Special prosecutor to review retention of sensitive documents by Trump at Mar-a-Lago and elements of Jan 6 Capitol Attack – reports
Joanna Walters
The plan for a special counsel appears to be linked to allegations of the unlawful retention of national defense information at Donald Trump’s Mar-a-Lago resort and residence in Florida, according to the Reuters news agency, which cites an unnamed senior Department of Justice official.
The agency says a senior DoJ official has named a special prosecutor to investigate the entirety of the department’s criminal investigation into that potential offense.
This image contained in a court filing by the Department of Justice shows a photo of documents seized during the FBI search of Mar-a-Lago. Photograph: AP
Meanwhile, CNN reports that the special counsel will also review the parallel DoJ investigation into Trump’s involvement around the insurrection on January 6, 2021, when extremist supporters of the-then president invaded the US Capitol in an attempt to prevent the certification of Joe Biden’s victory in the 2020 presidential election by congress.
Pro-Trump protesters storm the US Capitol on 6 January 2021. Photograph: Shannon Stapleton/Reuters
We will bring you more developments as they happen.
Key events
As we wait for what is looking to be a consequential announcement from attorney general Merrick Garland, a winner appears to have emerged from one of the last uncalled House races.
The Pueblo Chieftain reports that Democrat Adam Frisch has conceded to Republican incumbent Lauren Boebert after a surprisingly close race:
Adam Frisch just said that he’s called Lauren Boebert to concede the race in CO-03.
He said an automatic recount will likely happen under state law but encouraged supporters to save fundraising $$ for gas, groceries and other causes.
Boebert is among a group of conservative lawmakers known for their extreme rhetoric, but nearly lost to Frisch even though her district normally votes for Republicans. The House representative has in the past made Islamophobic comments and condemned the separation of church and state.
Garland to address media at 2:15 pm eastern time
Attorney general Merrick Garland plans to hold a press conference at 2:15 pm eastern time, following reports that he will name a special prosecutor to decide whether to bring charges against Donald Trump and his allies.
Beyond just the investigation into government secrets Trump allegedly retained at his Mar-a-Lago resort, Politico reports that the special counsel will also look into Trump’s attempts to undermine the 2020 election. The justice department has not yet announced who they will be appointed to job.
This blog will cover Garland’s address as it happens.
Special prosecutor to review retention of sensitive documents by Trump at Mar-a-Lago and elements of Jan 6 Capitol Attack – reports
Joanna Walters
The plan for a special counsel appears to be linked to allegations of the unlawful retention of national defense information at Donald Trump’s Mar-a-Lago resort and residence in Florida, according to the Reuters news agency, which cites an unnamed senior Department of Justice official.
The agency says a senior DoJ official has named a special prosecutor to investigate the entirety of the department’s criminal investigation into that potential offense.
This image contained in a court filing by the Department of Justice shows a photo of documents seized during the FBI search of Mar-a-Lago. Photograph: AP
Meanwhile, CNN reports that the special counsel will also review the parallel DoJ investigation into Trump’s involvement around the insurrection on January 6, 2021, when extremist supporters of the-then president invaded the US Capitol in an attempt to prevent the certification of Joe Biden’s victory in the 2020 presidential election by congress.
Pro-Trump protesters storm the US Capitol on 6 January 2021. Photograph: Shannon Stapleton/Reuters
We will bring you more developments as they happen.
US attorney general to appoint special counsel to examine possible charges for Trump – report
US attorney general Merrick Garland plans to name a special counsel to examine whether former president Donald Trump should be prosecuted as a result of investigations carried out by the Department if Justice (DoJ), the Wall Street Journal reports, citing an unnamed source “familiar with the matter”.
Attorney General Merrick Garland. Photograph: Kevin Dietsch/Getty Images
The Journal reports:
“A formal announcement, which is expected by Friday afternoon, would come three days after Mr. Trump announced another bid for the presidency and would mark the naming of the third independent prosecutor in five years to examine issues involving Mr. Trump. The exact scope of the special counsel’s remit and who it would be couldn’t be determined.”
More details to come…
A judge refused today to quash a subpoena issued to former White House press secretary Jen Psaki that seeks her deposition in a lawsuit filed by Missouri and Louisiana, alleging that the Biden administration conspired to silence conservative voices on social media, the Associated Press reports.
