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DOJ Rolls Back Rule Preventing Prosecutors From Interfering in Elections

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  • According to an internal email first accessed by ProPublica, the Department of Justice is rolling back a decades-long rule that bars prosecutors from publicly announcing election-related criminal investigations or engaging in similar activities in the months before the election.
  • The rule was intended to prevent prosecutors from taking actions that could sway the election by hurting public confidence in election results or depressing voter turnout.
  • Many experts say the move is an intentional effort by Attorney General Barr, who has backed the many false claims President Trump has made about the security of mail-in voting, in order to generate more public distrust in the system and help Trump’s re-election chances.
  • In a statement, the DOJ said the email was part of routine guidance for election preparations, and that no political appointee had any role in “directing, preparing or sending” it.

DOJ Weakens Decades-Old Rule

The Department of Justice (DOJ) has weakened a 40-year-old rule that prohibited federal prosecutors from interfering in elections by announcing fraud-related criminal investigations or arrests in the months before Election Day, according to an internal email first reported by ProPublica Wednesday.

The email, according to the outlet, was sent on Friday by an official in the DOJ’s Public Integrity Section to a group of prosecutors, specifically outlines “an exception to the general non-interference with elections policy.” 

Under that exception, federal prosecutors can now take public investigative actions before an election is over if they suspect election fraud has occurred that involves postal workers or military employees.

Previously, the long-standing department rule barred federal prosecutors from taking public steps in the months before an election due to concerns that they could depress voter turnout or erode public confidence in election results and thus sway the outcome.

For decades, the rule had been engrained in official DOJ policies and literature, including the most recent official DOJ handbook for Federal Prosecution of Election Offenses.

That handbook explicitly says that starting a public investigation before the election ends, “runs the obvious risk of chilling legitimate voting and campaign activities. It also runs the significant risk of interjecting the investigation itself as an issue, both in the campaign and in the adjudication of any ensuing election contest.”

Experts Voice Concerns

Notably, DOJ officials told ProPublica that the exception is written in a way that it could cover other types of investigations. However, the fact that it specifically singled out postal workers and defense employees — who play a role in delivering military ballots —  is incredibly significant.

As the report notes, both are groups that President Donald Trump has repeatedly and falsely claimed are susceptible to fraud and will result in a rigged election.

While the vast majority of experts have said that is not true, Attorney General Bill Barr has also backed Trump in spreading falsities. As a result, many experts are concerned that Barr will use this exemption to the decades-long DOJ policy to bolster those false claims and help Trump’s re-election chances by undermining public confidence in the outcome of the election.

With this move, the DOJ could “build a narrative, despite the absence of any evidence, of fraud in mail-in voting so Trump can challenge the election results if he loses,” Joyce Vance, a former U.S. attorney in Alabama under the Barack Obama administration told The New York Times.

“They’ve told us this is their strategy, and we’re watching them implement it.”

That point was also echoed by Justin Levitt, a former official in the Justice Department’s civil rights division who worked on voting issues.

“It’s not good to have an exemption from a noninterference in elections policy,” he told The Washington Post. “That means, ‘here are the ways we are allowed to interfere in elections.’ I worry that this policy is a green light to use federal law enforcement investigations for partisan political purposes.”

But Justice Department officials pushed back against the claim that this decision was politically motivated.

“Career prosecutors in the Public Integrity Section of the Department’s Criminal Division routinely send out guidance to the field during election season,” DOJ spokesperson Matt Lloyd said in a statement to the media. “This email was simply part of that ongoing process of providing routine guidance regarding election-related matters. No political appointee had any role in directing, preparing or sending this email.”

Department officials also told reporters that the email was not intended to reflect a policy change, but instead to highlight certain exceptions to the policy that had already existed.

But many election experts, career prosecutors, and other former DOJ officials contradicted both those remarks.

“This is anything but routine,” former federal prosecutor Anne Milgram told CNN. “DOJ has not in the history that I have known relaxed any rule in a way like this. It is giving a green light to impact the election.”

