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DOJ says its obtained new search warrant for Eastman's phone

Federal prosecutors told a judge on Wednesday they have obtained a new search warrant directed at John Eastman, a lawyer who advised former President Trump on a scheme to overturn the 2020 election results, whose phone was seized by investigators last month.

Responding to a federal lawsuit Eastman filed challenging the seizure, Justice Department officials gave new details about their probe into his records and said they have worked to avoid infringing on any attorney-client privilege issues implicated by the search.

“The United States is in possession of Plaintiff’s cell phone, as well as a manual screen capture of certain contents of the device obtained by an agent not associated with the investigation team,” the prosecutors wrote in a court filing in New Mexico federal district court. 

“Plaintiff’s cell phone and the manual screen capture currently are in Northern Virginia, in the possession of federal agents with the Department of Justice, Office of Inspector General. On July 12, 2022, a federal agent obtained a second federal search warrant from the U.S. District Court for the District of Columbia that authorizes review of the contents of Plaintiff’s cell phone and the manual screen capture.”

The filing was submitted by Matthew Graves, the U.S. Attorney for D.C., and Thomas Windom, a federal prosecutor who has been detailed to oversee aspects of the DOJ’s Jan. 6 investigation.
The prosecutors said the DOJ has implemented a “filter protocol” to prevent investigators from reviewing potentially privileged records and that Eastman’s lawyers have been informed about the measure.

Federal law enforcement executed search warrants on Eastman and Jeffrey Clark, the former DOJ official who Trump had nearly installed as acting attorney general, on the same day last month in one of the most overt signs that the department had escalated its investigation into Trump’s inner circle.

Eastman is asking a federal judge to order his phone be returned and that investigators be blocked from conducting a search while his case proceeds.

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Manchin says he has reached a deal with Schumer on taxes, climate

Sen. Joe Manchin (D-W.Va.) announced on Wednesday that he has struck a deal with Senate Majority Leader Chuck Schumer (D-N.Y.) on legislation aimed at advancing key pieces of President Biden’s agenda, including measures that target taxes, lowering drug prices and combating climate change.

“I strongly support the passage of commonsense policies that reduce inflation and focus on the major challenges confronting America today and in the future,” Manchin said in a statement. 

“I now propose and will vote for the Inflation Reduction Act of 2022. Rather than risking more inflation with trillions in new spending, this bill will cut the inflation taxes Americans are paying, lower the cost of health insurance and prescription drugs, and ensure our country invests in the energy security and climate change solutions we need to remain a global superpower through innovation rather than elimination,” he added. 

The announcement comes after Manchin had previously backed away from talks relating to climate and tax provisions, saying he’d rather focus on lowering drug costs. 

Developing

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Pentagon allows wounded Ukrainian soldiers to be treated at U.S. military facility

Defense Secretary Lloyd Austin has allowed wounded Ukrainian soldiers to be treated at a U.S. military facility in Germany, U.S. European Command (EUCOM) told The Hill.

“Secretary Austin recently approved the use of Landstuhl Regional Medical Center in Germany for the medical treatment of Ukrainian service members,” a EUCOM spokesperson said.

Austin verbally approved the guidance in late May and later formalized the plan in a June 29 memo, according to CNN, which obtained the document.

The Pentagon’s plan allows for up to 18 wounded soldiers to be treated at the center at one time. Treatment would be allowed if there was no other facility available in Ukraine or nearby, CNN reported.

Landstuhl is a 100-bed Army commanded hospital located near Ramstein Air Base. It is the largest U.S. hospital outside of the country, as well as the sole military medical center for over 205,000 people in Europe, the Middle East and Africa.

However, the EUCOM spokesperson said that no Ukrainian forces have been treated there to date.

“It remains available to Ukraine, along with other steps the United States and our partners and allies have taken to provide medical training, equipment, and supplies in support of Ukraine,” the spokesperson said.

The news comes as Russia’s invasion of Ukraine drags into its sixth month. The Ukrainian government said in June that between 100 and 200 of its soldiers are killed in the war every day.

The U.S. has stepped up its military support to Ukraine since Russia’s invasion began on Feb. 24.

Last Friday, the Biden administration unveiled a $270 million security assistance package to Ukraine, which includes four High Mobility Artillery Rocket Systems (HIMARS) and up to 580 Phoenix “Ghost” Drones.