Jen Psaki, Former White House Press Secretary, appears on Meet the Press in Washington, D.C. Sunday, Sept. 25, 2022. Photograph: NBC/William B. Plowman/Getty Images
Psaki filed a motion in federal court in Alexandria seeking to quash the subpoena, saying that she had no relevant information to provide and that a deposition would place an undue burden on her. The Justice Department supported her efforts to quash.
US magistrate Ivan Davis said during a hearing today that he was unimpressed with Psaki’s arguments. But he did not reject her request outright. Instead, he transferred the case back to Louisiana, where the lawsuit was filed.
Psaki was allowed to file a separate opposition in Virginia because she lives in the state and would be deposed there.
Davis, though, said it makes no sense for him to wade into the questions of whether Psaki’s testimony is relevant when the judge in Louisiana is more familiar with the case.
He also said Psaki failed to show how sitting for a deposition in her home state would be an undue burden. In fact, he said that if Psaki has little information to contribute, as she alleges, it shouldn’t be much of a burden at all.
Justice Department lawyer Indraneel Sur indicated he would appeal Davis’ ruling to a district judge in Alexandria and asked the judge to stay his ruling to provide time to do so, but Davis declined.
The lawsuit filed by the attorney general in Missouri and Alexandria accuses Joe Biden, former federal health official Anthony Fauci and others of conspiring with social media companies to restrict free speech by censoring conservative opinions about the Covid-19 response and other issues.
Joanna Walters
Readers will have noticed that politicians, and indeed journalists and people, are still tweeting. But for how much longer?
Amid ongoing fallout from Elon Musk’s takeover of Twitter, speculation of the platform’s imminent collapse is swirling – leaving users wondering what parts of their online selves they’ll get to keep.
After Musk laid off thousands of workers, many users have reported signs the platform is falling apart in real time – from glitching home pages to log-in failures – and researchers are desperately urging users to download their tweets in case Twitter implodes completely.
“If there’s something you care about on Twitter, now’s the time to become like a temporary expert in digital archiving measures,” said Caroline Sinders, an artificial intelligence researcher and founder of human rights lab Convocation Research and Design.
Digital archiving – the process of preserving online content for future use – has expanded steadily since the launch of the internet, but still exists in a patchwork, decentralized framework.
There’s more to read, here. But the last bit is killer:
If you want to save tweets – whether jokes from a favorite celebrity or the last thoughts of a loved one who has passed – an expert suggests a relatively analog solution.
“Print out their tweets, and put them in a box,” the expert said. “They will last longer in every way.”
In this file photo illustration taken on August 05, 2022, shows a cellphone displaying a photo of Elon Musk placed on a computer monitor filled with Twitter logos in Washington, DC. Photograph: Samuel Corum/AFP/Getty Images
The day so far
He may still be the most popular man in the Republican party, but Donald Trump’s announcement of a new run for the White House this week has been fodder for his opponents, most recently his former top diplomat Mike Pompeo. Meanwhile, conservatives have continued their quest to stop Kevin McCarthy from becoming speaker in the Republican-run House next year, while Democrats’ transition away from Nancy Pelosi’s leadership appears to be running much more smoothly.
Here’s what else has happened today so far:
Donald Trump’s former top diplomat Mike Pompeo has again attacked his one-time boss:
We were told we’d get tired of winning. But I’m tired of losing.
Pompeo’s wording echoes Trump’s promise on the campaign trail 2016 that if he was elected, supporters would “get tired of winning.” Pompeo, who served as secretary of state from 2018 till the end of Trump’s term in 2021, is thought to be considering a run for the presidency in 2024.
Perhaps he’ll elaborate on his thoughts about the former president in his speech to the Republican Jewish Coalition later today:
Today, I’m going to speak at @RJC on how we can regain Americans’ trust and win again.
Biden in August announced the plan to forgive as much as $20,000 in federal student debt for people earning less than $125,000 a year, or households earning below $250,000.
Conservative activists and states immediately sued to stop the program, and last month, an effort by six Republican-led states succeeded in getting it temporarily halted.
Why didn’t last week’s midterm elections produce a landslide victory for Republicans? Why did so many people vote for Democrats, despite Joe Biden’s approval rating being underwater for more than a year?
Definitive answers to these questions are elusive, no matter how important they may be. The Guardian surveyed readers for their views on last Tuesday’s polls, and you can read what they had to say below:
Jeffries announces bid for House Democratic leader
New York Democrat Hakeem Jeffries formally announced his bid for House Democratic leader in a letter to colleagues released today.
“When I initially sought the position of Chair of the House Democratic Caucus two terms ago, none of us could have predicted the challenges the American people would confront in the years to come. However, time and again, throughout a period of enormous turmoil for our nation, House Democrats rose to the occasion,” Jeffries said.
