NEW YORK, Feb 14 (Reuters) – The accounting firm that handled Donald Trump’s company’s financial statements dropped it as a client and said it could no longer stand behind a decade of statements, a court filing showed on Monday.
Mazars USA, in a Feb. 9 letter made public on Monday, told the Trump Organization, the former president’s New York-based real estate business, that its financial statements for 2011 through 2020 should no longer be relied on.
The disclosure was made as part of New York Attorney General Letitia James’ civil investigation into the Trump Organization, which could result in financial penalties. That probe partially overlaps a criminal investigation by the Manhattan District Attorney, which James joined in May, into the company’s practices.
Mazars said it had based its conclusion on a January filing by the New York attorney general, its own investigation and information from internal and external sources.
“While we have not concluded that the various financial statements, as a whole, contain material discrepancies, based upon the totality of the circumstances we believe our advice to you to no longer rely upon those financial statements is appropriate,” Mazars said in the letter addressed to the chief legal officer at the Trump Organization, Alan Garten.
In the letter, filed in New York state court, Mazars said that it had “performed its work in accordance with professional standards.”
The accounting firm also said it would no longer work for the Trump Organization.
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A woman walks past 40 Wall Street, also known as the Trump Building, in the Manhattan borough of New York City, New York, U.S., January 19, 2022. REUTERS/Brendan McDermid
New York state’s attorney general has accused the Trump Organization of repeatedly misrepresenting the value of its assets to obtain financial benefits.
A Trump Organization spokesperson said in a statement the company is “disappointed that Mazars has chosen to part ways.” But the spokesperson added the letter confirms that “Mazars’ work was performed in accordance with all applicable accounting standards and principles” and that the statements of financial condition “do not contain any material discrepancies.”
The New York attorney general filed the Mazars letter in support of its efforts to compel the production of outstanding documents from Trump and his company as well as testimony by him and two of his adult children, Donald Trump Jr. And Ivanka Trump.
In a memorandum also filed on Monday, the attorney general noted media reports that Trump had destroyed documents covered by the Presidential Records Act and wants him to supply a sworn statement on whether the files produced for her probe are complete and how they may have been destroyed and by whom.
Trump has decried the probe as political.
In Monday’s filing, James’ office said the accounting firm’s statement and actions further supported the legitimacy of the investigation.
James has been investigating whether the Trumps inflated real estate values to obtain bank loans, and reduced values to lower tax bills. In one example, she said Trump’s annual financial statements said an apartment he personally owned in Trump Tower was 30,000 square feet(2,787 square meters), when it was in fact a third that size.
Neither Trump nor his children have been accused of criminal wrongdoing.
Ukrainian President Volodymyr Zelenskyy, right, speaks to German Chancellor Olaf Scholz during their meeting at The Mariinskyi Palace in Kyiv, Ukraine, on Monday. Scholz visited Ukraine as part of a flurry of Western diplomacy aimed at heading off a feared Russian invasion that some warn could be just days away.
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Ukrainian President Volodymyr Zelenskyy, right, speaks to German Chancellor Olaf Scholz during their meeting at The Mariinskyi Palace in Kyiv, Ukraine, on Monday. Scholz visited Ukraine as part of a flurry of Western diplomacy aimed at heading off a feared Russian invasion that some warn could be just days away.
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German Chancellor Olaf Scholz met with Ukraine’s President Volodymyr Zelenskyy in Kyiv on Monday, pledging solidarity with that country amid fears of a Russian invasion.
Speaking at a news conference with his counterpart, Scholz said Ukraine’s sovereignty is non-negotiable, adding that he expects Russia to take clear steps to deescalate tensions.
Scholz also issued a threat of “far-reaching sanctions” if Moscow sends troops over the border. However, he didn’t provide specific details on what those might be.
But the German leader has refused Ukraine’s repeated pleas to send military aid and weapons as the United States and Britain have done, saying Germany has a longstanding policy of not sending that type of help to conflict zones.
Instead, Scholz stressed Germany’s role as the largest source of financial aid to Ukraine, making a new pledge to extend 150 million euros to Kyiv.
Ukraine responds to reports of an imminent attack
After the meeting, Zelenskyy said the two nations “share the common vision that the escalation on the Ukrainian-Russian border is an unprecedented challenge for Europe and the world.”
