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Report: Special Counsel To Use Trump White House Cell Data In Election Interference Case

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Elvert Barnes, CC BY-SA 2.0 , via Wikimedia Commons

New filings show special counsel Jack Smith plans to call witnesses who have analyzed data extracted from former President Trump’s cell phone in the federal election interference case.

Smith reportedly plans to bring in experts for testimony, including one who can weigh in on Trump’s Twitter habits and another who has analyzed the movement of the crowd following the President’s speech on Jan. 6th, 2021.

Prosecutors on the election interference case also extracted data from Trump’s White House cell phone, and that of an aide, described in the filing only as “Individual 1.”

The expert, who is unnamed in the court filing, reviewed how Trump and the aid used their phone throughout the post-election period, and has “specifically identified the periods of time during which the defendant’s phone was unlocked and the Twitter application was open on Jan. 6.” 

It’s unclear the extent of the information prosecutors have from Trump’s phone, though the filing says the expert analyzed “images found on the phones and websites visited.”

A separate expert prosecutors plan to bring in will analyze how a crowd of Trump supporters moved in response to his speech which included calls to “march towards the Capitol.”

The expert “plotted the location history data for Google accounts and devices associated with individuals who moved, on January 6, 2021, from an area at or near the Ellipse to an area encompassing the United States Capitol building.”

Their review “will aid the jury in understanding the movements of individuals toward the Capitol area during and after the defendant’s speech at the Ellipse.”

Hunter Biden Lawyers Seek To Dismiss Delaware Gun Charges

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President Joe Biden hugs his family during the 59th Presidential Inauguration ceremony in Washington, Jan. 20, 2021. President Joe Biden and Vice President Kamala Harris took the oath of office on the West Front of the U.S. Capitol. (DOD Photo by Navy Petty Officer 1st Class Carlos M. Vazquez II)

Hunter Biden’s legal team has filed a motion to dismiss the indictment against him over gun charges in Delaware.

Earlier this year, special counsel David Weiss charged Hunter Biden with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. 

The president’s son pleaded not guilty to all counts in October before a sweetheart plea deal fell through.

Biden’s lawyers are attempting to have the indictment dismissed by saying it “violates” the collapsed plea agreement and maintain it is “still in effect” between the president’s son and federal prosecutors. 

Fox News has more:

“The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” Lowell argued in the filing. “In exchange for Mr. Biden giving up various rights—including his Fifth Amendment right to remain silent by agreeing to the Statement of Facts drafted by the prosecution and numerous restrictions on his liberty—the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm (among other offenses).” 

Citing the initial agreement, which Republicans have billed as a “sweetheart plea deal,” Lowell said prosecutors, in July, said they could not bring firearms charges “based on the firearm identified in the factual statement to the Diversion Agreement.” 

“Nevertheless, the prosecution did just that, by subsequently bringing this Indictment charging Mr. Biden with three felony firearm offenses, which all relate to the firearm identified in the Diversion Agreement’s factual statement,” Lowell continued Monday. “Because Mr. Biden gave up valuable rights as part of this contract, in exchange for the prosecution’s promise not to prosecute him, such promise must be fulfilled.”

Last week, Biden was also indicted on tax charges in California.

CNN reported that Hunter was hit with nine counts on charges that include failure to file and pay taxes; evasion of assessment and false or fraudulent tax return.

Biden is facing up to 17 years in prison for his crimes.

Special Counsel Asks Supreme Court To Weigh In On Trump Federal Election Interference Case

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Duncan Lock, Dflock, CC BY-SA 3.0 via Wikimedia Commons

Special Counsel Jack Smith asked the Supreme Court to immediately take up former President Trump’s federal 2020 election criminal case, urging the justices to weigh in on Trump’s immunity defense as the former president seeks to have the case tossed entirely.

Citing Trump’s fast-approaching March 4 trial date, Smith asked the Supreme Court to immediately take up the issue.

The Hill has more:

“It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected,” Smith wrote in the filing.

Smith also requested the Supreme Court expedite its consideration of whether to take up the issue. If they do agree to hear it, Smith further asked that the justices expedite their consideration of the case.

“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” Smith wrote in the filing.

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CNN Report Finds Trump Leading In Key Battleground States

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Image via Gage Skidmore Flickr

Bad news for Biden…

The latest CNN poll found former President Donald Trump leading President Joe Biden in Georgia and Michigan after failing to win the states during the 2020 election.

CNN has more:

In Georgia, a state Biden carried by a very narrow margin in 2020, registered voters say they prefer Trump (49%) over Biden (44%) for the presidency in a two-way hypothetical matchup. In Michigan, which Biden won by a wider margin, Trump has 50% support to Biden’s 40%, with 10% saying they wouldn’t support either candidate even after being asked which way they lean. In both Michigan and Georgia, the share of voters who say they wouldn’t support either candidate is at least as large as the margin between Biden and Trump.

