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The foreign minister of Belarus has died at the age of 64
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MEXICO CITY — Mexico’s Supreme Court struck down part of President Andrés Manuel López Obrador’s ‘jail, no bail’ policy Thursday.
The court voted against mandatory pre-trial detention for people accused of fraud, smuggling or tax evasion. Because trials often take years in Mexico, the justices argued that being held in prison during trial was equivalent to being subjected to punishment before being convicted.
Instead, prosecutors would have to convince judges there are valid reasons not to release people on their own recognizance — for example, by arguing that they may pose a flight risk. The justices may vote next week on whether the possibility of pre-trial release may be justified for other crimes.
In 2019, López Obrador imposed mandatory pre-trial detention for a long list of crimes, and he views it as part of his crack-down on white collar criminals, like those accused of tax fraud. Mexico does not have cash bail, but before López Obrador changed the rules, judges could release suspects and require them to wear monitors, sign in at court or agree not to travel.
The president has long railed about corrupt judges and court rulings he doesn’t like, and Thursday’s supreme court vote was likely to spark more vocal attacks by the president.
Even before the ruling, López Obrador criticized the court for the widely expected Thursday vote.
“How can judges, magistrates and justices be defending white collar criminals? How can it be that money triumphs over justice?” López Obrador said before the ruling. “What tremendous shamelessness!”
The president has not been shy about accusing lower court judges of releasing drug and other suspects on procedural or technical points he clearly does not agree with. Underpaid, and often under threat, Mexican prosecutors often don’t bring strong cases, or make intentional or unintentional errors.
“They free them because the prosecution case was poorly written, or for any other excuse, any other pretext,” the president said, “because they have become very, very, very fixated on the fine points of the law.”
López Obrador has fought the courts, often attacking their legitimacy and singling out individual judges for scorn, because courts have often blocked some of the president’s key initiatives.
Observers say the courts have acted because López Obrador has often shoved through laws that openly contradict the country’s Constitution or international treaties.
Previously, the president has focused most of his wrath on lower courts. On Thursday at a press briefing with López Obrador, Ricardo Mejia, Mexico’s assistant secretary of public safety, said the administration would recommend bringing criminal charges against a judge who ordered the release of a suspected drug gang leader.
But much of the president’s anger Thursday was directed at the Supreme Court, which is about to hear an appeal by a group that says government money and property should no longer be used to erect Christmas-season Nativity scenes, a staple in Mexico.
The appeal says that the government’s participation in displaying Nativity scenes violates the constitutional separation of church and state.
The president angrily rejected that, even though the court has not ruled on the issue yet.
“That’s an example. Why should they go against the traditions, the customs of the people?” López Obrador said.
López Obrador expanded the list of charges that require a suspect to be detained pending trial to 16, including some nonviolent crimes that may carry sentences of just a few months — far less than the amount of time most people spend awaiting trial.
Only about two of every 10 people accused of a crime in Mexico are ever found guilty. That means that of the estimated 92,000 suspects held pending trial — often in the same cells with hardened criminals — around 75,000 won’t be convicted despite sometimes spending years locked up in Mexico’s crowded, dangerous prisons.
Trials in Mexico can drag on for a surprisingly long time. Two men were recently released with ankle monitors after spending 17 years in prison while on trial for murder.
Being put into Mexican prisons, which are overcrowded, underfunded and controlled by gangs, can be hell for those on pretrial detention, who often enter with no prison smarts or gang connections.
The U.N. Working Group on Arbitrary Detention says that “mandatory pretrial detention violates international standards on human rights.”
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RIO DE JANEIRO — The head of Brazil’s electoral authority on Wednesday rejected the request from President Jair Bolsonaro and his political party to annul ballots cast on most electronic voting machines, which would have overturned the Oct. 30 election.
Alexandre de Moraes had issued a prior ruling that implicitly raised the possibility that Bolsonaro’s Liberal Party could suffer from such a challenge. He conditioned analysis of the request on the presentation of an amended report to include results from the first electoral round, on Oct. 2, in which the party won more seats in both congressional houses than any other, and he established a 24-hour deadline.