And in a news conference alongside Scholz, Zelenskyy suggested the possibility of dropping Ukraine’s goal of NATO membership — an issue at the heart of the conflict with Russia. It is a major reversal for Zelenskyy, who as recently as Sunday said he would continue to pursue joining the international alliance, regardless of Russian threats and skepticism among western countries.
“Maybe the question of open doors is for us like a dream,” Zelenskyy said on Monday.
He added: “How much should Ukraine go on that path? … Who will support us?”
Zelenskyy also responded to U.S. reports that Russia could be planning to launch an attack on Wednesday, according to the BBC.
“We are being threatened with a big war and the date of the military invasion is set again,” he said in a statement, according to the BBC.
The leader praised the strength of his own country and proclaimed “our state today is stronger than ever.”
“We want peace and we want to resolve all issues exclusively through negotiations,” Zelenskyy reportedly said, predicting that the violence in Donbas and Crimea would soon end. Both regions, he said, would return to Ukrainian control through diplomatic means.
Wednesday would not be a day of war but rather a day of unity, he added.
Russian leaders say there’s no intent to invade
Meanwhile, Russia denies plans to invade its neighbor, despite massing 100,000 soldiers on Ukraine’s borders and another 30,000 soldiers near the Belarus-Ukraine border. The explanation it has offered the world is that it is merely conducting military exercises.
The Kremlin last week said its forces along the Belarus border would eventually return back to home bases in Russia but officials did not provide a timeframe for the withdrawal.
The White House says the operation is yet another escalation of tensions along the Ukraine border.
U.S. President Joe Biden and other Western leaders, including European Commission President Ursula Von der Leyen, have warned Russia that if it sends its forces into Ukraine, as it did in 2014, they will prevent the Nord Stream 2 gas pipeline from coming online. That pipeline would transport gas from Russia to Germany — Europe’s longtime economic engine.
Scholz is planning on flying to Moscow to meet with Russian President Vladimir Putin on Tuesday.
The leader’s attempts to diffuse tensions and find a peaceful resolution, comes as several nations, including Germany, Australia, Israel, Japan and South Korea, are telling their citizens to evacuate from Ukraine.
On Monday, the U.S. State Department announced it is in the process of temporarily relocating its embassy operations from Kyiv to Lviv “due to the dramatic acceleration in the buildup of Russian forces.”
“The Embassy will remain engaged with the Ukrainian government, coordinating diplomatic engagement in Ukraine. We are also continuing our intensive diplomatic efforts to deescalate the crisis,” officials said in a statement.
Following a call with Zelenskyy on Sunday, the White House issued a statement saying “President Biden made clear that the United States would respond swiftly and decisively, together with its Allies and partners, to any further Russian aggression against Ukraine.”
Sean Hannity reacts to Special Counsel John Durham’s findings alleging lawyers from Clinton campaign paid to penetrate Trump’s servers.
Sean Hannity crushed Hillary Clinton amid the findings from the Durham probe alleging lawyers from her campaign paid to have Trump‘s servers penetrated, calling it “the biggest election and presidential spying scandal in the history” of the United States Monday.
“We now know that the Clinton campaign paid a tech firm to infiltrate the servers at Trump Tower and then later infiltrate the servers at the Trump White House, in other words, illegally spying on a presidential candidate. And later, a president … [The goal [was to] fabricate evidence that President Trump was a Russian asset,” Hannity said. “This is far worse than Watergate.”
Former President Donald Trump at Trump Tower in New York City ((Photo by DOMINICK REUTER / AFP) (Photo by DOMINICK REUTER/AFP via Getty Images))
The Watergate scandal involved Nixon campaign associates who broke into DNC headquarters at the Washington, D.C., Watergate office building where they stole campaign documents.
“Now, of course, the business was conducted a little differently in 1972 versus 2016, when this all went down. In the age of the internet, you don’t need to break into a building to steal your opponent’s information. You just need access to their server. And that is exactly what the Clinton campaign did,” Hannity said.
