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Javier E

Energy Firms in Secretive Alliance With Attorneys General - NYTimes.com - 0 views

  • “When you use a public office, pretty shamelessly, to vouch for a private party with substantial financial interest without the disclosure of the true authorship, that is a dangerous practice,” said David B. Frohnmayer, a Republican who served a decade as attorney general in Oregon. “The puppeteer behind the stage is pulling strings, and you can’t see. I don’t like that. And when it is exposed, it makes you feel used.”
  • Industries that he regulates have also joined him as plaintiffs in court challenges, a departure from the usual role of the state attorney general, who traditionally sues companies to force compliance with state law.Energy industry lobbyists have also distributed draft legislation to attorneys general and asked them to help push it through state legislatures to give the attorneys general clearer authority to challenge the Obama regulatory agenda, the documents show.
  • “It is quite new,” said Paul Nolette, a political-science professor at Marquette University and the author of the forthcoming book “Federalism on Trial: State Attorneys General and National Policy Making in Contemporary America.” “The scope, size and tenor of these collaborations is, without question, unprecedented.”
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  • it is an emerging practice that several former attorneys general say threatens the integrity of the office.“It is a magnificent and noble institution, the office of attorney general, as it is truly the lawyer for the people,”
  • “That independence is clearly at risk here. What is happening diminishes the reputation of individual attorneys general and the community as a group.”
  • But Mr. Pruitt’s ties with industry are clear. One of his closest partners has been Harold G. Hamm, the billionaire chief executive of Continental Resources, which is among the biggest oil and gas drilling companies in both Oklahoma and North Dakota.
  • Mr. Miller’s pitch to Mr. Pruitt became a reality early last year at the historic Skirvin Hilton Hotel in Oklahoma City, where he brought together an extraordinary assembly of energy industry power brokers and attorneys general from nine states for what he called the Summit on Federalism and the Future of Fossil Fuels.
  • The event was organized by an energy-industry-funded law and economics center at George Mason University of Virginia. The center is part of the brain trust of conservative, pro-industry groups that have worked from the sidelines to help Mr. Pruitt and other attorneys general.
  • Attorneys general said they had no choice but to team up with corporate America. “When the federal government oversteps its legal authority and takes actions that hurt our businesses and residents, it’s entirely appropriate for us to partner with the adversely affected private entities in fighting back,” said Attorney General Pam Bondi of Florida, whose top deputy attended the meeting.
  • And the input poured forth. The states worked to detail major federal environmental action, like efforts to curb fish kills, reduce ozone pollution, slow climate change and tighten regulation of coal ash. Then they identified which attorney general’s office was best positioned to try to monitor it and, if necessary, attempt to block it.
Javier E

Stolen Elections, Voting Dogs And Other Fantastic Fables From The GOP Voter Fraud Mytho... - 0 views

