The Jan. 6 committee hasn’t found a ‘smoking gun.’ Here's why it matters.

What the House Select Committee on the January 6 Attack has not done is as important as what it has. Its thorough investigation revealed despicable conduct by former President Trump, but it has failed to find “smoking gun” evidence that he committed a crime. 

That phrase will forever be associated with the Watergate investigation of President Nixon. What became known as the “smoking gun tape” emerged in August 1974 during impeachment proceedings against Nixon in the House of Representatives over the break-in at the Democratic National Committee headquarters in Washington’s Watergate Hotel.

The tape recorded an Oval Office conversation six days after the break-in in which Nixon and his chief of staff, H.R. Haldeman, discussed the FBI’s investigation into whether the break-in was “a White House operation.” They devised a plan to instruct top CIA officials to tell the FBI, in Nixon’s words, “’Don’t go any further into this case — period!’”

The tape so unequivocally established a conspiracy to obstruct justice that the 10 Republicans on the House Judiciary Committee who had recently voted against impeachment changed their votes. Days after the tape’s release, Nixon resigned rather than face certain impeachment by the House and conviction in the Senate. He avoided indictment only because President Ford pardoned him.

The equivalent evidence in the Jan. 6 investigation would be a tape recording or a credible eyewitness account of Trump, Rudolph Giuliani and Steve Bannon discussing how Trump should use his Ellipse speech on Jan. 6 to make the crowd so angry that it would storm the Capitol as soon as it heard the instruction “We are going to walk to the Capitol.” Nothing like that has been found.

Without smoking gun evidence, Attorney General Merrick Garland and his aides face a difficult decision. The existing evidence that Trump intentionally incited a riot to stop the electoral vote count might be sufficient to persuade a judge to let the prosecution’s case go to a jury. But whether the evidence is strong enough to convict is an open question.

The defense will argue that Trump’s Ellipse speech and later tweets on Jan. 6 never urged violence and that when the president told the crowd to “fight like hell,” he was only exercising his First Amendment rights and using typical political rhetoric, like Joe Biden when he tweeted during the 2020 campaign that “I will continue to fight — like hell.” Biden’s tweet was only about fighting for working class families, and wasn’t made to an armed mob, but that’s what defense attorneys do in a criminal trial.

Trump’s more than three hours of inaction during the riot, followed by his videotaped statement telling the rioters “we love you,” convincingly demonstrates his approval of the riot and the rioters. But since presidential dereliction of duty is not a federal crime, the jury would still have to decide whether to infer from his inaction that, in his Ellipse speech hours earlier, Trump intended to and did incite the riot. How that comes out is anyone’s guess.

But wasn’t Trump’s behavior just so God-awful that any jury would surely convict? It certainly was that, but the criminal justice system is so focused on the elements of a crime, such as intent and causation, that God-awfulness won’t convict if the prosecution lacks beyond-a-doubt proof of those elements.

Most people fail to appreciate how hard it is to persuade all 12 jurors beyond a reasonable doubt – the most exacting legal standard in all American law – to convict a typical defendant. 

And Trump would not be a typical defendant because no former president has ever been indicted, let alone by the administration of the opposing political party. A Trump prosecution needs smoking gun-type evidence because an indictment could tear the country further apart, and an acquittal even more. This isn’t a double standard for former presidents but a recognition that prosecutorial discretion must take into account the unique nature of the presidency. 

That’s why it’s significant that the Jan. 6 committee so far has failed to find a smoking gun.

Gregory J. Wallance, a writer in New York City, was a federal prosecutor in the Carter and Reagan administrations, where he was a member of the ABSCAM prosecution team that convicted a U.S. senator and six representatives of bribery.  He is working on a book about a 19th century American journalist who investigated the Siberian exile system. Follow him on Twitter @gregorywallance.

Source: TEST FEED1

49 percent in Virginia poll approve of Youngkin's performance

Virginia Gov. Glenn Youngkin (R) has a 49 percent approval among his constituents just a few months into his first year as governor, new polling shows.

