effectiveness of Facebook’s targeted advertising tools and have spent millions running Facebook ads.

    Meta’s decision was quickly criticized by a number of online safety advocates and democratic lawmakers. Congressman Adam Schiff said in a tweet that restoring Trump’s “access to a social media platform to spread his lies and demagoguery is dangerous,” noting that Trump has shown “no remorse” for his actions around the January 6 attack. NAACP President Derrick Johnson called the decision “a prime example of putting profits above people’s safety.”

    But ACLU Director Anthony Romero called the decision “the right call,” joining several other groups in praising the move. He added: “The biggest social media companies are central actors when it comes to our collective ability to speak — and hear the speech of others — online. They should err on the side of allowing a wide range of political speech, even when it offends.”

    The company made the landmark decision to bar Trump from posting on Facebook and Instagram the day after the January 6 attack, in which his supporters stormed the US Capitol in a bid to overturn the 2020 election results.

    Many other platforms did the same in quick succession, but Facebook was clear that it planned to revisit the decision at a later date. After Facebook’s independent Oversight Board recommended that the company clarify what was initially an indefinite suspension, Facebook said the former president would remain restricted from the platform until at least January 7, 2023.

    Meta earlier this month was considering whether to restore Trump’s accounts with the help of a specially formed internal company working group made up of leaders from different parts of the organization, a person familiar with the deliberations told CNN. The group included representatives from the company’s public policy, communications, content policy, and safety and integrity teams, and was being led by Clegg, who previously served as UK Deputy Prime Minister.

    The company said in June 2021 that it would “look to experts to assess whether the risk to public safety has receded” in January 2023 to make a determination about the former president’s account.

    “If we determine that there is still a serious risk to public safety, we will extend the restriction for a set period of time and continue to re-evaluate until that risk has receded,” Clegg, then-vice president of global affairs at Meta, said in a statement at the time.

    Clegg said in his Wednesday post that the company believes “the public should be able to hear what their politicians are saying — the good, the bad and the ugly — so that they can make informed choices at the ballot box.” But, he said, “that does not mean there are no limits to what people can say on our platform.”

    In light of his previous violations, Trump will now face “heightened penalties for repeat offenses,” Clegg said, adding that the policy will also apply to other public figures whose accounts are reinstated following suspensions related to civil unrest.

    Clegg told Axios in an interview published Wednesday that the company does not “want — if he is to return to our services — for him to do what he did on January 6, which is to use our services to delegitimize the 2024 election, much as he sought to discredit the 2020 election.”

    “In the event that Mr. Trump posts further violating content, the content will be removed and he will be suspended for between one month and two years, depending on the severity of the violation,” Clegg said. However, the possibility of permanent removal of Trump’s accounts — which Clegg had previously indicated could be a consequence of future violations if his account were to be restored — no longer appears to be on the table.

    For content that doesn’t violate its rules but “contributes to the sort of risk that materialized on January 6th, such as content that delegitimizes an upcoming election or is related to QAnon,” Meta may limit distribution of the posts, Clegg said. The company could, for example, remove the reshare button or keep the posts visible on Trump’s page but not in users’ feeds, even for those who follow him, he said. For repeated instances, the company may restrict access to its advertising tools.

    If Trump again posts content that violates Meta’s rules but “we assess there is a public interest in knowing that Mr. Trump made the statement that outweighs any potential harm” under the company’s newsworthiness policy, Meta may similarly restrict the posts’ distribution but leave them visible on Trump’s page.

    –CNN’s Donie O’Sullivan, Kaitlan Collins and Kristen Holmes contributed to this report.

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    January 25, 2023
  • ‘Command your troops, damn it!’ How a series of security failures opened a path to insurrection in Brazil | CNN

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

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    CNN
     — 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Chaos ensued.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    In pictures: Bolsonaro supporters storm Brazilian Congress


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

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

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

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

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

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

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

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

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

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

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

    CNN has reached out to his lawyer for comment.