Others also pointed to the fact that avoiding election interference has been a long-held, overarching tradition within the DOJ and something that Barr himself even reiterated in guidance he issued back in May.

“Partisan politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges,” he wrote.

“Law enforcement officers and prosecutors may never select the timing of public statements (attributed or not), investigative steps, criminal charges, or any other action in any matter or case for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.”

Pennsylvania Ballots and DOJ Justifications

Regarding that May guidance specifically, numerous experts have also speculated that part of the reasoning behind this new change was to justify a widely criticized announcement made by Barr and the DOJ a few weeks ago, which appeared to violate those very same guidelines.

In an incredibly unusual decision, the DOJ broke with long-standing policy and publicly announced it was investigating whether local elections officials in Pennsylvania illegally discarded nine mail-in military ballots, seven of which the agency said were cast for Trump.

The announcement itself — and especially the decision to include the part about seven of the ballots being cast for Trump — was condemned by several experts. Many noted that not only did it go against Barr’s own guidance, but it was also irrelevant to the investigation and specifically helped feed Trump’s baseless attacks on mail-in voting.

Trump has since repeatedly used the Pennsylvania incident to fuel his false claims that the system voting is riddled with fraud, despite the fact that the state’s top election official later said that early indications have shown that the incident was “a bad error” and “not intentional fraud.”

The combination of Trump using this incident and the DOJ announcing it has sparked concern over the DOJ using its power to help Trump. Especially because, at the time, it was reported that Barr himself had personally told Trump about the incident before the DOJ made the announcement.

In fact, it was actually Trump who first mentioned the Pennsylvania ballots during a media interview, with the DOJ then issuing its release later. 

With this new guidance allowing prosecutors to intervene in elections, experts say that not only may this be a justification for the Pennsylvania announcement, but Americans could also expect to see more events like this moving forward.

“It makes me think that what’s coming is a series of announced investigations or partial theories of incomplete facts, pertaining to the mail-in voting process, that are further designed to undermine the integrity of an election process that is actually quite secure,” Levitt said.

See what others are saying: (The New York Times) (The Washington Post) (CNN)

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House Panel Approves Commission To Study Reparations

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  • In a 25 to 17 vote along party lines, the House Judiciary Committee approved legislation Wednesday that would establish a commission to study slavery reparations for Black Americans.
  • Republicans objected to the plan, arguing that it will cost too much money and that it is unfair to make all American taxpayers responsible for the consequences of slavery.
  • Democrats pushed back, claiming the modern oppression of Black people still holds roots in slavery, and noting that the bill just creates a commission to study reparations, not implement them.
  • While the proposal faces steep odds in the Senate, Wednesday’s historic vote will move the measure to the House floor for a full vote for the first time since it was introduced over three decades ago. 

Reparation Commission Achieves First Approval

The House Judiciary Committee voted for the first time on Wednesday to advance a bill that will create a commission to consider paying slavery reparations for Black Americans.

The legislation was first proposed over 30 years ago, and if signed into law, it would create a 13-member commission that would study the effects of slavery and racial discrimination in the U.S. and then give Congress a recommendation for “appropriate remedies” to best compensate Black Americans.

The measure passed the committee 25 to 17 along party lines, as expected, with objections from Republicans, who claimed reparations will cost too much and that they are unfair to Americans who have no history of enslavers in their families.

Democrats pushed back against those assertions, arguing that the federal government does have enough money to take some kind of action. They also noted that the commission will not actually implement any reparations, but rather just look into the options and then make a non-binding recommendation.

There are a lot of different ideas for what reparations could look like. While some support direct cash payments of various sizes, others have argued there are different proposals that might be more realistic to put into law, like no-interest loans for Black homeowners or free college tuition.

“I ask my friends on the other side of the aisle, do not cancel us tonight. Do not ignore the pain, the history and the reasonableness of this commission,” Rep. Sheila Jackson Lee (D-Tx.), the lead sponsor of the bill, said Wednesday.