  • Numerous studies have found that voter fraud is far from a major issue in the U.S., and in-person fraud of the sort Trump and Kobach like to talk about — things like non-citizens showing up to vote or people returning to vote multiple times under different names — is vanishingly rare. A 2007 study by NYU’s Brennan Center for Justice memorably found that an individual American is more likely to get struck by lightning than to commit in-person voter fraud.
  • as of last summer, 68 percent of Republicans thought millions of illegal immigrants had voted in 2016, and almost three quarters said voter fraud happens “somewhat” or “very often.” The same survey found that nearly half of Republicans believed Trump had won the popular vote.
  • The idea that Nixon gracefully and expeditiously chose not to fight the outcome is a myth, the historian David Greenberg demonstrated back in 2000. Nixon did, however, eventually give in — but in the process, he turned the notion that the Democrats had stolen the election into an article of faith among Republicans, especially conservative ones.
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  • or decades, complaints about “voter fraud” have been a core component of Republican right-wing folklore — and one of their most useful election-year tools, particularly in places where winning the white vote isn’t enough to win elections.
  • The effect was immediate. In 1961, the Republican National Committee launched a “ballot security program,” explained in a pamphlet published by its Women’s Division. Party workers were advised to place poll watchers outside the polls with cameras.
  • Ultimately, that year Barr reported that his workers had “discouraged or successfully challenged 50,000 illegally registered voters.” This claim was baldly fantastical. Meanwhile, in Arizona, future Supreme Court Chief Justice William Rehnquist ran Operation Eagle Eye in Phoenix’s Maricopa County. Federal judge Charles Hardy later recalled that Eagle Eye workers in Democratic-majority precincts challenged “every black or Mexican voter,” demanding that they read a passage from the Constitution
  • Barr expanded Operation Eagle Eye to help Senator Barry Goldwater’s bid for the presidency in 1964. The RNC sent 1.8 million letters to registered voters nationwide — a practice called voter caging. If a letter couldn’t be delivered for any reason, it would represent a reason to challenge the voter as illegitimate.
  • One document from state-level GOP operations obtained by the Democratic National Committee instructed workers to stall lines in Democratic precincts. In another document, a state ballot security office in Louisiana explained that “all sheriffs in the state of Louisiana, except one, are sympathetic with Senator Goldwater’s election. We should take full advantage of this situation.”
  • Unsurprisingly, the effort did less to restore confidence than it did to stoke paranoia. In Houston, the Austin American newspaper looked for the more than a thousand “fictitious” or ineligible registrations claimed by the GOP county chairman. It found nothing but some simple clerical errors. In Long Beach, California, another newspaper investigation found that seven of eight people on a list of ineligible voters “were just as eligible as can be.” In Oshkosh, Wisconsin, annoyed voters called the police on the Eagle Eyes. In Miami, a circuit court judge enjoined Citizens for Goldwater for “illegal mass challenging without cause, conducted in such a manner as to obstruct the orderly conduct of the election.
  • the extent to which blocking voting opportunities for Democratic constituencies had become baked into conservative Republican culture became evident when Jimmy Carter proposed a package of electoral reforms in March of 1977. These included national same-day registration.
  • As historian Greg Downs recently wrote for TPM, the entire system of voter registration had been designed, back in the nineteenth century, to dampen democratic participation by immigrants and black Southerners that threatened native-born white dominance. A century later, conservatives went to the mat to preserve it.
  • At first, legislators from both parties enthusiastically endorsed same-day registration. Then, conservatives convinced the Republican Party establishment that, as the conservative newspaper Human Events put it, it would represent “Euthenasia for the GOP,” because “the bulk of these extra votes would go to the Democratic Party.” It pointed to a political scientist who said national turnout would go up 10 percent under the plan, but made it clear that the wrong people would be voting: most of the increase would come from “blacks and other traditionally Democratic voter groups.” The Heritage Foundation argued the reforms would “allow eight million illegal aliens in the U.S.” to vote
  • Weyrich made the dubious nature of the New Right’s definition of “free elections” more explicit. Speaking at an Evangelical gathering in 1980 alongside Reagan, he warned Christians against the “good government syndrome.
  • “I don’t want everyone to vote,” he said. “Elections are not won by a majority of the people… As a matter of fact, our leverage in the election quite candidly goes up as the voting population goes down. We have no responsibility, moral or otherwise, to turn out our opposition. It’s important to turn out those who are with us.”
  • The DNC and the New Jersey Democratic Party sued, and finally, as part of a settlement designed to stanch voter intimidation, the RNC entered a consent decree agreeing not to run any ballot-security efforts specifically targeting districts for their racial makeup.
  • The state Republican Party sent 125,000 postcards to recipients in Democratic areas who turned out to be 97 percent black, falsely claiming that a voter who had moved within 30 days of the election couldn’t vote, and noting that giving false information to an election official was punishable by up to five years in jail.
  • Both the 1986 and 1990 incidents led to new consent decrees. Neither dampened Republican enthusiasm to use fraud allegations as a political tool. In fact, by this time, it had become one of the conservative movement’s go-to responses to all kinds of perceived threats.
  • So too were ongoing Republican efforts to fight the liberalization of voter registration. In 1988, Kentucky’s Mitch McConnell — having been first elected to the Senate in a close vote in 1984 — argued in the American Bar Association Journal against a bill that would require mail-in registration systems nationwide. Liberal registration systems might be fine in places like North Dakota and Minnesota, he wrote, but “for other states like mine, and regions where one party dominates and people are poor, election fraud is a constant curse.”
  • Taking a page from Reagan and Weyrich, McConnell wrote that “relatively low voter turnout is a sign of a content democracy,” an observation that was, he argued, “heresy to some, blasphemy to others, and worst of all, politically incorrect.” Motor Voter could “foster election fraud and thus debase the entire political process,” he wrote. And anyway, “We should ask ourselves: How easy should voting be? Is it too much to ask that people have a passing interest in the political process, 10, 20, or 30 days prior to an election and that they go down to the courthouse, or the library, to register?”
  • Rep. Spencer Bachus of Alabama was more explicit, alleging that the Motor Voter bill would register “millions of welfare recipients, illegal aliens, and taxpayer funded entitlement recipients.”
  • In 1992, George H.W. Bush vetoed Motor Voter, calling it an “open invitation to fraud and corruption.” But it passed the next year, essentially on a party line vote, and Bill Clinton signed it into law.
  • Motor Voter was responsible for tens of millions of new voter registrations. But its roll-out wasn’t smooth. Many states resisted implementing parts of it, particularly the part about letting people sign up to vote at the offices where they received government benefits. In 1994, McConnell pushed to remove WIC offices from the list of places where voter registration must be offered. This had nothing to do with his original opposition to Motor Voter, he insisted. He was just concerned that “WIC workers will have to spend valuable time and money on an activity that is totally unrelated to the mission of the WIC program.”
  • Between 1999 and 2000, the Jeb Bush administration carried out a voter purge with a sloppy vengeance. It contracted with a private company, DBT, to produce “scrub lists” of ineligible voters. In her recounting of this episode, the New Yorker’s Jane Mayer notes that DBT received an award for “innovative excellence” in 1999 by a conservative group called the Voting Integrity Project, which had been pushing states to purge their rolls. DBT’s lists ended up including almost 1 percent of Florida’s electorate and nearly 3 percent of its black voters. But they were enormously messy.
  • voters were identified as candidates for the purge just because “their name, gender, birthdate and race matched — or nearly matched — one of the tens of millions of ex-felons in the United States.” DBT proposed refining its lists using address histories or financial records, but the state declined to take it up on the offer.
  • Similar purges went down across the country. A report drawn up by the House Judiciary Committee’s Democratic staff after the 2000 election found that “voters in the majority of states reported being improperly excluded or purged from voting rolls.”
  • As Joshua A. Douglas, a University of Kentucky law professor, tells the story, Bond took the stage at an Election Night rally, pounding the podium and screaming “this is an outrage!” He blamed Ashcroft’s loss on votes cast by dead people and dogs. Specifically, Bond spoke frequently of a Springer Spaniel named Ritzy Mekler. As it turned out, someone had indeed registered Ritzy, but the dog never cast a vote. Later investigations found only six definitively illegitimate votes out of the more than 2 million cast in all of Missouri that year.
  • But the post-election chaos in Florida that year was, of course, of a whole different order, and would refocus the GOP for more than a decade on the potency of a handful of votes
  • Given the astoundingly slim final official margin of 537 votes, it was easy for observers to rightfully attribute the outcome to any number of efforts to skew the vote or accidents of history: If Republicans hadn’t convinced state officials to count overseas absentee ballots that didn’t comply with state laws, or if the state hadn’t disenfranchised thousands of people falsely judged to be felons, or if Ralph Nader hadn’t run, or if Palm Beach County hadn’t used weirdly designed ballots, everything might have been different.
  • for Republicans, one clear lesson from 2000 was that any move to keep potential Democratic voters away from the polls might win them an election.
  • Ultimately, the federal ID requirement wasn’t terribly onerous, but Minnite writes that it was significant; it “embedded a party tactic into federal law and signaled approval for a new partisan movement in the states to encumber voters with unnecessary identification requirements.”
  • In the next presidential election year, 2004, talk of voter fraud was everywhere. Conservative activists targeted the community group ACORN in multiple states where it was registering voters. (In several cases, the organization’s employees turned out to have forged the registration forms — but not in the hope of casting illegitimate votes. Instead, they were trying to hit a quota set by the organization that required volunteers to collect a certain number of registrations.) In Washington State, after a super-close gubernatorial election, Republican Dino Rossi refused to concede until nearly six months after his opponent was sworn in, claiming there was illegal voting. And back in Florida, the Bush campaign got caught with caging lists made up of mostly African-American voters that it planned to use to challenge people at the polls.
  • Rove was convinced that some U.S. attorneys weren’t doing enough to make hay over voter fraud charges. Between 2005 and 2006, the administration fired nine U.S. attorneys. It would become one of the major scandals of the Bush presidency.
  • One of the fired attorneys, David C. Iglesias of New Mexico, later explained that he’d been asked to resign after declining to file corruption charges against local Democrats. Another, John McKay of Washington, said he suspected his firing had to do with his decision not to call a grand jury to investigate voter fraud in the governor’s race in 2004, which Rossi lost by just a few hundred votes. The Washington Post reported that five of the 12 U.S. attorneys the administration dismissed or considered for dismissal in 2006 oversaw districts that Rove and his deputies saw as “trouble spots for voter fraud,” including New Mexico, Nevada, Washington State, Kansas City and Milwaukee
  • Gonzales and the Justice Department later acknowledged that they had fired U.S. Attorney Bud Cummings in Arkansas to make way for Tim Griffin, a former Rove aid who had been involved with the caging in Florida in 2004. Griffin ended up stepping down from the post in 2007 after the scandal broke, and Gonzales lost his own job later that summer.
  • Today, though, Griffin is happily serving as lieutenant governor of Arkansas. Gonzales avoided criminal charges and now serves as dean of Belmont University in Tennessee. Hans von Spakovsky and one of the conservative activists Bradley Schlozman had hired as a DOJ attorney, J. Christian Adams, reprised their Bush-era roles by becoming members of Trump’s voter fraud commission last year. Few of the other people responsible for spreading the voter fraud myth faced any consequences at all.
  • This past January, a judge allowed the 1982 consent decree that banned the RNC from racially motivated voter security operations to expire. In June, the Supreme Court ruled that Ohio could purge occasional voters from its voter rolls if they don’t return a mailed address-confirmation form.
rachelramirez

Jeff Sessions Wanted to 'Drop the Case' Against KKK Lynching, Attorney Testified - The ... - 0 views

  • Jeff Sessions Wanted to ‘Drop the Case’ Against KKK Lynching, Attorney Testified
  • they’re sure to include questions that were raised when he was nominated for a federal judgeship in 1986. His confirmation was derailed largely by the testimony of Thomas Figures, an assistant U.S. attorney in Alabama when Sessions was U.S. attorney.
  • Sessions and his supporters, then as now, defend his civil rights record based on several cases to which Figures was also assigned, including the conviction of Henry Hays for the 1981 murder by lynching of a Donald Figures.
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  • Sessions had once told him that “he believed the NAACP, the SCLC, Operation PUSH, and the National Council of Churches were all un-American organizations teaching anti-American values.”
  • He was convicted, sentenced to death, and executed in Alabama’s infamous Yellow Mama electric chair in 1997, the first white man executed for killing a black man in Alabama since 1913, which Sessions noted in his attorney general questionnaire.
  • Judge Braxton Kittrell presided but did not comment on Sessions’s role in the prosecution when he testified before the Senate in 1986.
  • The FBI investigated at the request of the district attorney but turned up no suspects. Encouraged by his brother, the attorney for Donald’s mother, Figures pushed for a second FBI investigation, and eventually a grand jury which returned indictments against Knowles and Hays, who were arrested in June 1983.
  • During the Donald case, Sessions allegedly told Figures and others he liked the Klan until he found out they smoked marijuana.
  • Session replied “something to the effect of, ‘I didn’t know that Klansmen used marijuana now,” Kowalski said, and that “he used to have respect for that organization but now he no longer does, knowing they use drugs.”
  • Sessions was denied confirmation thanks to the allegations of racism and abuse of power, making him the first Reagan appointee not approved by the Senate, and only the second nominee to the district court bench rejected in 49 years.
  • In 1992 a federal grand jury charged Figures for allegedly bribing a drug dealer not to testify against his client, a prosecution many viewed as retaliatory.
  • Senators on the Judiciary Committee will have only Figures’s 1986 testimony to go on when hearings begin next week. He died in January 2015, then serving as a municipal judge in Mobile.
clairemann