A poll conducted by the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University found that 25 percent of Virginians “somewhat approve” of the new governor, while 24 percent said they “strongly approve.”

Respondents generally approved of Youngkin’s actions on specific fronts, though Republicans sided with the governor at higher rates on select issues than Democrats. 

For a proposal to eliminate the gas tax in the state, 69 percent of Republicans and 49 percent of Democrats supported such a measure. For a proposed cut to the state grocery tax, 79 percent of Republicans and 60 percent of Democrats said they supported such a cut. About 62 percent of Republicans, compared with 57 percent of Democrats, support a new law permitting privately run, publicly funded laboratory schools. 

In contrast, 94 percent of Democrats support Youngkin’s work to fund historically Black colleges and universities, compared with 69 percent of Republicans.

Youngkin flipped Virginia red when he beat former Gov. Terry McAuliffe (D) in the state’s 2021 gubernatorial race. He took office in January to serve a four-year term.

The governor has already responded to calls for a 2024 presidential bid, saying he’s “hugely humbled” but not yet considering making the jump. 

Speculations about a presidential campaign have been fueled by Youngkin’s creation of political action committees to get involved in races in Virginia and elsewhere, campaigning for his party.

The university conducted the poll of 813 Virginia adults from June 30 to July 9, and the results have a margin of error of 5.81 percentage points.

Source: TEST FEED1

New York City urges WHO to rename monkeypox to avoid 'stigmatizing effects'

The head of the New York City Department of Health and Mental Hygiene called on the World Health Organization (WHO) to rename monkeypox to prevent the “potentially devastating and stigmatizing effects” that the virus’s name could bring about.

Commissioner Ashwin Vasan wrote to WHO Director-General Tedros Adhanom Ghebreyesus in a letter on Tuesday expressing his concerns over how his city was again “at the epicenter of a contagious disease that is affecting the fabric of our communities.”

“Further, we have a growing concern for the potentially devastating and stigmatizing effects that the messaging around the ‘monkeypox’ virus can have on these already vulnerable communities,” Vasan wrote, urging the Tedros to follow through with what his organization said it would do last month.

During a press briefing on June 15, Tedros announced that the WHO was working with global partners and experts to change the name of monkeypox, saying a new name would be given “as soon as possible.”

Vasan said he had a “serious concern” over exclusively using the term “monkeypox” to refer to the virus due to the “painful and racist history” associated with the name. He also noted that the name itself was misleading, as the virus is not believed to originate in monkeys.

“The language we use in public health matters, and it has tangible effects on the safety of communities most at risk for poor health outcomes,” wrote the commissioner.

He noted how hate crimes against Asians and Pacific Islanders increased throughout the COVID-19 pandemic due to the stigma and racist names that were linked to the virus. Former President Trump was regularly criticized for referring to COVID-19 as the “Wuhan virus” and the “China virus.”

More than 3,500 monkeypox cases have been confirmed by the Centers for Disease Control and Prevention so far, with New York currently leading by far in terms of cases. These numbers likely reflect an undercount as testing has been limited.

Source: TEST FEED1

Mega Millions jackpot tops $1 billion for third time ever

The Mega Millions jackpot surpassed $1 billion for only the third time in its history after no one won the total in the drawing Tuesday night. 

The $1.025 billion jackpot is the fourth-largest prize in U.S. lottery history. The excitement surrounding the jackpot was so large that the Mega Millions website went down for more than two hours on Tuesday, according to a press release. 

A winner can choose an annuity option, receiving payments over 30 years, or a cash option, which will win them about $602.5 million, the release states. 

The next drawing is scheduled for Friday. 

The jackpot is just short of the $1.05 billion won in Michigan last January. Mega Millions’ largest jackpot was $1.537 billion, the largest amount ever won from a single lottery ticket in the world. The recipient won the money in South Carolina in October of 2018.