Others also condemned the argument that some Americans, particularly those whose ancestors did not directly benefit from owning slaves, should not bear responsibility. They said that this line of thinking ignores both generational wealth, which vastly benefits white Americans over all others, as well as how Black Americans are hurt by modern-day discrimination and oppression that has roots in slavery.

“Slavery was indeed ended 150 years ago but racism never took a day off and is alive and well in America,” Rep. Hank Johnson (D-Ga.) said in committee Wednesday. 

“You can ask the family members of Daunte Wright, Breonna Taylor, Ahmaud Arbery or George Floyd. Black folks in this country cannot keep living and dying like this. But we’ll be forced to do so if White folks in America continue to refuse to look back at history.”

Uphill Battle

While many have described the legislation as a flexible first step, any further congressional action will almost certainly be an uphill battle. The committee vote is just the very first step: the proposal still has to go to a vote by the full House, where it is unclear if it will even garner enough support among the House Democrats’ slim majority. 

If it were to pass the lower chamber, the bill faces almost insurmountable odds in the 50-50 split Senate, where ten Republicans would have to join all Democrats to break the legislative filibuster.

House Majority Leader Steny Hoyer (D-Md.) has said that he will start considering when to schedule the vote, though it is unlikely to be considered soon. Hoyer also urged President Joe Biden to use his executive power to create the commission if the legislation fails.

The White House has said that Biden supports the commission, but administration officials have not confirmed whether he would act unilaterally on the subject.

See what others are saying: (The Washington Post) (USA Today) (Vox)

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Biden To Pull All U.S. Troops From Afghanistan by Sept. 11

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  • President Biden declared Wednesday that he will pull all U.S. troops out of Afghanistan by Sept. 11, which also marks the 20th anniversary of the 9/11 attacks.
  • The Afghanistan war is the longest war the U.S. has ever been in. It has resulted in the deaths of 2,400 American troops, injured and killed almost 100,000 civilians, and cost about $2 trillion.
  • Some praised the decision as a key step to address seemingly endless wars and promote diplomacy.
  • Many experts and defense officials, however, have warned the withdrawal could undermine American goals in the region and embolden the Taliban, which is currently the strongest it has been since the U.S. invasion removed the group from power in 2001.

Biden Announces Troop Removal Amid Growing Violence

President Joe Biden announced Wednesday that he will withdraw all American troops from Afghanistan by Sept. 11, the 20th anniversary of the 9/11 terror attacks that drew the U.S. into its longest war in history.

“We went to Afghanistan because of a horrific attack that happened 20 years ago. That cannot explain why we should remain there in 2021,” Biden said in an afternoon speech. “It’s time to end America’s longest war. It’s time for America’s troops to come home.’’

The decision comes as Biden nears the May 1 deadline set under a February 2020 peace deal by the administration of former President Donald Trump to bring the troops home from the war, which has killed nearly 2,400 troops, injured and killed nearly 100,000 civilians, and cost about $2 trillion.

Biden had previously said that it would be hard to meet the date after taking office, but even with the extended timeline, many experts and defense officials have warned against the move.

The U.S. first entered the war to oust the Taliban government, which was harboring al-Qaeda militants involved in planning the 9/11 attacks. The Taliban was removed within months, but the group still had support in parts of the country and steadily regained territory and strength.

Now, almost two decades later, the group is the strongest it has been since the 2001 invasion, and according to reports, controls or has influence over half the country. The situation has also escalated in the months after Trump, during his last week in office, reduced the official number of troops in Afghanistan to 2,500, which is the lowest level since 2001.

As the U.S. has scaled down its operations, the Taliban has taken control of major highways and tried to cut off cities and towns in surges that have exhausted Afghan security forces. Violence has also ramped up in recent months.

According to a U.N. report released Wednesday, nearly 1,800 civilians were killed or wounded in the first three months of the year, a nearly 30% increase from the same period last year.

Notably, U.S. intelligence agencies have said that they do not believe Al Qaeda or other terrorist organizations present an immediate threat to strike the U.S. from Afghanistan, an assessment that reportedly played a big role in Biden’s decision to withdraw U.S. forces.