Earlier Wednesday, party president Valdemar Costa and lawyer Marcelo de Bessa held a press conference and said there would be no amended report.
“The complete bad faith of the plaintiff’s bizarre and illicit request … was proven, both by the refusal to add to the initial petition and the total absence of any evidence of irregularities and the existence of a totally fraudulent narrative of the facts,” de Moraes wrote in his decision hours later.
He also ordered the suspension of government funds for the Liberal Party’s coalition until a fine of 23 million reais ($4.3 million) for bad faith litigation is paid.
On Tuesday, de Bessa filed a 33-page request on behalf of Bolsonaro and Costa citing a software bug in the majority of Brazil’s machines — they lack individual identification numbers in their internal logs — to argue all votes they recorded should be nullified. De Bessa said that doing so would leave Bolsonaro with 51% of the remaining valid votes.
Neither Costa nor de Bessa have explained how the bug might have affected election results. Independent experts consulted by The Associated Press said that, while newly discovered, it doesn’t affect reliability and each voting machine is still readily identifiable through other means. In his ruling on Thursday, de Moraes noted the same.
He also wrote that the challenge to the vote appeared aimed at incentivizing anti-democratic protest movements and creating tumult, and ordered the investigation of Costa and the consultant hired to conduct an evaluation.
“De Moraes’ message to the political establishment is: the game is over. Questioning the result of the elections is not fair play, and people and institutions who do that will be punished harshly,” said Maurício Santoro, a political science professor at the State University of Rio de Janeiro.
In the press conference on Wednesday, Costa said his intention is merely to prevent the results of the 2022 vote from haunting Brazil into the future.
The electoral authority on Oct. 30 ratified the victory of Bolsonaro’s nemesis, leftist former President Luiz Inácio Lula da Silva, and even many of the president’s allies quickly accepted the results. Protesters in cities across the country have steadfastly refused to do the same, particularly with Bolsonaro declining to concede.
Bolsonaro spent more than a year claiming Brazil’s electronic voting system is prone to fraud, without ever presenting evidence.
The South American nation began using an electronic voting system in 1996 and election security experts consider such systems less secure than hand-marked paper ballots, because they leave no auditable paper trail. But Brazil’s system has been closely scrutinized by domestic and international experts who have never found evidence of it being exploited to commit fraud.
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BRASILIA, Brazil — More than three weeks after losing a reelection bid, President Jair Bolsonaro on Tuesday blamed a software bug and demanded the electoral authority annul votes cast on most of Brazil’s nation’s electronic voting machines, though independent experts say the bug doesn’t affect the reliability of results.
Such an action would leave Bolsonaro with 51% of the remaining valid votes — and a reelection victory, Marcelo de Bessa, the lawyer who filed the 33-page request on behalf of the president and his Liberal Party, told reporters.
The electoral authority has already declared victory for Bolsonaro’s nemesis, leftist former President Luiz Inácio Lula da Silva, and even many of the president’s allies have accepted the results. Protesters in cities across the country have steadfastly refused to do the same, particularly with Bolsonaro declining to concede.
Liberal Party leader Valdemar Costa and an auditor hired by the party told reporters in Brasilia that their evaluation found all machines dating from before 2020 — nearly 280,000 of them, or about 59% of the total used in the Oct. 30 runoff — lacked individual identification numbers in internal logs.
Neither explained how that might have affected election results, but said they were asking the electoral authority to invalidate all votes cast on those machines.
The complaint characterized the bug as “irreparable non-compliance due to malfunction” that called into question the authenticity of the results.
Immediately afterward, the head of the electoral authority issued a ruling that implicitly raised the possibility that Bolsonaro’s own party could suffer from such a challenge.
Alexandre de Moraes said the court would not consider the complaint unless the party offers an amended report within 24 hours that would include results from the first electoral round on Oct. 2, in which the Liberal Party won more seats in both congressional houses than any other.
The bug hadn’t been known previously, yet experts said it also doesn’t affect results. Each voting machine can still be easily identified through other means, like its city and voting district, according to Wilson Ruggiero, a professor of computer engineering and digital systems at the Polytechnic School of the University of Sao Paulo.
