Congrats to Raphael Warnock. But Herschel Walker should never have even gotten close

The Kansas City Star

Congrats to Raphael Warnock. But Herschel Walker should never have even gotten close

The Kansas City Star Editorial Board – December 7, 2022

John Bazemore/The Associated Press

If you listened closely, you could hear millions of Americans sighing with relief Tuesday night, as the results from Georgia’s runoff Senate election came in.

It was close, but not too close. At night’s end, Sen. Raphael Warnock, a Democrat, bested opponent Herschel Walker, the Republican, by a margin of almost 3%.

Warnock adds to the Democrats’ majority in the Senate, 51 seats to 49. That will help the party in some ways, although faced with a Republican House majority and the filibuster, real legislative progress over the next two years will be difficult.

No. America’s deep breath wasn’t based on blue versus red politics, but on a firm understanding that Walker should never have been anywhere near a U.S. Senate seat. He may have been the worst major party Senate candidate in modern history.

The former football star repeatedly demonstrated a lack of understanding of the basics of American constitutional government, committing gaffe after gaffe that revealed his utter lack of preparation for public office.

He ducked interviews. On GOP-friendly Fox News, he needed assistance from Sen. Lindsey Graham and others. His personal challenges, involving alleged abuse of spouses and girlfriends and children, became common knowledge.

Not even the most Walker-friendly Georgians could have believed that a U.S. Senate seat was the highest and best use of Walker’s abilities. Yet he still earned more than 1.7 million votes, an astonishing number. How did that happen?

Part of the answer may be Walker’s celebrity — college football is a pretty big part of many Georgians’ lives. The more disturbing answer is the hundreds of thousands of Georgians who apparently cared more about the R next to Walker’s name than his character, experience or preparation for the job.

He may be a disaster, those voters seemed to be saying, but he’s our disaster.

The nation’s founders would be aghast. They believed character was immensely more important than party, which they resisted and feared. They believed in a government of wise men (and, of course, it was only men at the time).

That idea has been turned on its head. Donald Trump is the worst example of partisanship overwhelming character and personal integrity, but Walker — endorsed by Trump — was in the running for the same trophy.

Of course, Walker lost. And Trump, for all his bluster, has never won a popular vote. We can take some comfort in that.

Perhaps Tuesday’s results offer a reassuring sign that a majority of voters, albeit a slim majority, still believe that quality trumps party — whether it’s in Kansas, where Democratic Gov. Laura Kelly won a second term in a state dominated by Republicans, or in Deep South Georgia, where many Republicans crossed party lines to vote for Warnock, the Democrat.

Certainly, Republicans around the country should engage in rethinking its approach to these races, and others. That’s true in purely political terms: Republicans are losing voters in suburban places (see, for example, Johnson County, Kansas) precisely because residents have grown tired of Trumpesque bluster, or Walker-like incompetence.

It’s also true morally. Republicans had to have known of Walker’s problems, yet they nominated him anyway. It was deeply cynical, and dangerous. This nation has serious problems, and Walker was never a serious candidate.

Congratulations to Sen. Warnock, whose election night promise to serve all Georgians was eloquent and welcome. The nation could use more people like him, and if Republicans push more people like Herschel Walker, the nation will get them.

Why Putin Fears My Father Alexei Navalny

Time

Why Putin Fears My Father Alexei Navalny

Dasha Navalnaya – December 6, 2022

Appeal Hearing Held Over Navalny's 9-Year Sentence
Appeal Hearing Held Over Navalny’s 9-Year Sentence

Russian opposition politician, anti-corruption campaigner and founder of the Anti-Corruption Foundation (FBK), Alexey Navalny is seen on the screen during his legal appeal against his nine-year prison sentence, in Moscow’s City Court, on May 24, 2022, in Moscow, Russia. Appeal of Kremlin critic Navalny was rejected by the court on Tuesday. Credit – Getty Images

Over the past couple of years, the name Alexei Navalny has become known outside of Russia. You’ve read about him founding the Anti-Corruption Foundation to investigate the illicit wealth of Russian elites, getting detained numerous times over the years for attending protests against Putin’s regime, running for president in 2018, being poisoned in 2020, miraculously recovering and going back to fight for the better future of his country.

For you, these are just headlines around the world. For me, it’s the reality.

My name is Dasha Navalnaya. I’m a 21-year-old studying at Stanford University. My father—Alexei Navalny, became Vladimir Putin’s number one enemy by fighting the Kremlin’s corrupt and bloodthirsty regime.

Since 2011 the Anti-Corruption Foundation has been exposing the corruption of high-ranking government officials in Russia, one of the most famous investigations being Putin’s Palace. In August 2020, my father survived a chemical weapon poisoning with Novichok performed by FSB officers and, several months after recovering, successfully investigated his own assassination attempt.

Despite the dangers he faced, in January 2021, Alexei Navalny went back to Russia and was unlawfully arrested at the airport. He has since been serving his time in prison eye-to-eye with Putin’s jailers. Shortly after his arrest, the Anti-Corruption Foundation was recognized as an extremist organization in Russia. Its team members were prosecuted and forced into exile.

We all know that prison isn’t a place where you want to end up anywhere in the world, but, the conditions of the Russian prison system are far worse than those in the U.S. or Europe. There is nothing like a Russian prison to cripple even those in perfect health. My father survived a chemical weapons poisoning, which took a toll; he spent more than two weeks in a coma and over a month in intensive care. The rehabilitation took months. Shortly after the imprisonment, he started experiencing back pains and a gradual loss of control in his legs. He had to endure a 24-day hunger strike just to get access to medical help.

Barely surviving the hunger strike did not break his spirit—nothing ever will. But the solitary confinement conditions he is now subject to are clearly aimed at mentally breaking and physically killing him. My dad’s “residence” for over two months now – a 7 by 8 feet punishment cell, which is more of a concrete cage for someone of 6 ‘3 height. He spends days sitting on a low-iron stool (which exacerbates his back pain), with a mug being the only thing he’s allowed to keep. Even his bed is fastened to the wall from 6 AM to 10 PM.

Read More: The Man Putin Fears

On Thursday, November 17th, my dad was moved to the strict regime in a solitary housing unit. The rest of the prisoners live in barracks, which they can freely exit, but he will be permanently locked in the solitary cell. He wrote: “It is a regular cramped cell, like the punishment cell, except that you can have not one, but two books with you and use the prison kiosk, albeit with a very limited budget.” These new conditions will also prevent him from receiving any family visits—they are all completely banned. Being able to have a second book is definitely a bonus for an extremely fast reader like my dad.

I am proud to be my father’s daughter and walk tall knowing that despite the inhuman conditions, he has been standing up against Putin’s war in Ukraine and calling on the Russian people to do everything in their power to fight it.