Richard Nixon (1913 – 1994) gives the thumbs up after his resignation as 37th President of the United States at the White House, Washington D.C. (Gene Forte/Consolidated News Pictures/Getty Images)
“But here’s where this is even worse than Watergate. Not only did they hack into the opposing campaign and steal material like in the case of Watergate, but then they hacked into the office of the president of this great country, according to Durham’s blockbuster filing,” the “Hannity” host said.
“This is something maybe we would expect from Russia, China, Iran, North Korea. Not an American political campaign. And clearly, the Clinton machine was willing to do anything and everything legal and illegal to win an election.”
Hannity went on to blast the media for largely ignoring the Durham probe findings.
“Where’s Bob Woodward? Where’s Bernstein? Carl Bernstein? Remember they once cared about journalism through their top-secret source Deep Throat. They broke the Watergate story wide open. Now they are nowhere to be found,” Hannity said. “For them, politics is much more important.”
(Original Caption) Bob Woodward (left) and Carl Bernstein, Washington Post staff writers who have been investigating the Watergate case, at their desk in the Post.
Hannity offered a motive for the mainstream media turning a blind eye to the scandal.
‘Now, the reason the media will ignore this story that is bigger than Watergate is because they are accomplices. The entire time they have lied, the entire time they advanced their propaganda almost 24 hours a day, seven days a week, and they did it for over three years. They knew … but their hatred of Donald Trump was more important than the truth.”
Thousands of mail ballots are being rejected ahead of the upcoming Texas state primary.
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Thousands of mail ballots are being rejected ahead of the upcoming Texas state primary.
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Weeks ahead of the state’s March 1 primary, local election officials in Texas are sending mail-in ballots back to thousands of voters who’d turned them in, citing issues with ID requirements created by the state’s controversial new voting law.
In Harris County — Texas’ largest county, which is home to Houston — election officials said they’d received 6,548 mail-in ballots as of Saturday and had returned almost 2,500 — nearly 38% — for correction because of an incorrect ID.
That’s a far higher rejection rate than is typical.
Isabel Longoria, the Harris County elections administrator, says it’s a serious problem.
“Mail ballots are people’s votes,” Longoria says. “So, I am very concerned — not just with the complexity of the process, but how that added complexity is going to increase the number of mail ballots that we have to reject.”
Voting for the March 1 primary that is currently underway in Texas is the first big election held in the state since Senate Bill 1, a GOP-backed law that introduced sweeping changes to the Texas election code, went into effect.
Why mail ballots are being rejected
Across the country, several states have cracked down on their vote-by-mail programs following the 2020 election. Texas, however, already had one of the most limited programs. Only voters who are over 65, disabled, out of town or in jail are able to cast a mail-in ballot in Texas.
Despite warnings from groups representing older voters and voters with disabilities, state lawmakers included new restrictions for vote by mail in the law.
SB 1 requires that the ID voters use when they vote by mail — whether it’s a driver’s license number or partial Social Security number — matches what’s on their voter registration record. This new rule applies to both the application to vote by mail as well as the return envelope voters use to send their ballot back to election officials.
Chris Davis, the elections administrator in Williamson County north of Austin, says he and many other local officials were nervous this problem would be even bigger as voters returned their ballots.
“All of us county election officials are unfortunately anticipating a higher number of mail ballot rejections,” he says. “And the window to fix that is much, much narrower.”
How ballot issues can be fixed
James Slattery, a senior staff attorney with the Texas Civil Rights Project, says election officials and voters face a big time crunch when it comes to sorting out any ID issues that arise with a returned vote-by-mail ballot.
“Basically if there is a problem with your ID number on a vote-by-mail ballot return envelope, the process depends on when the problem is identified,” he says.
If the problem is caught very early, election officials can send the ballot back to be fixed and then the voter can mail it back again. However, Slattery says a lot of issues with vote-by-mail ballots are identified late in the game. That’s because sometimes it takes a while for the ballot to get mailed to the voter. People also like to take their time with their ballot, he says, so they return it pretty close to the deadline.
Slattery says that’s why it’s more likely that election officials will have to resort to another process.
“The county may — but is not required to — contact the voter and say, ‘You can either cancel your mail ballot and vote in person, or come to the clerk’s office in person within six days of the election to fix the problem,’ ” he says. “That is a very convoluted process … that obviously is not helpful for people who are not in Texas.”