“Today, I write to humbly ask for your support for the position of House Democratic Leader as we once again prepare to meet the moment.”
Jeffries’s candidacy comes after House speaker Nancy Pelosi yesterday announced she would not seek a position in Democratic leadership next year, but would remain as a lawmaker. House majority leader Steny Hoyer also said yesterday he would step down from leadership, paving the way for a new generation of Democrats to lead the party in Congress’s lower chamber.
Jeffries is expected to be joined by Katherine Clark of Massachusetts, who is seeking the position of whip, which is the Democrats’ number-two position in the House and responsible for rallying lawmakers for or against legislation. Pete Aguilar of California is set to run for the third-ranking position of caucus chair.
In a statement released today, Pelosi signaled her support for the trio. “In the 118th Congress, House Democrats will be led by a trio that reflects our beautiful diversity of our nation. Chair Jeffries, Assistant Speaker Clark and Vice Chair Aguilar know that, in our Caucus, diversity is our strength and unity is our power,” Pelosi wrote.
“A new day is dawning – and I am confident that these new leaders will capably lead our Caucus and the Congress.”
The House GOP may be gearing up to investigate the Biden administration, but first it needs to decide who the chamber’s speaker will be.
Caucus leader Kevin McCarthy is considered a frontrunner, but faced opposition this week during the vote to determine the party’s nominee for the position. While McCarthy prevailed, the episode, coupled with the GOP’s expected razor-thin majority in the chamber, raised the possibility of a contentious speakership election when the new Congress begins on 3 January.
Today, rightwing congressman Andy Biggs reiterated his opposition to McCarthy’s candidacy. Biggs mounted an unsuccessful challenge to McCarthy in the election held Tuesday for House speaker nominee.
I’ve seen enough.
I cannot vote for Kevin McCarthy as House Speaker.
I do not believe he will ever get to 218 votes, and I refuse to assist him in his effort to get those votes.https://t.co/lyImFCOHgI
However, Paul Ryan, the last Republican to serve as House speaker, thinks McCarthy will put it off.
“I know all the people. I know the players. I think he’s going to be fine,” Ryan told Politico on Thursday.
While the effort may not end in impeachment, the incoming Republican House majority is already pushing for testimony from top homeland security officials, including secretary Alejandro Mayorkas.
GOP lawmakers on the judiciary committee sent the department a letter today requesting documents and testimony from a range of officials:
#BREAKING: Judiciary Republicans name potential witnesses from the Department of Homeland Security to take part in transcribed interviews and hearings early in the 118th Congress. pic.twitter.com/Aw4aObOpZA
Should these hearings occur next year, expect the committee’s new Republican leadership to spend much of their time exploring the situation at the southern border, where migrant arrivals have lately hit records. The GOP has sought to blame the Biden administration for the influx, and will likely use an appearance by Mayorkas and top officials in US Customs and Border Protection to make their case.
Republicans may have retaken the majority in the House, but their narrow margin of control is already affecting their priorities.
One of the consequences is that it’s made it less likely the party will launch impeachment proceedings against Joe Biden or one of his cabinet secretaries, such as homeland security chief Alejandro Mayorkas, or attorney general Merrick Garland, Politico reports.
The piece has a number of Republicans who hold moderate views or represent swing districts cautioning against attempts to force the Democratic leaders out of office, which would have virtually no chance of succeeding since Biden’s allies still control the Senate.
“I want to warn our colleagues: There may be some activists in our party that want impeachment. But I can tell you that the swing voters and the independent voters don’t. …We change leadership by elections, impeachment is the outlier,” Don Bacon of Nebraska says, expressing a sentiment common among GOP lawmakers quoted in the piece.
Even Marjorie Taylor Greene, one of the most far-right Republicans in Congress, wasn’t quick to endorse impeachment proceedings when approached by Politico. “I think that what we’re going to do is be proving everything through investigations and evidence. … So we’ve got to do the work on the committee, but I think there will be plenty of evidence to show that,” Greene said.
While Republicans managed to claw back control of Congress’s lower house last week, The Guardian’s Sam Levine reports Democrats made gains in state legislatures nationwide, with potentially significant consequences for voting and abortion rights:
While Democrats staved off a red wave in Washington during the midterm elections, the party’s most significant victories came far away from the US capitol. They were in state legislatures across the country with consequences that will be felt for years to come.