Protesters hold a banner reading "FREE NAVALNY" as some 2,500 supporters of Russian opposition politician Alexei Navalny march in protest to demand his release from prison in Moscow on January 23, 2021 in Berlin, Germany.<span class="copyright">Omer Messinger-Getty Images</span>
Protesters hold a banner reading “FREE NAVALNY” as some 2,500 supporters of Russian opposition politician Alexei Navalny march in protest to demand his release from prison in Moscow on January 23, 2021 in Berlin, Germany.Omer Messinger-Getty Images

“Everything has a price, and now, in the spring of 2022, we must pay this price. There’s no one to do it for us. Let’s not ‘be against the war.’ Let’s fight against the war,”—he stated during the trial in March. It is now December, and since August my father has spent 78 days in the punishment cell, serving eight solitary confinement terms back-to-back.

Why was he sent to the solitary confinement punishment cell and now to a long term solitary confinement cell, you ask? Among the violations from the colony administration, my father has been sent to the punishment cell because: unbuttoning jumpsuit” (it is physically impossible to button as the jumpsuit is a few sizes smaller than his), refusing to mop the fence,” and “sweeping the exercise yard poorly and insulting the Сriminal Investigator Lieutenant by addressing him by title and surname instead of his first name and patronymic.” The most recent is simply being an “egregious offender” worthy of the “cell-type” room.

The real reason behind the constant punishments is and always has been, of course, Navalny’s condemnation of the Ukraine war and his opposition to the Putin regime. My father uses every appeal hearing as an opportunity to make an anti-war statement. During his recent hearing, he said: “Your Honor, I declare that I am an innocent person. And I believe that I and others like me did everything possible to prevent what is happening now. And we will continue to do so. And I call on all citizens of Russia to fight this regime, this war, and mobilization.”

“I will spend as much time in a punishment cell as will be necessary to defend my right to speak out against a historic crime Putin is committing” —is a sadly self-fulfilling prophecy in his case. The prison administration made it clear there’s no such thing as a glimpse of the rule of law when it comes to Navalny.

The latter is also attested by the fact that my father’s attorney-client confidentiality privilege no longer exists. The penal colony administration had simply decided to waive it. In recent months, all communication he has had with his lawyers goes through the prison administration. The window in the visiting room has been covered with an opaque film, so lawyers can only hear a voice and see their client’s silhouette as they discuss the defense in the new criminal cases against him (he currently is facing up to 30 years behind bars). My dad’s lawyers no longer have a visual understanding of his health and physical conditions. This is unique even by the low standards of the Russian judicial system.

To me, Alexei Navalny is not only a determined, hard-working, and charismatic leader but also a funny, caring, and incredible father. He taught me how to ride a bike; he helped with math equations and grammar questions when I simply could not wrap my elementary school brain around the concept of semicolons. In middle school, when I made my first attempt to cook porridge, when it turned out to be way too salty, my dad smiled, didn’t discourage me, and ate the whole thing. For hours he helped me learn the poem “The Prophet” by Alexander Pushkin so well it is still engraved in my mind. Every September, he walked my younger brother and me to school on the first day of class. My dad was there for our competitions, concerts, and graduations. And has always written me or anyone he holds close a loving and hilarious letter on our birthday if he was arrested and couldn’t be with us in person.

Now he can’t even do that.

Our family has always taken pride in its optimism: we prefer jokes over complaining when the worse comes. We’ve seen a lot over the years and made sure not to take it too close to heart. My father was detained at least once almost every year between 2011 and 2021, with time spent in prison longer and longer. My mother was detained and tried; my uncle served 3.5 years in prison for the simple crime of having the same last name. Our whole family, including my grandparents and great-grandparents, has been harassed and unlawfully prosecuted many times. Not to mention the “good old times” when the FSB poisoners were close to killing my mother and almost killed my father

It is impossible to get used to the idea that your loved ones can be imprisoned or killed at any time for a made-up reason, but over time it became part of our family routine. “So, I assume you won’t be coming to dinner tonight?” I’d ask my dad whenever he was getting ready to go to a protest. He would respond with a snicker.

The Russian regime has always been based on corruption and it is now based on war – for Putin, these are the two prerequisites for staying in power. That is why he is ready to destroy anyone who dares to expose them. And he treats my father with a personal hatred—as his most implacable opponent for many years.

As you read these lines, Navalny is in mortal danger, but he continues to stand by what he believes in. He has proven willing to sacrifice his freedom, health, and even his life to see Russia become a democratic, prosperous country. And right now, even from prison, he is fighting to make it peaceful. By his example, he supports and inspires millions of Russians who, like him, are unwilling to tolerate war and injustice.

Putin must be defeated. He is a threat not only to Russia and Ukraine but to the world. The very essence of authoritarian power involves a constant increase in bets, an increase in aggression, and the search for new enemies. In order not to lose in this struggle, we must unite.

My father is one of the leaders of this struggle, and he must be out there. He challenges Putin every day, but together we can ensure that his efforts are not in vain and that his words are heard around the world. I now turn to world leaders and ask them to support my call to the Russian government to release my father.

Let’s all strive for a better, more prosperous global future where we can choose our own leaders. Free Alexei Navalny!

Trump Had Hidden $19.8 Million Loan From North Korea-Linked Company As President: Report

HuffPost

Trump Had Hidden $19.8 Million Loan From North Korea-Linked Company As President: Report

Mary Papenfuss – December 5, 2022

Donald Trump failed to disclose a $19.8 million loan from a company with ties to North Korea while he was president, Forbes reported Sunday, citing documents uncovered by the New York attorney general’s office.

Trump owed the money to L/P Daewoo while he was campaigning in 2016 and into his presidency, according to records. He didn’t list the debt in financial disclosure filings, as candidates and presidents are expected to do, Forbes reported.

The loan was paid off just over five months into his presidency. Forbes said the documents don’t specify who satisfied it.

Daewoo is a South Korean conglomerate that partnered with Trump on a development project near the United Nations headquarters in New York City and on several other projects over the years. The company has ties to North Korea, Forbes reported, and was the only South Korean company allowed to operate a business in North Korea in the mid-1990s.

Trump may have skirted disclosure laws and not committed an outright violation because the loan was on the books of his company, the Trump Organization, and not identified as a personal loan, Forbes noted.

The debt would have sparked conflict of interest concerns over an American president’s indebtedness to a foreign operation vulnerable to influence by North Korea’s rogue government. Trump often gushed about his close relationship with North Korean leader Kim Jong Un.

Such loans are largely reported on an honor system because the U.S. Office of Government Ethics has neither the resources nor the power to delve into a president’s assets.

“If someone does not disclose a loan, OGE has no way to know,” said Walter Shaub, who ran that agency when Trump took office.

Don Fox, who once also headed the office, told Forbes:“The system is kind of predicated upon people actually following a law because they want to follow the law.”

Check out the Forbes article here.

Related…

Appeals court orders end to special master review process in Trump documents case

CBS News

Appeals court orders end to special master review process in Trump documents case

Robert Legare – December 1, 2022

Washington – A three-judge federal appeals court panel in Atlanta ruled that the special master review process that oversaw the Justice Department’s use of non-classified evidence collected earlier this year at former President Donald Trump’s Florida residence must end.