Diego Aranha, an associate professor of systems security at Aarhus University in Denmark, who has participated in official security tests of Brazil’s electoral system, agreed.
“It does not undermine the reliability or credibility in any way,” Ruggiero told The Associated Press by phone. “The key point that guarantees correctness is the digital signature associated with each voting machine.”
While the machines don’t have individual identification numbers in their internal logs, those numbers do appear on printed receipts that show the sum of all votes cast for each candidate, said Aranha, adding the bug was only detected due to the efforts by the electoral authority to provide greater transparency.
Bolsonaro’s less than two-point loss to da Silva on Oct. 30 was the narrowest margin since Brazil’s 1985 return to democracy. While the president hasn’t explicitly cried foul, he has refused to concede defeat or congratulate his opponent — leaving room for supporters to draw their own conclusions.
Many have been protesting relentlessly, making claims of election fraud and demanding that the armed forces intervene.
Dozens of Bolsonaro supporters gathered outside the news conference on Tuesday, decked out in the green and yellow of Brazil’s flag and chanting patriotic songs. Some verbally attacked and pushed journalists trying to enter the venue.
Bolsonaro spent more than a year claiming Brazil’s electronic voting system is prone to fraud, without ever presenting evidence.
Brazil began using an electronic voting system in 1996 and election security experts consider such systems less secure than hand-marked paper ballots, because they leave no auditable paper trail. But Brazil’s system has been closely scrutinized by domestic and international experts who have never found evidence of it being exploited to commit fraud.
The Senate’s president, Rodrigo Pacheco, said Tuesday afternoon that the election results are “unquestionable.”
Bolsonaro has been almost completely secluded in the official residence since his Oct. 30 defeat, inviting widespread speculation as to whether he is dejected or plotting to cling to power.
In an interview with newspaper O Globo, Vice President Hamilton Mourão chalked up Bolsonaro’s absence to erysipelas, a skin infection on his legs that he said prevents the president from wearing pants.
But his his son Eduardo Bolsonaro, a federal lawmaker, has been more direct.
“We always distrusted these machines. … We want a massive audit,” the younger Bolsonaro said last week at a conference in Mexico City. “There is very strong evidence to order an investigation of Brazil’s election.”
For its audit, the Liberal Party hired the Legal Vote Institute, a group that has been critical of the current system, saying it defies the law by failing to provide a digital record of every individual vote.
In a separate report presented earlier this month, the Brazilian military said there were flaws in the country’s electoral systems and proposed improvements, but didn’t substantiate claims of fraud from some of Bolsonaro’s supporters.
Analysts have suggested that the armed forces, which have been a key component of Bolsonaro’s administration, may have maintained a semblance of uncertainty over the issue to avoid displeasing the president. In a subsequent statement, the Defense Ministry stressed that while it had not found any evidence of fraud in the vote counting, it could not exclude that possibility.
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Biller reported from Rio de Janeiro. Associated Press writer Mark Stevenson in Mexico City contributed to this report.
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RIO DE JANEIRO — The defense ministry released a report Wednesday highlighting flaws in Brazil’s electoral systems and proposing improvements, but there was nothing to substantiate claims of fraud from some of President Jair Bolsonaro’s supporters protesting his Oct. 30 defeat.
It was the first comment by the military on the runoff election, which has drawn protests nationwide even as the transition has begun for President-elect Luiz Inácio Lula da Silva’s inauguration Jan. 1. Thousands have been gathering outside military installations in Rio de Janeiro, Sao Paulo, Brasilia and other cities calling for intervention by the armed forces to keep Bolsonaro in office.
When the defense ministry announced this week that it would present its report on the election, some Bolsonaro supporters rejoiced, anticipating the imminent revelation of a smoking gun. That didn’t happen.
“There is nothing astonishing in the document,” Diego Aranha, an associate professor of systems security at Aarhus University in Denmark, who has been a member of the Brazilian electoral authority’s public security tests, told The Associated Press. “The limitations found are the same ones analysts have been complaining about for decades … but that doesn’t point to evidence of irregularity.”
