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This week, Judge Merrick Garland will finally get a confirmation hearing in front of the Senate Judiciary Committee, more than four years after his nomination to the US Supreme Court was torpedoed by Sen. Mitch McConnell’s obstructionism. Of course, this time Garland has been nominated as President Joe Biden’s attorney general, and, with Senate Democrats in the majority, his swift confirmation is all but assured.

Elie Honig
Elie Honig
If all goes as planned and Garland takes the reins at the Justice Department, he will face a daunting thicket of quandaries that present thorny issues of law, accountability and politics.
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Garland will bring impressive credentials to the attorney general position. Unlike the former Attorney General William Barr, Garland earned his stripes as a trial prosecutor for the Justice Department. Among many other cases, Garland supervised the investigation of the 1995 bombing of a federal building in Oklahoma City, which killed more than 160 people, and the 1996 Olympic Park bombing in Atlanta. In 1997, he became a federal appellate judge for the US Court of Appeals for the District of Columbia Circuit, widely regarded as the second most important court in the country, behind only the Supreme Court. Garland became chief judge of the circuit in 2013.
It will take all of Garland’s legal experience and political acumen to negotiate the complex decisions an attorney general will face. Here are the most important decisions that Garland will likely make at the Justice Department headquarters.
Former President Donald Trump investigations
Trump was acquitted in both impeachment trials, first on charges of abuse of power and obstruction of Congress in 2020 stemming from his phone calls with the Ukrainian president and then on a charge of inciting an insurrection a year later. Now that he’s left office, however, Trump could face potential legal exposure across multiple fronts, including (1) bribery, extortion and other alleged offenses relating to the Ukraine scandal, and (2) incitement of a riot, sedition and other potential charges relating to the January 6 Capitol insurrection. He could also face legal trouble when it comes to (3) obstruction of justice of former special counsel Robert Mueller’s investigation and (4) campaign finance violations based on hush money payments to two women with whom Trump allegedly had affairs, (Trump denies wrongdoing on all of these potential charges.)
January 6 was the crime of the century
January 6 was the crime of the century
Will Garland authorize the Justice Department to open and pursue criminal investigations on some or all of these matters? Will he appoint a special counsel to focus solely on Trump-related matters? Will he dole these cases out to various US attorneys? Or, will Garland do nothing at all and let the past lie?
This last option would be a mistake. I understand that it’s not an easy thing to investigate a former president, and even more difficult to prosecute one. Trump, who retains the fervent support of tens of millions of Americans, would likely break out the old attack lines against anybody who dared to investigate him (“witch hunt!”) and any prosecution would be perceived by some as politically vindictive.
But it would simply be unjust to turn a blind eye to all of Trump’s alleged misconduct while running for, and holding, the presidency. Trump benefited while in office from the Justice Department’s policy against indicting a sitting president, and there is no question, legally or constitutionally, that a former president can be charged criminally.
I understand why it might be easier for Garland and the Justice Department, and perhaps preferable for Biden politically, to just let the past be the past and to “move on.” But that’s not what prosecutors do, or ought to do. Prosecutors shouldn’t shy away from difficult fights; the job itself is often about taking on powerful people or interests and seeing that justice is done.
At a minimum, Garland must ensure that the Justice Department conducts full investigations of Trump’s conduct. And once he gets all the facts, he must make a decision, thumbs-up or thumbs-down, on whether Trump has broken the law.
The most devastating piece of evidence at the Trump trial
The most devastating piece of evidence at the Trump trial
Hunter Biden investigations
Hunter Biden has revealed publicly that he is under criminal investigation by federal authorities for his “tax affairs” and reportedly for his business dealings in China. The US attorneys for the District of Delaware and the Southern District of New York are reportedly handling the Biden investigations.
Despite pressure from Trump, neither Barr nor his successor appointed a special counsel to handle the investigations of Biden’s son. Biden issued a statement saying, “I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately.”
What, then, should Garland do about this potentially politically loaded investigation? My answer is: nothing. Let it be. Let the assigned federal prosecutors and law enforcement agents carry out their investigations fully, and without interference, influence or input from the attorney general’s suite. Make no public comment about the investigation and convey nothing to the assigned investigative teams other than: “Do your jobs and report back.” And let them make recommendations about whether the evidence, once gathered, does or does not support criminal charges. So far, the Biden administration, which has begun the process of removing Trump-appointed US attorneys, has asked US Attorney David Weiss, who is overseeing the tax investigation of Hunter Biden in Delaware, to continue in his role, according to a Bloomberg report.
John Durham investigation
Yes, this Barr-initiated “investigate the investigators” quest into the origins of the Russia investigation remains ongoing, even though everybody from Robert Mueller to the Justice Department’s inspector general to the Republican-led Senate Intelligence Committee has concluded that the investigation was appropriate and necessary.
Before he left office, Barr appointed Durham as special counsel, effectively ensuring that Durham’s work will continue until its natural conclusion (though Barr’s timing — more than a year after Durham began his work — was suspect, and the appointment itself violated the requirement that special counsel must come from outside the government, a fact nobody has ever formally challenged).
Again, Garland’s best, and perhaps only (given the special counsel assignment) option is to let the Durham investigation play out, without interference. And, unlike Barr, who publicly distorted Mueller’s findings as special counsel, Garland should allow Durham’s report to speak for itself in the public realm.
More broadly than any particular case, Garland must rehabilitate the Justice Department after nearly two years of unprecedented politicization and dishonesty by Trump and Barr. To that end, Garland simply must bring the Justice Department back to basics: be honest with the public, keep politics out of prosecution and support the men and women who work on the front lines.
Now, your questions
Gary (Michigan): If Trump is someday convicted of a crime, can he still legally run for president again in 2024?
Yes. Article II of the Constitution establishes certain restrictions on who may hold the office of president: the person must be at least 35 years old, must be a “natural born citizen” and must have been a resident of the United States for at least 14 years. There is nothing in the Constitution, or in any other legal authority, to prevent a person from becoming president if he has been convicted of a crime. As a practical matter, of course, a criminal conviction would make it difficult to win an election. But there is no formal restriction under our laws.