The unanimous decision from the U.S. Court of Appeals for the 11th Circuit reversed the decision of Judge Aileen Cannon, a federal judge from Florida who granted Trump’s request for the review and appointed semi-retired federal Judge Raymond Dearie of New York as an independent arbiter, or special master, to sift through the documents for any that may be subject to claims of privilege by the former president.

That decision also barred investigators from using the roughly 13,000 documents taken from Mar-a-Lago, Trump’s resort, during the execution of a search warrant on Aug. 8 for investigative purposes. A separate appeals court decision from September permitted the Justice Department to use more than 100 documents with classified markings it seized for its investigation into Trump’s alleged mishandling of sensitive documents, and Thursday’s subsequent decision grants the government full access to the evidentiary record.

Trump can now ask the full 11th Circuit to rehear the case or appeal the decision to the Supreme Court.

In a statement, Trump spokesperson Steven Cheung said the former president called the panel’s decision “procedural and based only on jurisdiction.”

“The decision does not address the merits that clearly demonstrate the impropriety of the unprecedented, illegal, and unwarranted raid on Mar-a-Lago,” Cheung’s statement said.

But in fact, the 11th Circuit’s opinion made clear that the execution of the search warrant — the “raid” — was legal.

The Justice Department “presented an FBI agent’s sworn affidavit to a Florida magistrate judge, who agreed that probable cause existed to believe that evidence of criminal violations would likely be found at Mar-a-Lago,” the opinion stated.

“President Donald J. Trump will continue to fight against the weaponized Department of ‘Justice,’ while standing for America and Americans,”  Cheung added.

Trump and his allies have frequently accused Attorney General Merrick Garland of weaponizing the Justice Department against Republicans, although no court has found any evidence of that.

Former President Donald Trump applauds while speaking at the Mar-a-Lago Club in Palm Beach, Florida, on Nov. 15, 2022.  / Credit: ALON SKUY/AFP via Getty Images
Former President Donald Trump applauds while speaking at the Mar-a-Lago Club in Palm Beach, Florida, on Nov. 15, 2022. / Credit: ALON SKUY/AFP via Getty Images

“The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so,” Chief Judge William Pryor and Judges Britt Grant and Andrew Brasher said in their 23-page opinion. “Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations.”

Pryor was appointed to the 11th Circuit by former President George W. Bush, while Grant and Brasher were named by Trump.

The opinion from the 11th Circuit wipes away Cannon’s order appointing the special master and sends the case back to the lower court with instructions for it to be dismissed.

“This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation,” the judges wrote. “The answer is no.”

Trump first asked Cannon to appoint a special master to review the seized documents in late August, two weeks after the FBI conducted the search of his office and storage room at Mar-a-Lago. Prosecutors say they are conducting a national security investigation into those and other sensitive documents retrieved from the Florida resort after Trump left office, and possible obstruction of that probe.

When issuing her original order appointing the special master, Cannon wrote that Trump faced an “unequitable potential harm by way of improper disclosure of sensitive information to the public,” but criminal investigators rarely — if ever — release seized evidence to the public unless criminal charges are filed. The Justice Department has repeatedly argued the entire process was premature and unnecessary.

The former president’s legal team has said Cannon’s order appointing a special master was not appealable and claimed that Trump deemed the records he brought to Mar-a-Lago as “personal” while he was still in office, a designation allowed under the Presidential Records Act (PRA).

“It is simply untenable to conclude any president may be subject to a criminal charge for exercising the unfettered rights set forth in the PRA to categorize certain documents as ‘personal’ during that president’s term of office,” they told the 11th Circuit in filings.

But the 11th Circuit noted that even if Trump did designate the document as “personal,” search warrants authorize the seizure of such records.

“As we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause,” the judges wrote.

Claims of attorney-client privilege have mostly been resolved by the two parties, but Trump argued some of the seized records belong to him in a personal capacity as the former president. His legal team has said the documents he brought to Mar-a-Lago must be considered “presumptively privileged” by the courts and shielded from the criminal investigation until the independent review concludes.

Throughout the appeal, prosecutors remained opposed to Trump’s reading of the law, writing in part that he cannot assert executive privilege to preclude review of executive branch documents by the executive branch itself.  The Justice Department also argued that Cannon overstepped when she issued her September injunction barring the FBI from using the seized material for investigative purposes.

A three-judge panel heard oral arguments in the dispute last week, during which they appeared open to the Justice Department’s position that Cannon wrongly appointed the special master to review the seized documents and erred when she issued her injunction.

Thursday’s ruling comes after Attorney General Merrick Garland last month appointed a special counsel to oversee the Justice Department’s investigation into Trump’s handling of government records, as well as the department’s probe into his efforts to subvert the results of the 2020 presidential election.

Florida federal Judge Aileen Cannon ‘slammed’ by appeals court in Trump case

Miami Herald

Florida federal Judge Aileen Cannon ‘slammed’ by appeals court in Trump case

Jay Weaver – December 2, 2022

Three months ago, U.S. District Judge Aileen Cannon made the controversial call to appoint an independent expert to examine documents — including classified government materials — seized by FBI agents from former President Donald Trump’s Palm Beach residence.

She did so despite expressing initial doubts in her own ruling about intervening in the politically charged case.

In a scathing ruling issued Thursday night, a federal appellate court in Atlanta found she should have heeded her first legal concerns. A three-judge panel, all Republican-appointees like Cannon, reversed her decision to name a “special master” because she had no authority to do so and effectively killed the case as legal experts consider a potential appeal unlikely to succeed.

The ruling from the 11th U.S. Circuit Court of Appeals, several South Florida and other legal experts said, left little room for argument.

“The key point is that Judge Cannon had no jurisdiction to do anything here,” said Mark Schnapp, a former federal prosecutor and longtime Miami criminal defense attorney. “She tried to assert equitable jurisdiction [to appoint the special master], but her own opinion showed why her analysis was defective.

“Her opinion got ripped to shreds by the Eleventh Circuit Court,” he said.

Read More: Trump wanted a special master. So did a businessman. The judge treated them differently

In her Sept. 5 order, Cannon noted that she agreed with Justice Department lawyers that FBI agents carrying a search warrant for Trump’s Mar-a-Lago estate had not shown a “callous disregard for [his] constitutional rights,” concluding that “this factor cuts against the exercise of equitable jurisdiction.”

But rather than follow her own analysis, Cannon extended Trump protections not provided to ordinary citizens by appointing a special master to review the FBI’s evidence, citing the “unprecedented circumstances” of the U.S. government raiding a former president’s home.

Cannon, who was nominated by Trump and joined the federal bench in South Florida at the end of his term in 2020, assumed jurisdiction in the Justice Department’s investigation of his alleged mishandling of classified documents and possible national security violations. She appointed a New York special master to view about 100 classified records and thousands of other personal and presidential records taken from Trump’s home on Aug. 8 to determine if any contained privileged correspondence with lawyers. Cannon refused to let a Justice Department “filter team” of agents and prosecutors do the job.