Overall, just 35% in Michigan and 39% in Georgia approve of Biden’s job performance, the surveys find, and majorities in both states say his policies have worsened economic conditions in the country (54% in Georgia, 56% in Michigan).

Respondents also noted that President Biden’s age plays a major role in his leadership ability. For months, Republicans and Democrats alike have pointed to Biden’s numerous public gaffes and missteps as signs the President is ineffective and should not serve another term.

Most voters in both states say Biden, who’s 81, does not have the attributes they’re looking for in a president when it comes to his policy positions (57% in Michigan, 56% in Georgia), his ability to understand the problems of people like them (60% in Michigan, 56% in Georgia) or his sharpness and stamina (69% in Michigan, 66% in Georgia).

Fewer in each state say that Trump, who’s 77, falls short of their expectations for a president on those same measures. But Trump fares worse than Biden on temperament – 57% in Michigan and 58% in Georgia say the former president doesn’t have the temperament they’re looking for, compared with about half who say the same about Biden.

Trump and Biden are the clear frontrunners for the GOP and Democrat presidential nominations, setting the stage for a 2020 rematch in 2024.

The polls, conducted by SSRS, also surveyed respondents on how other GOP presidential primary candidates would fare against Biden in the two battleground states.

In a matchup between Nikki Haley and Biden, the former U.N. ambassador would win the general election in both states, according to the polls.

In a hypothetical general election matchup between Florida Gov. Ron DeSantis and Biden, the sitting president narrowly leads DeSantis by 3 percentage points in Georgia. In Michigan, DeSantis leads Biden by 7 percentage points.

Hunter Biden Indicted In California Tax Probe, Faces 17 Years In Prison

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President Joe Biden hugs his family during the 59th Presidential Inauguration ceremony in Washington, Jan. 20, 2021. President Joe Biden and Vice President Kamala Harris took the oath of office on the West Front of the U.S. Capitol. (DOD Photo by Navy Petty Officer 1st Class Carlos M. Vazquez II)

On Thursday, the President’s son Hunter Biden was indicted in California on numerous tax charges.

Special Counsel David Weiss has been using a federal grand jury in Los Angeles to gather evidence of possible criminal tax charges against Hunter Biden. 

CNN reported that Hunter was hit with nine counts on charges that include failure to file and pay taxes; evasion of assessment; and false or fraudulent tax return.

Biden is facing up to 17 years in prison for his crimes.

Read the indictment below:

Prosecutors said that Hunter Biden made more than $7 million during that period, which included money that he received from Burisma, CEFC China Energy, and others.

“Between 2016 and October 15, 2020, the Defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” prosecutors said.

Hunter Biden pleaded not guilty in October to federal gun charges in U.S. District Court for the District of Delaware after being charged out of Weiss’ years-long investigation. 

House Oversight Committee Chairman James Comer attributed Thursday’s indictment to the efforts of “two brave IRS whistleblowers, Gary Shapley and Joseph Ziegler.” 

“The Department of Justice got caught in its attempt to give Hunter Biden an unprecedented sweetheart plea deal,” Comer said. “Every American should applaud these men for their courage to expose the truth.”

“Unless U.S. Attorney Weiss investigates everyone involved in the Bidens’ fraud schemes and influence peddling, it will be clear President Biden’s DOJ is protecting Hunter Biden and the big guy.”

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McCarthy Announces Early Retirement

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Photo via Gage Skidmore Flickr

Former House Speaker Kevin McCarthy announced in a Wall Street Journal op-ed that he is resigning from Congress.

The California Republican will leave at the end of the year, setting up a special election before 2024’s U.S. House of Representatives elections.

Multiple Republican lawmakers told Axios last week that the former House Speaker would vacate his long-held congressional seat before the end of the year.

According to the report, McCarthy had reportedly gone so far as to confide in major donors that he intended to “get the hell out” of Congress, further eroding the GOP’s tenuous three-vote majority.

“I have another week or so to decide because if I decide to run again, I have to know in my heart I’m giving 110%,” McCarthy told financial reporter Andrew Ross Sorkin last Wednesday at Manhattan’s DealBook Summit. “I have to know that I want to do that,” the longtime Republican leader continued. “I also have to know if I’m going to walk away, that I’m going to be fine with walking away. And so I’m really taking this time now.”

Reaction to the then-rumors from his Republican colleagues was mixed.

“I mean, why the hell would he stay?,” one Republican lawmaker opined. “Damn shame,” quipped another.

Florida Rep. Matt Gaetz (R), who lead the intra-party rebellion against McCarthy, had an uncompromising take: “I suspect the former speaker will return to spend more time with the people he’s always represented – on Wall Street and K Street. I don’t imagine he’ll be walking the streets of Bakersfield.”

Some Republicans are worried that McCarthy may use his campaign funds to interfere in the primaries of the eight GOP lawmakers who voted for his removal instead of helping to expand the GOP’s majority.