Gerry (Rhode Island): Can civil charges be brought against Trump for his role in the January 6 insurrection?
They already have. Last week, Democratic Rep. Bennie Thompson brought a lawsuit under the obscure Ku Klux Klan Act of 1871, alleging that Trump, Trump’s former lawyer Rudy Giuliani, the Proud Boys and the Oath Keepers conspired to use violence and threats to interfere with governmental functions. While the merits of the case remain to be litigated, I expect to see other, more conventional lawsuits seeking damages for personal injury and property damage brought against Trump and perhaps others relating to the Capitol insurrection.
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Generally speaking, a plaintiff would need to show by a “preponderance” of the evidence — meaning that it is more likely than not — that Trump’s actions (or the actions of any named defendant) caused their injuries, and that those injuries were reasonably foreseeable based on the defendant’s conduct. In other words, if you played a videotape of Trump’s remarks at the January 6 rally, and then hit pause, would it be reasonably foreseeable at that point that injury would result to the plaintiffs?

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A Family Slowly Bounces Back From COVID-19

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RESTON, VA — A lot has changed for Reston resident Joshua “Josh” Funk and his family since last year, when he, his wife and their children were diagnosed with COVID-19.

“I went back to work in July,” Funk said. “I finally was able to get approval to go back to work, even though the agency where I worked was first denying my entry back to work and denying my release form for me to get workers’ compensation.”

Although Funk was no longer contagious and had one clear COVID-19 test, the agency wouldn’t allow him to return to the job until he’d gotten a second cleared test.

At that point, Funk had already been out of work for several months. His family had burned through its meager savings and were unable to pay the rent.

Fortunately, a group of friends from the Four Winds community where Funk worked launched a GoFundMe page that raised more than $6,000 to help out the family.

“I was in shock when they made the GoFundMe,” Funk told Patch back in July. “And when I opened it, there was already $500 in there. When I showed that to my wife, she burst into tears and couldn’t believe it.”

With the money from the GoFundMe, Funk was able to pay off what he owed on his car and buy food for his family for several months.

“I actually got one test that said it was negative, and one was a false positive at the end,” he said. “My agency came back and said they would not allow me to come back after they had already approved me to go back to work.”

Fortunately, Funk’s doctor recommended they go back and look at the blood results, which showed he was immune to the disease and that it was safe for him to start working again.

While Funk had officially recovered from COVID-19, the virus had weakened his body considerably and taken a heavy toll on his ability to breathe. His doctor told him that it was as if a grenade had gone off inside his lungs. He had to get used to heat and humidity again.

“In the morning, walking towards the car, it was 70 degrees,” he said. “By the time I got to work and then started working, all of a sudden, the heat started rising and as soon as it hit 80, I couldn’t breathe. Readjusting to my environment was hell for two months. It was worse than having asthma. Just trying to readjust to everything was scary. Knowing that my family needed to eat, all their needs just pushed and forced me to go forward.”

Funk also experienced frequent headaches and felt exhausted all of the time. Every night, he would go home and collapse into his bed.

“I had to sleep between eight and nine hours,” he said. “I couldn’t move until my body decided to actually let me start moving. It was something that I couldn’t overpower.”

While all of this was going on, Funk’s wife, Evelin, and one of their children who had also recovered from COVID-19 were also worn out, because they couldn’t fall asleep on most nights.