Although no one has won the grand total yet, many have won smaller prizes since the last time the jackpot was won on April 15. One ticket sold in Ohio earned the winner $3 million, while eight others with winning Match 5 tickets won $1 million. 

Mega Millions has made 29 drawings and more than 28 million winning tickets at all prize levels since the last jackpot win, which happened in Tennessee. That includes 42 winning tickets worth at least $1 million. 

Ohio Lottery Director Pat McDonald, who serves as the lead director of the Mega Millions Consortium, said seeing the jackpot build over the past few months and rise above $1 billion is “truly breathtaking.” 

“We encourage customers to keep play in balance and enjoy the ride,” he said. “Someone is going to win.” 

Mega Millions is played in 45 states, Washington, D.C., and the U.S. Virgin Islands, according to Mega Millions’ website. 

The odds of winning the jackpot are about 1 in 300 million, while the odds of winning at least $1 million are about 1 in 12.6 million.

Source: TEST FEED1

House panel says gunmakers earned more than $1B from sales of assault weapons

Major gun manufacturers earned more than $1 billion from sales of military-style assault weapons to American civilians in the last decade, the House Oversight Committee said in a report Wednesday.

The report was released shortly before a scheduled hearing on gun violence and the firearms industry.

“These companies are selling the weapon of choice for mass murderers who terrorize young children at school, hunt down worshippers at churches and synagogues, and slaughter families on the Fourth of July. In short, the gun industry is profiting off the blood of innocent Americans,” committee chair Rep. Carolyn Maloney (D-N.Y.) said in a statement Wednesday.

Hundreds of thousands of these military-grade weapons are purchased each year, the committee report found. 

The investigation, spurred on by recent mass shootings in Uvalde, Texas, and Buffalo, N.Y., focused on five major U.S. manufacturers whose semi-automatic weapons have been used in recent mass shootings: Bushmaster, Daniel Defense, Sig Sauer, Smith & Wesson and Sturm, Ruger & Company.

The lawmakers blamed gun manufacturers for “manipulative marketing campaigns” to entice buyers, young men in particular, with advertisements modeled after popular video games and promises that the weapon will elevate users to Special-Ops levels. 

“Materials obtained by the Committee show how sellers tout assault rifles’ military pedigree, make covert references to violent white supremacists like the Boogaloo Boys, and prey on young men’s insecurities by claiming their weapons will put them ‘at the top of the testosterone food chain,’” the report reads.

Maloney called these marketing tactics “deeply disturbing, exploitative, and reckless.”

The committee also said the manufacturers don’t track deaths, injuries or crimes related to gun use and “were unable to produce any internal analyses of the dangers caused by selling their military-style weapons to civilians.”

The House is set to vote this week on the Assault Weapons Ban of 2021 after it passed the House Judiciary committee 25-18.

The CEOs of Daniel Defense and Sturn, Ruger & Company will testify before the committee Wednesday. The Smith & Wesson CEO was invited, but isn’t slated to attend. They’ll be joined by senior counsel from the nonprofit Brady: United Against Gun Violence and a senior advisor from the Giffords Law Center.

Source: TEST FEED1

Watch Live: House panel to hold hearing on role of firearm industry in gun violence

The House Oversight and Reform Committee will hold a hearing Wednesday morning on the role of the firearms industry in the nation’s gun violence.

The event is scheduled to begin at 10 a.m. ET.

Watch the video above.

Source: TEST FEED1

As governments shoot for the stars, partnerships fuel their rise

The spectacular images delivered by the James Webb Space Telescope offer us all a humbling pause and perspective of our place in the universe and reveal how much more there is yet to be discovered. The look at the dawn of time is also a needed reminder of how global partnerships with governments, industry and research institutions can make the unimaginable possible.  

Webb’s success is a revolutionary moment for science, engineering and cooperation that opens a window to see nearly 14 billion light-years away. Traveling that distance may be physically out of our reach, but the booming global space industry on Earth is already tackling innovations needed for future moon and Mars travel and exploration. At the same time, brilliant minds around the world research the technologies that could take us to distant stars as well as deliver even more innovations for life on Earth.   