Steve Bannon criminal probe in N.Y. includes embedded investigators from state attorney... - 0 views

  • The New York attorney general's office has partnered with Manhattan's district attorney to investigate Stephen K. Bannon for the alleged fundraising scam that prompted his federal pardon in the waning hours of Donald Trump's presidency, according to people familiar with the matter. The move adds prosecutorial firepower to a criminal case widely seen as an attempted end-run around the former president's bid to protect a political ally.
  • James has built a reputation, in part, around her promises to hold Trump and his associates accountable for alleged misdeeds, and she sued his administration several times over policy decisions that affected New Yorkers.
  • White House strategist, goes beyond his alleged role in what federal prosecutors characterized last summer as a lucrative ploy to defraud donors of a private effort to expand the U.S.-Mexico border wall.
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  • Trump’s pardon, a one-page document bearing a Justice Department seal, clears Bannon of “offenses charged” in the border-wall donation drive and “for any other offenses” that could be charged in connection to it.
  • Presidential pardons do not apply to state investigations.
  • Such collaboration between the attorney general and the district attorney is rare. The two law enforcement officials are overseeing separate inquiries into Trump and his business dealings, investigations focused on whether the values of certain assets were manipulated to gain tax benefits and favorable loan rates in violation of the state law, but it is not believed the two agencies are coordinating.
  • As state attorney general, James has original jurisdiction over money laundering cases in New York, one person familiar with the collaboration between her office and Vance’s said, while the district attorney can prosecute any criminal offense suspected of occurring in Manhattan. It is possible Bannon could face criminal prosecution and potential civil action, although it is not clear whether such a consideration has been discussed.
carolinehayter

The New York attorney general holding Trump and Cuomo accountable | New York | The Guar... - 0 views

  • Letitia James has been making big legal waves, from investigating the Trumps to Cuomo’s nursing home scandal, generating a torrent of national attention
  • Over the course of their long and controversial careers, both men have seemed untouchable. But thanks to the recent work of one lifelong public servant, who was born into a big family in Brooklyn without legacy money or power, each man is suddenly facing a moment of unaccustomed accountability.
  • The state attorney general, Letitia James, the first woman of color ever to hold statewide elected office in New York, blasted a hole in the fable of Cuomo’s pandemic leadership with a report in January showing the state was under-reporting deaths in nursing homes by as much as half.
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  • A quick succession of sexual harassment claims against Cuomo in the ensuing weeks has knocked him from his political perch
  • Trump might be in even greater peril. Since 2019, James’s office has been conducting an investigation of business practices inside the Trump Organization and family. Trump has fought fiercely in court, but month after month, James has succeeded in unearthing financial records that appear to be adding up to a giant legal hazard for the former president, analysts say.
  • The Trump case and the Cuomo nursing home scandal have generated a torrent of national attention for James, with people outside New York politics wondering how a single state officer could make such big legal waves.
  • As state attorney general, James has aggressively pursued a full catalogue of progressive causes.She sued the police department over brutality against people of color, blocked unlawful evictions during the pandemic, won a major sexual harassment settlement for women in the construction industry, filed an amicus brief before the supreme court opposing a rushed census, and sued to dissolve the National Rifle Association.She also sued Amazon for allegedly failing to protect workers, sued Facebook as an alleged monopoly and investigated Google on similar grounds. She has asked federal regulators to clamp down on toxins in baby food and called for student debt relief
  • “I see the law both as a shield and as a sword,” she said in a public discussion last year about Black leadership. “And so I wake up every day with a fire in my belly, and I march into the office – well, I actually march into my kitchen – and the question is, what can I do today to make a difference in the life of somebody? Who can I sue?”
  • she argues that “the law should be a tool for social change”
  • “When I looked around the courtroom, all the defendants and all the family members looked like me, but everyone in a position of power did not, and there was something really unbalanced about that and unfair about that,” James told Miller
  • Before her election to the New York city council in 2003, James worked as a public defender, as counsel to the speaker of the state assembly and as an assistant attorney general for Brooklyn, where she targeted predatory lenders, advocated for working families and brought the first case against the New York City police department for so-called stop-and-frisk abuses.
  • “She told us that she would be independent of the governor and I think she’s proven that,” he said.
  • “I think she wants to be governor, I think that’s clear, and she’d be a formidable candidate,” said Albro.“I think she’d be a formidable candidate because she is very well liked and known in the city and that’s a big chunk of the vote.”
Javier E

Trump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting AG - The New York Times - 0 views