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DOJ has multiple possible paths to Trump indictment: Here's what it could look like

The Department of Justice’s (DOJ) apparent new focus on Donald Trump in its Jan. 6 investigation presents prosecutors with multiple possible paths to an indictment, as sketched out by the House select committee’s own investigation into the former president’s White House and outside allies. 

In recent days, federal prosecutors have reportedly obtained phone records from former White House chief of staff Mark Meadows, secured cooperation from the committee’s star witness, Cassidy Hutchinson, and questioned two of former Vice President Mike Pence’s top aides before a grand jury. 

The department’s new line of inquiry will give it an opportunity to corroborate the select committee’s evidence and fill in remaining gaps in the lawmakers’ case against Trump. 

Jeff Robbins, a former federal prosecutor and congressional investigative counsel, said he believes the committee’s hearings have likely prompted the renewed DOJ efforts by presenting a persuasive public case against Trump.

“It’s probably not coincidental that there seems to be an uptick in DOJ activity either aimed at the former president or encompassing the former president’s conduct after these hearings,” Robbins said. “I don’t think the circumstances are the same as they were several months ago, because the entire country has seen so much evidence of criminal intent.”

The Washington Post reported new details about the Justice Department’s focus on Tuesday. According to the report, prosecutors have asked grand jury witnesses for information about their conversations with Trump and the former president’s conduct around the Jan. 6, 2021, attack.

The focus has been on Trump’s effort to pressure Pence into obstructing Congress’s certification of the Electoral College results and a scheme to present a slate of fake electors who would have cast their “votes” for the former president to override results in key states President Biden won.

Those two areas have also been the subject of select committee hearings over the summer, in which lawmakers alleged that Trump’s legal advisers knew the schemes were likely illegal yet pushed ahead with them anyways.

Members of the select committee have said their evidence supports charging Trump with obstruction of an official proceeding — a felony charge that carries a maximum sentence of 20 years in prison and has been used against hundreds of rioters charged in the aftermath of the attack.

According to the Post, the DOJ is pursuing lines of inquiry that could lead them to weighing such charges against Trump as well as those involving conspiracy to defraud the U.S.

Even seditious conspiracy charges, which have been brought against members of the Proud Boys and Oath Keepers, are reportedly under consideration, though experts warn the DOJ may ultimately be hesitant to bring such a weighty case.

And some observers say the select committee has supplied ample evidence that would overcome the significant legal hurdles any potential prosecution would have to overcome.

One of the hearings’ main achievements, Robbins said, was providing a “mountain” of evidence that could be used to show Trump acted with corrupt intent to overturn the election, a major threshold for prosecutors in any potential case that he conspired to obstruct or defraud government proceedings. He said the DOJ’s ability to secure cooperation by flipping potential witnesses, a tool that the select committee lacks, would likely be the next course of action for prosecutors.

“There are going to be people who were privy to these discussions with the former president who have a much more powerful incentive to cooperate with the Department of Justice than they did to testify before the committee,” Robbins said. “I assume that process is underway.”

Danya Perry, a former federal prosecutor, said the committee has already provided much of the evidence that would be needed to back charges for obstructing a proceeding. 

“We’ve seen already that every single credible adviser — legal, political, familial and otherwise — to the former president was telling him that he had lost the election and there was no proof of fraud. Whether he willfully ignored that, or simply didn’t care, he objectively would have understood those facts. And I think there’s some direct evidence that he did,” she said.

But she thinks perhaps the strongest case Attorney General Merrick Garland and the DOJ would be able to make revolves around the fake elector scheme, pointing to reporting from The New York Times on Monday detailing emails from campaign staff that referred to their plans to send “fake” certificates.

“The fake electors is just something that lay people can understand better. If you have literally a competing set of electors that we now heard were actually called fake by the conspirators or by the schemers, that’s just something you put in front of a jury of citizens and they see that and they say, ‘Yeah, I understand that, I can wrap my mind around that,’ ” she said.

“Anyone who tries to circumvent the rules on the books and tries to do that by deceit and fraud and does us the favor of calling it fake — anyone in that position should be convicted of fraud.”

The DOJ has done little to tip its hand to the committee even as it asks for evidence from them, with Rep. Pete Aguilar (D-Calif.) telling reporters Wednesday that “the last request was, you know, all 1,000 interviews” they’ve done.

