“Donald Trump and one of his legal advisers, former Chapman University law professor John Eastman, probably committed federal felonies when they conspired to reverse the outcome of the 2020 presidential election by pressuring then–Vice President Mike Pence to block or delay congressional ratification of Joe Biden’s victory. U.S. District Judge David O. Carter concluded it was “more likely than not” that the scheme violated 18 USC 1512, which prohibits obstruction of “any official proceeding,” and 18 USC 371, which criminalizes conspiracies to “defraud the United States.”
Carter made that determination while adjudicating a dispute over emails sought by the House select committee investigating the January 6, 2021, riot at the U.S. Capitol by Trump supporters who accepted his stolen-election fantasy and were angry at Pence for refusing to go along with Eastman’s plan. While the practical impact of Carter’s conclusion is limited to just one disputed document, his analysis amounts to an indictment of conduct that was not just dishonest and reckless but arguably criminal.
“The illegality of the plan was obvious,” Carter writes. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election. As Vice President Pence stated, ‘no Vice President in American history has ever asserted such authority.’ Every American—and certainly the President of the United States—knows that in a democracy, leaders are elected, not installed….President Trump knowingly tried to subvert this fundamental principle.”
Eastman argued that 111 of the documents sought by the January 6 committee’s subpoena were protected either by attorney-client privilege, which applies to confidential legal advice, or by the “work product” doctrine, which applies to material prepared in anticipation of litigation. The select committee argued that the disputed emails were not protected, invoking the “crime-fraud exception,” which applies to legal advice “in furtherance of” a crime.
Carter concluded that 13 documents qualified as work product and that the crime-fraud exception applied to just one: a memo prepared for Trump attorney Rudy Giuliani recommending that Pence “reject electors from contested states on January 6.” Carter says that memo “may have been the first time members of President Trump’s team transformed a legal interpretation of the Electoral Count Act into a day-by-day plan of action.”
As Carter notes, that plan of action was blatantly illegal. In conversations with Greg Jacob, Pence’s counsel, Eastman conceded that the plan violated the Electoral Count Act in several ways. And while Eastman questioned the constitutionality of that law, Carter says, the proper way to resolve those claims would have been to raise them in court rather than unilaterally choosing to ignore the statute.
Eastman likewise acknowledged that it was “100 percent consistent historical practice since the time of the Founding” that the vice president does not have the legal power to do what Eastman and Trump wanted him to do. Eastman also admitted that it was likely the Supreme Court would unanimously agree.
On January 3, 2021, Eastman nevertheless wrote a six-page memo calling for “BOLD” action by Pence to stop Biden from taking office. “The stakes could not be higher,” he wrote. “This Election was Stolen by a strategic Democrat plan to systematically flout existing election laws for partisan advantage; we’re no longer playing by Queensbury Rules.”
The next day, Eastman, at Trump’s behest, pushed his plan in a meeting with Pence, Jacob, and Marc Short, the vice president’s chief of staff. “During that meeting,” Carter notes, “Vice President Pence consistently held that he did not possess the authority to carry out Dr. Eastman’s proposal.” Eastman met again with Jacob and Short on January 5, saying, “I’m here asking you to reject the electors.” Most of that meeting was consumed by an argument in which Jacob disputed the legal merits of Eastman’s memo.
“Despite receiving pushback,” Carter says, “President Trump and Dr. Eastman continued to urge Vice President Pence to carry out the plan.” At 1 a.m. on January 6, Trump tweeted that “if Vice President @Mike_Pence comes through for us, we will win the Presidency,” averring that “Mike can send it back!” Seven hours later, another Trump tweet insisted that “states want to correct their votes,” saying “all Mike Pence has to do is send them back to the States, AND WE WIN.” He urged Pence to “do it,” because “this is a time for extreme courage!”
Trump delivered the same message in a phone call to Pence around 11:20 a.m. that day. According to Pence’s national security adviser, who was present during that conversation, Trump castigated the vice president as “not tough enough to make the call.” Trump and Eastman reprised the same theme during their speeches at the “Stop the Steal” rally that preceded the Capitol riot. Trump closed his speech by urging his followers to march on the Capitol in the hope of inspiring “the kind of pride and boldness” that “weak” Republicans like Pence needed “to take back our country.”
Around noon, Pence publicly rejected Trump and Eastman’s appeals, saying, “It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.” After the riot started, Trump condemned Pence on Twitter: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”
In an email to Eastman while Trump’s enraged supporters were storming the Capitol, Jacob noted that the rioters “believed with all their hearts the theory they were sold about the powers that could legitimately be exercised at the Capitol on this day,” and “thanks to your bullshit, we are now under siege.” Eastman, who was still trying to change Pence’s mind, took a different view: “The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so the American people can see for themselves what happened.”
A conviction for obstructing or attempting to obstruct an official proceeding requires proving that the defendant acted “corruptly.” According to 9th Circuit precedent, that element does not require “consciousness of wrongdoing.” But in this case, Carter says, Trump “likely knew that the plan to disrupt the electoral count was wrongful.””
