Connect with us

Politics

Judge refuses to ban Capitol riot suspect from Twitter and Facebook

Published

on

Judge refuses to ban Capitol riot suspect from Twitter and Facebook

At a hearing on Tuesday afternoon on Sullivan’s release conditions, Washington-based Magistrate Judge Robin Meriweather split the difference between prosecutors seeking to eliminate Sullivan’s presence on the United States’ most popular social media platforms and a defense lawyer who decried what he said was an assault on his client’s constitutional rights.

“I am rejecting the broader prohibition on Twitter and Facebook and encrypted social media platforms,” Meriweather said, also ordering that Sullivan be taken off of 24-hour location monitoring via GPS.

However, the judge said Sullivan “is to no longer work for Insurgence USA,” will have his internet use monitored by probation officials, and will be banned from using any social media platforms to incite riots, violent protests, armed conflict or violence. He’s also under home detention.

Sullivan has become one of the more prominent individuals charged in the Capitol riot because of interviews he did with news outlets like CNN and a vigorous debate about whether he’s an Antifa provocateur. Figures such as former President Donald Trump’s ex-lawyer Rudy Giuliani have pointed to Sullivan as evidence that leftists were part of the mob that stormed the Capitol. Liberal activists have denounced those claims as disinformation.

Sullivan’s politics remain murky. He has described himself as an opponent of Trump and a backer of Black Lives Matter. However, BLM activists in Utah have disowned him, saying he seemed intent on provoking violence at protests. They’ve also noted that Sullivan often seems to work in tandem with his brother, James, who spoke at a right-wing, Proud Boys event.

Defense attorney Steven Kiersh denounced the prosecution’s initial proposal as wildly excessive and insensitive to the role that Facebook and Twitter play in the lives of many young people.

“The social media limits are incredibly oppressive, incredibly overbroad and serve no purpose other than to basically oppress Mr. Sullivan,” Kiersh said. “Mr. Sullivan is very involved in exchanging of ideas amongst his peers, and this is how he does it.”

But Assistant U.S. Attorney Candice Wong also skewered Kiersh’s suggestion that John Sullivan is using Twitter and Facebook the way others his age do. “The defendant’s social media presence … does not read like a typical 20-something’s social media presence,” she said. “It’s not about the weather. It’s not about communicating with friends.”

Kiersh insisted that there was “no connection” between Insurgence USA and the crimes Sullivan is accused of, notwithstanding the sales of the video footage of the Capitol riot to major news outlets.

However, Wong maintained that Sullivan’s social media presence was integral to his activities on Jan. 6 and earlier violent protests he was involved in.

“Insurgence USA is absolutely the instrumentality through which Mr. Sullivan committed the relevant acts,” she said. “It is Mr. Sullivan’s reason for being there and for his criminal participation in the riot.”

At one point during the hearing, Meriweather questioned whether Sullivan’s videos are urging protest or rioting. “There is a distinction,” she said.

Wong said Sullivan’s videos unambiguously urge violence and attacks on police. She said he serves as “a sort of expert resource for rioters.”

“Under the guise of journalism …. he is engaged in and incited violent activity, including the kind of destructive society we saw on Jan. 6,” the prosecutor said. She said that Twitter and Facebook sought to block some of Sullivan’s accounts, but that he has a variety of handles that cross-promote one another.

Wong also noted that the request to ban Sullivan from Twitter and Facebook was actually narrower than the conditions a magistrate in Utah imposed on Sullivan, banning him from use of 13 different sites or platforms. She also mentioned that Sullivan’s former counsel agreed to that.

“I cannot account for why the lawyers representing Mr. Sullivan in Utah agreed to these conditions,” Kiersh said.

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Your All-Purpose Wonk’s Guide to Why D.C. Statehood Is So Hard

Published

on

By

D.C. Guy going into the cavern

But as the New York Times reported Thursday, the Biden White House is now looking at S. 51 much as a parent, working to put a holiday toy together, who discovers that there are missing nuts, screws that don’t fit the holes and pieces of the gift that simply do no align with each other.

If you want to know why statehood for the District of Columbia isn’t going to happen anytime soon, think of an old children’s board game called “Chutes and Ladders”—except the board is only chutes. Because of its peculiar status, turning D.C. into a state is technically much harder than admitting the previous 37—and each problem solved presents a new obstacle, either legal or political.