The panel and the DOJ are in the process of negotiating what form information sharing might take, though Rep. Bennie Thompson (D-Miss.), the panel’s chairman, has insisted that any review involve an “in-camera” session where prosecutors could look at, but not take, any of the depositions.

“We’ve spoken a lot about accountability, and in order for there to be true accountability, the Department of Justice may have to act,” Aguilar said, “but that’s not our job.”

Perry said if the DOJ does move to charge Trump, the decision will be made by the “ponderous, deliberate, methodical attorney general that we have.” 

“Obviously Garland and the line prosecutors are going to be very reticent about filing any charges that seem overly ambitious or aggressive. This is one where they’re going to need to feel they are on as solid of ground as possible,” she said.

“They’re going to want to make sure they cannot just support an indictment but sustain a conviction, and obviously the standard for that is beyond a reasonable doubt, but here I think they’re going to assign themselves with a higher burden of proof than exists in the charging instructions the jury will get.”

Mychael Schnell contributed.

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Blinken: War in Ukraine has ‘weakened Russia profoundly’

Secretary of State Antony Blinken said at a press conference on Wednesday that the war in Ukraine has “weakened Russia profoundly.” 

Blinken said the last progress that Russian troops have made in the easternmost Donbas region of Ukraine, which Russia has focused on since failing to take the capital Kyiv earlier in the war, has come at “huge cost” to lives and materials. 

He said the Ukrainian people are “more determined than ever” to defend their homeland and preserve their culture, and many countries throughout the world have condemned Russia’s actions. 

He said NATO has become more united since the conflict began and is poised to grow with Sweden and Finland in the process of joining the alliance. 

Blinken said the economic sanctions that have been put in place against Russia are having a “powerful and growing” effect. He said the Russian government has been “cherry-picking” data to portray the country as being in a better position than it is. 

He said highly educated professionals in fields like energy and technology and more than 1,000 companies have left the country since the war started. 

He said Russian imports have dropped more than 50 percent this year, and imports from Asia are not making up for losses from Europe. 

“What that also means is that Russia can’t manufacture products for Russian citizens or for export and will increasingly lose markets overseas,” he said. 

Blinken said the Russian budget is in deficit, and half of the Kremlin’s sovereign wealth has been frozen overseas. 

He said Russian leaders have recently raised alarms with shifting goals for the war. Russian Foreign Minister Sergey Lavrov reportedly said last week that Russia’s aims go beyond the Donbas. 

Blinken said the Russian government is “laying the groundwork” to annex additional Ukrainian territory by taking steps like installing illegitimate proxy officials and forcing residents to apply for Russian citizenship there.

He said the U.S. government expects Russian-installed leaders will hold “sham referendums” to create an appearance that the people living in the conquered territory want to join Russia, legitimizing their annexation. 

“We must and we will act quickly make clear to Russia that these tactics will not work,” Blinken said. 

He said annexation by force is a “gross violation” of the United Nations Charter. 

Blinken said he plans to speak with Lavrov in the coming days to discuss securing the release of American hostages Brittney Griner and Paul Whelan and the deal reached last week for Ukraine to be able to export grain and other agricultural goods out of the Black Sea.

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Newsmax inks multiyear deal with Verizon

Conservative cable channel Newsmax has signed a new multiyear agreement with distributor Verizon, the two parties announced on Wednesday.

The new agreement will retain Newsmax’s broad distribution on the Verizon platform, which the company claimed reaches 3.5 million subscribers in the Northeast and Mid-Atlantic regions.

“Verizon has carried Newsmax for many years, and we are delighted to be extending our distribution through the Fios platform,” said Christopher Ruddy, CEO of Newsmax Media. “We have found them to be outstanding partners who have demonstrated a strong commitment to the presentation of diverse, independent voices through their programming. We’re glad that we are continuing with this new agreement.”

Terms of the deal were not disclosed, but news of Wednesday’s agreement comes just days after Verizon confirmed it would not renew its contract with One America News Network, another conservative cable channel, after July 31, saying OAN would be removed from its television lineup. 

“Our company has long advocated for providing customers with the ability to choose what content they want to watch, and our Fios TV platform offers a wide and diverse choice of programming options, including a la carte options, that strive to meet our millions of customers’ various content needs and preferences,” Verizon said in a statement to The Hill last week.