Defense Minister Paulo Nogueira wrote that “it is not possible to say” with certainty the computerzed vote tabulation system hasn’t been infilitrated by malicious code, but the 65-page report does not cite any abnormalities in the vote count. Based on the possible risk, however, the report suggests creating a commission comprised of members of civil society and auditing entities to further investigate the functioning of the electronic voting machines.
Bolsonaro, whose less than two-point loss was the narrowest margin since Brazil’s 1985 return to democracy, hasn’t specifically cried foul since the election.
Still, his continued refusal to concede defeat or congratulate his opponent left ample room for supporters to draw their own conclusions. And that followed more than a year of Bolsonaro repeatedly claiming Brazil’s electronic voting system is prone to fraud, without ever presenting any evidence — even when ordered to do so by the electoral authority.
In the months leading up to the vote, as polls showed him trailing da Silva, Bolsonaro pushed for the military to take on an expanded role in the electoral process. The election authority, in a gesture apparently aimed at placating the president, allowed for armed forces’ unprecedented participation. The report presented Wednesday was signed by the defense minister and representatives from the army, navy and air force.
The electoral authority said in a statement it “received with satisfaction the defense ministry’s final report that, like all other oversight bodies, did not point to the existence of any fraud or inconsistency in the electronic voting machines and 2022 electoral process.”
Bolsonaro didn’t immediately comment on the report, nor did the presidential palace respond to an AP email. His party’s leader said Tuesday the president would question election results only if the report provided “real” evidence.
Da Silva, speaking Wednesday in the capital, Brasilia, on his first visit since the election, told reporters that the vote was clean and Brazil’s electronic voting machine system is an achievement.
“No one will believe coup-mongering discourse from someone who lost the elections,” da Silva said. “We know that the institutions were attacked by some government authorities.”
Brazil began using an electronic voting system in 1996. Election security experts consider such systems less secure than hand-marked paper ballots, because they leave no auditable paper trail. Brazil’s system is, however, closely scrutinized and domestic authorities and international observers have never found evidence of it being exploited to commit fraud. Outside security audits have been done to prevent the system’s software from being surreptitiously altered. In addition, prior to election day, tests are conducted to assure no tampering has occurred.
The electoral authority said in its statement Wednesday that it would analyze the defense ministry’s suggestions. Aranha, the system security professor, said the military’s suggestions to address flaws aren’t specific and would actually make an audit even more difficult.
This year, the armed forces also conducted a partial audit, comparing hundreds of voting stations’ results to the official tally. The idea was first floated by Bolsonaro, who in May said they “will not perform the role of just rubber stamping the electoral process, or taking part as spectators.”
The federal government’s accounts watchdog carried out a partial audit similar to that of the military, tallying votes in 604 voting machines across Brazil. It found no discrepancies. Likewise, Brazil’s Bar Association said in a report Tuesday that it had found nothing that pointed to suspicion of irregularities.
“There are important lessons from all this,” said Paulo Calmon, a political science professor at the University of Brasilia, who continued: “primarily, the idea to formally involve the armed forces in electoral processes is an error that should never be repeated.”
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Associated Press writer Carla Bridi reported from Brasilia. AP videojournalist Juan Arraez and writer David Biller in Rio de Janeiro contributed to this report.
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HOUSTON — The leaders of a Texas-based group that promotes election conspiracy theories were jailed Monday for not complying with a court order to provide information in a defamation lawsuit over some of their claims.
Catherine Engelbrecht and Gregg Phillips, who run True the Vote, were ordered detained by U.S. Marshals, according to an order signed by U.S. District Judge Kenneth Hoyt in Houston. They will be held for at least one day or “until they fully comply with the Court’s Order,” Hoyt wrote.
Houston-based True the Vote provided research for a debunked documentary that alleged widespread voter fraud in the 2020 election. Engelbrecht, Phillips and their nonprofit organization are being sued by Michigan-based election software provider Konnech Inc. over True the Vote’s claims of a Chinese-related conspiracy involving U.S. poll workers’ information.