What do those obstacles look like? To understand, follow me down the path to a brick wall.

The federal district was established in 1790 in accordance with the constitutional imperative that the seat of the federal government be under the control of the Congress, rather than any other entity. (It’s right there in Article I, Section 8.) The reason, as James Madison explained in Federalist 43, was that the federal government had to be independent of any one state’s supervision. The district—to be no more than 10 square miles—was situated on its spot on the Potomac River as a compromise between Thomas Jefferson and Alexander Hamilton, with George Washington himself surveying the territory.

Over the years, D.C. has been given dollops of political power in the form of its own mayor and City Council. Most significantly, in 1961, the ratification of the 23rd Amendment granted the district votes in the Electoral College, equal to the number accorded the least populous state. But the idea of simply turning the District of Columbia into a state by statute, the way every other new state joined, has often been seen as a constitutional impossibility. Attorneys general ranging ideologically from Robert F. Kennedy to Ed Meese have weighed in on the same side of this argument: Because the federal district was created by the Constitution, only an amendment to the Constitution could turn it into a state; and only an amendment could grant D.C. votes in the House and Senate. (That latter idea was proposed in 1978 but fell short of state ratification.)

“Aha!” proponents said. “We’ve figured out how to remove this obstacle.” The idea, which seems to have emerged around 1980, was to create a new “federal enclave” by carving out a tiny portion of the city—Capitol Hill, the Supreme Court, the National Mall, the White House—to remain as the constitutional capital. There have long been arguments to make the federal district smaller, dating as far back as 1803, through “retrocession,” the returning of parts of Washington to Virginia (which happened in 1847) and to Maryland (which Sen. Mitt Romney is currently proposing as an alternative to statehood). But rather than be absorbed by a neighboring state, the rest of D.C., the residential and commercial swaths of a big and vibrant city, would become a new state, renamed “Washington, Douglass Commonwealth,” keeping its acronym but replacing the name of a European explorer with that of a famed abolitionist whose house still sits within the city limits.

That’s what the House of Representative approved on a party-line vote last month.

As this nifty solution was moving through the House, a number of people began to notice a pesky complication. The 23rd Amendment says “the district constituting the seat of government of the United States shall appoint” presidential electors in a manner requiring ultimate congressional approval. Under the statehood bill just passed, the new city of “Washington, Douglass Commonwealth” would get three electors, just like the other low-population states—but according to the 23rd Amendment, that tiny strip of land designated as the new “federal district” would also have three electoral votes. And depending on how specifically the lines of this remnant are drawn, it’s possible that the only residents of that zone would be the First Family. By tradition, the presidential family votes back home, so these electors would either be chosen personally by the president, or perhaps the homeless people claiming this zone as their residence, or perhaps by opportunistic partisans camping on the mall simply to pull the electors one way or the other.

Depending how the lines were drawn, it’s possible that a few current Washingtonians would find themselves living in this new district, in which case three electors would be chosen by the residents of a handful of apartment buildings. But the essential point is that these electoral votes would be cast by more or less nobody. It would turn the federal district into a modern-day equivalent of the old “rotten boroughs” of British Parliamentary infamy, with so few voters that the seat was effectively filled at the pleasure of the local lord.

For Democrats who have long fumed at the way the Constitution gives outsize power to smaller states, this would be the ultimate irony: They’d be creating the single most outrageous case in the country. It’s one thing to point out that Wyoming has one elector for every 150,000 voters, while California has one for every 540,000. But the idea that three people, or 20, or a few hundred, would control three electoral votes is absurd.

It also raises one of the many political friction points around D.C. statehood. Small-state Republicans already hate the idea of giving any electoral power to such a Democratic-leaning city. Would you like to be, say, Montana Sen. Jon Tester, facing a difficult reelection, defending a vote that would grant a new state of Washington, Douglas Commonwealth, plus the new sliver of a federal district a total of six electoral votes—twice the number of his own state?

“No problem!” say proponents like Eleanor Holmes Norton, who serves as D.C.’s nonvoting representative in the House. All you need to do is repeal the 23rd Amendment; state legislatures will be eager to eliminate those three (likely Democratic) electoral votes. A provision in the statehood bill includes “fast-tracking” repeal.

