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Last-chance hearing: Jan. 6 committee has yet to establish a criminal case against Trump

The eighth and final scheduled hearing of the House Jan. 6 select committee is scheduled for Thursday, and its members reportedly will present a time line of events on that day, particularly the 187 minutes between the end of then-President Trump’s speech on the Ellipse and his call for supporters to leave the Capitol.

It will again replay moments from the horrific to the heroic. What it has not shown thus far, however, is what was promised at the outset: a clear criminal case against Trump.

At the start of the hearings, committee members promised they had the long-sought smoking-gun evidence — new material that would close the circle on Trump. Committee member Rep. Adam Schiff (D-Calif.) indicated he thought there was now “credible evidence” to support a variety of criminal charges. His colleague, Rep. Jamie Raskin (D-Md.), said the committee would show that Trump organized a “coup” on Jan. 6, 2021.

No sooner had the hearings begun when many in the media declared that the criminal case had been conclusively proven — even though most of what was being presented was already generally known.

It often sounded more like a prayer than proof.

Former Nixon counsel John Dean said an indictment would be forthcoming because “I don’t see how the line prosecutors at the Department of Justice can’t take a lot of this evidence and use it. … Trump is in trouble. Trump is in trouble.”

Harvard law professor Laurence Tribe said the question was only what would be charged first, since Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That included an allegedly clear case of attempted murder of former Vice President Pence.

Yet, on the eve of the primetime hearing this week, committee members sound strikingly less prosecutorial. Rep. Elaine Luria (D-Va.) told CNN that “I look at it as a dereliction of duty. He didn’t act. He did not take action to stop the violence.”

It is difficult to make a criminal case over what an official failed to do. Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. There were discussions of appointing Trump attorney Sidney Powell as a special counsel, seizing voting machines or replacing the Justice Department’s leadership. As unnerving as these proposals were, they also were not carried out.

It is the type of evidence used to show mens rea — “guilty mind.” However, crimes generally require both guilty minds and guilty acts. Building a criminal case on the failure to act to stop the violence is a notoriously difficult case to make. It has been raised in various contexts without success even when officials had direct law enforcement duties, as in Seattle with the CHOP zone in the summer of 2020. It is even more difficult when the House committee has blocked any serious investigation into the potentially contributing failure of Congress to take better precautions before the riot, another costly act of omission.

The committee has built a powerful case that no compelling evidence of widespread voter fraud existed in the 2020 presidential election, and that Trump knew (or should have known) he was asserting baseless allegations. White House strategy sessions became increasingly heated between Trump’s two teams of lawyers, including a breathtaking Dec. 18, 2020, meeting when two lawyers seemed close to a physical altercation. Clearly, Trump only heard what he wanted to hear — but that does not prove he knew the election was valid.

The committee has portrayed Trump’s reliance on a private legal team as knowingly dishonest by calling it “Team Crazy.” However, the committee also portrayed Trump as a raving egomaniac who could not accept that he lost the election to Joe Biden.

But, again, it is a difficult criminal case to make, based on a layperson believing one set of lawyers over another. Former prosecutor and former senator Heidi Heitkamp (D-N.D.) said of the hearings that “as a former prosecutor myself, everything that I’ve heard, I think it would be a very tough indictment to get.”

It is not even clear, after seven hearings, what crime we are discussing.

The conspiracy to insurrection claim of the second Trump impeachment has turned into accusations of obstruction of Congress, seditious conspiracy and conspiracy to defraud, or the dereliction of duty suggested by committee members like Rep. Luria.

Attorney General Merrick Garland clearly is looking for evidence of criminal conduct and could seek an indictment. If based on the committee’s evidence, however, it is a criminal case that would be ripe for reversal even if a conviction could be secured from a favorable District of Columbia jury.

Looking objectively at the evidence, the committee never supplied “credible” proof of crimes. That is not to say the evidence is not shocking; indeed, it is like a series of “jump scares” involving Trump and others raising unfounded or unconstitutional courses of conduct.