“Carter’s conclusions do not necessarily mean that Trump or Eastman could be successfully prosecuted for either of these crimes. The preponderance-of-the-evidence standard for applying the crime-fraud exception is much less demanding than the proof beyond a reasonable doubt required for a criminal conviction. So even if the January 6 committee ends up recommending criminal charges, the Justice Department might sensibly decline to pursue them. But Carter’s ruling, which calls Eastman’s plan “a coup in search of a legal theory,” reminds us of how outrageous and unprecedented Trump’s reaction to his electoral defeat was.”
“the U.S. Department of Labor has denied California $12 billion in transit funding, including grants from the recently signed infrastructure bill. The reason? A 1964 federal law requires the labor department to certify that the state agencies seeking any mass-transit grants are “protecting the interests of any affected employees,” The Fresno Bee reported.
So, the Biden administration is claiming that California—the state that provides its public employees with unparalleled pay and pension benefits, and provides collective-bargaining rights unheard of anywhere else—is being mean to its “affected” public employees because the state passed a 2013 law, authored by Democrats, that infinitesimally reined in pension benefits.
As SFist summarized, “Biden is withholding giant amounts of federal money from California public transit because the state’s public-employee pension system is apparently not paying people enough.””
“The recommendation I’ve been pushing all along is you should be promising that if you happen to learn who one of the buyers is, you’re gonna immediately tell the public, “We learned this.” And then if that buyer gets a meeting with any political appointee in the government, or any community — email, telephone, letter, in-person meeting, Zoom meeting, teleconference — that they will notify the public every time that buyer has an interaction with a political appointee in this administration.
Now they may feel that’s ridiculous, because they don’t feel that anybody is gonna get preferential treatment. And it certainly seems like the president’s supporters on Twitter think that. The problem is that that is absolutely the opposite of government ethics. Government ethics isn’t, “Let’s assume everybody is good and will never do anything wrong and trust blindly that they will never do anything wrong with no mechanisms or safeguards to check on that.”
And frankly, half the country — nearly half the country — voted against this guy, and if [Biden] wants to be the president of the entire country — unlike the last president, who seemed to only want to be the president of his supporters — then he owes it to those people who don’t necessarily trust him that he’s gonna be transparent and they can gauge for themselves whether these people are gaining access to government.”
Costs of the Afghanistan war, in lives and dollars Ellen Knickmeyer. 8 14 2021. AP News. https://apnews.com/article/middle-east-business-afghanistan-43d8f53b35e80ec18c130cd683e1a38f Exploring the Cost of the War in Afghanistan Neal Freyman. 8 15 2021. Morning Brew. https://www.morningbrew.com/daily/stories/2021/08/16/exploring-cost-war-afghanistan Vietnam War U.S. Military Fatal Casualty Statistics National Archives.
“The US will offer temporary legal protection to an estimated 320,000 Venezuelans who came to the US after fleeing the brutal dictatorship of Nicolás Maduro, fulfilling one of President Joe Biden’s campaign promises.
A senior Biden administration official said Monday that Venezuelans currently residing in the US will be able to apply for Temporary Protected Status (TPS), which is typically conferred on citizens of countries suffering from natural disasters, armed conflict, or other extraordinary circumstances.
For an 18-month period, it will allow Venezuelans who pass security and background checks to continue to live in the US free of fear of deportation, and to obtain work permits. Those who arrive after March 8, however, will not be eligible.”
“Former President Donald Trump previously offered Venezuelans in the US the opportunity to apply for another kind of humanitarian protection called “Deferred Enforced Departure,” shielding them from deportation and allowing them to apply for work permits for a period of 18 months starting in January. Biden’s decision to also extend TPS status to Venezuelans gives them another way to seek protection.”
“In a sharp contrast to the Trump administration’s focus on increasing fossil fuel production, Biden’s orders will press pause on auctions of federal lands and waters to oil and gas companies, expand conservation protections for large swathes of federal land, create a new civilian conservation corps and promise to deliver economic help to coal-producing regions suffering from the industry’s decline.
Biden will still need Congress to accomplish his target of spending $2 trillion on climate change to help reach the goal of eliminating greenhouse gas emissions from the power sector by 2035 and across the economy by 2050. But the orders to be issued Wednesday show Biden taking aggressive steps to launch a government-wide effort toward tackling climate change.”
“Last week, on his first day in office, Biden signed an executive order calling for reconsidering methane emission rules from new oil and gas sources, reversing Trump rules that rolled back vehicles’ tailpipe carbon dioxide limits, and canceling a permit for the Keystone XL pipeline, the subject of pitched political battles for a decade.
Wednesday’s orders fill in many of the details left out of last week’s orders, including setting the date that Biden will convene a promised climate change summit with world leaders for April 22, Earth Day.
The new orders will also address “environmental justice” issues, such as by establishing new commissions to address the concerns of so-called fenceline communities that are disproportionately people of color or low-income families that live near pollution sources. Biden is also directing agencies to weigh the climate change effects of all their decisions, a move that could affect procurement strategies for government vehicle fleets or electricity production.”