State election officials say there are steps voters can take to prevent these issues.
Sam Taylor, assistant secretary of state for communications, says a Texas voter who is already registered can update their registration online — even after the registration deadline — on a new website the state created, to make sure it has all the IDs the voter uses.
“You are not changing anything by adding information to your voter registration record, you are just making it more complete,” he says. “So that doesn’t start the clock over in terms of whether or not you were registered by the deadline for the March primary.”
But Grace Chimene, president of the League of Women Voters of Texas, says that’s not an ideal solution — especially for older and disabled voters.
“To be told that there’s changes like this and then the expectation that they are supposed to log on in a complicated manner and be able to figure out how to update their voter registration card, I think it is really a shame,” she says.
Taylor says his office is also recommending that voters provide both their Social Security and driver’s license numbers — if they have them — on their application and return ballots, just in case.
Taylor says state election officials do not want to see vote-by-mail ballots get rejected.
“The secretary’s stated open position is that we hope that number is zero,” he says. “Obviously we don’t want anyone who is eligible to vote by mail to have their ballot-by-mail application rejected, or to have their ballot rejected.”
Voting groups in Texas are telling voters to return their mail-in ballots as early as they possibly can; that way there’s enough time to fix a problem. And local election officials say they are doing their best to catch voters up on what’s changed.
Ultimately, says Harris County’s Longoria, county election workers have limited time and limited resources to sort out confusion created by the new voting rules.
“This is not something I can outwork,” she says. “No matter how many hours I stay up in the day, no matter how many team members we get here, no matter how many people we put on the phones to help voters — at the end of the day, this hurts voters.”
Senate Republican leader Mitch McConnell (center) looks toward President Donald Trump at the White House in 2020.
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Senate Republican leader Mitch McConnell (center) looks toward President Donald Trump at the White House in 2020.
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The Russian threat to Ukraine has Washington on edge. No one wants the heightened tensions in Eastern Europe to escalate into war. But there’s at least one prominent Republican in the Capitol not complaining that the media spotlight has shifted overseas.
Last week, Mitch McConnell, the seven-term Republican senator from Kentucky who has been his party’s leader in the Senate for the past 15 years, found himself locked in a high-profile confrontation with the former president, who insists he is still the party’s leader.
It was not the first round of this long-running bout, but it was perhaps the most clarifying and the most consequential for the elections this fall and in 2024.
McConnell would have none of that. Unlike the members of the RNC, he actually witnessed what happened in the Capitol on that day. And he has always been clear about what he saw and what it meant.
“It was a violent insurrection for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election from one administration to the next,” McConnell said last week.
That was no more than most of his party colleagues in the Senate or among the nation’s governors would say. But he was saying it in plain English in public with reporters gathered to hear it. And he was saying it in the certain knowledge that his defense of the investigating committee and the legitimacy of the 2020 election would bring down the wrath of Donald Trump.
“Mitch McConnell does not speak for the Republican Party and does not represent the views of the vast majority of its voters,” Trump shot back in a statement released by his Save America PAC. “He did nothing to fight for his constituents and stop the most fraudulent election in American history.”
It is hard to find a comparable exchange between a president and a Senate leader of the same party anywhere in U.S. history.
To be sure, presidents have often crossed swords with the leaders of the opposition party and not infrequently disagreed with those of their own party. But the latter disputes are generally not put out for public consumption. The fratricidal nature and sharp wording of the Trump-McConnell feud are unprecedented.
The scenario was different in 2002
Late in 2002, Republican President George W. Bush distanced himself from his own party’s Senate leader, Trent Lott of Mississippi, after Lott made a stunning remark at a retirement party for Strom Thurmond. Lott had suggested the country “wouldn’t have had all these problems over the years” if Thurmond had been elected president in 1948, when Thurmond was the segregationist nominee of the States Rights Party.
That led to Lott stepping down as leader, making way for another senator with closer ties with the White House. But Bush was the sitting president at the time, still riding a huge wave of public support in the wake of the Sept. 11, 2001, terror attacks and preparing the nation for an impending war with Iraq.
President Bush’s criticism of Sen. Trent Lott’s racially controversial statements in 2002 ended his time as majority leader. But Mitch McConnell holds greater sway than Lott did.