A report released today by Space Foundation reveals in 2021 alone, 90 nations came together to create a record $469 billion global space economy, and all signs point to continued exponential growth. More countries and hundreds of cutting-edge companies will soon enter this domain, seeking what every space-engaged populace desires — access and opportunity.  

All effort and money aimed toward our orbit and beyond shows Earth has reached a new epoch — a time when space hosts the critical infrastructure upon which all other infrastructures depend. Like the Bronze Age, Iron Age and Industrial Age, the long-anticipated Space Age has fully arrived for humankind.  

Without space, there’s little national security and economies stop without satellites and other space-dependent applications. With unprecedented government and commercial space spending, our dependence on space and the opportunities space can deliver will only increase.  

In the first six months of this year, the world launched more active orbital spacecraft (1,022) than in the first 52 years of the Space Age (1957-2009, 986) combined. With that pace of launch activity combined and with government spending increasing to 19 percent and commercial spending at 6 percent over the past year, space infrastructures and architectures have woven themselves into every facet of life, while becoming more intricate and complex than ever before.  

Operating in the harsh environment beyond Earth’s atmosphere remains challenging but the past year has proven that partnerships can overcome the highest hurdles. With eight new government and commercial space stations planned over the next decade, cooperation has become just as important as individual national leadership. Despite challenges of international politics, including the Ukraine-Russia conflict of these past months and Russia’s recent announcement it will leave the International Space Station (ISS) in 2024, ISS and its more than two decades of crewed operations are a cornerstone upon which to build.  

While it is impossible to remove politics from everything, when we set that aside, there is no problem the professionalism and capabilities working-level space operators cannot handle.  

Today’s space renaissance is truly remarkable. Even with its setbacks in terms of development and costs, the James Webb Space Telescope also offers an impressive blueprint to follow. Building on the lessons from Hubble and other projects, global partners assembled from government, industry and research created and launched the most sophisticated telescope in human history. Each brought vision, expertise and investment to the table.  

Just like the orbiting laboratory ISS, Webb is proof that once assembled, the global diversity of talent can achieve incredible things that not only make history and improve our understanding of our shared universe but also inspire generations to step forward and find their place within it.  

The same holds true with the global space economy. As much as people associate spending on space with creating revolutionary technologies, in truth, space is ultimately an investment in people. No technology ever gets there on its own; it starts with creativity, curiosity, and tenacity.  

Every person possesses those necessary ingredients. Investment in education — at every level — will build pathways to discovery and inspire positive change worldwide. National ambitions will always drive individual countries to make their entry into space, but there is also a human element in being part of a team in pursuit of lofty goals.  

Alliances made between governments, industry and education brought us to this Space Age, a time when space is the most inventive and important driver of today’s critical infrastructures and economies.  

The Space Age has arrived, and it is up to us to deliver its promise for new generations. While America remains the world’s dominant spacefaring nation, it has longtime allies and strategic competitors such as China, India, Europe, Russia and others accelerating their efforts in the global space ecosystem.  

Together, friends and rivals can overcome terrestrial tempests that roil world politics and harness the creativity of humankind to reach for the distant stars Webb has only just begun to reveal. 

Tom Zelibor, Rear Admiral, USN (Ret.) is CEO of Space Foundation, a 501(c)(3) global space advocate headquartered in Colorado Springs, Colo. 

Source: TEST FEED1

Biden approval rating drops to 41 percent in Massachusetts: poll

President Biden’s approval rating dropped to 41 percent in Massachusetts, according to a new Suffolk University/Boston Globe poll, the latest piece of bad news for Biden and Democrats ahead of this fall’s midterm elections.

The poll found 48 percent of Massachusetts voters disapprove of Biden’s performance. 

The numbers are a drop from an April Suffolk University/Boston Globe poll that showed 46 percent of Massachusetts voters approved of Biden’s job as president while 46 percent disapproved. 