Over the last decade, Republicans have quietly amassed power in state capitols, investing in races for state legislatures that can be decided by just a few hundred votes. It’s an investment that has paid off wildly. Since state legislatures draw electoral districts in many places, Republicans have used that advantage to entrench their power, drawing district lines that further guaranteed their majorities. They’ve also used those majorities to pass measures that make it harder to vote, strip LGBTQ+ protections, loosen gun laws and restrict access to abortion.
Further complicating attempts to hold Donald Trump accountable is his return to the campaign trail. Chris McGreal looks at just how much of a factor his decision might play:
The law is clear. The politics less so.
If Donald Trump’s third run for the White House is propelled by large doses of narcissism and revenge, the former US president must also be hoping that a high-profile political campaign may help keep his myriad legal problems at bay before they bury him.
Prosecutors from New York to Georgia and Washington DC have spent months digging into an array of alleged crimes before, during and after Trump was president. Some of those investigations are coming to fruition with indictments expected to follow within months, possibly weeks, on charges that potentially could see Trump become the first former US president to go to prison.
His declaration that he is once again a candidate changes nothing under the law. Legal minds broadly agree that while a sitting president is protected from prosecution in office, that immunity disappears when they leave the White House.
But then there is the politics of a prosecution against a presidential candidate who has already dismissed the investigations of his attempts to overturn the 2020 election, the hoarding of top secret documents, and allegedly fraudulent business practices, as “politically motivated” and a Democratic “witch-hunt”.
Here’s more from The Guardian’s Hugo Lowell on the issue of the January 6 committee’s criminal referrals, which might be its most consequential piece of unfinished business:
The House January 6 select committee has created a subcommittee to examine the scope of potential criminal referrals it might make to the justice department over the Capitol attack as well as what materials to share with federal prosecutors, its chairman and other members said on Thursday.
The special subcommittee – led by Congressman Jamie Raskin, overseeing a four-person group that also involves Liz Cheney, Adam Schiff and Zoe Lofgren – has been chiefly focused on whether they have uncovered sufficient evidence that former US president Donald Trump violated civil and criminal statutes.
The subcommittee has also been tasked with resolving several other outstanding issues, the panel’s chairman Bennie Thompson said. They include what materials to share with the justice department before the end of December, and its response to Trump and Republican lawmakers who have not complied with subpoenas.
A reminder of some of the unfinished business awaiting the January 6 committee as the end of the year – and the end of its mandate – approach:
First, there’s the matter of Donald Trump. At what was likely its final public hearing last month, the lawmakers publicly voted to subpoena the former president’s testimony and documents. While Trump reportedly was open to the idea of appearing publicly before a panel he has no love for, he ultimately decided to challenge the subpoena in court. According to Politico, the panel could as soon as today file its response to his legal challenge.
As is typical for congressional select committees, the panel is expected to release a report detailing how the insurrection happened. It will probably be the most anticipated such document since the 9/11 Commission Report released in 2004.
The committee also has to decide whether to make criminal referrals to the justice department. Several members have hinted that Trump’s actions during the insurrection amounted to criminal acts, and referring him to the justice department would be a consequential step. They could also refer some of his former officials to face charges, while Politico reports that the members are also looking into whether Trump and his allies tampered with witnesses.
With Republican takeover only weeks away, January 6 committee looks to wrap up unfinished business
Good morning, US politics blog readers. It’s official: Republicans will take control of the House of Representatives when the new Congress starts on 3 January, which means the January 6 committee has only a few weeks left to finish up its investigation into the attack on the Capitol. The bipartisan panel is still interviewing witnesses with knowledge of Donald Trump’s actions and is expected to release a report before the year is finished. Meanwhile, Politico reports that they may as soon as today respond to the former president’s attempt to quash their subpoena compelling his testimony.
Here’s what else we can expect today:
Trump and Florida governor Ron DeSantis will both address the Republican Jewish Coalition National Leadership Meeting along with a host of other conservatives. However, since the former president is appearing virtually, it does not appear he’ll be in the same room as the Florida governor, who has lately emerged as his rival.
Joe Biden has returned to Washington from a long trip to Egypt and Asia, and will hold a public event with labor and business leaders at 1:30 pm eastern time.
Senate Republican leader Mitch McConnell released a statement of congratulations to Nancy Pelosi late yesterday evening after she announced she’d leave Democratic leadership. Kevin McCarthy, the incoming House Republican leader, has yet to do so.
This post has been corrected to indicate Biden will speak at 1:30 pm, not 1 pm.