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President Bush’s criticism of Sen. Trent Lott’s racially controversial statements in 2002 ended his time as majority leader. But Mitch McConnell holds greater sway than Lott did.
Brooks Kraft/Corbis via Getty Images
Trump is scarcely in a comparable position, having lost his bid for reelection and deeply divided the country.
And McConnell is in no sense likely to step down. He has far more experience and far more achievements as leader than Lott. The crux is that he is backed by most of the GOP senators who are his most immediate and important “constituents.”
That is why McConnell is well-positioned to break out to the upside on his current status as the minority leader in a 50-50 Senate. Republicans need just one more seat to make that happen, and it could happen any time a vacancy occurs, or it could come with the midterm elections in November. McConnell’s colleagues know there is no one more likely to oversee a successful electoral season than McConnell.
In 2014, for example, while serving in the Senate minority leader role, McConnell helped recruit and raise money for that fall’s strong lineup of challengers who defeated five Democratic incumbents and captured an additional four seats from Democrats who had retired. That gain of nine seats (no GOP seat went Democratic) set McConnell up with a clear majority to resist Barack Obama on nearly every front in his last two years as president.
But McConnell knows that a sweep of that kind is far from automatic. He was also the party leader for the Senate election cycle in 2012, when vulnerable Democrats in Missouri and Indiana escaped because the Republicans nominated weaker candidates. At that time, the surging influence of the Tea Party was being felt throughout the country and helping hard-line insurgents win primaries over more mainstream Republicans.
If something similar were to happen this year, one of two scenarios that McConnell wishes to avoid could play out in the next round of voting for party leader. In one, the pro-Trump rivals who beat McConnell’s preferred candidates get to Washington and vote for someone other than McConnell for leader. Two have already pledged to do so.
In the alternative scenario, the pro-Trump rivals get the GOP nominations and lose to the Democrats in November. That might not only frustrate McConnell’s drive for a clear majority but endanger his base of 50. Republican nominations are up for grabs in at least three states (Ohio, Pennsylvania and North Carolina) where Democrats have a shot at winning this fall.
Former President Donald Trump’s role in the upcoming primaries runs the risk of creating a repeat of the Tea Party’s influence in 2012, which left McConnell with a slate of general election candidates without broad appeal.
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Former President Donald Trump’s role in the upcoming primaries runs the risk of creating a repeat of the Tea Party’s influence in 2012, which left McConnell with a slate of general election candidates without broad appeal.
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In that event, if his party were to lose ground when it expects to gain, the octogenarian McConnell would be less assured of keeping his job. This would be especially true assuming Republicans do take over in the House and Trump becomes an official candidate for 2024 and calls for McConnell’s ouster.
McConnell’s real problem is that the Republican primary voters this year may well resemble those of 2012 more than those of 2014. The party has continued to move in the direction once denoted in the phrase Tea Party and now symbolized by Trump.
That is the message in the RNC statement and in countless polls showing most Republicans say Trump actually won reelection in 2020 – despite the mountains of evidence to the contrary.
The problem is that McConnell is not just dealing with Trump. He is dealing with the realities of the Republican Party that elevated Trump in 2016 and have most of the party’s ranks following Trump’s lead today.
Any lingering doubts about this can be dispelled by reading the new book by New York Times reporter Jeremy W. Peters, Insurgency: How The Republicans Lost Their Party and Got Everything They Ever Wanted. Peters has been following developments on the American right in the years since the original Tea Party demonstrations in 2009.
He has interviewed Trump, but most of his book is what he learned from interviewing several hundred others relevant to his overall subject over a period of years. Among them is Patrick Buchanan, the speechwriter for Ronald Reagan who became a columnist and TV commentator and three-time candidate for president. Peters argues that the “pitchfork Pat” ethos of Buchanan’s campaigns in the 1990s kept right on marching through the first decades of the new century.
The movement was diverted but not derailed by the years of the War on Terror. Then, in 2008, its anger was back on a domestic track with the mortgage meltdown and Wall Street bailouts, then the elevation of the Obamas (Michelle almost as much as Barack). The movement found its next leading figure in Sarah Palin (whose 2008 speech as the vice presidential nominee has iconic status) and found its populist sweet spot with the rise of the Tea Party and opposition to Obamacare (the Affordable Care Act).