The dip in approval comes as Americans continue to struggle with inflation and other domestic issues, including rising gas prices and a baby formula shortage.

Biden appears to be losing ground with his own party. The poll found his approval among Democrats fell from 75 percent in April to 62 percent this month, following widespread frustration with the White House’s handling of several key issues.

The poll also found just 35 percent of independent voters in the state approve of Biden’s performance.

The groups Biden did best with were women and Americans above 56 years old in Massachusetts. He did the worst with Hispanic voters and those between the ages of 18 and 35.

The poll in is another worrying sign for Democrats as they prepare for a tough midterm election year that is expected to go well for Republicans. 

It is also a bad sign for Biden, who has seen his approval ratings tumble even as he says he will run for president again in 2024. 

In a recent New Hampshire poll, Transportation Secretary Pete Buttigieg had  slightly more support than Biden in a question regarding voters’ choice in president for 2024, with Buttigieg getting 17 percent support and Biden getting 16 percent.

Massachusetts is a historically Democratic state that helped Biden win the 2020 presidential primary and general election. 

The poll was conducted between July 20 and July 23 among 569 respondents. The margin or error is plus or minus 4.1 percentage points.

Source: TEST FEED1

A comprehensive plan to restore confidence in American elections

As the nation grappled with the uncertainty of the pandemic, many states rushed to make changes to their election processes in 2020 that led to problems like live ballots being sent to inaccurate mailing lists, limited or no access for observers, ballot harvesting, and untimely reporting of results. These issues have created a crisis among American voters who have lost faith in our elections.

To make matters worse, Speaker Nancy Pelosi (D-Calif.) and House Democrats have rammed through partisan proposals, like H.R. 1, the For the People Act, crafted behind closed doors. If implemented, their bill would impose a one-size-fits-all takeover of our elections and line the campaign coffers of politicians with public dollars. At the same time, the Biden administration has falsely claimed that states like Georgia, Florida and Arizona are “suppressing” voters because they implemented new election integrity laws. These actions further undermine voter confidence.

It’s time for Republicans in Congress to meet the moment and start leading on election policy. That’s why I’ve spent the last two years championing the Faith in Elections Project, a three-pronged strategy to restore voter confidence and election integrity through education, engagement, and reform.

As the ranking member on the Committee on House Administration, which has jurisdiction over federal elections, I focused on making sure my fellow members of Congress and their staff had the opportunity to meet with elections officials and learn firsthand how elections are administered. We accomplished this through one-on-one meetings, webinars, monthly newsletters, and an internal elections hub with the latest news and policy developments. We also reached the public directly through the launch of a new podcast series where I host outside experts for conversations to answer some of the big questions.

The next step in the project included traveling to 18 states and territories to meet with secretaries of state, local elections officials, state boards of elections, state legislators, and others in the elections community to get feedback on how we can make America’s elections run even better and restore voters’ trust in the process and outcomes.

Now, after two years of learning from the experts and digesting feedback from stakeholders, I’m excited to announce that we’ve reached the final phase: Reform.

Today I’m introducing the American Confidence in Elections (ACE) Act. This comprehensive legislation addresses issues in our federal elections while upholding our federalist principles. It’s coupled with corresponding model state legislation for each state to consider as we all work to improve election integrity.

Ultimately states are the foundation of the ACE Act, as the Constitution gives them primary authority to establish election law and administer federal elections. My bill provides them with tools to boost election integrity and removes outdated federal policies that get in their way. 

For example, the ACE Act makes it easier for states to issue photo voter IDs that confirm citizenship by reforming the existing REAL ID Act. The bill will also reform the voter list maintenance process to clarify states’ authority to ensure all eligible, registered voters are included on the rolls—and no one else. We’ll work to improve the U.S. Postal Service’s handling of election mail and ensure our election workers are recognized for the vital work they do. Further, the ACE Act will establish a federal forum for states to consider ways to improve signature verification, observer access, and delivery of ballots by mail to make sure we all benefit from their innovation.