  • When Mr. Trump said on Dec. 14 that Attorney General William P. Barr was leaving the department, some officials thought that he might allow Mr. Rosen a short reprieve before pressing him about voter fraud. After all, Mr. Barr would be around for another week.
  • Instead, Mr. Trump summoned Mr. Rosen to the Oval Office the next day. He wanted the Justice Department to file legal briefs supporting his allies’ lawsuits seeking to overturn his election loss. And he urged Mr. Rosen to appoint special counsels to investigate not only unfounded accusations of widespread voter fraud, but also Dominion, the voting machines firm.
  • Mr. Rosen refused. He maintained that he would make decisions based on the facts and the law, and he reiterated what Mr. Barr had privately told Mr. Trump: The department had investigated voting irregularities and found no evidence of widespread fraud.
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  • But Mr. Trump continued to press Mr. Rosen after the meeting — in phone calls and in person. He repeatedly said that he did not understand why the Justice Department had not found evidence that supported conspiracy theories about the election that some of his personal lawyers had espoused. He declared that the department was not fighting hard enough for him.
  • As Mr. Rosen and the deputy attorney general, Richard P. Donoghue, pushed back, they were unaware that Mr. Clark had been introduced to Mr. Trump by a Pennsylvania politician and had told the president that he agreed that fraud had affected the election results.
  • As December wore on, Mr. Clark mentioned to Mr. Rosen and Mr. Donoghue that he spent a lot of time reading on the internet — a comment that alarmed them because they inferred that he believed the unfounded conspiracy theory that Mr. Trump had won the election. Mr. Clark also told them that he wanted the department to hold a news conference announcing that it was investigating serious accusations of election fraud. Mr. Rosen and Mr. Donoghue rejected the proposal.
  • As Mr. Trump focused increasingly on Georgia, a state he lost narrowly to Mr. Biden, he complained to Justice Department leaders that the U.S. attorney in Atlanta, Byung J. Pak, was not trying to find evidence for false election claims pushed by Mr. Trump’s lawyer Rudolph W. Giuliani and others. Mr. Donoghue warned Mr. Pak that the president was now fixated on his office, and that it might not be tenable for him to continue to lead it, according to two people familiar with the conversation.That conversation and Mr. Trump’s efforts to pressure Georgia’s Republican secretary of state to “find” him votes compelled Mr. Pak to abruptly resign this month.
  • Mr. Trump seemed somewhat swayed by the idea that firing Mr. Rosen would trigger not only chaos at the Justice Department, but also congressional investigations and possibly recriminations from other Republicans and distract attention from his efforts to overturn the election results.
  • Unbeknown to the acting attorney general, Mr. Clark’s timeline moved up. He met with Mr. Trump over the weekend, then informed Mr. Rosen midday on Sunday that the president intended to replace him with Mr. Clark, who could then try to stop Congress from certifying the Electoral College results. He said that Mr. Rosen could stay on as his deputy attorney general, leaving Mr. Rosen speechless.
  • Unwilling to step down without a fight, Mr. Rosen said that he needed to hear straight from Mr. Trump and worked with the White House counsel, Pat A. Cipollone, to convene a meeting for early that evening.
  • Mr. Rosen and Mr. Donoghue pressed ahead, informing Steven Engel, the head of the Justice Department’s office of legal counsel, about Mr. Clark’s latest maneuver. Mr. Donoghue convened a late-afternoon call with the department’s remaining senior leaders, laying out Mr. Clark’s efforts to replace Mr. Rosen.
  • Mr. Rosen planned to soon head to the White House to discuss his fate, Mr. Donoghue told the group. Should Mr. Rosen be fired, they all agreed to resign en masse. For some, the plan brought to mind the so-called Saturday Night Massacre of the Nixon era, where Attorney General Elliot L. Richardson and his deputy resigned rather than carry out the president’s order to fire the special prosecutor investigating him.
  • The Clark plan, the officials concluded, would seriously harm the department, the government and the rule of law
  • Mr. Clark was also focused on Georgia. He drafted a letter that he wanted Mr. Rosen to send to Georgia state legislators that wrongly said that the Justice Department was investigating accusations of voter fraud in their state, and that they should move to void Mr. Biden’s win there.Mr. Rosen and Mr. Donoghue again rejected Mr. Clark’s proposal.On New Year’s Eve, the trio met to discuss Mr. Clark’s refusal to hew to the department’s conclusion that the election results were valid. Mr. Donoghue flatly told Mr. Clark that what he was doing was wrong. The next day, Mr. Clark told Mr. Rosen — who had mentored him while they worked together at the law firm Kirkland & Ellis — that he was going to discuss his strategy with the president early the next week, just before Congress was set to certify Mr. Biden’s electoral victory.
  • After nearly three hours, Mr. Trump ultimately decided that Mr. Clark’s plan would fail, and he allowed Mr. Rosen to stay
martinelligi

William Barr To Step Down As Attorney General Before Christmas : NPR - 0 views

  • Attorney General William Barr, an outspoken proponent of conservative values and an expansive view of presidential power, will leave office before Christmas, President Trump announced in a tweet Monday afternoon.
  • Earlier this month, Barr said the DOJ found no evidence of widespread election fraud, directly contradicting President Trump's baseless claims that the election was stolen by Democrats. Ahead of the election, Barr had stood by the president, repeating his unsubstantiated claims that mail-in voting was ripe for fraud.
  • In less than two years on the job, Barr emerged as perhaps the most divisive attorney general in recent memory for a series of controversial actions, including his handling of special counsel Robert Mueller's report on the Russia investigation and his repeated false claims about the integrity of mail-in voting.
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  • But his legacy will forever be stamped by his role leading the forceful removal of peaceful protesters from Lafayette Park in the summer of 2020 to clear the way for a presidential photo op in front of a nearby church.
  • Republicans and Democrats alike had hopes that Barr could bring leadership and a steady hand to the department, which had found itself in the middle of Washington's brutal partisan battles since the 2016 election.
  • Graham and other supporters said criticism over Barr's actions was unmerited and politically driven. Backers say he has not done anything outside the realm of what any other attorney general would do.
  • But behind the scenes, Barr grew frustrated by the president's tweets and public statements about the department's ongoing cases, people close to Barr say. The attorney general was sensitive about the perception that he wasn't an independent officer but a political factotum of the president.
  • In an interview with ABC News a few days later, Barr said the president's tweets were making it "impossible" for him to his job. He urged the president to stop publicly discussing the department's work.
mattrenz16

Merrick Garland Is Confirmed as Attorney General - The New York Times - 0 views

  • WASHINGTON — The Senate voted to confirm Merrick B. Garland on Wednesday to serve as attorney general, giving the former prosecutor and widely respected federal judge the task of leading the Justice Department at a time when the nation faces domestic extremist threats and a reckoning over civil rights.
  • “Attorney General Garland will lead the Department of Justice with honesty and integrity,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the Senate Judiciary Committee, said in a statement. “He has a big job ahead of him, but I can’t think of anyone I’d rather have in his place.”
  • Judge Garland has amassed decades of credentials in the law. He clerked for Justice William J. Brennan Jr., worked for years as a federal prosecutor and led major investigations into the 1995 Oklahoma City bombing and others before being confirmed to the Court of Appeals for the District of Columbia Circuit in 1997.
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  • But Mr. McConnell, who said last year that he would support Judge Garland to serve as attorney general, was among the Republicans who voted for his confirmation and a day earlier to end debate over his nomination, paving the way for the full Senate to vote.
  • He was chosen by President Barack Obama in 2016 to join the Supreme Court only to see his nomination held up for eight months in an audacious political maneuver by Senator Mitch McConnell, Republican of Kentucky and the majority leader at the time. The move ultimately allowed Mr. Trump to choose his own nominee to fill the seat.
  • The Capitol riot investigation has grown closer to Roger J. Stone Jr., one of Mr. Trump’s allies, and the F.B.I. has found evidence of communications between right-wing extremists and White House associates, underscoring how closely Mr. Trump had aligned himself with such groups during his presidency.
  • “I supervised the prosecution of the perpetrators of the bombing of the Oklahoma City federal building, who sought to spark a revolution that would topple the federal government,” he said. “I will supervise the prosecution of white supremacists and others who stormed the Capitol on Jan. 6, a heinous attack that sought to disrupt a cornerstone of our democracy, the peaceful transfer of power to a newly elected government.”
  • But Mr. McConnell refused to consider his nomination, and Mr. Trump selected Neil M. Gorsuch to fill the vacant seat in 2017. Judge Garland stayed on at the appeals court.
anonymous

Merrick Garland rapidly erasing Trump effect at Justice Department - Axios - 0 views

  • Attorney General Merrick Garland is quickly negating the Trump administration’s law enforcement legacy, dismaying conservatives with a burst of aggressive reversals and new policies.
  • Liberal fears that the soft-spoken Garland might resist prosecuting Trump and his allies for the sake of unity were partially eased on Wednesday, when news broke that federal agents had raided the Manhattan home of Rudy Giuliani.
  • "Pattern or practice" investigations into the Minneapolis and Louisville police departments, following the deaths last year of George Floyd and Breonna Taylor.
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  • The revocation of a Trump-era policy that restricted federal funding for "sanctuary cities."
  • under Attorney General Bill Barr, the department repeatedly blocked SDNY prosecutors from executing a search warrant for Giuliani's electronic records in the final months of 2020,
Javier E