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

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

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    January 14, 2023
  • ‘Victory smoke in the Capitol, boys,’ Proud Boys member said on Jan. 6, prosecutors say as trial begins | CNN Politics

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

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    CNN
     — 

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

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

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

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

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

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

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

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


    09:50

    – Source:
    CNN

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

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

    Prosecutors played a video of Nordean allegedly celebrating the riot.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    January 13, 2023
  • First weeks of Proud Boys sedition trial marked by courtroom drama and fighting | CNN Politics

    First weeks of Proud Boys sedition trial marked by courtroom drama and fighting | CNN Politics

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    CNN
     — 

    The preliminary stage of the trial of five Proud Boys charged with seditious conspiracy related to the 2021 US Capitol attack has been a chaotic wind-up that included contentious fights during jury selection, debates over evidence and defense lawyers threatening to withdraw from the case.

    But while opening arguments are expected Thursday, the bickering in the courtroom is likely to continue.

    Tensions between federal prosecutors, defense lawyers and the judge have grown increasingly hostile and confrontational over the past three weeks, and the judge has repeatedly pushed back the start of the trial to deal with the endless fighting.

    District Judge Timothy Kelly delivered a stark warning to all the lawyers on Wednesday: “Everyone take note – you talk over me, and contempt will be coming down the line. It’s going to be a long trial.”

    The five defendants – Enrique Tarrio, Zachary Rehl, Ethan Nordean, Dominic Pezzola and Joseph Biggs – have all pleaded not guilty.

    The three weeks of courtroom drama began before Christmas with the jury selection process, which was plagued by a constant struggle for prosecutors and defense attorneys to agree on jurors who didn’t have strong opinions on the far-right Proud Boys group.

    Some defense attorneys, like Rehl’s lawyer Carmen Hernandez, fought for the dismissal of nearly every potential juror who mentioned previous knowledge, however slight, of the Proud Boys. Other attorneys, including Tarrio’s lawyers Nayib Hassan and Sabino Jauregui, said they were suspicious that people who claimed to not know much about the Proud Boys could be lying so they can get on the jury and find their client guilty.

    Wednesday, Kelly mediated fights over potential exhibits. During one heated moment, Hernandez said she would withdraw from the case if Kelly allowed prosecutors to show the jury a specific video.

    The video has not been shown publicly, but Hernandez said it was taken before January 6, 2021, and was “highly prejudicial.”

    Kelly was not pleased by the inference the lawyer would quit.

    “You, Ms. Hernandez, had said something like you were going to withdraw from the case if I didn’t make certain decisions,” Kelly said. “And I want to make it clear that I don’t really care about that… it’s not even clear if I would let you out of the case.”

    “It isn’t a threat,” Hernandez replied. “I’m not in the habit from threatening to withdraw from a case.”

    Another defense attorney, Nick Smith, said that he too would leave the case over a video the government wants to play for the jury, though Kelly did not address his threat.

    Kelly did allow prosecutors to use video of a 2020 presidential debate when then-President Donald Trump said the Proud Boys should “stand back and stand by.” The comments, Kelly said, showed “an additional motive to advocate for Mr. Trump (and) engage in the charged conspiracy” to keep Trump in power.

    Roger Roots, a defense lawyer who joined Pezzola’s legal team just before the trial, also got in hot water with the judge. Roots suggested that he planned to tell the jury Pezzola was acting in self-defense on January 6 against police officers who were high on pepper spray.

    “I know you just joined the case last week but there is no evidence of that,” Kelly said, telling Roots the time had passed to make any self-defense arguments.

    Meanwhile, Biggs’ attorney Norman Pattis had his law license suspended last week for six months.

    Pattis, representing right-wing conspiracy theorist Alex Jones in the defamation case brought by parents of victims of the Sandy Hook Elementary School shooting, had improperly released court documents.

    The files included two years of Jones’ text messages, medical records from some of the Sandy Hook families and other confidential discovery items.