Her decision, in response to a civil lawsuit seeking to have certain privileged documents returned to Trump, slowed down the FBI’s criminal probe of the former president. The Justice Department appealed her ruling and has now scored a major legal victory, allowing its investigation of the classified documents case to move forward at full throttle.

Former President Donald Trump speaks at Mar-a-Lago Friday, Nov. 18, 2022, in Palm Beach, Fla. Earlier in the day Attorney General Merrick Garland named a special counsel to oversee the Justice Department’s investigation into the presence of classified documents at Trump’s Florida estate and aspects of a separate probe involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election.
Former President Donald Trump speaks at Mar-a-Lago Friday, Nov. 18, 2022, in Palm Beach, Fla. Earlier in the day Attorney General Merrick Garland named a special counsel to oversee the Justice Department’s investigation into the presence of classified documents at Trump’s Florida estate and aspects of a separate probe involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election.

The impact is immediate: Cannon’s decision will not only be thrown out based on her lack of jurisdiction but the special master’s still-unfinished review will be shut down, bringing Trump’s lawsuit to dead end.

While the former president’s lawyers are expected to pursue a counter appeal experts say it will likely fall on deaf ears given the blunt appellate decision: “This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation. The answer is no.”

Legal experts in South Florida agreed, saying Cannon should have rejected Trump’s lawsuit seeking to thwart the Justice Department’s investigation after the FBI obtained a search warrant from a magistrate judge who found probable cause of a crime over his storing of classified and other presidential documents at the Mar-a-Lago club and residence after he left the White House in January 2021.

“The bottom line is, he didn’t have presidential privilege anymore because he was no longer president,” said retired career federal prosecutor Dick Gregorie. “She had no business sticking her nose in it, and they slammed her for it.”

Carl Tobias, a University of Richmond law professor, echoed that view, saying the Atlanta appellate judges “ripped her [decision] apart” during oral arguments and so the outcome “was not surprising.”

Tobias said that Cannon never “justified” her decision to invoke jurisdiction in Trump’s case, saying her conclusion to appoint a special master was “wrong.” But he added: “I don’t think she’s acting in bad faith. She’s a junior judge acting in isolation” in Fort Pierce.” That’s where Cannon was assigned when she joined the federal bench in the Southern District of Florida.

The appellate panel’s ruling came from three Republican-appointed judges, including two by Trump. It also marks the second time that the Atlanta court has dealt a major blow to Cannon in her handling of the high-profile case. After her initial decision to appoint the special master, the appellate court ruled that the outside expert, New York U.S. District Judge Raymond Dearie, could not review the classified documents taken from Mar-a-Lago, and that they should be returned immediately to U.S. investigators.

In a 21-page ruling issued late Thursday, the judges — Chief Judge William H. Pryor, Britt Grant and Andrew L. Brasher — described the Trump legal team’s arguments as a “sideshow,” highlighting that his lawyers never made the fundamental point that FBI agents showed a “callous disregard” for the former president’s constitutional rights. The appellate panel found that the “callous disregard standard has not been met here, and no one argues otherwise” — including the presiding judge, Cannon.

“There is no record evidence that the government exceeded the scope of the warrant — which, it bears repeating, was authorized by a [West Palm Beach] magistrate judge’s finding of probable cause [of a crime],” the panel wrote. “And yet again, [Trump’s] argument would apply universally; presumably any subject of a search warrant would like all of his property back before the government has a chance to use it.”

The panel said that the proper time for Trump or any other suspect in a criminal investigation to challenge the government’s seizure of property would be after an indictment has been returned by a grand jury. The grand jury in Washington, D.C., is currently reviewing evidence and hearing witness testimony in the Mar-a-Lago documents probe, according to published reports. U.S. Attorney General Merrick Garland recently appointed a special prosecutor, Jack Smith, to oversee the investigation., which followed Trump’s announcement that he is running for president in 2024.

The Atlanta appellate judges noted that it is “indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation.”

Citing a legal test on jurisdiction that has been in place for nearly 50 years, the three-judge panel wrote that “its limits apply no matter who the government is investigating.”

“The law is clear,” the panel concluded. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of a warrant. Nor can we write a rule that allows only former presidents to do so.“

Winter comes to Ukraine: Civilians forced to face ‘extremely difficult few months ahead’ as Russian invasion grinds on

Yahoo! News

Winter comes to Ukraine: Civilians forced to face ‘extremely difficult few months ahead’ as Russian invasion grinds on

Niamh Cavanagh, Reporter – December 1, 2022

TBILISI, Georgia — It’s been nine months since Russia launched its “special operation” in Ukraine in what President Vladimir Putin claimed was done to “de-Nazify” the region. Since February, millions of Ukrainians have fled to neighboring countries, while others, unable to leave, have taken shelter in train stations and in the basements of buildings from heavy shelling and invading forces.

As the weather in Ukraine drops below freezing, with average temperatures this time of year around 20°F, civilians will be forced to defend themselves against another threat: the oncoming winter. In recent weeks, Russia’s military has ramped up attacks on critical infrastructures in cities such as Kyiv and Lviv. In just one day last month, Russia’s military launched between 60 and 100 missiles at several major cities.

Among the targets was the national power grid, its operator said. Volodymyr Kudrytskyi, CEO of Ukrenergo, said the attacks on the grid had been “colossal.” In a briefing to reporters, he stated that Ukrainians could face power outages as the grid could not “generate as much energy as consumers can use.”

A view of damaged electrical wires after the Ukrainian army retook control from Russian forces in Lyman, Ukraine, on Nov. 27.
A view of damaged electrical wires after the Ukrainian army retook control from Russian forces in Lyman, Ukraine, on Nov. 27. (Metin Aktas/Anadolu Agency via Getty Images)

As a result of the colder weather and lack of basic necessities in Ukraine, a World Health Organization regional director said that at least 3 million people would be displaced in the coming months. “This winter will be life-threatening for millions of people in Ukraine,” Hans Henri P. Kluge said in a statement. “We expect 2–3 million more people to leave their homes in search of warmth and safety.”

Similarly, the top U.S. general and chairman of the Joint Chiefs of Staff, Mark Milley, said there would be “incalculable human suffering” as families are left without electricity and heat. “Basic human survival and subsistence is going to be severely impacted, and human suffering for the Ukrainian population is going to increase,” Milley said. He went on to say that the Russian strikes on energy infrastructure would “undoubtedly hinder Ukraine’s ability to care for the sick and the elderly. … The elderly are going to be exposed to the elements.”