As the weather became cooler, conditions for the Funk family improved. They began to eat healthier and take vitamins, which help with their recovery. Funk has also applied for rental assistance to pay what he still owes on his rent.

“I was able to pretty much jump-start myself,” he said. “My landlord’s amazing. She’s waiting and trying to help me with a lot of the payments I’m still behind without complaint, without trying to get me out of there.”

 

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The clashes — with tear gas, stun grenades, rubber bullets and live rounds — turned Yangon and other cities across the country into battlegrounds as the military

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Cuomo said in a statement Saturday that Bennett was a “hardworking and valued member of our team during COVID” and that “she has every right to speak out.”

He said he had intended to be a mentor for Bennett, who is 25.

“I never made advances toward Ms. Bennett nor did I ever intend to act in any way that was inappropriate,” Cuomo’s statement said. “The last thing I would ever have wanted was to make her feel any of the things that are being reported.”

A second former aide has come forward with sexual harassment allegations against New York Governor Andrew Cuomo, who responded with a statement Saturday saying he never made advances toward her and never intended to be inappropriate.

Charlotte Bennett, a health policy adviser in the Democratic governor’s administration until November, told The New York Times that Cuomo asked her inappropriate questions about her sex life, including whether she had ever had sex with older men.

Another former aide, Lindsey Boylan, a former deputy secretary for economic development and special adviser to the governor, recently accused Cuomo of subjecting her to an unwanted kiss and inappropriate comments. Cuomo denied the allegations.

Trending News
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Cuomo, however, said he had authorized an outside review of Bennett’s allegations.

The governor’s special counsel, Beth Garvey, said that review would be conducted by a former federal judge, Barbara Jones.

Sen. Rick Scott on Sunday declined to call the GOP the party of former President Donald Trump and acknowledged President Joe Biden was “absolutely” the legitimate winner of the 2020 White House race.

In an interview on “Fox News Sunday,” Scott (R-Fla.) — the chair of the National Republican Senatorial Committee — reiterated his message that “the Republican civil war is canceled.”

But Scott’s remarks to host Chris Wallace also underscored the tense intraparty disputes he is navigating as he leads the GOP effort to retake the Senate in the 2022 midterm elections.

Asked by Wallace whether the Republican Party is “still Donald Trump’s party,” Scott replied that the GOP is “the voters’ party” and “always has been.”

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The clashes — with tear gas, stun grenades, rubber bullets and live rounds — turned Yangon and other cities across the country into battlegrounds as the military moved to crush resistance to its deeply resented seizure of power.

The United Nations’ human rights office said at least 18 people died and 30 others were wounded in several cities across the country, including Yangon, Dawei, Mandalay and Bago. Deaths, the office said, occurred “as a result of live ammunition fired into crowds.”

“Use of lethal force against non-violent demonstrators is never justifiable under international human rights norms,” the office said.

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A protester in Yangon, Myanmar, on Sunday uses a fire extinguisher as security forces crack down on demonstrations against the military coup. (Sai Aung Main/AFP/Getty Images)
A protester who was in the Yangon neighborhood of Hledan when police opened fire said they gave only one short whistle blast as a warning and immediately began shooting.

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“First they shot with real bullets, then tear gas. Later they used rubber bullets,” the protester said, identifying himself by part of his name, Yan, out of fear of retaliation from security forces.

In Myanmar coup, grievance and ambition drove military chief’s power grab

He said he saw a man shot in the head who he believed had died, along with six others suffering from gunshot wounds.

“Now people are regrouping and protesting again,” Yan said about 1 p.m. local time, saying the violence has made protesters “angrier” rather than scared.

Mass protests began soon after the military’s seizure of power and arrest of State Counselor Aung San Suu Kyi, whose National League for Democracy party won reelection in a landslide in November. The military refused to recognize the election results, alleging voter fraud.

Sunday’s violence marks a significant escalation, particularly in Yangon, which had largely avoided a severe crackdown, even as protesters were killed in other parts of the country. One man was shot dead by police in Yangon’s Shwe Pyi Thar township on Feb. 21 during a civilian neighborhood watch patrol, but this is the first time people died during protests.

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Myanmar riot police move forward during a demonstration against the military coup in Mandalay on Sunday. (AP)
Confrontations with police in downtown Yangon began with a crowd forming around a prison truck transporting a group of students who had been arrested. The protesters advanced toward the police line, which then charged, sending people scurrying down different side streets.

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Police then began firing stun grenades as protesters took shelter in homes and shops. At one point, a middle-aged protester walked back into the street, facing the police alone. “Shoot me, don’t shoot the young people!” he shouted.

Facebook bans Myanmar’s military, citing threat of new violence after Feb. 1 coup

Later, a group of teachers and lawyers assembled outside the Kyauktada police station, where the students were being held. “There are 16 students in the station and in the car maybe more than 17,” said a foreign-language teacher, who spoke on the condition of anonymity for fear of retaliation. “Almost all of our students have been arrested.”