However, the most damning evidence concerns what Trump failed to do in those 187 minutes. 

Trump has stressed that he told his supporters to go to the Capitol “peacefully” to support Republicans challenging the election. At 1:11 p.m., Trump concluded his speech. Around 2:10 p.m., people surged up the Capitol steps. At 4:17 p.m., Trump made his statement to stop — roughly an hour and a half later.

Many have denounced that delay, and some of us were critical of Trump’s speech as he was giving it or soon after it ended. His was a failure of leadership — but that does not mean it was a violation of the criminal code.

It is the type of evidence that should have been gathered before the second impeachment, to make a case for conviction in the Senate. Instead, House Speaker Nancy Pelosi (D-Calif.) and others opted for a “snap impeachment,” holding a single hearing. Today, they seem to be building the case I recommended in 2021 — just 19 months too late.

Trump still could face charges in Georgia over efforts to force a recount there and pressuring state officials to “find” the needed votes. However, the committee spent much of its time with Georgia witnesses in showing how they were hounded by Trump supporters and publicly mistreated by Trump. That again is outrageous and reckless, but not necessarily criminal. A Georgia case could also bog down on the question of Trump’s intent and knowledge in pushing election fraud claims.

The Jan. 6 committee has made a case against Trump personally and politically. It has not done so criminally. This final scheduled hearing would be an excellent time for that promised case to be finally made.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley.

Source: TEST FEED1

Video appears to show California officers shoot armed man in the back

(KTLA) – The San Bernardino Police Department is asking the public to “withhold their judgment” after security footage circulating online appeared to show officers shooting a man who was running away.

The shooting happened at a San Bernardino, Calif., parking lot around 8:05 p.m. Saturday. The parking lot, police say, is located next to an illegal gambling business.

Police responded after receiving reports of an armed man in the parking lot.

Video shared on social media Monday showed the officers arrive in an unmarked vehicle as it slowly comes to a stop in the parking lot. Robert Marquise Adams, 23, of San Bernardino, who police say was armed with a handgun, approached the unmarked vehicle with the gun in his hand.

When officers got out of the vehicle, Adams immediately turns away and begins to run, the video shows.

A news release from the San Bernardino Police Department alleges that the officers — who were wearing police uniforms, according to the department — tried to give Adams undisclosed verbal commands.

But Adams ran from the officers towards two cars, with his firearm still in his hand. That’s when one of the officers apparently opened fire, striking Adams.

Police did not specify where Adams was hit, but the video appears to show him being struck in the back. They also did not specify how many shots were fired, although online activists allege as many as nine shots were fired.

Adams was taken to the hospital but later died from his injuries. Police said a loaded “Taurus G3C 9mm with a bullet in the chamber” was recovered at the scene.

Activist Shaun King shared the video on his Instagram page, calling the shooting “a brutal execution.”

“Police rolled up in an unmarked car. ⁣With dark tinted windows,” King said in his Instagram post. “Robert had NO IDEA who they were and in an instant police jumped out and murdered him.”

In the news release, Chief Darren Goodman asked the public to withhold judgment until the investigation is complete. Police officials also lambasted the video of police shooting Adams, who is Black, saying it was posted without context or specific details.

Adams’s father told KTLA that his son was armed and “protecting himself” due to violent robberies in the area. He also said police have provided him with little information about his son’s death.

The police department said it is still investigating the shooting and “still gathering facts and evidence” and it plans to release a video with additional footage and details in the near future.

It’s unclear if an outside law enforcement agency will take over the investigation. Anyone with information regarding the investigation is asked to contact Detective Flesher at 909-384-5655.

Source: TEST FEED1

Sesame Place responds to claim that costumed character ignored Black children

LANGHORNE, Pa. (WHTM) – Sesame Place has responded to claims that a performer at the popular Pennsylvania theme park intentionally ignored her two Black girls during a parade.

The mother of the two children shared her complaints on Instagram earlier this week, along with a video showing “Sesame Street” character Rosita high-fiving parade watchers. When Rosita was approached by the two girls in the now-viral clip, the character appeared to wave them away.