Elderly residents are evacuated from the southern city of Kherson, Ukraine, on Nov. 27.
Elderly residents are evacuated from the southern city of Kherson, Ukraine, on Nov. 27. (Bernat Armangue/AP)

On Tuesday, during a NATO two-day conference held in Romania, Secretary-General Jens Stoltenberg accused Putin of trying to “weaponize winter.” “Russia is using brutal missile and drone attacks to leave Ukraine cold and dark this winter,” Stoltenberg said. Now Ukrainians are either forced to “freeze or flee.”

And there are some who are deciding to stay. Yahoo News spoke to a mother of two based in Lviv, where she runs a bakery with her husband. Asked why she wanted to stay despite the bombings and the looming bitter winter, Kateryna Humenyuk said: “Of course, we are worried. But as long as it is possible to live here, we will raise the economy of our country and look for all possible options for the safety of our children.”

In the residential area where she lives, Humenyuk said that the infrastructure had been “badly damaged” from a previous bombing. “There was no light and therefore no heat.” She added: “But fortunately, our energy workers have restored everything and there is still light, although there are still intermittent blackouts.” For those, Humenyuk explained how her husband connected an ordinary lightbulb to a car battery. ”It’s a pity it does not give warmth,” she said.

Kateryna Humenyuk with her husband and children.
Kateryna Humenyuk with her husband and children. (Courtesy of Kateryna Humenyuk)

Across Ukraine, there are organizations, both local and international, that are helping those who will stay during the long winter. One organization on the ground in Ukraine is Plan International, which, among other services, provides Ukrainians with thermal blankets, winter clothing, heat appliances and fuel ahead of the winter months.

Speaking to Yahoo News, Mia Haglund Heelas, Plan International’s head of Mission Ukraine Crisis Response, said that the freezing temperatures will have a “brutal impact” on the lives of millions of Ukrainian children and their families. “Many are living in homes that are damaged and are not able to provide the protection that you need when you meet very harsh winter conditions,” she said. “Now, with the beginning of winter, and the below-zero temperatures, this is the start of an extremely difficult few months ahead.”

With the charity being a children’s rights organization, Heelas said it also provides protective gear for children making their way to school during the harsh winter conditions. So far the organization has supported around 14,000 individuals, particularly those living in isolated areas.

A woman is seen making her way through the snow on Nov. 27 in Kyiv.
A woman is seen making her way through the snow on Nov. 27 in Kyiv. (Jeff J. Mitchell/Getty Images)

McCarthy Warns Jan. 6 Committee Republicans Will Investigate Its Work

The New York Times

McCarthy Warns Jan. 6 Committee Republicans Will Investigate Its Work

Luke Broadwater – December 1, 2022

Rep. Kevin McCarthy (R-Calif) speaks at the Republican Jewish Coalition at the Venetian Resort and Casino in Las Vegas, on Nov. 19, 2022. (Mikayla Whitmore/The New York Times)
Rep. Kevin McCarthy (R-Calif) speaks at the Republican Jewish Coalition at the Venetian Resort and Casino in Las Vegas, on Nov. 19, 2022. (Mikayla Whitmore/The New York Times)

WASHINGTON — Rep. Kevin McCarthy, the California Republican who is attempting to become the next House speaker, on Wednesday warned the special committee investigating the Jan. 6, 2021, attack on the Capitol that members of his party planned to launch an inquiry of their own into the panel’s work next year when Republicans assume control of the chamber.

In a letter sent to the committee’s chair, McCarthy instructed the panel to preserve its records — an action already required under House rules — including any recorded transcripts of its more than 1,000 interviews. The missive was the first official indication that newly empowered House Republicans plan not only to end the inquiry at the start of the new Congress, but also to attempt to dismantle and discredit its findings — the latest piece of a broader effort the party has undertaken over the past two years to deny, downplay or shift blame for the deadly attack by a pro-Trump mob.

It comes as McCarthy toils to shore up his position with hard-right Republicans in his conference who have refused to support his bid for speaker, imperiling his chances of being elected in January.

McCarthy pledged in the letter that he would hold public hearings scrutinizing the security breakdowns that occurred during the assault, when a pro-Trump mob stormed the Capitol, disrupting Congress’s formal count of electoral votes to confirm Joe Biden’s election as president.

“Although your committee’s public hearings did not focus on why the Capitol complex was not secure on Jan. 6, 2021, the Republican majority in the 118th Congress will hold hearings that do so,” McCarthy wrote to Rep. Bennie Thompson, D-Miss. and chair of the committee.

A spokesperson for the Jan. 6 committee declined to comment on the letter, which was reported earlier by The Federalist.

The committee, which will be dissolved at the end of the current Congress, is finishing up its final batch of witness interviews, including a session on Wednesday with Robin Vos, the speaker of the Wisconsin State Assembly, who said former President Donald Trump has continued to try to pressure lawmakers to overturn the 2020 election — even more than a year after his defeat.

The panel is also completing an extensive report, which is expected to be released in December and is the subject of much internal debate over how much to focus on Trump’s actions versus security failures at the Capitol. Members of the committee’s so-called Blue Team have conducted months of investigation and research into such failures, but it was unclear how much of their work would be featured.

McCarthy highlighted the complaints raised by some current and former staffers in media reports that their work investigating security failures, the financing of the rallies that preceded the attack and the threat of white nationalism would be overshadowed in the report by a focus on Trump’s attempts to overturn the 2020 election.

Lawmakers on the committee have said they are attempting to create a readable report — and had to make difficult choices about what to include, given the voluminous evidence accumulated — but plan to release the full transcripts of their interviews after making some redactions to prevent the identification of witnesses who were granted anonymity.

In addition to interviewing more than 1,000 witnesses, the committee has obtained more than 1 million pages of documents.

Shortly after the attack, both the Senate and the House held multiple hearings investigating security failures, and the Senate produced a bipartisan report detailing those failures.

Republicans, especially those on the hard right, have pressed to focus on the security flaws, which they have baselessly blamed on Speaker Nancy Pelosi, rather than on Trump’s role in pushing for the election to be overturned and summoning a large crowd to march on the Capitol, where they attacked and injured more than 150 police officers in a bloody rampage.

In a recent closed-door meeting of Republicans, right-wing lawmakers including Rep. Marjorie Taylor Greene of Georgia also extracted a promise that their leaders would investigate Pelosi and the Justice Department for their treatment of defendants jailed in connection with the Jan. 6 attack.

McCarthy has long derided the Jan. 6 committee’s investigation. He refused to comply with a subpoena and argued the panel is “illegitimate,” citing Pelosi’s rejection of two of his nominees.

The panel has taken no step to enforce that subpoena, citing congressional traditions.

Only women who suffered in Russian prisons can know Brittney Griner’s agony

AZ Central – The Arizona Republic

Only women who suffered in Russian prisons can know Brittney Griner’s agony

Phil Boas, Arizona Republic – December 1, 2022

The story of Brittney Griner may ultimately turn out to be an historic marker that shows just how completely ignorant Americans were of their world in the early 21st century.

It may show how the people of this country were so removed from history and hard facts we could not comprehend the story of a Phoenix pro basketball player taken prisoner by the Russians.