Let’s come back to planet Earth. Is it likely that three-fourths of the state legislatures—more than half of which are controlled by Republicans—would be eager to ease the way to statehood for the District of Columbia, with its virtually automatic two new Democratic senators? Or would Republicans be more likely to point to the 23rd Amendment as a powerful case against moving forward on the House-passed bill? (It’s a lot better argument than the spurious notions that D.C. can’t be a state because it doesn’t have farms or factories.)

As for the ideas floating around the White House—automatically delivering the new seat of government’s three votes to the national popular vote winner, or to the Electoral College winner—the courts might have something to say about constitutionally stripping even a handful of voters of the power to direct their electoral votes to the candidate of their choice.

Indeed, when I asked one strong advocates of statehood if there were serious constitutional roadblocks, he said, “Yes—but don’t tell anybody!”

It’s too late for that, of course. People know. And what it looks like is that any “solution” to D.C. statehood, like other progressive wishes (passing voting rights by killing the filibuster) requires the same kind of solution that economists use to fix a leak: “First, assume a wrench.”

Continue Reading

Politics

‘I have reassessed’: Former Pentagon official now says Trump may not have incited riot

Published

on

By

‘I have reassessed’: Former Pentagon official now says Trump may not have incited riot

Miller echoed the same message.

“I had all the authority I needed, and I knew what had to happen,” the former defense official said, adding that Trump had given him that authority in the days before the riot.

“I think that the lack of direct communication from President Trump speaks volumes,” Maloney said.

Sparks flew between Democrats on the panel and the Trump appointees as lawmakers accused Miller of changing his account to sound more favorable to Trump and faulted Rosen for refusing to discuss his conversations with the president, as well as for dramatic events at the Justice Department in the days leading up to the riot.

While Miller said in a media interview and in his prepared statement for Wednesday’s hearing that Trump encouraged the protesters on Jan. 6, he took a different tack in his live testimony.

“I think now I would say that is not the unitary factor at all…I have reassessed,” Miller said. “It seems clear there was an organized assault element in place that was going to assault regardless of what the president said.”

Miller also went further than Rosen, seemingly defending Trump by insisting that the former president fulfilled his constitutional duties in connection with the storming of the Capitol, which took place as Congress was scheduled to certify the electoral vote.

When asked to assess whether heated political rhetoric was to blame for the riot, Miller painted in very broad strokes and didn’t point a finger at Trump. “I think the entire entertainment, media, political complex is culpable in creating this environment that is just intolerable and needs to change,” the former defense chief said.

When Rep. Stephen Lynch (D-Mass.) said Miller had reversed himself, Miller replied: “Absolutely not. That’s ridiculous.”

“You’re ridiculous,” Lynch shot back.

“Thank you for your thoughts,” Miller responded.

Rep. Ro Khanna (D-Calif.) also lambasted Miller over his claims that he is proud of “every decision” he made on Jan. 6.

“I have never been more offended on this committee by a witness statement than yours. You were more concerned about defending your own reputation and justifying your own actions than the sanctity of this Capitol and the sanctity of our democracy,” Khanna said.

When Miller began his answer by praising the service of the troops at the Capitol, Khanna cut him off: “Your pugnacious style is not going to override the democratic process. Learn to respect it.”

Rep. Mike Quigley (D-Ill.) seemed angry about Miller‘s stance.

“It’s almost like the military saying, ‘Sure, we lost the battle, but we carried out our plan perfectly,’“ Quigley said. “I had colleagues saying, when does the f-ing cavalry get here? You lost and you don’t have the intestinal fortitude to own up to your part of the responsibility.“

Rep. Debbie Wasserman Schultz (D-Fla.) suggested Miller was shifting his position to curry favor with Trump. “Maybe the wrath of Donald Trump came down upon you,” she said. “That is disgusting.“

Rosen, who has been publicly silent since Jan. 6 except for a couple of written statements and a prerecorded Justice Department video released a week after the riot, said Justice officials he did not name had instructed him not to speak about his conversations with Trump.

“I cannot tell you, consistent with my obligations today, about private conversations with the president one way or another,” Rosen said in response to a question from Rep. Gerry Connolly (D-Va.) about whether Trump had pressed him to take action on election fraud claims.

“We had an unprecedented insurrection that led to seven deaths. Five here and two suicides, and you are saying this is a privileged communication?” Connolly replied. “I think the American people are entitled to answer, Mr. Rosen.”