“We were on our way out of sesame place and the kids wanted to stop to see the characters,” the girls’ mother wrote in the caption. “THIS DISGUSTING person blatantly told our kids NO then proceeded to hug the little white girl next to us!

“Then when I went to complain about it, they looking at me like I’m crazy,” the mom added.

Sesame Place, a theme park outside Philadelphia designed to mirror the popular kids television show “Sesame Street,” released a statement on Instagram responding to the incident. The park claims the performer did not mean to “ignore the girls and is devastated about the misunderstanding.”

“The performer portraying the Rosita character confirmed that the ‘no’ hand gesture seen several times in the video was not directed at any specific person, rather it was a response to multiple requests from someone in the crowd who asked Rosita to hold their child for a photo which is not permitted,” reads the statement.

The park added that the costumes worn by performers can make it difficult to see below eye-level. Officials at Sesame Place have also spoken with the family to apologize, and have invited them for a special meet-and-greet with the characters, according to the statement.

“For over 40 years Sesame Place has worked to uphold the values of respect, inclusion and belonging, the statement continued. “We are committed to doing a better job making children and families feel special, seen and included when they come to our parks.

Source: TEST FEED1

White House could declare climate emergency as soon as Wednesday: sources

President Biden could declare a climate emergency as soon as Wednesday, two sources familiar with the plans told The Hill on Tuesday. 

One of the sources said that federal agencies are expecting an executive order declaring a climate emergency as soon as tomorrow, but it’s not entirely clear what it will entail.

A second source also said the declaration could come on Wednesday. A third person confirmed that a climate emergency declaration was under consideration by the White House, as first reported by The Washington Post. 

The White House announced Tuesday that Biden will travel on Wednesday to Somerset, Mass. to deliver remarks on tackling climate change.

A White House official declined to directly comment on whether Biden will pursue a climate emergency declaration, saying only that many options are under consideration.

“The President made clear that if the Senate doesn’t act to tackle the climate crisis and strengthen our domestic clean energy industry, he will. We are considering all options and no decision has been made,” the person said in an email.

Updated: 11:08 a.m.

Source: TEST FEED1

Gluten-free cookie dough recalled over possible gluten traces

RALEIGH, N.C. (WNCN) — A company is recalling some of its gluten-free cookie dough because it could have traces of gluten, according to a release.

Sweet Loren’s of New York is recalling “one lot code” of its Sugar Cookie Dough 12oz, according to the FDA.

The recalled cookie dough was “distributed in FL, LA, MA, NY, NJ, SC, NC, OR, UT, IL, TX, GA, CA, CO, WA, IN, PA, MD, DC, TN, AL, MI, OH, DC, KY, AR, AK” in grocery stores, the release stated.

The affected cookie dough has Lot Code AF22 115 and a Best by Date of Dec. 1, 2022.

The Food and Drug Administration (FDA) said the issue was found through in-house product testing, and the “oat flour used was determined to have traces of gluten.”

Anyone who is allergic or severely sensitive to gluten could have a reaction if they eat any of this product, according to a statement.

Officials said that no illnesses have been reported, and no other lots of Sweet Loren’s Sugar Cookie Dough are impacted by the recall.

Anyone who bought the affected cookie dough should return it to the store where it was purchased for a full refund, according to the FDA.

If you have any questions, you can contact the company at 855-496-0532 seven days a week from 9 a.m. to 10 p.m. Eastern Time or email QA@sweetlorens.com.

Source: TEST FEED1

New home construction falls to nine-month low

New U.S. home construction slipped in June to the lowest level since September 2021, underscoring a housing market slowdown.  

Housing starts fell 2 percent last month to a seasonally adjusted annual rate of 1.56 million units, according to Commerce Department data released Tuesday. The decrease was driven by an 8.1 percent decline in single-family housing construction. Residential construction permits for future projects fell 0.6 percent.  