This is not a story about a woman who did the crime and now must do the time.

If you believe that, you’re not only a fool, you’re a mean and ignorant lout.

Nor is this the story of U.S. indifference to women of color or LGBTQ people, or some sign we need to reform America’s draconian marijuana laws.

If you believe that, you’re indecent. You’re exploiting someone else’s suffering to advance your politics.

The Brittney Griner story is really an old story, a soul crushing tale of how historic events are indifferent to the agony of a single human being.

Brittney Griner could spend her life in prison
WNBA star and two-time Olympic gold medalist Brittney Griner stands in a cage at a court room prior to a hearing, in Khimki just outside Moscow on July 26, 2022.
WNBA star and two-time Olympic gold medalist Brittney Griner stands in a cage at a court room prior to a hearing, in Khimki just outside Moscow on July 26, 2022.

We all know Griner’s predicament could end tomorrow with a U.S.-Russian prisoner swap. But what few are saying and must know is that it might never end, that Brittney Griner is caught in the awakening gears of a changing world and could conceivably spend the rest of her life in captivity.

Even before the Russians seized upon her as a bargaining chip exactly one week before its Feb. 24 invasion of Ukraine, people were writing and speaking about what she is facing.

They are the only people who truly understand Brittney Griner. They’re women, they’re mostly Russian, and they have endured one of the worst penal systems on earth − the Russian gulag.

After Griner’s sentence:Russian media plays the international victim card

They know that what is in store for her is utterly hair-raising – a misery that few civilized people will ever know or comprehend.

Wait a minute, you say. The gulag? Isn’t that a relic of Soviet communism and Alexander Solzhenitsyn and “One Day in the Life of Ivan Denisovich”?

No.

The Russian gulag lives. And Brittney Griner is trapped in its gear train.

Human rights violations, torture are common

“Our prison system was never reformed,” said “Nadya” Tolokonnikova, a member of the Russian punk band and activist group Pussy Riot and one of Griner’s fiercest advocates.

In March 2012, “Nadya” was arrested with other members of her band after protesting 40 seconds against Vladimir Putin’s Russia at Moscow’s Cathedral of Christ the Savior. She was sentenced to two years in prison.

“There was no period after gulag time,” she told the Oxford Union Society. There was talk of reforming Russian prisons, but “they never did it. That’s why we still live in barracks. Still live like slaves. One hundred women are sharing three toilets, and you can imagine what kind of mayhem (that causes) in the morning. It’s no fun.”

Jan Strzelecki, writing in 2019 for The Centre for Eastern Studies, noted that “most Russian penal colonies and prisons were built back in Stalinist times. Despite several attempts to reform the prison system in Russia, they still resemble the Soviet Gulag: human rights violations and torture are common.”

If Russian prisons are bad, Griner is getting the worst of it.

She is serving her nine-year sentence in IK-2, part of a notorious system of Russian penal colonies near Mordovia, a region about 300 miles east of Moscow, The (London) Guardian reports. “The prisons were built in the early 1930s as part of the gulag system of the Stalin era and together make up one of the largest penal complexes in Europe.”

Griner was sent to Russia’s ‘worst’ penal colony

Griner was arrested and later convicted of possessing vape cartridges with tiny amounts of marijuana. Yet, that is immaterial. Her sentence is a sham, because there is no Russian justice system.

In 2016, the acquittal rate in Russia’s criminal courts was a “merciless” 0.36%, reports the news-commentary site Riddle. The prison where Griner is serving her sentence cares nothing about justice or human dignity.

When Pussy Riot learned where Griner was headed, it tweeted out to its 243,000 followers, “Brittney Griner was transported to IK-2 Mordovia, the WORST penal colony in Russia.”

“Nadya” Tolokonnikova told MSNBC, “I’m terrified that Brittney Griner was moved to IK-2. … I was protesting terrible conditions in my penal colony, but I know (about) every chief official who works at IK-2 and I know exactly what human rights abuses they perform on a daily basis and the kinds of tortures that they use against prisoners.”

It has become a common phrase among Russian inmates that “If you haven’t served time in Mordovia, you know nothing about prison.”

Gelena Alekseyeva, a former government minister in Saratov, a port city on the Volga, served 3½ years in Mordovia for abetting commercial bribery.

“When the girls find out that they’re going to Mordovia, they cut their wrists, do everything possible: get sick, swallow nails, just so they don’t have to go there,” she told RadioFreeEurope.

Prisoners are punished psychologically

In a September 2013 letter, Pussy Riot’s “Nadya” described how Russian internment is not just a prison of walls and barbed wire.

It’s a prison of forgotten history, of remote geography; a prison of the mind and of physical deprivation; a prison of concentric circles that surround each inmate and make their lives a living hell.

The female wards of Mordovia are caught in a “medieval” system that most of the rest of the world left behind many decades ago.

To demonstrate that point, “Galena” told the story of the cats.

In Russian prisons cats are common because the places are overrun with vermin. “Mice lived with us. Rats lived with us in the industrial zone. Before you went into the bathroom, you needed to knock – there were special poles for that. So that the rats would scatter, you understand.”

To attack the problem, the prisons introduced cats to kill the rats. But the cats would reproduce and create their own problem, she told RadioFreeEurope. The Russians solved that by gathering up the kittens and throwing them into a sack and then into a furnace.

Starved for companionship, Russian women inmates grow fond of the cats. “There is nothing more dear to the inmates than these kittens and cats. But they can also be used for punishment. So, if you sewed badly today then we will burn the cats! They don’t punish one or two people − they punish a whole brigade.”

They also engage in slave labor

The sewing is a reference to the day labor of Russian women prisoners. In her letter on prison conditions, “Nadya” wrote, “My brigade in the sewing shop works 16 to 17 hours a day. From 7.30 am to 12.30 am. At best, we get four hours of sleep a night. We have a day off once every month and a half. We work almost every Sunday.”

The sewing machines are “ancient” and dangerous, she wrote. “Your hands are pierced with needle marks and covered in scratches, your blood is all over the work table, but still, you keep sewing.”

“Galena” explained how the old industrial sewing equipment makes it very easy to make a mistake.

“The saw cuts the fabric along a chalk line continuously. God forbid, if the saw cuts somewhere else [and not on the chalk line], then all 100 cuts are ruined. I can say that fingers on the saw are chopped off, cut, blood flows. This is definitely unsafe, requiring some training.”

Miss a quota and not only you, but your entire brigade of prisoners is punished. This breeds anger and resentment.

“Prisoners are always on the verge of breaking down, screaming at each other, fighting over the smallest things. Just recently a young woman got stabbed in the head with a pair of scissors because she didn’t turn in a pair of pants on time.”

Prisons turn prisoner against prisoner

Those who disobey orders can be sent outdoors into the Russian winter.

“Nadya” told of one woman from a brigade of disabled and elderly prisoners who was punished this way for an entire day. Her frostbite was so bad “they had to amputate her fingers and one of her feet.”