California Gov. Gavin Newsom (D) is expected to hold a special election after McCarthy departs at the end of the year.

This article was republished with permission from American Liberty News.

Trump Predicts Biden Won’t Be Democrat Nominee

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Joe Biden via Gage Skidmore Flickr

Trump is calling it now, Biden will not be the Democrats’ nominee for president next year.

“I personally don’t think he makes it,” Trump told Fox News host Sean Hannity during a town hall-style event in Davenport, Iowa, on Tuesday. 

“I can’t think of in the last couple of months any appearance that he’d had where he wasn’t either mumbling or bumbling or stumbling or having no clue where to go, where to exit. Now my question is: do you think in 11 months he will be their candidate?” Hannity asked Trump. 

“I think he’s in bad shape physically. Do you remember when he said, ‘I’d like to take him behind the barn’? If he took me behind the barn, and I went like this,” Trump said, puckering to blow air from his mouth, “I believe he’d fall over. I believe he’d fall over, who knows!” 

“And by the way, it was okay for him to say that,” Trump said of Biden’s comment. “He could say that and everybody thought it was so cute. If I ever said it, they’d say, ‘He’s a dictator, he’s a horrible human being.’ You know it’s a whole double standard we have, not only in the law but just about everything else, as you know very well. I personally don’t think he makes it physically. I watched him at the beach. He wasn’t able to lift a beach chair which is meant for children to lift… and mentally I would say he’s possibly equally as bad and maybe worse.” 

Trump has been narrowly topping Biden in head-to-head polls taken over the past several weeks, including in battleground states. A recent poll conducted by The Economist/YouGov found that 51% of respondents believe Trump has done a better job as president, while 41% answered that Biden has done better.

Biden Says Re-Election Plans Entirely Revolve Around Trump

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Joe Biden via Gage Skidmore Flickr

Now we see where President Biden’s priorities are…

During remarks to donors at one of the fundraisers he attended on Tuesday in Massachusetts the President said he doubted he would seek a second term in the White House if Donald Trump was not also running for President.

“If Trump wasn’t running, I’m not sure I’d be running. But we cannot let him win,” Biden said, according to a press pool report from the event.

Another reporter also asked if Trump were to drop out of the race if Biden would consider doing the same.

“Would you drop out if Trump drops out?” the reporter asked.

“No, not now,” President Biden replied.

Rep. Dean Phillips (D-MN), who is running a challenge against Biden for the Democrat Party’s 2024 nomination, responded to Biden’s quote on Tuesday, saying on X, “Says the candidate with lower approval figures and losing to Trump in every poll of consequence. It’s downright delusional.”

Trump has been narrowly topping Biden in head-to-head polls taken over the past several weeks, including in battleground states. 

President Biden’s age and leadership abilities have cast serious doubts among Americans that Biden is the right man for the job. Even former Obama adviser David Axelrod has openly questioned if it would be “wise” for Biden to back out of the race now.

Trump has dominated the polls thus far, however, his numerous legal battles are cause for concern.

Speaker Johnson Says GOP Is Blurring Faces In Capitol Riot Tapes

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Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

On Tuesday, House Speaker Mike Johnson (R-La) confirmed House Republicans are blurring the faces of individuals seen on January 6, 2021 Capitol footage to avoid retaliation from the Justice Department.

“We have to blur some of the faces of persons who participated in the events of that day because we don’t want them to be retaliated against and to be charged by the DOJ and to have other concerns and problems,” Johnson said in a press conference on Tuesday.  

“We’re working steadily on it. And we’ve hired additional personnel to do that,” Johnson said. “And all of those tapes, ultimately at the end, will be out so everybody can see them.”

“I don’t think partisan elected officials in Washington should present a narrative and expect that it should be seen as the ultimate truth,” Johnson said of Jan. 6.

“The release of the January 6 tapes is a critical and important exercise. We want transparency,” Johnson said. “House Republicans trust the American people to draw their own conclusions.”

Last month, House Republicans released some of the security footage from the riot and posted it online where its available to the public. However, with the change in Speaker leadership the House Administration Committee is now proactively reviewing all footage and posting as much online as possible, as well as allowing members of the public to request time at the in-person terminals.

Appeals Court Rules Over Trump’s Presidential Immunity In Civil Jan. 6 Suits

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Elvert Barnes, CC BY-SA 2.0 , via Wikimedia Commons

On Friday, an appeals court found former President Trump is not immune from civil lawsuits blaming him for the Jan. 6, 2021, attack on the U.S. Capitol.

The Hill has more:

A three-judge panel affirmed that presidents can carry out their official duties without exposure to civil liabilities, but when they are not acting in that capacity, the protection doesn’t carry over.

“The President…does not spend every minute of every day exercising official responsibilities,” Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia wrote in an opinion. “And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the President.”

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