77 Days: Trump's Campaign to Subvert the Election - The New York Times - 0 views

  • Thursday the 12th was the day Mr. Trump’s flimsy, long-shot legal effort to reverse his loss turned into something else entirely — an extralegal campaign to subvert the election, rooted in a lie so convincing to some of his most devoted followers that it made the deadly Jan. 6 assault on the Capitol almost inevitable.
  • with conspiratorial belief rife in a country ravaged by pandemic, a lie that Mr. Trump had been grooming for years finally overwhelmed the Republican Party and, as brake after brake fell away, was propelled forward by new and more radical lawyers, political organizers, financiers and the surround-sound right-wing media.
  • Across those 77 days, the forces of disorder were summoned and directed by the departing president, who wielded the power derived from his near-infallible status among the party faithful in one final norm-defying act of a reality-denying presidency.
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  • Throughout, he was enabled by influential Republicans motivated by ambition, fear or a misplaced belief that he would not go too far.
  • For every lawyer on Mr. Trump’s team who quietly pulled back, there was one ready to push forward with propagandistic suits that skated the lines of legal ethics and reason
  • That included not only Mr. Giuliani and lawyers like Sidney Powell and Lin Wood, but also the vast majority of Republican attorneys general, whose dead-on-arrival Supreme Court lawsuit seeking to discount 20 million votes was secretly drafted by lawyers close to the White House, The Times found.
  • With each passing day the lie grew, finally managing to do what the political process and the courts would not: upend the peaceful transfer of power that for 224 years had been the bedrock of American democracy.
  • The vote-stealing theory got its first exposure beyond the web the day before the election on Mr. Bannon’s show. Because of the Hammer, Mr. McInerney said, “it’s going to look good for President Trump, but they’re going to change it.” The Democrats, he alleged, were seeking to use the system to install Mr. Biden and bring the country to “a totalitarian state.”
  • with the White House counsel, Pat A. Cipollone, backing him, Mr. Barr told the president that he could not manufacture evidence and that his department would have no role in challenging states’ results, said a former senior official with knowledge about the meeting, a version of which was first reported by Axios. The allegations about manipulated voting machines were ridiculously false, he added; the lawyers propagating them, led by Mr. Giuliani, were “clowns.”
  • Yet as the suits failed in court after court across the country, leaving Mr. Trump without credible options to reverse his loss before the Electoral College vote on Dec. 14, Mr. Giuliani and his allies were developing a new legal theory — that in crucial swing states, there was enough fraud, and there were enough inappropriate election-rule changes, to render their entire popular votes invalid.
  • As a result, the theory went, those states’ Republican-controlled legislatures would be within their constitutional rights to send slates of their choosing to the Electoral College.
  • Yet as the draft circulated among Republican attorneys general, several of their senior staff lawyers raised red flags. How could one state ask the Supreme Court to nullify another’s election results? Didn’t the Republican attorneys general consider themselves devoted federalists, champions of the way the Constitution delegates many powers — including crafting election laws — to each state, not the federal government?
  • In an interview, Mr. Kobach explained his group’s reasoning: The states that held illegitimate elections (which happened to be won by Mr. Biden) were violating the rights of voters in states that didn’t (which happened to be won by Mr. Trump).
  • The lawsuit was audacious in its scope. It claimed that, without their legislatures’ approval, Georgia, Michigan, Pennsylvania and Wisconsin had made unconstitutional last-minute election-law changes, helping create the conditions for widespread fraud. Citing a litany of convoluted and speculative allegations — including one involving Dominion voting machines — it asked the court to shift the selection of their Electoral College delegates to their legislatures, effectively nullifying 20 million votes.
  • One lawyer knowledgeable about the planning, speaking on the condition of anonymity, said: “There was no plausible chance the court will take this up. It was really disgraceful to put this in front of justices of the Supreme Court.”
  • The next day, Dec. 9, Representative Mike Johnson of Louisiana sent an email to his colleagues with the subject line, “Time-sensitive request from President Trump.” The congressman was putting together an amicus brief in support of the Texas suit; Mr. Trump, he wrote, “specifically asked me to contact all Republican Members of the House and Senate today and request that all join.” The president, he noted, was keeping score: “He said he will be anxiously awaiting the final list to review.”
  • Some 126 Republican House members, including the caucus leader, Mr. McCarthy, signed on to the brief, which was followed by a separate brief from the president himself. “This is the big one. Our Country needs a victory!” Mr. Trump tweeted. Privately, he asked Senator Ted Cruz of Texas to argue the case.
  • By the time the bus pulled into West Monroe, La., for a New Year’s Day stop to urge Senator John Kennedy to object to certification, Mr. Trump was making it clear to his followers that a rally at the Ellipse in Washington on Jan. 6 was part of his plan. On Twitter, he promoted the event five times that day alone.
  • But talk at the rally was tilting toward what to do if they didn’t.“We need our president to be confirmed through the states on the 6th,” said Couy Griffin, the founder of Cowboys for Trump. “And right after that, we’re going to have to declare martial law.”
  • Though Ms. Kremer held the permit, the rally would now effectively become a White House production. After 12,000 miles of drumbeating through 44 stops in more than 20 states, they would be handing over their movement to the man whose grip on power it had been devised to maintain.
  • Mr. Barr had resigned in December. But behind the back of the acting attorney general, Jeffrey A. Rosen, the president was plotting with the Justice Department’s acting civil division chief, Jeffrey Clark, and a Pennsylvania congressman named Scott Perry to pressure Georgia to invalidate its results, investigate Dominion and bring a new Supreme Court case challenging the entire election. The scheming came to an abrupt halt when Mr. Rosen, who would have been fired under the plan, assured the president that top department officials would resign en masse.
  • But Mr. Cruz was working at cross-purposes, trying to conscript others to sign a letter laying out his circular logic: Because polling showed that Republicans’ “unprecedented allegations” of fraud had convinced two-thirds of their party that Mr. Biden had stolen the election, it was incumbent on Congress to at least delay certification and order a 10-day audit in the “disputed states.” Mr. Cruz, joined by 10 other objectors, released the letter on the Saturday after New Year’s.
  • The rally had taken on new branding, the March to Save America, and other groups were joining in, among them the Republican Attorneys General Association. Its policy wing, the Rule of Law Defense Fund, promoted the event in a robocall that said, “We will march to the Capitol building and call on Congress to stop the steal,” according to a recording obtained by the progressive investigative group Documented.
  • Mr. Stockton said he was surprised to learn on the day of the rally that it would now include a march from the Ellipse to the Capitol. Before the White House became involved, he said, the plan had been to stay at the Ellipse until the counting of state electoral slates was completed.
  • Defiantly, to a great roar from the plaza, Ms. Chafian cried, “I stand with the Proud Boys, because I’m tired of the lies,” and she praised other militant nationalist groups in the crowd, including the Oath Keepers and the Three Percenters.
  • Speakers including Mr. Byrne, Mr. Flynn, Mr. Jones, Mr. Stone and the Tennessee pastor Mr. Locke spoke of Dominion machines switching votes and Biden ballots “falling from the sky,” of “enemies at the gate” and Washington’s troops on the Delaware in 1776, of a fight between “good and evil.”“Take it back,” the crowd chanted. “Stop the steal.”
  • “What we do now is we take note of the people who betrayed President Trump in Congress and we get them out of Congress,” he said. “We’re going to make the Tea Party look tiny in comparison.”
clairemann

N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business - The New Yo... - 0 views