“The order that has generated the sharpest opposition from oil companies is one that promises to re-write the relationship between the industry and public lands. The Biden administration will order an open-ended freeze on offering public land for oil and gas drilling and coal mining, pending reviews of whether such leases were in the public interest. Under that review, the administration is expected to consider whether to add language to new government lease agreements to tighten standards on greenhouse gas emissions and increase the royalties that companies must pay for minerals they produce on public land.”
“Wednesday’s move will not affect production currently underway or the oil and gas leases and permits that companies had stockpiled under Trump administration in expectation of new restrictions. That means oil and gas production on federal land, which contributes about one-fifth of overall U.S. production, will not stop immediately, with activity likely to continue for at least another year, energy analysts have said.”
“a pause on new activity could come back to take major bite out of some state budgets, especially those with an out-sized dependence on oil production for revenue, such as New Mexico, which gets more than 10 percent of it revenue from the activity.
New Mexico Chamber of Commerce President and Chief Executive Rob Black said the moratorium would simply lead companies to shift their operations to neighboring Texas, a state with little federal property and a state oil industry regulator who has called concerns about greenhouse gas emissions “misplaced.”
“It won’t further our shared goals on carbon emissions,” Black said during a call with reporters. “It would just cause production to move a few miles down the road to private oil and gas leases [in Texas] or will incentivize it to go overseas to Saudi Arabia and Russia.””
“Twelve of President Ronald Reagan’s nominees were confirmed in his first two days in office, as were 13 of President Bill Clinton’s nominees, seven of President George W. Bush’s, and nine of President Barack Obama’s. President Donald Trump’s cabinet was confirmed more slowly, but the Senate still respected the tradition of holding confirmation hearings prior to Trump’s inauguration.
But so far, no hearings have been held on President-elect Joe Biden’s nominees — meaning Biden could face a serious delay in getting his administration ready to begin governing.
The Senate, which will still be led by Mitch McConnell for a little over a week, is currently out of session and will remain out of session until January 19, the day before President-elect Joe Biden takes office (technically, the Senate will hold brief “pro forma” sessions on the 12th and the 15th, but no business is conducted at these sessions).
As CNN’s Kylie Atwood notes, this is the first time in at least 10 presidential transitions where the incoming president’s nominee to be secretary of state won’t even have a confirmation hearing before that president’s Inauguration Day. And it’s unclear whether any hearings will be held before the Senate is scheduled to reconvene on January 19.”
“President-elect Joe Biden may want his administration to focus on long-term issues like the coronavirus pandemic, climate change, rebuilding alliances, and America’s relationship with China, but some key near-term foreign policy problems will likely require his attention first.
After the assassination of its top nuclear scientist by an unknown attacker, Iran might be less willing to engage in diplomacy with America and instead seek revenge by targeting US officials. North Korea could test an intercontinental ballistic missile early in Biden’s term to try to gauge the new administration’s response. The last remaining nuclear arms control deal between the US and Russia is set to expire just over two weeks after Biden takes office. And the reduced number of American troops in Afghanistan could derail sputtering peace talks and worsen the country’s security situation.
Such a dilemma wouldn’t be unique to Biden. Every new president comes in with ideas on how to handle larger global problems, only to have the colloquial “tyranny of the inbox” monopolize their time. “If you assume that foreign policy is less than half, and maybe a quarter, of the president’s time, then that really shines a light on how serious this inbox problem is,” said Christopher Preble, co-director of the New American Engagement Initiative at the Atlantic Council think tank.
Once he’s in the Oval Office, then, Biden will likely find his hopes of tackling grander foreign policy challenges dashed by the effort he’ll have to expend cleaning up more immediate messes.”
“Democrats are increasingly worried about the influence of misinformation on social media aimed at Latino voters in the runup to the election. The misleading narratives continue to spread on platforms like Facebook and Twitter, as well as in closed chat groups like WhatsApp and Telegram, in addition to the more traditional platforms like television, radio, and talking points coming directly from elected officials.
Several misinformation researchers told Recode that they’re seeing alarming amounts of misinformation about voter fraud and Democratic leaders being shared in Latino social media communities. Biden is a popular target, with misinformation ranging from exaggerated claims that he embraces Fidel Castro-style socialism to more patently false and outlandish ones, for instance that the president-elect supports abortion minutes before a child’s birth or that he orchestrated a caravan of Cuban immigrants to infiltrate the US Southern border and disrupt the election process.
“What I’ve seen during this election looks to be a multifaceted misinformation effort seeking to undermine Biden and Harris’s support amongst the Latino community,” said Sam Woolley, a misinformation and propaganda researcher at the University of Texas Austin. “I think that political groups understand that the Latino vote matters and they are showing they are willing to use any and all informational tactics to get what they want.””
“Some of the misleading messages — like that Biden is a radical socialist — aren’t uniquely aimed at the Latino community; Trump often made this claim during his campaign. But these comparisons take on a new intensity with some immigrants from countries like Cuba or Venezuela who have lived under socialist governments and may be deeply opposed to them.”