However, many experts are more concerned about how the move will impact Afghanistan and its citizens. 

Concerns Over Withdrawal

The Pentagon has warned against removing American troops from the region until Afghan security forces can effectively fight back against the Taliban.

As a result, critics of the plan have argued that withdrawal will leave the forces  — which have limited capacities and until now have been funded and trained by the U.S. — entirely in the dust

Beyond that, many also worry that the move could undermine the entire goal of the 2001 invasion by empowering al-Qaeda operates that remains in the country and who could become emboldened once the U.S. troops left.

Some experts and Afghan politicians have said that withdrawing from the country without a solid peace deal in place could end in concentrating more power in the hands of the Taliban. After a long delay following the U.S. agreement in February of last year, peace talks between the Afghan government and the Taliban finally started up in September.

But those talks have since stalled, partly due to Biden’s win and the anticipation of a possible change in policy under the new administration.

While other countries have recently made moves to restart the talks, and there are a number of possible options on the table, nothing is set in stone. American commanders, who have long said a peace deal with the Taliban is the best security measure for the U.S., have argued that the U.S. will need to use the promise of withdrawing their forces as a condition for a good deal.

Now, the U.S. has taken a major bargaining chip off the table, causing concerns that if a deal is struck, the already weakened Afghan government will make key concessions to the Taliban. Many Afghan citizens who oppose the Taliban worry that if the group secures a role in a power-sharing agreement, it could eventually take over the government and re-impose the harsh rule it imposed before the U.S. removed it in 2001. The leadership was particularly tough on women, who were largely barred from public life.

Politicians Respond

Biden’s decision has sparked a divided front from both political parities, though Republicans have largely remained united against the move.

“It is insane to withdraw at this time given the conditions that exist on the ground in Afghanistan,” Sen. Lindsey Graham (R-S.C.) said Tuesday. “A full withdrawal from Afghanistan is dumber than dirt and devilishly dangerous. President Biden will have, in essence, canceled an insurance policy against another 9/11.”

Many Democrats, however, have argued that U.S. presence in the region is not helping the U.S. achieve its foreign policy goals, and that if withdrawal is based on conditional approaches, the troops will never be able to leave. 

Others have also applauded the plan as a careful solution and will still emphasize diplomatic efforts in the region while simultaneously removing the U.S. from a highly unpopular and expensive war.

“The President doesn’t want endless wars. I don’t want endless wars. And neither do the American people. ” Sen. Chuck Schumer (D-N.Y.) said Wednesday. “It’s refreshing to have a thought-out plan with a set timetable instead of the President waking up one morning getting out of bed, saying what just pops into his head and then having the generals having walked it back.”

In a series of tweets Wednesday, Afghanistan’s president, Ashraf Ghani, said had spoken to Biden, and emphasized that the two nations would continue to work together.

“’Afghanistan’s proud security and defense forces are fully capable of defending its people and country, which they have been doing all along,” he wrote.

The Taliban, for its part, has focused more on the fact that the initial timeline had been delayed.

“We are not agreeing with delay after May 1,” a spokesperson said on television Tuesday. “Any delay after May 1 is not acceptable for us.”

It is currently unclear how that stance might affect the situation, especially when it comes to peace deal negotiations.

See what others are saying: (The New York Times) (The Washington Post) (TIME)

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Matt Gaetz Reportedly Venmo’d Accused Sex Trafficker, Who Then Sent Money To Teen

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  • A report published by The Daily Beast Thursday alleges that Rep. Matt Gaetz (R-Fl.) sent $900 through Venmo to accused sex trafficker Joel Greenberg, who then used the funds to pay three young women, including one teenager.
  • Gaetz is currently under federal investigation as part of a broader inquiry into Greenberg, a former politician who has been charged with 33 counts, including sex trafficking an underage girl.
  • Investigators are reportedly looking into the involvement of politicians with women who were recruited online for sex and paid in cash, as well as whether Gaetz had sex with a 17-year-old girl and violated sex trafficking laws by paying for her to travel with him.
  • Greenberg’s lawyer did not comment on the new allegations but said Thursday his client would soon enter a plea deal and implied that Greenberg would testify as a witness against Gaetz. Meanwhile, Gaetz has accused The Daily Beast of spreading “rumors, gossip and self-serving misstatements.”