Rosen suggested he might relay his conversations with Trump if he had permission to do so. A Justice Department spokesperson had no immediate comment on what instructions the agency gave to Rosen, who was deputy attorney general in the last two years of the Trump administration and became acting head of the department when Attorney General Bill Barr resigned on Dec. 24, 2020.

Rep. Cori Bush (D-Mo.) pressed Rosen on whether Black protesters would’ve been treated similarly by law enforcement as the predominantly white crowd that stormed the Capitol on Jan. 6

“I think our preparation and our responses would’ve been the same,” Rosen said.

“I’m going to have to disagree with you,” declared Bush, who was a Black Lives Matter organizer before winning election to the House last year. “The contrast is stark.”

The lawmakers who led off questioning for Republicans at the hearing seemed intent on minimizing the gravity of the events at the Capitol. Rep. Paul Gosar (R-Ariz.) argued that the shooting of protester Ashli Babbitt as she sought to breach a lobby outside the House chamber was unwarranted.

“Who executed Ashli Babbitt?” Gosar asked. “The truth is being censored and covered up. As a result, the DOJ is harassing peaceful patriots across the country.”

Gosar argued that the massive Justice Department effort to prosecute those who breached the Capitol and fought with police amounted to overkill aimed at persecuting “Trump voters.”

“The FBI is fishing through the homes of veterans and citizens with no criminal record and restricting the liberties of individuals that have never been accused of a crime,” Gosar said. “The government even enlisted Americans to turn in their own neighbors.”

Gosar also suggested that none of the protesters who entered the Capitol had a weapon. Prosecutors have claimed that firearms were brought into the Capitol, but they have not said that guns were actually seized in the building.

Video of the riot shows some who battled with police wore trademark Trump campaign Make America Great Again caps and waved huge pro-Trump flags. However, Rep. Ralph Norman (R-S.C.) disputed press reports that those who sought to breach the Capitol were backers of Trump.

“I don’t know who did the poll to say they were Trump supporters,” Norman said.

Several Democrats tried to rebut the Republican stance by citing then-Senate Majority Leader Mitch McConnell’s pointed rebuke of Trump in January for fueling the attack on the Capitol.

Rep. Jamie Raskin (D-Md.) said Trump’s culpability for the assault was indisputable.

“He pointed them like a loaded pistol at the capitol. Now, we’re getting this outrageous Orwellian revisionist history,” Raskin said.

Despite the sharp criticism Miller took from Democrats, he did seem to break with Republicans seeking to minimize the events of Jan. 6. “I agree it was an act of terrorism,” he said.

Lara Seligman contributed to this report.

Continue Reading

Politics

Dozens killed in Mideast conflict that recalls 2014 Gaza war

Published

on

By

Dozens killed in Mideast conflict that recalls 2014 Gaza war

Palls of gray smoke rose in Gaza, as Israeli airstrikes struck apartment towers and blasted multiple Hamas security installations. In Israel, hundreds of rockets fired by Gaza’s Hamas rulers and other militants at times overwhelmed missile defenses and sent air-raid sirens and explosions echoing across Tel Aviv, Israel’s biggest metropolitan area, and other cities.

The death toll in Gaza rose to 53 Palestinians, including 14 children and three women, according to the Health Ministry. At least 320 have been wounded, including 86 children and 39 women. Seven have been killed on the Israeli side by rocket fire, including the first death of an Israeli soldier in this round of conflict. The other deaths have been civilians, including three women and two children, one of them a 6-year-old killed in a rocket strike on an apartment building in city of Sderot. Dozens in Israel have been wounded.

There was no sign that either side is willing to back down. Prime Minister Benjamin Netanyahu has vowed to expand the offensive, saying it “will take time.” Hamas has called for a full-scale intifada, or uprising. The last such uprising began in 2000 and lasted more than five years.

The latest eruption of violence began a month ago in Jerusalem, where heavy-handed police tactics during the Muslim holy month of Ramadan and the threatened eviction of dozens of Palestinian families by Jewish settlers ignited protests and clashes with police. A focal point was the Al-Aqsa Mosque compound, a site sacred to Jews and Muslims.

Hamas, claiming to be defending Jerusalem, launched a barrage of rockets at the city late Monday, escalating the ground tensions into a new Israel-Hamas punching match.