    Kelly has not yet ruled on Pattis’ status, but he did allow two other attorneys who had defended other Proud Boys and therefore had potential conflicts to serve on the case.

    Pattis, however, tweeted Wednesday that “six months off sounds good about now.”

    The constant turmoil has left some defense attorneys repeatedly asking for the trial to be moved to a different courthouse or further delayed, though they don’t all agree (Smith said he wouldn’t consent to delaying the trial for any reason “up to and including a zombie apocalypse”).

    Prosecutors have not been saved from the judge’s scrutiny either – most notably when they claimed they couldn’t provide evidence binders to defense lawyers because their office had run out of dividers, and they hadn’t been authorized to buy new ones.

    In the past three weeks, lawyers for the five defendants have repeatedly criticized government lawyers for how they have handled the case.

    Hernandez said the prosecutors were acting “immature” and said, “it reminds me of when my kids were little.”

    Roots told Kelly that the department was using “cutthroat strategies.”

    By Wednesday evening, Assistant US Attorney Jason McCullough asked the judge to reiterate his “order on decorum” in the courtroom.

    “We are going to be in front of a jury soon and we need to take this up a couple levels,” McCullough said.

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    January 12, 2023
  • How much should people worry about Covid’s newly-dominant XBB.1.5 variant? Our medical analyst explains | CNN

    How much should people worry about Covid’s newly-dominant XBB.1.5 variant? Our medical analyst explains | CNN

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    CNN
     — 

    A new Covid-19 variant, XBB.1.5, is spreading rapidly throughout the United States. In December 2022, the proportion of new Covid-19 infections due to this Omicron offshoot have increased from 4% to 18%, according to a January 6 release from the US Centers for Disease Control and Prevention, and is projected to rise further still. In some parts of the country, it constitutes more than half of all new infections. According to the World Health Organization, XBB.1.5 is the most transmissible form of Omicron yet.

    What should people know about XBB.1.5? Do vaccines and treatments work against it? Can tests pick it up? Will hospitals become overwhelmed again? Should kids wear masks to school again? And could there be even more worrisome variants that emerge in the future?

    To guide us through these questions, I spoke with CNN Medical Analyst Dr. Leana Wen, an emergency physician, public health expert and professor of health policy and management at the George Washington University Milken Institute School of Public Health. She is also author of “Lifelines: A Doctor’s Journey in the Fight for Public Health.”

    CNN: What should people know about the latest Covid-19 variant, XBB.1.5?

    Dr. Leana Wen: People should not be surprised that there is a new variant. The more viruses replicate, the more they mutate. Most mutations do not confer evolutionary advantage and won’t spread further, but some do.

    There are three key questions to ask about new variants. First, is it more contagious? Second, does it cause more serious disease? And third, is it more immune-evasive, meaning it undercuts the protection of existing vaccines and treatments?

    The mutations XBB.1.5 has acquired have made it more contagious. A more transmissible strain has the evolutionary advantage that it will spread faster than others, and therefore could displace other strains. This is a trend seen throughout the coronavirus pandemic — new, even more transmissible strains replacing their predecessors and becoming dominant.

    The good news is that, thus far, this strain does not appear to cause more severe disease. Like other Omicron descendants, it probably causes milder illness compared with the Delta variants that predated Omicron.

    There are some studies that suggest XBB.1.5 is more immune-evasive compared with previously dominant Omicron strains. Further research is underway to identify the degree of immune protection afforded by existing vaccines; the White House’s Covid-19 response coordinator Dr. Ashish Jha said that “data suggests that if you’ve been vaccinated, if you’ve gotten that updated bivalent booster, you’re still going to have a good amount of protection,” during an interview Friday with CNN’s Kate Bolduan.

    But even if it turns out these vaccines don’t hold up as well against infection with XBB.1.5, they will probably protect well against severe illness — which underscores the need for people to receive the updated booster if they are eligible.