Gaetz’s Alleged Venmo Payments 

Rep. Matt Gaetz (R-Fl.) allegedly sent money via Venmo to accused sex trafficker Joel Greenberg, who then used the money to pay three young women, including at least one teenage girl, according to a new report from The Daily Beast.

Greenberg, a former local Flordia politician and an associate of Gaetz, was indicted last summer on 33 counts, including sex trafficking a 17-year-old girl. He initially pleaded not guilty to the charges, but his lawyers said in court Thursday that he would plead guilty as part of a plea deal.

Legal experts say the move almost certainly indicates that Greenberg plans to cooperate as a witness against Gaetz, who is currently under investigation by the Justice Department as part of a broader probe into Greenberg.

According to The New York Times, among other things, the DOJ inquiry is looking into their involvement with multiple women who were recruited online for sex and paid cash, as well as whether Gaetz had a sexual relationship with a 17-year-old girl and paid for her to travel with him in violation of sex trafficking laws.

Investigators reportedly believe that Greenberg met the women through a website for people willing to go on dates in exchange for gifts and money, and then arranged for them to meet with himself and associates including Gaetz, The Times reported.

The new report from The Daily Beast, published Thursday, appears to support this narrative. According to the outlet, which viewed the transactions before they were made private this week, Gaetz sent Greenberg two late-night Venmo payments totaling $900 in May 2018. 

In the text field of the first payment, Gaetz wrote “Test.” In the second, he asked Greenberg to “hit up” a teenager who he allegedly referred to by her nickname. The Daily Beast did not publish the name of the girl “because the teenager had only turned 18 less than six months before.”

The next morning, Greenberg transferred a total of $900 to three different young women using the same app.

One of the transfers was titled “Tuition,” and the other two were both listed as “School.” The Daily Beast also said it was able to obtain “partial records” of Greenbergs Venmo, which is not publicly available.

Those records, the outlet reported, show that the two men are connected through Venmo to at least one other woman who Greenberg paid with a government-funded credit card, and at least two other women who received payments from Greenberg.

Ongoing Investigation

Gaetz, for his part, has not directly addressed the latest allegations. A representative from the Logan Circle Group, an outside PR firm, provided The Daily Beast with a statement from the congressman.

“The rumors, gossip and self-serving misstatements of others will be addressed in due course by my legal team,” the statement said, with the firm also informing the outlet that their lawyers would be “closely monitoring your coverage.”

Greenberg’s defense attorney, Fritz Scheller, also declined requests to comment, but during a press conference Thursday, he implied that the plea deal his client is expected to accept spelled trouble for Gaetz.

“I’m sure Matt Gaetz is not feeling very comfortable today,” Scheller said.

The Daily Beast story also comes amid reports that that the FBI has widened its probe of Gaetz. According to The Times, sources familiar with the inquiry have said investigators are also looking into a trip he took to the Bahamas with other Florida Republicans and several women.

Sources said the trip took place shortly after Gaetz was elected to Congress in 2016, and that the FBI has already questioned witnesses about whether the women had sex with the men in exchange for money and free travel.

It is illegal to trade sex for something of value if prosecutors can provide the exchange involved force, fraud, or coercion.

The Times also reported that investigators are now additionally looking into Gaetz’s alleged involvement in discussions to run a third-party candidate in a State Senate race to make it easier for an associate of his who was running for the seat to win.

The act of recruiting so-called “ghost candidates” who run for office purely to divert votes from one candidate is not usually illegal. However, paying a ghost candidate is normally considered a violation of campaign finance laws.

See what others are saying: (The Daily Beast) (The New York Times) (The Hill)

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