Higher mortgage rates stemming from the Federal Reserve’s interest rate hikes has cooled down demand for houses as first-time homebuyers struggle with sky-high prices. The average 30-year rate was 5.51 percent last week, up from around 3.3 percent at the start of the year, according to Freddie Mac.

While weaker demand could bring down housing prices in the near term, an extended slowdown in construction could send prices soaring, as the U.S. faces a severe shortage of housing supply.

An average home in the U.S. sells for more than $430,000, up 11.2 percent from last year, according to real estate brokerage Redfin. The lack of affordable homes is prompting more Americans to remain in apartments, driving up rents to record levels.

Home builders are warning lawmakers that higher interest rates, supply chain snags and worker shortages make it difficult for them to turn a profit on lower-priced homes. The National Association of Home Builders (NAHB) said Monday that homebuilder confidence declined to its lowest level since May 2020.

“Affordability is the greatest challenge facing the housing market,” NAHB chief economist Robert Dietz said in a statement. “Significant segments of the home buying population are priced out of the market. Policymakers must address supply-side issues to help builders produce more affordable housing.”

Source: TEST FEED1

Navy’s Blue Angels name first woman demonstration pilot

The Navy’s famed Blue Angels demonstration squadron has selected a female fighter jet pilot for the first time in the team’s history 

The Navy on Monday announced Lt. Amanda Lee of Mounds View, Minn., was selected to be a demonstration pilot for the Blue Angels aerobatic team for the upcoming 2023 season. She is one of six new members chosen for the team that was founded more than seven decades ago. 

Hundreds of women from the Navy and Marine Corps have served with the Blue Angels for 55 years but never as a demonstration pilot, according to the Navy.  

Lee was selected to fly the team’s Boeing F/A-18 Super Hornets along with Lt. Cmdr. Thomas Zimmerman, according to a news release. She’s been assigned to Strike Fighter Squadron 106, known as the Gladiators, stationed at Naval Air Station Oceana in Virginia Beach, Va. While Lee has been selected, she will be required to successfully complete a rigorous five-month training program all new members must complete. 

“We had an overwhelming number of applicants from all over the globe this year,” Capt. Brian Kesselring, commanding officer and flight leader of the Blue Angels, said in a statement. 

“We look forward to training new team members, passing on the torch, and watching the incredible things this team will accomplish in 2023.”

The elite flying team serves as ambassadors of U.S. naval aviation and entertains audiences around the country with high-speed air show exhibits. The squadron performs for some 11 million spectators each year during show season, which runs from March through November.

Source: TEST FEED1

Beijing warns Pelosi's Taiwan visit will have 'severe negative impact' on US-China relations

China is calling on House Speaker Nancy Pelosi (D-Calif.) to cancel her scheduled visit to Taiwan next month, promising “strong and resolute measures” agains the Unites States to protect its territorial integrity. 

Chinese Foreign Ministry spokesman Zhao Lijian said at a press conference on Tuesday that China opposes any official interaction between the U.S. and Taiwan, and warned Pelosi’s visit would “seriously violate” the “One China” policy. 

“It will have a severe negative impact on the political foundation of China-US relations, and send a gravely wrong signal to ‘Taiwan independence’ separatist forces,” Lijian said. 

China considers the island of Taiwan to be part of its territory, while the U.S. maintains a policy of strategic ambiguity on Taiwan’s status. The U.S. has committed to helping Taiwan defend itself but has not promised direct engagement in the event of an invasion from China. 

The Financial Times reported on Tuesday that six people familiar with the situation said Pelosi would lead a delegation to Taiwan next month. Pelosi would be the most senior U.S. official to visit Taiwan since former House Speaker Newt Gingrich (R-Ga.) visited the island in 1997, according to the newspaper. 

Politico also cited two sources confirming Pelosi’s plans.

Pelosi’s office did not immediately respond to a request for comment from The Hill.

Lijian said the U.S. must take responsibility for any consequences that result from the trip.

China previously warned Pelosi against visiting Taiwan following reports in April that she was planning a trip in the near future. Pelosi postponed her trip to Asia, which reportedly included a stop in Taiwan, after testing positive for COVID-19 that month.