Alfredo Perez, a spokesman for the U.S. Marshals Service in Houston, said Monday that Engelbrecht and Phillips were in the law enforcement agency’s custody.
True the Vote said in a statement read during a video livestream Monday that its attorneys would appeal Hoyt’s ruling.
Konnech provides election software used to recruit and train poll workers. It has accused Engelbrecht, Phillips and their group of falsely claiming that Konnech stored the personal information of U.S. election workers in an unsecured server in China.
The lawsuit also alleges True the Vote’s leaders illegally downloaded from Konnech’s server the personal data of 1.8 million U.S. poll workers.
Konnech says all of its U.S. customer data is secured and stored on “protected computers within the United States.”
Hoyt issued a temporary restraining order earlier in October telling Engelbrecht and Phillips to return all data belonging to Konnech and reveal the names of anyone who helped access it.
In a court hearing last week, Phillips declined to reveal the name of an analyst who reviewed the data.
True the Vote quoted Engelbrecht in its statement as saying that the group does not believe the person was covered by Hoyt’s disclosure order.
Konnech’s lawsuit accuses Engelbrecht and Phillips of “racism and xenophobia” by making “baseless claims” that “the Chinese Communist Party is somehow controlling U.S. elections through Konnech because its founder and some of its employees are of Chinese descent.”
Konnech’s CEO and founder, Eugene Yu, 65, is a naturalized U.S. citizen who was born in China, according to his attorneys. He has lived with his family in Michigan for more than 20 years.
Engelbrecht and Phillips have pointed out that Los Angeles County prosecutors recently charged Yu with grand theft by embezzlement and conspiracy to commit a crime.
Prosecutors allege that Konnech violated its contract with Los Angeles County by sending election workers’ information to a China-based subcontractor who helped fix Konnech software.
Gary S. Lincenberg, one of Yu’s attorneys, has denied the allegations.
“This is a deeply misguided prosecution that attempts to criminalize what is, at best, a civil breach of contract claim involving poll worker management software,” Lincenberg said last week in a court filing.
True the Vote’s claims of election fraud have been widely discredited.
Cellphone data analysis done by True the Vote was used by conservative filmmaker Dinesh D’Souza in his film “2000 Mules” to try to show that Democratic operatives were paid to illegally collect and drop off ballots in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.
Independent fact-checkers, including at The Associated Press, found that True the Vote did not prove its claims. Election security experts say it is based on faulty assumptions, anonymous accounts and improper analysis of cellphone location data. Georgia election officials also have said the claims are false.
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Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70
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Associated Press writer Terry Wallace in Dallas contributed to this report.
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NEW YORK — Former President Donald Trump on Monday sued CNN, seeking $475 million in damages, saying the network had defamed him in an effort to short-circuit any future political campaign.
The lawsuit, filed in U.S. District Court in Fort Lauderdale, Florida, focuses primarily on the term “The Big Lie” about Trump’s false claims of widespread fraud that he says cost him the 2020 presidential election to Joe Biden.
CNN said it had no comment on the lawsuit.
Trump repeatedly attacked CNN as president, which resonated with his conservative followers. He has similarly filed lawsuits against big tech companies with little success. His case against Twitter for knocking him off its platform following the Jan. 6, 2021, U.S. Capitol insurrection was thrown out by a California judge earlier this year.
Numerous federal and local election officials in both parties, a long list of courts, top former campaign staffers and even Trump’s own attorney general have all said there is no evidence of the election fraud he alleges.
Trump’s lawsuit claims “The Big Lie,” a phrase with Nazi connotations, has been used in reference to him more than 7,700 times on CNN since January 2021.
“It is intended to aggravate, scare and trigger people,” he said.
In a statement Monday, Trump suggested that similar lawsuits would be filed against other news organizations. And he said he may also bring “appropriate action” against the House committee investigating the Jan. 6 attack on the Capitol by his supporters. The lawsuit comes as he is weighing a potential bid for the presidency in 2024.
New CNN chief Chris Licht privately urged his news personnel in a meeting more than three months ago to refrain from using the phrase because it is too close to Democratic efforts to brand the former president, according to several published reports.
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