  • The attorney general, Letitia James, released new details of her investigation as she argued for the need to question Donald J. Trump and two of his children under oath.
  • Still, the filing marked the first time that the attorney general’s office leveled such specific accusations against the former president’s company.
  • “We have uncovered significant evidence that suggests Donald J. Trump and the Trump Organization falsely and fraudulently valued multiple assets and misrepresented those values to financial institutions for economic benefit,”
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  • Ms. James’s filing argued that the company misstated the value of the properties to lenders, insurers and the Internal Revenue Service. Many of the statements, the filing argued, were “generally inflated as part of a pattern to suggest that Mr. Trump’s net worth was higher than it otherwise would have appeared.”
  • “Three years later, she is now faced with the stark reality that she has no case,” the spokeswoman said on Wednesday.
  • Because Ms. James’s investigation is civil, she can sue Mr. Trump and his company but cannot file criminal charges. Her inquiry is running parallel to a criminal investigation led by the Manhattan district attorney, Alvin Bragg, which is examining some of the same conduct.
  • Ms. James already questioned another of Mr. Trump’s sons, Eric Trump, in October 2020. He invoked his Fifth Amendment right against incriminating himself in response to more than 500 questions, the new court filing said.
  • After receiving the subpoenas, lawyers for Mr. Trump filed a federal lawsuit seeking to halt Ms. James’s civil investigation and to bar her office from participating in the district attorney’s criminal investigation.
  • A case could be hard to prove. Property valuations are often subjective, and Mr. Trump’s lawyers are likely to note that his lenders and insurers — sophisticated financial institutions that turned a profit off their relationship with the Trumps — did not rely on the company’s estimates.
  • The Manhattan district attorney’s office and the New York attorney general’s office are investigating whether Mr. Trump or his family business, the Trump Organization, engaged in criminal fraud by intentionally submitting false property values to potential lenders.
  • The Atlanta district attorney is conducting a criminal investigation of election interference in Georgia by Mr. Trump and his allies.
  • In 2015, for example, while seeking to refinance a loan on his 40 Wall Street tower in Lower Manhattan, Mr. Trump’s statement of financial condition estimated that the property was worth $735 million. Yet one lender concluded it was worth only $257 million.
  • Ms. James’s lawyers also argued that Mr. Trump submitted at least two misleading statements to the Internal Revenue Service, saying that he substantially overstated the value of land at both his Seven Springs Estate in Westchester County and his Los Angeles Golf Club. The value of Seven Springs, Ms. James said, had been boosted by counting the value of seven nonexistent mansions, said to be worth $61 million. Mr. Trump received tax deductions worth millions of dollars on both properties.
  • Mr. Weisselberg, the filing contends, also falsely told one of Mr. Trump’s insurance companies that the property valuations were based on assessments by professional appraisers, when that was not the case. In reality, “the valuations were prepared by Trump Organization staff,” the filing said.
Javier E

Prosecutors want Brazil's oldest bank to pay reparations for slavery - The Washington Post - 0 views

  • In the mid-1800s, the most prolific slaver in Brazil was a man named José Bernardino de Sá. The transatlantic slave trade was banned in Brazil and abroad, but Bernardino nonetheless financed the trafficking of nearly 20,000 Africans to Brazil — and became one of the country’s wealthiest people.
  • He used that wealth to buy farms, build roads — and, historians say, fund the Banco do Brasil. It’s just one of several links that ties this country’s oldest and most prominent bank to the slave trade. Not only was its initial capital drawn from slavery, historians say; its original vice president and director were also notorious slavers.
  • That history, and what should be done about it, is now at the center of a remarkable legal filing by government attorneys in Rio de Janeiro — an action that’s asking some of the most fundamental questions about Brazil, its history and the long shadow the transatlantic slave trade casts over it.
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  • The attorneys from the Federal Public Ministry say the time has come for Brazilian institutions to account for their role in slavery. They’ve called on Banco do Brasil to commit to some form of reparations.
  • The attorneys on Friday gave Banco do Brasil 15 days to publicly acknowledge its role in slavery and the slave trade and present plans for some form of reparations.
  • The bank does not deny its ties to slavery but has argued that it should not be held responsible for the sins of a society. It says it did not commit any crimes and should not be liable for the actions of those who worked for or funded the bank
  • Brazilians, particularly elites descended from European settlers, have historically preferred to think of their country as free of racism. “A racial democracy,” they boasted, where people could marry independent of skin color and race was defined less rigidly than in the United States.
  • That story, historians say, has largely obscured the primacy of slavery in Brazil’s genesis — and its enduring impact. Brazil imported around 5 million enslaved Africans — far more than any other country — accounting for roughly 40 percent of the entire trade
  • Nearly twice as many enslaved people were brought through a single wharf in Rio de Janeiro than arrived in all of the United States. It was the last country in the Americas, in 1888, to abolish slavery.
  • “Bring together capital that has found itself displaced from illicit trade and converge it into a center where the productive forces of the country could be fed,” Irineu Evangelista de Sousa, who reopened the bank, wrote in his autobiography. “This was the idea that came into my head.”
  • Banco do Brasil, which in 2023 reported $380.3 billion in assets and $5.8 billion in profits, according to Forbes. Chartered in 1808 by Portuguese King Dom João, the bank drew its foundational capital from taxes the crown imposed on sea trade, much of which involved slavery. The wealthy Rio elite — many of whom trafficked in enslaved Africans — were invited by the crown to finance the bank.
  • When the trade was outlawed in 1831, the bank’s ties to slavery didn’t diminish, historians and government attorneys say — they intensified. The bank closed for two decades but reopened in 1853 for the purpose of accumulating ill-gotten wealth, prosecutors and historians allege, most of it from the international slave trade.
  • “Brazil has never had a problem romanticizing its memory of slavery,” said Luciana Brito, a historian at the Federal University of Recôncavo da Bahia. “It likes to remember slavery as a means of producing a beautiful people, of one nation, as though it was a necessary evil.”
  • The openness with which he spoke of the scheme, historians say, betrays the extent to which the crime of slavery was normalized in elite Brazilian society.
  • Under pressure from the United Kingdom, Brazil begrudgingly signed on to an international campaign to abolish the international slave trade in 1831. But it did little to enforce it. More than 700,000 enslaved Africans were trafficked into the country until a more restrictive law was passed in 1850.
  • But that story, and so many others, was virtually unknown to Brazilians, said Thiago Campos, a historian at the Federal Fluminense University. So a group of historians began discussing earlier this year how to start a broader conversation.
  • Fourteen historians wrote a letter this autumn to government attorneys outlining what they knew of Banco do Brasil’s history and asking for a national debate on the matter. The attorneys with the Federal Public Ministry, who represent Brazilians in cases involving individual or social rights, took it even further: They called for reparations.
  • “Unfortunately, Brazil is very behind on this discussion,” he said. “I believe it will be likely that as we progress with this case, others will come forward, and we’ll have more discussion on this topic. It’s an important moment to put this on the national agenda.”
anonymous

Sessions tests limits of immigration powers with asylum moves - CNNPolitics - 0 views

  • The US immigration courts are set up to give the attorney general substantial power to almost single-handedly direct how immigration law is interpreted in this country -- and Jeff Sessions is embracing that authority. Sessions quietly moved this week to adjust the way asylum cases are decided in the immigration courts, an effort that has the potential to test the limits of the attorney general's power to dictate whether immigrants are allowed to enter and stay in the US and, immigration advocates fear, could make it much harder for would-be asylees to make their cases to stay here.
  • Asylum is a favorite target of immigration hardliners, who argue that because of the years-long backlog to hear cases, immigrants are coached to make asylum claims for what's billed as a guaranteed free pass to stay in the country illegally.
  • In this system, the attorney general him or herself sits at the Supreme Court's level, with even more authority than the high court to handpick decisions. The attorney general has the authority to refer any Board of Immigration Appeals decision to his or her office for review, and can single-handedly overturn decisions and set interpretations of immigration law that become precedent followed by the immigration courts.
  • ...1 more annotation...
  • Retired immigration Judge Paul Wickham Schmidt, who served for years in federal immigration agencies and the immigration courts, said that to say the immigration courts are full due process is "sort of a bait and switch." He says despite the presentation of the courts' decisions externally, the message to immigration judges internally is that they work for the attorney general.
malonema1

Trump walks back sanctions against Russia, contradicting Nikki Haley - TODAY.com - 0 views

  • Trump walks back sanctions against Russia, contradicting Nikki Haley
  • President Trump is walking back plans to impose new economic sanctions against Russia announced Sunday by U.N. Ambassador Nikki Haley. The planned sanctions were an attempt to punish Russia for its support of Syrian President Bashar Assad after a chemical weapons attack earlier this month. {"1222314563954":{"mpxId":"1222314563954","canonical_url":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","canonicalUrl":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","legacy_url":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","playerUrl":"https://www.today.com/offsite/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","ampPlayerUrl":"https://player.today.com/offsite/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","relatedLink":"","sentiment":"Positive","shortUrl":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","description":"Daughter of former New York Gov. 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  • Amid the historic developments formally ending the Korean War, North Korean leader Kim Jong Un has promised to close down a nuclear test site in May. 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  • North Korea to close down nuclear test site in May
malonema1