    CNN: Can tests pick up this new variant?

    Wen: PCR tests definitely can, and there’s no reason to think that this variant won’t be picked up by rapid home antigen tests. If you have symptoms or are exposed to someone with the coronavirus, you should certainly get tested. The tests won’t show you which strain you picked up, but they should detect circulating variants.

    CNN: Do existing treatments work against XBB.1.5?

    Wen: Antiviral treatments like Paxlovid should work against XBB.1.5. Unfortunately, monoclonal antibody treatments probably don’t. In November, the US. Food and Drug Administration withdrew their authorization of the last remaining monoclonal antibody because of its lack of efficacy against new variants. And on January 6, the agency issued a statement that the preventive antibody Evusheld may be ineffective against XBB.1.5.

    On a policy level, it’s critical there are urgent investments into better treatments. There are many people vulnerable to severe outcomes due to Covid-19, and we need to have a wider range of effective treatments available for them.

    CNN: Could hospitals become overwhelmed again?

    Wen: Covid-19 infections could rise in the coming weeks due to a combination of this new variant and the fact that many people will have traveled and gathered over the holidays. I don’t think the surge will be nearly as bad as the initial Omicron wave in early 2022, though, because of the large proportion of Americans who have by this point already contracted Covid-19 and have some baseline immunity to it.

    If you have symptoms or are exposed to someone with the coronavirus, you should certainly get tested, says Dr. Leana Wen.

    Increasing booster rates, particularly among the elderly, will help blunt the rise in hospitalizations. It’s a major problem that only about a third of Americans ages 65 and older have received the updated bivalent booster, which has been shown in a recent study to reduce hospitalization by 73% in this age group.

    CNN: How much should people worry about XBB.1.5?

    Wen: It depends on the individual. There are many people who are not concerned about contracting Covid-19. They may be young and healthy and unlikely to become severely ill due to the coronavirus. Maybe they have just recovered from a previous infection and are protected against serious illness for several months. Or maybe the downside of continuing precautions is significant to them. I don’t think it’s wrong for people to proceed with their pre-pandemic routines, considering that XBB.1.5 is not likely to be the last variant of concern we see — and that it doesn’t appear to cause more severe disease.

    On the other hand, there are many people who are worried about becoming severely ill from Covid-19. People who are elderly or who have underlying health conditions should speak with their physician about their risk of severe illness due to Covid-19. If they are at high risk even after getting the bivalent booster, they should consider additional precautions to avoid infection while this highly transmissible variant is circulating. That includes asking others to take a rapid test prior to socializing and wearing a high-quality N95 or equivalent mask while in crowded indoor places.

    CNN: Some school districts are bringing back mask mandates. Should kids wear masks to schools again?

    Wen: This will depend on the family. If everyone is generally healthy, the parents or caregivers are going to work without a mask and all members are socializing freely with others outside of school, then it wouldn’t add much more protection to mask in the classroom.

    On the other hand, families that are still taking many precautions because of, for example, a severely immunocompromised household member might decide to all mask while in in crowded indoor spaces.

    My children have not been masking in school since the beginning of this school year, and I don’t currently plan for this to change. We would reconsider if a new variant emerges that causes much more severe disease, but that does not appear to be the case with XBB.1.5.

    CNN: Could there be even more worrisome variants that emerge in the future?

    Wen: Yes. This is the reason why genomic surveillance is so important. We need to identify and study new variants as they emerge. This is part of our “new normal”— there will be new variants that, from time to time, lead to surges of infections. The key is to make sure people are still protected against severe disease and to keep hospitals from becoming overwhelmed. And we must make sure everyone makes use of the tools we have available, including vaccines.

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    January 12, 2023
  • Musk’s Twitter restores accounts of prominent election deniers two years after Jan. 6 attack | CNN Business

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

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    New York
    CNN
     — 

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

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

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

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

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

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

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

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

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

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

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

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    Washington
    CNN
     — 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    January 9, 2023
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