Newsmax and OAN, both with audiences a fraction of that of the three main cable news channels, emerged following the 2020 presidential election as the networks of choice for former President Trump’s staunchest supporters based largely on their segments about Trump’s false claims of widespread voter fraud and other culture war issues.

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Ted Cruz says Texas should repeal nonfunctioning law criminalizing gay sex

Sen. Ted Cruz (R-Texas) has voiced support for repealing a decades-old Texas law that criminalizes sexual conduct between consenting adults of the same sex. 

In a statement to Changing America, a spokesperson for Cruz said the senator agreed with a 2003 opinion by Supreme Court Justice Clarence Thomas that the state’s law against sodomy is “uncommonly silly.”

“Consenting adults should be able to do what they wish in their private sexual activity, and government has no business in their bedrooms,” the spokesperson said. The news was first reported by the Dallas Morning News, 

A section of Texas’ penal code passed in 1973 defines “homosexual conduct” as “deviate sexual intercourse” that constitutes a Class C misdemeanor, a fine-only offense punishable by a penalty of up to $500.

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The law has been unenforceable since 2003 when the Supreme Court ruled in Lawrence v. Texas that criminal punishment for those who commit sodomy are unconstitutional.

Despite Justice Thomas’ earlier opinion, in a separate opinion following the Supreme Court’s decision to overturn Roe v. Wade last month, Thomas argued that the court should reconsider its substantive due process precedent in Lawrence, as well as in other landmark cases safeguarding access to contraceptives and the right of same-sex couples to marry.

In June, Texas Attorney General Ken Paxton (R) said he would defend Texas’ sodomy ban.

“My job is to defend state law and I’ll continue to do that, that is my job,” he said in an interview with NewsNation. Texas is one of 14 states with sodomy bans still on the books.

Cruz’s position on the law is a shift from earlier comments made by the senator about LGBTQ+ rights. Last week, Cruz on his podcast “The Cloakroom,” which he hosts with conservative political commentator Liz Wheeler, said the Supreme Court was “clearly wrong” in its landmark 2015 Obergefell v. Hodges ruling that legalized same-sex marriage nationwide.

“Obergefell, like Roe v. Wade, ignored two centuries of our nation’s history,” Cruz said. “Marriage was always an issue that was left to the states.”

On a July 23 episode of his podcast, “The Verdict with Ted Cruz,” Cruz doubled down on his comments, telling co-host Michael Knowles that the Supreme Court “invented a brand new right” in a move that circumvented the democratic process.

“It’s what I believed then and every day since then,” he said. “It’s virtually what every conservative on the planet believed then and still believes now, even if there’s some Republicans scared to say it.”

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CDC must act to prevent monkeypox explosion in prisons

Monkeypox has arrived behind bars, and the coming weeks will dramatically reframe how we think about this outbreak. This virus has already caused tens of thousands of cases across dozens of countries, occurring mostly among men who have sex with other men.

The current epidemiology of the outbreak in the U.S. necessitates resources to educate, vaccinate and treat men who have sex with men, especially Black and other minority men who are often pushed aside during public health crises. But we must act now to address how American mass incarceration will accelerate this health emergency, because many of the grim realities of our system of incarceration will cause a rapid spread of this virus, just as occurred with COVID-19.

In fact, the first reported case of monkeypox, in the Cook County, Ill., Jail, is a setting where the ability of jail infections to propel community transmission around the jail was well-established by researchers.

One crucial feature of monkeypox is that transmission isn’t limited to the mucosal surfaces and body fluids of sexual contact. Physical contact of skin (and potentially respiratory droplet exposure) during these close contacts can also cause transmission. This difference means that we need to anticipate transmission in other settings where these types of close contact occur, including schools, health care facilities and homeless shelters.

But unlike other settings, the nation’s 7,000 jails, prisons and detention centers are sites of common close physical contact that also remain purposefully removed from our community health systems and oversight. In a similar manner, skin infections with the bacterium Staphylococcus aureus have plagued incarcerated people for decades, often with inadequate testing and treatment.