Source: TEST FEED1

Inaugural DC Power Index Prize to honor Ukrainian ambassador, Capitol Police officer

A powerful New York tradition is making its Washington debut, with the launch of the inaugural D.C. Power Index Prize.

The annual awards ceremony will honor six “trailblazing women” when it’s held Wednesday at Café Milano, ITK can exclusively reveal.

The first recipients of the D.C. Power Index Prize are: Ukraine’s ambassador to the United States, Oksana Markarova; Capitol Police Officer Caroline Edwards, who defended the Capitol during last year’s deadly Jan. 6 riot; Christine Grady, the chief of the Department of Bioethics at the National Institutes of Health and the wife of the government’s top infectious diseases expert, Anthony Fauci; opera star Denyce Graves; entrepreneur and philanthropist Sheila Johnson; and Emmy-nominated “Transparent” actor Melora Hardin.

All of the women being honored, organizers say, “exemplify resilience, foster innovation, exhibit flexibility in times of crisis, and make a social and cultural impact.”

The power-focused prize is the brainchild of famed magazine editor Joanna Coles, Microsoft corporate vice president Teresa Carlson and DeDe Lea, Paramount Global’s executive vice president for global public policy and government affairs.

The event is Washington’s chance to pack its own powerful punch, with a nation’s capital version of the long-running Power 100 lunch in New York that was created by Coles.

“Women from D.C. have been traveling to New York for the last decade for the Power 100 lunch, but there are so many extraordinary women here in Washington, we wanted to broaden the scope of those we honor,” Coles told ITK.

“Washington is where women are running congressional committees, newsrooms, museums, embassies and foundations. We’re breaking stories, creating public policy, interpreting the law and enforcing it,” the former Cosmopolitan editor-in-chief said.

Organizers say they envision the D.C. Power Index Prize, which is being executive produced by Haddad Media, as a yearly soiree. A who’s who of more than 100 women changemakers are expected at the inaugural luncheon, including lawmakers, diplomats, journalists, and business and government officials.

“Every single one of these women has led by example and made an impact on our world,” Coles said in a statement about this year’s honorees.

“They have not only inspired us, but collectively they’ve touched the lives of millions of people in this country and around the globe,” she said.

“We are honored to showcase their accomplishments.”

Source: TEST FEED1

The Abe legacy and the China and North Korea threats

Immediately after Japan’s newly elected prime minister, Shinzo Abe, met with President Barack Obama in February 2013, he delivered a major policy address at an event hosted by the Center for Strategic and International Studies (CSIS). In his talk, which he entitled, “Japan is Back,” Abe laid out his thinking on why he decided to seek Japan’s highest position again in 2012, after having retired from his first stint as prime minister in 2007.   

His thoughts then are worth revisiting because they carried through the eight years of his second premiership and into his last retirement, and they profoundly inform Japanese foreign policy today.

During his five years out of office, Abe said, he reflected deeply on the proper role Japan needs to play in the world. He determined that to meet its international responsibilities, Japan must be “a rules-promoter, a commons’ guardian, and an effective ally and partner to the U.S. and other democracies.” Though he didn’t note it at the time, all three of those declared Japanese foreign policy “tasks” are anathema to the Chinese Communist Party.  

He did cite the major flashpoint in Sino-Japanese relations: the status of the Senkaku Islands.  “History and international law both attest that the islands are Japan’s sovereign territory. After all, for the long period between 1895 and 1971, no challenge was made by anyone against the Japanese sovereignty,” he said. “We simply cannot tolerate any challenge now, or in the future. No nation should underestimate the firmness of our resolve. No one should ever doubt the robustness of the Japan-U.S. alliance.”

The latter point alluded to the fact that the United States security commitment to Japan, under the Treaty of Mutual Cooperation and Security, has been declared by Washington to extend to the Senkakus.

Nevertheless, he made clear, “I have absolutely no intention of climbing up the escalation ladder. … For me, Japan’s relations with China stand out as among the most important. The doors are always open on my side for the Chinese leaders.”   