How a congressional harassment claim led to a secret $220,000 payment - The Washington ... - 0 views

  • Winsome Packer had a plum overseas assignment, an apartment in Vienna and a six-figure salary as an adviser to a Washington congressman when it all came crashing down.
  • But both sides say the process is unfair and abusive to the accuser and the accused. Packer said she has not recovered from the harrowing legal fight, and Hastings said his reputation was damaged. As lawmakers prepare to unveil bipartisan legislation as early as this week that would alter the current system for handling such claims, both Packer and Hastings said their dispute reveals a broken law that must be fixed.
  • The attorney said Packer took a “kernel of truth” about Hastings’s sexually tinged comments but “grossly distorted events and circumstances in order to create a fiction that she experienced sexual harassment and intimidation,” the document says. For example, the attorney alluded to an incident in which Hastings told Packer he had trouble sleeping after sex, which Hastings said he shared only because he believed they were friends, not because he was pursuing her sexually.
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  • Congress is now considering amending the 1995 Congressional Accountability Act, the law governing how harassment cases are handled on Capitol Hill, after seven members have either resigned or said they would not seek reelection in the wake of sexual harassment allegations. Attorneys who handle these cases say most staffers take no action because they fear it could hurt their careers.
  • For nine months, Packer was Hastings’s policy adviser on the commission staff. Then he promoted her to a foreign post in Vienna. Her salary more than doubled, to $165,000 from $80,000, court records show.
  • In February 2010, Packer said she sought help from the office of Rep. Christopher H. Smith, (R-N.J.), who served with Hastings on the commission, and was referred to the Office of Compliance. The office was established by the Congressional Accountability Act as a place for legislative branch employees to file workplace claims, including sexual harassment allegations. Packer filed a formal complaint against Hastings on Aug. 9, 2010. Under the law, she had to agree to up to 30 days of confidential counseling to get advice on her rights and options for pursuing a complaint. Counselors in the Office of Compliance are forbidden under the law from advocating for the victim in sexual harassment cases, including making lawyer referrals.
  • Officials say they have worked to make the process easier for employees. “It is not required that the employee attend,” said Barbara Childs Wallace, chair of the Office of Compliance Board of Directors, at a congressional hearing in November. “It is not required that they sit in the same room with the person they are accusing, of sexual harassment, for instance.”
  • House Employment Counsel attorneys Ann Rogers and Russell Gore did not respond to phone calls and emails seeking comment. Gloria Lett, the lead attorney in the Office of House Employment Counsel (OHEC), said she was bound by confidentiality and could not discuss the case.
  • By spring 2014, the discovery phase of the case was ramping up, meaning both sides would be forced to hand over emails and other documents that might be critical in the case. Key witnesses, including Hastings and Packer, would be required to testify under oath.
katherineharron

Trump election fraud investigation in Georgia enters new phase with grand jury set to b... - 0 views

  • A criminal investigation into former President Donald Trump's attempts to overturn the 2020 election results in Georgia is set to intensify this week, as a grand jury convenes, offering the local district attorney her first shot at seeking subpoenas for records and interviews.
  • Two grand juries are set to convene in Fulton County on Thursday, opening a path for Willis' next phase in her probe. A person familiar with the investigation said they are likely to rely heavily on subpoenas rather than voluntary requests for records and interviews, in part to establish a clear court record of their pursuit of evidence.
  • "There may be nothing there," said a person familiar with the investigation, "or it may be more extensive that we thought."
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  • Willis has said her investigation will expand past Trump's call with Raffensperger to include any efforts to influence the election in Georgia. She is also investigating a phone call between Trump loyalist Sen. Lindsey Graham and Raffensperger, the abrupt departure of Byung "BJay" Pak, the US attorney for the Northern District of Georgia, and the false allegations of election fraud Rudy Giuliani made before Georgia legislators.
  • The former President's legal troubles began to mount in the wake of a stunning January 2 phone call. In the 62-minute call, Trump lambasted his fellow Republican for refusing to falsely say that Trump won the election in Georgia and repeatedly touted baseless claims of election fraud. "The people of Georgia are angry, the people of the country are angry. And there's nothing wrong with saying that, you know, um, that you've recalculated," Trump said in one part of the call.
  • "All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state," Trump said. A person familiar with the investigation said Willis will not hesitate to dig into the details surrounding the call, even if Trump's team tries to claim various types of privilege to shield the former President from investigative inquiries.
  • "The repeated calls sort of start to tell the story that this was not, again, an official trying to talk to another official about problems that he or she might see in an election," Michael J. Moore, the former US attorney for the Middle District of Georgia between 2010 and 2015 under President Barack Obama, told CNN. "They paint a picture about intent and that's an important element for every prosecutor."
  • "He might say, his lawyers might say, 'No, no, no. He's calling to complain. He's Kvetching. He's saying I got cheated,' " Williams said. Trump's defense could be, "I'm not calling him to ask him to cheat for me, I'm calling him to ask him to undo the cheating," Williams added. A spokesman for Trump did not respond to a request for comment for this story. In a previous statement to CNN on February 9, Trump's senior adviser Jason Miller said there was nothing "improper or untoward" about the call between Trump and Raffensperger.
  • In the final days of the Trump administration, after numerous public attacks from Trump following the election, some members of the Secretary of State's office retained attorneys out of fear the then-President could leverage resources for political retaliation, a source with the office told CNN. And while Republican officials in Georgia have been eager to move beyond the drama of the election, they are expected to be drawn back into the investigation as Willis runs down the details surrounding the call with Raffensperger, as well as outreach from Trump and his GOP allies to other state officials
  • Trump also had contact with Georgia's Attorney General Chris Carr and Georgia GOP Gov. Brian Kemp.
  • Graham, a South Carolina Republican, was chairman of the Senate Judiciary Committee when he called Raffensperger on November 13 and inquired whether Raffensperger could discard all mail-in ballots from counties that had shown higher rates of unmatched signatures, the Republican secretary of state told the Washington Post at the time. Graham has denied the assertions from Raffensperger, who has stood firm on his account. Graham's spokesman Kevin Bishop has said that accusations that the senator's call was inappropriate were "ridiculous."
  • Willis has also expressed interest in exploring testimony from Giuliani before Georgia state senators, in which Giuliani promoted unfounded theories about why Trump won Georgia and a handful of other states that Trump had, in reality, lost. Giuliani told a room of mostly Republican lawmakers that Georgia's voting machines could not be trusted, tens of thousands of absentee ballots were illegally cast and not properly counted, and that the legislature should appoint its own electors who supported Trump. "It's your responsibility if a false and fraudulent count is submitted to the United States government, and it is clear that the count you have right now is false," Giuliani said during the hearing.
  • Giuliani said "the law gives you a lot of leeway to view the case in the light most favorable to your client."
  • "There are lots of different pieces and they're different acts and different people involved," Cunningham said. "Lawsuits all over the place, hoping to find a judge who would issue a temporary restraining order, asking a general assembly to intervene, of course raising all kinds of allegations of fraud, pressure threatening the Governor, threatening the Secretary of State."
  • While Willis wasted no time in launching her investigation into the former President, she said during the AP interview that she has no set timeline for completing her inquiry. "I'm in no rush," she said. "I think people think that I feel this immense pressure. I don't."
aidenborst