Since then, militants have fired more 1,050 rockets from Gaza, according to the Israeli military, and Israel has conducted hundreds of strikes in the tiny territory where 2 million Palestinians have lived under a crippling Israeli-Egyptian blockade since Hamas took power in 2007. Two infantry brigades were sent to the area, indicating preparations for a possible ground invasion.

On Wednesday, Israel stepped up its targeting of Hamas’ military wing. The military and internal security agency said they carried out a “complex and first-of-its-kind operation” that killed the Hamas commander in charge of Gaza City, the highest-ranking Hamas military figure killed by Israel since 2014, and several other senior militants involved in rocket production.

Israel has struck 350 targets and killed at least 30 militants since Monday night, 14 of them on Wednesday, Israeli military spokesman Lt. Col. Jonathan Conricus said.

In one of the fiercest attacks, Israeli fighter jets dropped two bombs on a 14-story building in Gaza City, collapsing it. The building, located on the busiest shopping street in the Roman neighborhood, housed businesses in addition to offices for Hamas’ Al-Aqsa satellite channel.

Airstrikes also brought down a 12-story office building that housed Hamas offices as well as other businesses, and heavily damaged a nine-story building with residential apartments, medical companies, a dental clinic and, Israel said, Hamas intelligence offices. In both cases, Israel fired warning shots, allowing people to flee.

Soon after, Hamas fired 100 rockets at the Israeli desert town of Beersheba in what it said was retaliation.

Samah Haboub, a mother of four in Gaza, said she was thrown across her bedroom in a “moment of horror” by an airstrike on an apartment tower next door. She and her children, ages 3 to 14, ran down the stairway of their apartment block along with other residents, many of them screaming and crying.

“There is almost no safe place in Gaza,” she said.

One strike hit a taxi in Gaza City, killing a man, woman and driver insider, and a second strike killed two men nearby on the street, witnesses who brought the bodies told The Associated Press at the hospital. Several other bystanders were wounded.

In the Israeli city of Lod, a 52-year-old Arab Israeli citizen and his 16-year-old daughter were killed when a rocket from Gaza hit the courtyard of their home. An Israeli soldier was killed in a strike by an anti-tank missile from Gaza.

The Jerusalem turmoil and the ensuing battle come at a time when the long-stalled Israeli-Palestinian peace process is virtually non-existent, fueling Palestinian frustration.

It has been seven years since the two sides held formal negotiations. Israel’s political scene pays little attention, and the peace process was hardly an issue in the country’s recent elections. Arab nations, including several that recently reached normalization deals with Israel, rarely push for any resolution.

The result has left the nearly 5 million Palestinians in the West Bank, Gaza Strip and east Jerusalem living in a limbo.

Now the recent fighting has unleashed protests in Arab communities in Israel.

“An intifada erupted in Lod, you have to bring in the army,” the central Israeli city’s mayor, Yair Revivo, said. Lod saw heavy clashes after thousands of mourners joined a funeral for an Arab man killed the previous night, the suspect a Jewish gunman.

With the deployment of border guards in Lod and the coastal city of Acre, Netanyahu warned that he was prepared to use “an iron fist if necessary,” and urged Arab Israeli leaders to bring calm.

Still unclear is how this new outburst of fighting will effect Netanyahu’s political future. He failed to form a government coalition after inconclusive parliamentary elections in March, and now his political rivals have three weeks to try to form one.

The longer the fighting drags on, the more it could hamper their attempts at a coalition. It could also boost Netanyahu if yet another election is held, since security is his strong suit with the public.

Israel and Hamas have fought three wars since the Islamic militant group seized power in Gaza from rival Palestinian forces. The conflicts ended after regional and international powers persuaded both sides to accept an informal truce.

Israel faced heavy criticism over the bombing of residential buildings in Gaza during the 2014 war, one of several tactics that are now the subject of an investigation by the International Criminal Court into possible war crimes. Israel is not a member of the court and has rejected the probe.

In a brief statement, ICC prosecutor Fatou Bensouda said she had noted “with great concern” the escalation of violence and “the possible commission of crimes under the Rome Statute” that established the court.

Conricus, the military spokesman, said Israeli forces have strict rules of engagement, follow international laws on armed conflict and are trying to minimize civilian casualties.

But Israel has said it has no choice because Hamas fires rockets from residential areas. Hamas has also come under international criticism over its indiscriminate rocket fire at Israeli population centers.

Continue Reading

Trending