Unfortunately, Beijing has consistently spurned Japan’s offer of friendship and challenged its claim to the Senkakus by repeated incursions into Japanese waters and airspace. As with its naval and aviation challenges to Taiwan, China’s provocative actions often come perilously close to triggering outright conflict.

Abe mentioned one other Northeast Asian flashpoint: North Korea. “Their nuclear ambition should not be tolerated. Unless they give up on developing a nuclear arsenal, missile technologies, and release all the Japanese citizens they abducted, my government will give them no reward.”

He made clear that he regarded the North Korea missile and nuclear threat as a geopolitical concern that his administration was committed to address: “This is not only a regional matter, but a global one. Japan, on my watch, should work tirelessly with the U.S., South Korea, others and the United Nations to stop them from pursuing those ambitions.”

During the question-and-answer period, CSIS President John Hamre noted that Abe’s Oval Office meeting with Obama had extended considerably beyond the scheduled time, and he asked what they discussed. Abe turned immediately to what was on his mind: “[O]n the issue of North Korea and the launching of missiles and the conducting of nuclear tests, we agreed that we would … resolutely deal with that issue. For example, we would jointly pursue a Chapter VII Resolution in the U.N. Security Council. We also talked about how we could strengthen our … financial sanctions being applied to North Korea.”

I was called on next and followed up on his Chapter VII proposal by asking for Abe’s “expectation on China’s role” in the matter — and more broadly, his view on “whether China has played an enabling role with North Korea’s missile and nuclear program.” He responded that “China is the country with the biggest amount of influence over North Korea. And I think in implementing sanctions … we need the cooperation of China, and also in our efforts to adopt a Chapter VII sanctions resolution in the U.N. Security Council. Since China is a permanent member of the Security Council, we need cooperation from them as well.”

He went on to mention the missile launches and nuclear tests Pyongyang recently had conducted.  He noted that their range had increased, and the size of nuclear warheads had been reduced to the point that “they have obtained the ability to reach even mainland United States. … And this is … I think … the reason why the United States is pressuring China to exert more influence over North Korea. And I think the important thing is for the entire international community to work on China towards that end.”

Over the next few years of Abe’s term, the Security Council did adopt six more resolutions on top of the three put in place earlier. But, as in the past, China found ways to evade enforcing the sanctions for which it had ended up voting after obstructing and delaying the Council’s action.

One U.S. administration after another accepted Beijing’s representations that it firmly opposed North Korea’s nuclear and missile programs and was doing all it could to support the international effort to contain Pyongyang’s nuclear ambitions. Henry Kissinger led the charge in defending China’s role. 

In return for China’s “cooperation” on North Korea and its purported role as a “responsible international stakeholder,” it was given a pass on its trade violations, its commercial theft and cheating, its human rights depredations, and its military threats against Japan and Taiwan.

Even after he left office for the second time in 2020, Abe kept sounding the alarm on the China threat, the need to deepen and broaden security cooperation with the U.S., and the critical role of Taiwan in the security of Japan and the region.

His death is a great loss for Japan, the United States, and the world, and a boon to the aggressive dictatorships in Beijing and Pyongyang. Given the relentless propaganda against the United States and Japan spewing from those capitals, and Chinese leader Xi Jinping’s open contempt for Abe, it is no wonder there was cheering among many Chinese who had been fed the Communist Party’s line for their entire lives. It evoked the celebrations seen in some Chinese cities on Sept. 11, 2001.  

The government Abe led and the people he served surely recognize the massive contribution he made to Japan and the world, and will ensure that his legacy of collective security and protection of democracy will continue.

Joseph Bosco served as China country director for the secretary of Defense from 2005 to 2006 and as Asia-Pacific director of humanitarian assistance and disaster relief from 2009 to 2010. He served in the Pentagon when Vladimir Putin invaded Georgia and was involved in Department of Defense discussions about the U.S. response. Follow him on Twitter @BoscoJosephA.

Source: TEST FEED1