Senate confirms Merrick Garland as attorney general - CNNPolitics - 0 views

  • he Senate voted to confirm attorney general nominee Merrick Garland on Wednesday, sending the appellate judge on his mission to uphold the integrity of the Justice Department after its actions over the past years threatened to undermine it.
  • Garland was confirmed in a 70-30 vote.
  • "America can breathe a sigh of relief that we are finally going to have someone like Merrick Garland leading the Justice Department," said Senate Majority Leader Chuck Schumer, a Democrat from New York. He called Garland "someone with integrity, independence, respect for the rule of law and credibility on both sides of the aisle."
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  • Garland will soon face politically charged questions at the Justice Department, including whether the Justice Department should wade into former President Donald Trump's role in the Capitol riot, and how to handle a federal probe into Biden's son, Hunter Biden.
  • Garland also could oversee the investigation of the FBI's Russia probe. But he said in his nomination hearing that he didn't have "any reason to think" that special counsel John Durham "should not remain in place."
  • "I come from a family where my grandparents fled anti-Semitism and persecution," said Garland. "The country took us in and protected us. I feel an obligation to the country to pay back."
  • "When confirmed, Judge Garland must not back other constitutionally-corrosive efforts to effectively repeal laws just by ignoring them," said McConnell.
  • Garland said at his hearing that the current threat from White supremacists is a "more dangerous period than we faced at that time." He also gave a brief, yet emotional, anecdote in response to a question about his family's history in confronting hate and discrimination. Garland fought back tears as he explained why leading the Justice Department was important to him.
  • McConnell said he voted to confirm Garland's nomination as attorney general "because of his long reputation as a straight-shooter and legal expert," calling his "left-of-center perspective" within "the legal mainstream."
  • The Senate voted to confirm attorney general nominee Merrick Garland on Wednesday, sending the appellate judge on his mission to uphold the integrity of the Justice Department after its actions over the past years threatened to undermine it.
aidenborst

Rep. Mo Brooks is avoiding an insurrection lawsuit. Rep. Eric Swalwell hired a private ... - 0 views

  • Republican Rep. Mo Brooks is avoiding a lawsuit from his Democratic colleague Rep. Eric Swalwell that seeks to hold him accountable for the January 6 Capitol insurrection -- so much so that Swalwell's attorneys hired a private investigator to find him.
  • The detail comes in a court filing Wednesday in which Swalwell's attorneys describe difficulty in serving Brooks with the lawsuit. CNN has reached out to Brooks' office for comment.
  • After Swalwell -- a California Democrat -- sued in March, his attorneys tried to reach the Alabama Republican through calls to the congressman's office and by sending a letter to formally provide him notice he had been sued, a necessary step in this type of court proceeding.
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  • "Counsel spoke to two different staff members on two separate occasions, and each time was promised a return call that never came," Swalwell's attorneys wrote on Wednesday.
  • Brooks spoke at the pro-Trump rally on January 6, saying, "Today is the day American patriots start taking down names and kicking ass." He then asked the rally attendees if they were willing to fight.
  • "Plaintiff had to engage the services of a private investigator to attempt to serve Brooks personally -- a difficult feat under normal circumstances that has been complicated further in the wake of the January 6 insurrection at the Capitol that Defendants incited," Swalwell's court filing continued. "Plaintiff's investigator has spent many hours over many days in April and May at locations in multiple jurisdictions attempting to locate and serve Brooks, to no avail."
  • "The problem here is that Mo Brooks' door is under lock and key ... There was just no access to the primary place that he was for much of the day," Andonian said. "It just takes persistence and luck sometimes. We're not claiming Brooks is hiding in a bunker somewhere. But it takes a lot of effort."
  • Following the Swalwell team's calls, they emailed, too. "Neither Brooks nor any member of his staff has responded to his request," their filing said.
  • "We want to know answers. We want to know what Donald Trump was saying, what he was thinking" or what others said to him on January 6, Andonian said on CNN Wednesday. He described the effort in the lawsuit as one way to find out what happened behind the scenes around the then-President since plans for a bipartisan congressional commission fell apart last week after Senate Republicans blocked its creation.
  • Following the speeches at the pro-Trump rally, many in the crowd marched to the Capitol, with several violently breaking into the building and looking for lawmakers who were certifying Biden's victory over Trump in the 2020 election.
  • Republican Rep. Mo Brooks is avoiding a lawsuit from his Democratic colleague Rep. Eric Swalwell that seeks to hold him accountable for the January 6 Capitol insurrection -- so much so that Swalwell's attorneys hired a private investigator to find him.
anonymous

Barr Leaves a Legacy Defined by Trump - The New York Times - 0 views

  • Though he sometimes departed from the president, the outgoing attorney general’s term was dominated by how he navigated the Russia investigation and other fraught issues.
  • WASHINGTON — Soon after he undercut President Trump’s baseless claims of widespread voter fraud in early December, Attorney General William P. Barr’s time atop the Justice Department hurtled to its end. The president and his allies attacked Mr. Barr in public and private, making clear that he should retract his assessment or spend the last weeks of the administration belittled and possibly fired in humiliating fashion.
  • But Mr. Barr also showed flashes of autonomy at the end of his tenure. His reversal on voter fraud broke from the president. He said he saw no need for a special counsel to investigate President-elect Joseph R. Biden Jr.’s son Hunter as Mr. Trump clamored for one. And Mr. Barr even acknowledged that some of his suspicions about the Obama administration’s examination of Russian election interference were misguided.
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  • “As a cabinet member, the attorney general was supportive of the administration and many of its priorities. He was unfairly criticized for that,” said Brian Rabbitt, his former chief of staff and the outgoing head of the Justice Department’s criminal division. “But you don’t take a job like his to resist. You take the job to help the administration do its best for the country.”
  • After the election, amid a storm of complaints from Mr. Trump’s allies that Mr. Durham had not revealed information that could have helped the president, Mr. Barr downplayed expectations that he would expose criminal acts. He told a Wall Street Journal opinion columnist that by focusing solely on indictments, the political class excuses other contemptible behavior.
  • he department also took on lawsuits over books written by Trump adversaries. In the case of the former national security adviser John R. Bolton, who had fallen out of Mr. Trump’s favor, it opened a criminal inquiry into whether he illegally disclosed classified information.Being a successful attorney general “is not just about doing the right thing, it’s about preserving the legitimacy of the institution,” Ms. Roiphe said. “Even if he honestly held these beliefs, he addressed them in ways that were only respected by his own political followers.”Some Justice Department officials believed that Mr. Barr privately honed the president’s belief that his attorney general was his political fixer and used that capital with Mr. Trump to protect the department, shielding it from blowback when it prosecuted cases that interfered in trade negotiations with China and to protect the F.B.I. director, Christopher A. Wray, from being fired over the president’s animosity toward the bureau.
mattrenz16

Barr Is Said to Be Weighing Whether to Leave Before Trump's Term Ends - The New York Times - 0 views

  • WASHINGTON — Attorney General William P. Barr is considering stepping down before President Trump’s term ends next month, according to three people familiar with this thinking.
  • It was not clear whether the attorney general’s deliberations were influenced by Mr. Trump’s refusal to concede his election loss or his fury over Mr. Barr’s acknowledgment last week that the Justice Department uncovered no widespread voting fraud.
  • One of the people insisted that Mr. Barr had been weighing his departure since before last week and that Mr. Trump had not affected the attorney general’s thinking. Another said Mr. Barr had concluded that he had completed the work that he set out to accomplish at the Justice Department.
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  • Mr. Barr’s departure would also deprive the president of a cabinet officer who has wielded the power of the Justice Department more deeply in service of a president’s political agenda than any attorney general in a half-century.
  • A Justice Department spokeswoman declined to comment. The White House had no comment.
  • Mr. Barr, 70, is the strongest proponent of presidential power to hold the office of attorney general since Watergate.
  • Mr. Barr revealed that appointment last week at the same time that he said he had not seen evidence that voter fraud had affected the results of the election.
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