One of the age-old techniques of Russian prisons is to turn prisoner against prisoner.

In their book “Before and After Prison: Women’s Stories,” a group of Russian sociologists explained that the heavy surveillance in Russian women’s prisons is enhanced by a less formal system of snitching.

“The system of squealing and earning high marks with the management for snooping on others, which was originally created in the Gulag [Soviet-era labor camps], has effectively survived until the present day,” St. Petersburg sociologist Yelena Omelchenko told The Moscow Times.

The result is an inmate population that doesn’t trust one another and routinely acts out in retribution.

“Women are cruel, and they are extremely nasty to each other, vicious as hell,” said Yulia, a prisoner whose story is included in the book. “If you are ill, or weak or old, they will be sure to exploit you, humiliate you, harass you, sometimes just for fun.

“… We were working in a sewing workshop in the colony, and some vicious inmates would cut the items that the girls in my team made so that we would fail to fulfill the plan.”

It’s all designed to dispirit inmates

That cruelty starts at the very beginning.

When Veronika Krass entered prison IK-14 in Mordovia in 2014, her eyes were drawn to the words on the entrance wall.

“Welcome To Hell.”

“When someone enters the colony, there’s a lineup in the yard,” she told RadioFreeEurope. “Everyone yells, ‘Fresh meat has arrived.’ The (new) inmates react of course to this − they are afraid.”

Soon they will be caught up in a system that deprives them of privacy, self-respect, food and their own humanity.

“The food and hygiene were unspeakable,” wrote “Nadya.” “It was a degrading and humiliating experience, and a great trauma for everyone who went through it.

Food consisted of rotten “slimy blackened” potatoes, stale bread and watered-down milk and rancid porridge, she said.

Know what Griner is facing before you speak

In her prison, “Galina” said, “It was awful, and really felt like barracks. And there was only one toilet room − with two toilets in it − per one detachment of three hundred people, who had a total of half an hour in the morning to use this toilet. It was surreal. […] We hardly ever had hot water, and the toilets, if they broke, would not be repaired. It was a concentration camp.”

Wrote “Nadya” in her letter, “Life in the colony is constructed in such a way as to make the inmate feel like a filthy animal who has no rights.”

“When the pipes get clogged, urine bursts forth from the washrooms and feces fly. We have learned to clean the sewage pipes ourselves, but the results do not last long: the pipes get backed up again. The colony does not have a cable for cleaning pipes. We can wash our clothes once a week, in a small room with three faucets from which cold water drips.”

In women’s prisons, toilets and showers do not have partitions. The sociologist Omelchenko said the “devastating lack of personal space” was intentional. “Whether you are eating or working or sleeping or showering, and even when you are using the toilet, you are exposed to others.”

“When I discovered, during the course of my research, how they renovated a toilet in one colony, I was stunned,” Omelchenko recalled. “In front of a row of holes in the ground − not separated by partitions − they placed a large mirror. I am still not fully convinced that the person who was responsible for that interior design solution was not in fact a moral sadist.”

Before you condemn Brittney Griner for breaking Russian law or before you use her story to score cheap political points, you need to understand what she is facing.

You need to know that the one man who holds the key to her release, a tyrant name Vladimir Putin, is also the man most responsible for the barbaric conditions in which she now lives.

Phil Boas is an editorial columnist for The Arizona Republic. 

Oath Keepers’ Rhodes guilty of Jan. 6 seditious conspiracy

Associated Press

Oath Keepers’ Rhodes guilty of Jan. 6 seditious conspiracy

Lindsay Whitehurst, Alanna Durkin Richer and Michael Kunzelman

November 30, 2022

FILE - Stewart Rhodes, founder of the citizen militia group known as the Oath Keepers speaks during a rally outside the White House in Washington, on June 25, 2017. Rhodes was convicted Tuesday, Nov. 29, 2022, of seditious conspiracy for a violent plot to overturn Democrat Joe Biden’s presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Susan Walsh, File)
Stewart Rhodes, founder of the citizen militia group known as the Oath Keepers speaks during a rally outside the White House in Washington, on June 25, 2017. Rhodes was convicted Tuesday, Nov. 29, 2022, of seditious conspiracy for a violent plot to overturn Democrat Joe Biden’s presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Susan Walsh, File)
Attorneys for Oath Keepers leader Stewart Rhodes, James Lee Bright, center left, and Edward Tarpley, left, speak to members of the media outside the Federal Courthouse following a verdict in the Rhodes trial in Washington, Tuesday, Nov. 29, 2022. Rhodes was convicted of seditious conspiracy for a violent plot to overturn Democrat Joe Biden's presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Andrew Harnik)
Attorneys for Oath Keepers leader Stewart Rhodes, James Lee Bright, center left, and Edward Tarpley, left, speak to members of the media outside the Federal Courthouse following a verdict in the Rhodes trial in Washington, Tuesday, Nov. 29, 2022. Rhodes was convicted of seditious conspiracy for a violent plot to overturn Democrat Joe Biden’s presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Andrew Harnik)
FILE - This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he testifies before U.S. District Judge Amit Mehta on charges of seditious conspiracy in the Jan. 6, 2021, attack on the U.S. Capitol, in Washington, Nov. 7, 2022. Rhodes was convicted of seditious conspiracy on Nov. 29. (Dana Verkouteren via AP, File)
 This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he testifies before U.S. District Judge Amit Mehta on charges of seditious conspiracy in the Jan. 6, 2021, attack on the U.S. Capitol, in Washington, Nov. 7, 2022. Rhodes was convicted of seditious conspiracy on Nov. 29. (Dana Verkouteren via AP, File)
A federal jury convicted five members of the Oath Keepers on a variety of charges Tuesday in connection with the Jan. 6, 2021, attack on the U.S. Capitol. (AP Graphic)
A federal jury convicted five members of the Oath Keepers on a variety of charges Tuesday in connection with the Jan. 6, 2021, attack on the U.S. Capitol. (AP Graphic)
A man holding a sign that reads "Stop Hating Each Other Because You Disagree" refuses to move from behind The attorneys for Oath Keepers leader Stewart Rhodes Edward Tarpley, right, and James Lee Bright, center, as they speak to members of the media outside the Federal Courthouse following a verdict in the Stewart Rhodes trial in Washington, Tuesday, Nov. 29, 2022. Rhodes was convicted of seditious conspiracy for a violent plot to overturn Democrat Joe Biden's presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Andrew Harnik)
A man holding a sign that reads “Stop Hating Each Other Because You Disagree” refuses to move from behind The attorneys for Oath Keepers leader Stewart Rhodes Edward Tarpley, right, and James Lee Bright, center, as they speak to members of the media outside the Federal Courthouse following a verdict in the Stewart Rhodes trial in Washington, Tuesday, Nov. 29, 2022. Rhodes was convicted of seditious conspiracy for a violent plot to overturn Democrat Joe Biden’s presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Andrew Harnik)
U.S. Capitol Police Sgt. Harry Dunn leaves federal court following a verdict in the Rhodes trial in Washington, Tuesday, Nov. 29, 2022. Oath Keepers founder Stewart Rhodes was convicted Tuesday of seditious conspiracy for a violent plot to overturn Democrat Joe Biden's presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Andrew Harnik)
U.S. Capitol Police Sgt. Harry Dunn leaves federal court following a verdict in the Rhodes trial in Washington, Tuesday, Nov. 29, 2022. Oath Keepers founder Stewart Rhodes was convicted Tuesday of seditious conspiracy for a violent plot to overturn Democrat Joe Biden’s presidential win, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection. (AP Photo/Andrew Harnik)

WASHINGTON (AP) — Oath Keepers founder Stewart Rhodes was convicted Tuesday of seditious conspiracy for a violent plot to overturn President Joe Biden’s election, handing the Justice Department a major victory in its massive prosecution of the Jan. 6, 2021, insurrection.