The teacher explained that lawyers were trying to negotiate with the police not to send the students straight to Insein Prison, an increasingly common practice as arrests mount.

The Assistance Association for Political Prisoners said, since the coup, over 850 people have been arrested, charged or sentenced.

Meanwhile, the city’s Myaynigone neighborhood, a hip enclave of bars and cafes, has been transformed into a battleground with barriers erected on major roads to slow down police, along with spikes and slicks of diesel.

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Protesters in Yangon take cover behind homemade shields on Sunday. (Sai Aung Main/AFP/Getty Images)
As reporters entered the area, lookouts called down from balconies to warn them about the obstacles.

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One of the barricades was manned by a group of software engineers, including one who identified himself as Thiha. He asked that his full name not be used out of concern for authorities and said that police had fired tear gas, rubber bullets and stun grenades at them earlier in the day.

“I was crying a little bit, but [the gas] didn’t affect me too badly because I was far away,” he said, adding that he and his friends were protesting “for freedom” and for the future of his career.

“Everything we worked for is blocked without a VPN,” he said, referring to the junta’s strict Internet restrictions.

Deeper in the neighborhood, protesters in hard hats, some armed with bats and steel rods, milled around, singing and chanting. Some handed out boxes of food, with phrases like “the revolution must succeed” scrawled on the plastic foam.

Scott’s interview came after he appeared Friday at the Conservative Political Action Conference in Florida, where he said in a speech that he would not “mediate” debates among Republicans over Trump’s role in the party.

Trump is scheduled to speak at the conference on Sunday, delivering his first major address since leaving office amid the fallout of last month’s insurrection at the Capitol.

“I ask all New Yorkers to await the findings of the review so that they know the facts before making any judgements,” Cuomo said. “I will have no further comment until the review has concluded.”

Bennett told the Times that her most disturbing interaction with Cuomo happened last June 5 when she was alone with him in his Albany office. She said Cuomo started asking her about her personal life, her thoughts on romantic relationships, including whether age was a factor, and said he was open to relationships with women in their 20s.

Bennett said she also dodged a question from Cuomo about hugging by saying she missed hugging her parents. She said Cuomo never touched her.

“I understood that the governor wanted to sleep with me, and felt horribly uncomfortable and scared,” Bennett told the Times. “And was wondering how I was going to get out of it and assumed it was the end of my job.”

Bennett said she informed Cuomo’s chief of staff, Jill DesRosiers, about the interaction less than a week later. She said she was transferred to another job on the opposite side of the Capitol. At the end of June, she said she also gave a statement to a special counsel for Cuomo.

Garvey acknowledged that the complaint had been made and that Bennett had been transferred as a result to a position in which she had already been interested.

Bennett told the newspaper she eventually decided not to push for any further action by the administration. She said she liked her new job and “wanted to move on.”

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Jefferson County Tornado Leaves 1 Dead, Several Injured

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JEFFERSON COUNTY, AL — Severe thunderstorms and at least one tornado swept through Jefferson County Monday night and early Tuesday morning, causing massive damage to property and roadways, killing at least one person.

The tornado reported in Fultondale resulted in one death and injured several other residents. The person killed was identified as 14-year-old Elliott Hernandez, who was trapped in the basement of his home, according to police.

Hernandez was a student at Fultondale High School.

Early Tuesday morning Fultondale Mayor Larry Holcomb said in a live interview with WIAT that the city has received about 30 reports of minor injuries, including scratches and bruises, after the storm passed through. Of those injured, 18 have been hospitalized.

“There are still people trapped in their homes that we are trying to access at this time,” Holcomb said. He added that rescue teams from Gardendale, Birmingham, Hoover, Mountain Brook, Tarrant and Center Point are assisting.

As of 10 a.m. Tuesday, six more people were discovered in search efforts, but none of those people had sustained serious injuries.

Gardendale Civic Center has opened as a storm shelter for anyone who has damage to their home from the storm.

“The people of Fultondale took a hard hit last night — I’m grieved over the loss of life, injuries, homes & damaged businesses,” Gov. Kay Ivey said via social media Tuesday. “I offer my prayers & deepest sympathies & pledge the full support & resources our state has to offer. I am with you, Fultondale!”

Several Jefferson County schools were forced to close for the day Tuesday as power outages and road closures are widespread from Fultondale into Center Point in the aftermath of the storm.

“We are working with crews to help clean up from last night devastating tornado,” The Jefferson County Emergency Management Agency said in a statement Tuesday. “Please stay away from the following areas due to downed power lines, it is a very dangerous situation. Carson Road; New Castle Rd. between Carson and Pine Hill, Pine Hill Road and Indian Valley Road.”

 

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