The Centers for Disease Control and Prevention (CDC) should quickly act to provide recommendations to carceral systems to reduce close contact and increase detection and treatment of monkeypox. This requires being more explicit than they were with COVID about the extremely crowded and filthy conditions in facility intake and court pens, where people spend hours to days shoulder to shoulder, laying on the floor or sitting on benches as they wait to be processed into facilities or court appearances.

This close contact is often skin-to-skin and is more than enough to propel the spread of monkeypox. As with COVID, many of the initial cases of monkeypox will come from staff and their movement around every corner of facilities. This, combined with their daily physical contact with detained people, will likely be a feature of how monkeypox spreads.

Accordingly, the CDC should provide training materials for correctional administrators on the precautions staff should take. In addition, the CDC can be specific about the need to eliminate barriers to care, including co-pays. Monkeypox is associated with skin lesions, but people can also have vague viral symptoms while contagious, and my experience in dozens of COVID-19 inspections is that these co-pays represent a potent disincentive to reporting symptoms, as do punitive isolation practices.

The CDC should also be clear that facilities with half or more of their correctional staff positions unfilled, a common problem since COVID, should reduce the number of people who are incarcerated, otherwise the only management tools available will involve more lockdowns, more crowding and increased transmission.

State and local health departments can start their engagement by visiting these facilities and speaking with the people held there. I was initially encouraged by the efforts of the CDC and local health departments to go into facilities at the outset of COVID, but then dismayed when I saw that many visits involved no discussions with incarcerated people and amounted to manicured tours by facility administrators.

These visits should include health department monkeypox experts as well as those who are specifically charged with promoting health equity. The voices and clout of health agencies and professionals remain largely absent from the issue of mass incarceration. Our efforts to blunt the spread of monkeypox in jails and prisons must engage health resources and systems to address this systemic problem.

Dr. Homer Venters is the former chief medical officer of the New York City jail system and author of “Life and Death in Rikers Island.”

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Murdoch told Jared Kushner 'there is nothing I can do' on Fox News Arizona call: book

Fox News owner Rupert Murdoch told Jared Kushner, former President Trump’s son-in-law and a top White House adviser, that there was nothing he could do about the network’s decision to call Arizona for President Biden on election night 2020.

In an upcoming memoir, Kushner writes about election night at the White house and says he called Murdoch shortly after Fox’s Decision Desk called Arizona for Biden, a move that shocked and infuriated the Trump campaign.

Murdoch told Kushner he would look into it, Kushner wrote, and then the media mogul called him back.

“Sorry, Jared, there is nothing I can do,” Kushner quoted Murdoch as saying. “The Fox News data authority says the numbers are ironclad — he says it won’t be close.”

The passage from Kushner’s book was obtained and published online by New York Times reporter Kenneth P. Vogel on Wednesday.

Kushner’s call to Murdoch was widely reported after the election, but Kushner’s account is the first insight into what was said between the two powerful political figures.

After Fox made the Arizona race call, Trump’s campaign attacked the network’s Decision Desk head, Arnon Mishkin, describing him as a “[Hillary] Clinton-voting, Biden-donating Democrat.”

A pair of top Fox News politics staffers have since left the cable news giant. One of them, Chris Stirewalt, a former editor at Fox, testified before the House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol. 

This story was updated at 4:08 p.m.

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'Fossil-flation' fuels the climate crisis and costs Americans money: Electrification is the answer

When Sen. Joe Manchin (D-W.Va.) axed the climate provisions of a federal spending package, the move was gutting not just for the needless harm and loss for our country that it will beget, but also for its perpetuation of the craven and misinformed idea that climate spending causes inflation. Manchin amazingly suggested that we must “avoid taking steps that add fuel to the inflation fire.” But of course, it is “fossil-flation” that is feeding the fire. 

The inflation crisis battering American households is a perfect storm: a runaway climate crisis exacerbated by the conflict in Ukraine. Fossil fuels are a macro driver of inflation, which means that beyond direct energy and gas price increases, they drive up the price of everything around us. What has been exposed by the war is the fragility of our fossil fuel supply chain, and the volatility we live with by powering our lives with these planet-warming fuels. Since Russian President Vladimir Putin’s illegal invasion began, over 40 percent of overall inflation is directly attributable to skyrocketing fossil fuel prices. Although Manchin has dealt our efforts to zero out fossil fuels a serious blow, he does not get to write the ending to the story — we do. 