A Washington, D.C., jury found Rhodes guilty of sedition after three days of deliberations in the nearly two-month-long trial that showcased the far-right extremist group’s efforts to keep Republican Donald Trump in the White House at all costs.

Rhodes was acquitted of two other conspiracy charges. A co-defendant — Kelly Meggs, who led the antigovernment group’s Florida chapter — was also convicted of seditious conspiracy, while three other associates were cleared of that charge. Jurors found all five defendants guilty of obstruction of an official proceeding: Congress’ certification of Biden’s electoral victory.

The verdict, while mixed, marks a significant milestone for the Justice Department and is likely to clear the path for prosecutors to move ahead at full steam in upcoming trials of other extremists accused of sedition.

Rhodes and Meggs are the first people in nearly three decades to be found guilty at trial of seditious conspiracy — a rarely used Civil War-era charge that can be difficult to prove. The offense calls for up to 20 years behind bars.

It could embolden investigators, whose work has expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the 2020 election. U.S. Attorney General Merrick Garland recently named a veteran prosecutor, Jack Smith, to serve as special counsel to oversee key aspects of a probe into efforts to subvert the election as well as a separate investigation into the retention of classified documents at Trump’s Florida estate, Mar-a-Lago.

Garland said after the verdict that the Justice Department “is committed to holding accountable those criminally responsible for the assault on our democracy on January 6, 2021.”

“Democracy depends on the peaceful transfer of power. By attempting to block the certification of the 2020 presidential election results, the defendants flouted and trampled the rule of law,” Steven M. D’Antuono, assistant director in charge of the FBI Washington Field Office, said in an emailed statement. “This case shows that force and violence are no match for our country’s justice system.”CAPITOL SIEGEJan. 6 panel interviews ex-Secret Service agent Tony OrnatoJury deliberates for 2nd day in Oath Keepers sedition case2 Illinois sisters get probation after Capitol riot pleasMontana man gets 3 years in prison for role in Capitol riot

Using dozens of encrypted messages, recordings and surveillance video, prosecutors made the case that Rhodes began shortly after the 2020 election to prepare an armed rebellion to stop the transfer of presidential power.

Over seven weeks of testimony, jurors heard how Rhodes rallied his followers to fight to defend Trump, discussed the prospect of a “bloody” civil war and warned the Oath Keepers may have to “rise up in insurrection” to defeat Biden if Trump didn’t act.

Defense attorneys accused prosecutors of twisting their clients’ words and insisted the Oath Keepers came to Washington only to provide security for figures such as Roger Stone, a longtime Trump ally. The defense focused heavily on seeking to show that Rhodes’ rhetoric was just bluster and that the Oath Keepers had no plan before Jan. 6 to attack the Capitol.

Rhodes intends to appeal, defense attorney James Lee Bright told reporters. Another Rhodes lawyer, Ed Tarpley, described the verdict as a “mixed bag,” adding, “This is not a total victory for the government in any way, shape or form.”

“We feel like we presented a case that showed through evidence and testimony that Mr. Rhodes did not commit the crime of seditious conspiracy,” Tarpley said.

On trial alongside Rhodes, of Granbury, Texas, and Meggs, were Kenneth Harrelson, another Florida Oath Keeper; Thomas Caldwell, a retired Navy intelligence officer from Virginia; and Jessica Watkins, who led an Ohio militia group.

Caldwell was convicted on two counts and acquitted on three others, including seditious conspiracy. His attorney, David Fischer, called the verdict “major victory” for his client and a “major defeat” for the Justice Department. He also said he would appeal the two convictions.

Jury selection for a second group of Oath Keepers facing seditious conspiracy charges is scheduled to begin next week. Several members of the Proud Boys, including the former national chairman Enrique Tarrio, are also scheduled to go to trial on the sedition charge in December.

In an extraordinary move, Rhodes took the stand to tell jurors there was no plan to attack the Capitol and insist that his followers who went inside the building went rogue.

Rhodes testified that he had no idea that his followers were going to join the mob and storm the Capitol and said he was upset after he found out that some did. Rhodes said they were acting “stupid” and outside their mission for the day.

Prosecutors said the Oath Keepers saw an opportunity to advance their plot to stop the transfer of power and sprang into action when the mob started storming the Capitol. The Capitol attack was a “means to an end” for the Oath Keepers, Assistant U.S. Attorney Kathryn Rakoczy told jurors in her closing argument.

NATO ups Ukraine aid, says Putin using cold as ‘weapon’

Reuters

NATO ups Ukraine aid, says Putin using cold as ‘weapon’

November 29, 2022

STORY: NATO has pledged to boost its support to Ukraine.

It announced on Tuesday that it would help Kyiv rebuild energy infrastructure that’s been heavily damaged by Russian shelling.

That’s after NATO’s chief said Moscow was using the winter cold as a “weapon of war”.

“Russia is using brutal missile and drone attacks to leave Ukraine cold and dark this winter.”

Russia has been carrying out heavy attacks on Ukraine’s power grid almost weekly since October.

Kyiv says it’s a deliberate campaign to harm civilians and calls it a war crime.

British Foreign Secretary James Cleverly accused Putin of trying “freeze the Ukrainians into submission.”

“I don’t think it’ll be successful. In fact, I know it won’t be successful because they’ve shown a huge amount of resilience and we will continue to support them through these difficult months.”

Russia acknowledges attacking Ukrainian infrastructure, but denies deliberately seeking to harm civilians.

Meanwhile, soldiers on the ground in Ukraine say they’re starting to struggle as winter begins to bite.

Heavy rain and falling temperatures are making conditions even grimmer along the frontlines.

“What can I tell you? We’re more or less okay, but it’s a bit harder now because of the rain and a light frost. It’s a swamp. You can see it yourself. It’s dried a bit today… But it’s okay, we’re holding up.”

Some military analysts say they expect Ukraine will try to keep up the pressure on Russian forces over the winter to prevent them from digging in and settling.