However, the Constitution gives Congress responsibility over the District of Columbia. The ACE Act will implement best practices outlined in the model state legislation in Washington. A lot of false narratives on the left will quickly be debunked when commonsense measures like requiring a photo ID are implemented in such a liberal area with no negative impacts on turnout or effects in the outcome.

Finally, the last pillar of the bill is focused on protecting free speech. In an environment where Democrats are intent on silencing their political opponents, the ACE Act makes clear that speech from across the political spectrum is protected by the First Amendment. In the same vein, the bill strengthens state party committees and non-profit organizations while curbing the use of “Zuckerbucks” and prohibiting the creation of any “Misinformation Czar.” 

Over the last two years, I’ve reviewed nearly every aspect of elections — from military voting administration to ensuring that redistricting is used only as a tool to strengthen democracy. I’m incredibly proud of this legislation and though I am under no illusion that Democrats will act on it this Congress, I am confident my Republican colleagues will when they retake the majority next year because the American People must have full confidence in their elections.

Rodney Davis is ranking member of the Committee on House Administration.

Source: TEST FEED1

Polling shows tight races for governor, Senate in Georgia

A new Atlanta Journal-Constitution poll shows tight races for governor and senator in Georgia, two of the most-watched battles leading up to November. 

The poll shows incumbent Gov. Brian Kemp (R) holding a lead over his Democratic opponent, Stacey Abrams, by 5 points, 48 to 43 percent. Pollsters also found that Sen. Raphael Warnock(D) leads Republican challenger Herschel Walker by 3 points, 46 to 43 percent.

In the governor’s race, 7 percent of likely voters said they are undecided, while a statistically insignificant number plan to support a third-party candidate. About 8 percent are undecided in the race between Warnock and Walker, and 3 percent indicated support for Libertarian Chase Oliver. 

The results are in line with previous polls that have shown Kemp and Warnock with leads in their respective races. 

“There’s a long way to go before the general election, but a trend is emerging with recent polls: Kemp is consistently polling ahead of Abrams and Warnock is polling ahead of Walker,” said Trey Hood, a University of Georgia political scientist who conducted the poll, told the newspaper. 

Split-ticket voters may be key to Warnock achieving victory, the Journal-Constitution noted. About 4 percent of Kemp voters said they will vote for Warnock, while 4 percent plan to vote for a third-party candidate. Nine percent backing the incumbent governor said they are undecided for Senate. 

Hood said the undecided voters might end up backing Walker in the end or not voting, but “even a small number of defections and roll-offs could matter in a tight race.” 

Kemp benefited from a significant gender gap, leading among male voters, 57 to 33 percent. Abrams has a 10-point lead among female voters, 51 to 41 percent. 

Walker, meanwhile, holds a 16-point lead among male voters while Warnock has 19-point lead among female voters.

The poll also shows Walker suffering from less-unified support among Republicans and a deficit among independents. 

Kemp has support from 93 percent of Republican voters, while Walker only has 83 percent. Warnock leads Walker among independents by 11 points, while Kemp leads Abrams among independents by 3 points. 

Respondents were closely divided on which party should have control of Congress, with Republicans having an edge, 46 percent to 41 percent. 

The poll results indicated that rising prices and inflation are the top issues of concern to Georgia voters, but abortion and guns are also among the top. 

The survey also showed Republicans in the lead for two other top statewide positions. Republican Burt Jones leads Democrat Charlie Bailey by 5 points in the race for lieutenant governor. 

And Brad Raffensperger, the Republican secretary of state who gained national attention for refusing former President Trump’s attempts for him to overturn Georgia’s 2020 election results, leads his Democratic opponent in the race for his reelection, 46 to 32 percent. 

The poll was conducted among 902 likely voters from July 14 to 22. The margin of error is 3.3 percentage points.

Source: TEST FEED1