Fossil fuels are marked by volatility, which begets insecurity and drives down consumer confidence. Crude oil spikes have historically triggered recessions. Over the last 20 years, an American family could expect to pay $230 per month at the pump. Today, it is up 75 percent to $400 a month. Home heating fuel prices have fluctuated by 50 percent over the last two decades. And the price has increased by a staggering 99 percent. 

These fluctuations can be devastating to families, as a vast number of Americans live on the economic margins. In fact, 49 percent of Americans could not cover a $400 emergency expense today. When low-income families can no longer bear the burdens of fossil-flation, economic relief comes at the cost of physical safety. Families are exposed to unsafe cold or forced to choose between dangerous secondary heating sources: space heaters that cause fires or ovens and stoves that poison the air with carbon monoxide. 

The idea that domestic drilling or releasing supply from our reserves will bring prices down in any meaningful way or guarantee energy security for these households is foolishly short-sighted. There will continue to be political events across the globe that trigger price shocks that destroy lives. The simple truth is that fossil fuels contribute to climate instability and threaten our national security, which creates a vicious cycle of risk, stoking inflation and speculation. We know that climate change will cause inflation, as corroding supply chains and scarcity raise prices and we know that fossil fuels cause climate change.

This negative feedback loop will continue to make life harder for American families until we halt it. The heat waves washing over the country are becoming more frequent and more intense. They, too, are a product of fossil-flation, as they force households to spend more money to stay cool and safe. 

The solution is clear: Let’s get off fossil fuels and power our lives with plugs, not pipes.

Electrification both mitigates climate effects and creates stability. While gasoline hit a record $5 per gallon in June, driving an electric car costs the equivalent of just $1.06 per gallon today. Electric heat pump technology is so efficient that — when paired with congressional investments — the average American household would have saved $970 in energy bills if they electrified last year, and $1,350 if they had also installed solar panels. If current prices hold over the next year, these savings will grow to $1,420 and $1,840, respectively. 

This money would help American households trying to make ends meet right now. But the savings from electrification are not one-off: Every year that we use these efficient, electric machines, we save money. And renewable energy generation, whether from the panels on our roofs or the grid, locks in low energy prices for decades and stimulates local economies. It also localizes supply, insulating communities and families from the political and profiteering whims of tyrants and global oil and gas corporations. 

So, it turns out that the answer to the climate crisis and fossil-flation runs through us: our homes and our communities. Policy and private action need to come together now. 

President Biden invoked the Defense Production Act to spur domestic manufacturing of solar panels, heat pumps and insulation. The administration should use, and Congress should fund, the advanced market commitment powers contained within the order to get the 10 million American households on delivered fuel and those who are most exposed to fossil-flation, off of it. This will save these households thousands of dollars this winter alone.

Second, we should work relentlessly at the state and local level to drive down the prices of these machines by eliminating unnecessary regulation and market friction. Solar should cost less than the $1 per watt like it does in Australia, not the $3.50 per watt it does here due to local permitting costs. And we should pilot community programs to upgrade breaker boxes and install 240-volt outlets where the furnace, water heater and cooktop will need to go electric, removing a barrier when the time comes to replace these machines.

Third, we should get the private sector in the game, channeling their climate commitments in ways that help families and maximize the emissions benefits of their investments. Mortgage rates should be lower for buyers who electrify because the green assets they are creating are more valuable on Wall Street. In addition to funding far-out technologies like carbon removal or tree planting, corporations could and should be spending their carbon offset dollars on helping families in the communities they are part of purchase heat pumps and solar, providing almost instant relief at the kitchen table, with more immediate and tangible climate benefit. Electrification can bend the curve now when it matters most, meanwhile, the private sector can help and feel good doing it.

Yes, Congress should still pass those climate provisions as the central part of an anti-inflationary package designed to help America’s struggling families and communities.

We deserve a politics of abundance and shared benefit — of optimism and hope. Americans deserve policymakers who are committed to getting things done and making life better. The failure to pass the climate provisions is the opposite of that. However, one man and one moment do not define the arc of our possibility. When the answer is so clear, the outcome cannot be withheld, we will make sure of that. 

Ari Matusiak is the co-founder and CEO of Rewiring America, co-founder of Purpose Venture Group and a former special assistant to President Obama and the administration’s director of private sector engagement.

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