But the Tea Party could not get Obama out of office, and 2012 nominee Mitt Romney proved disappointing. The field of candidates for 2016 was huge, but the insurgents soon found their new voice in Trump, the celebrity wheeler-dealer and reality TV star. Trump fixated issues such as the birth certificate and the “Ground Zero Mosque” in New York City. He also savaged immigrants from Mexico and from Muslim countries. And he began denigrating the integrity of elections before he had even been a candidate.
Peters has a notebook full of other characters and campaigns, from the speechwriters who worked with Palin to the on-air personalities who labored for Roger Ailes, the legendary creator of Fox News. Peters seems to have been present and reporting at every significant turn in the Republican road, watching the party gradually shed its country club image in favor of pickup trucks and gun racks.
Trump is a product of toxic political climate, not a cause
Along the way, we meet many media figures who will figure in Trump’s eventual rise, including Rush Limbaugh and Sean Hannity but also the shadowy Andrew Breitbart and his buddy and successor Steve Bannon. We see the roles played by David Bossie at Citizens United and Stephen Miller as a Senate staffer, well before they become part of Trump’s inner circle of hard-liners. Later, we see how they assume roles inside Trump’s new regime, along with all those Fox personalities, one by one.
Peters conveys a keen sense of having been present, not at the creation of this new GOP but for a critical stage of its transformation. His conclusion is that Trump is less a cause of the toxic political climate than he is a product of it. One might add that if Trump is neither the fuel nor the fire, he has surely been a highly effective accelerant. Thanks to him, what had been smoldering in our political culture has burst forth with far greater reach and intensity.
Trump has brought the heat. To date, Mitch McConnell has managed to convert that heat in service of the conservative agenda he himself wanted to achieve. The results have included a paring back of federal regulations and taxes and the repopulating of the federal judiciary.
This year, with Trump out of office but never out of mind, McConnell has to harness his insurgent energy again to pursue his own goals. And that will be a special challenge given that this time much of the heat is now being directed at him.
New York (CNN)Former President Donald Trump‘s long-time accounting firm informed the Trump Organization last week that it should no longer rely on nearly 10 years’ worth of financial statements and that they would no longer be their accountants, citing a conflict of interest.
Feb 14 (Reuters) – Canadian Prime Minister Justin Trudeau on Monday said the government had invoked rarely used special measures allowing him to tackle protests that have shut some border crossings and paralyzed downtown Ottawa.
Below are some reactions to Trudeau’s move gathered from press conferences and social media.
The standard for invoking the Emergencies Act “has not been met,” the Canadian Civil Liberties Association said in a statement.
The Act exists for situations that seriously threaten “the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada” and that “cannot be effectively dealt with under any other law of Canada,” adding the use of such legislation “should not be normalized.”
GOLDY HYDER, CEO OF BUSINESS COUNCIL OF CANADA
“We recognize the gravity of the federal government’s decision to invoke the Emergencies Act. Having called on the federal government to show national leadership, we welcome this as a step toward ending illegal blockades across the country and upholding the rule of law.”
PHIL BOYLE, ASSOCIATE CHAIR FOR LEGAL STUDIES AT THE UNIVERSITY OF WATERLOO
“It seems an interesting strategic move there to go after the money. That seems appropriate. One of the things that worked in Windsor, with the Ambassador Bridge, was the threat of taking away their licenses. If your livelihood depends on license, you’re going to think twice before putting that at risk. So that might very well work with the case of Ottawa,” Boyle told Reuters.
“No doubt there will be some litigation to come of this, considering it’s never been done before… If these emergency measures are targeted within a particular province… Trudeau would only do it if he had the relevant province on board. Maybe that would lessen the potential for litigation.”
“I wonder, how does this Federal emergencies order square with the (Ontario) provincial emergencies order that was just ordered on Friday? I don’t think we’ve ever been in a situation where both the provincial and the federal government have, at the same time, invoked extraordinary emergency measures.”
JACK LINDSAY, DEPARTMENT CHAIR FOR APPLIED DISASTER AND EMERGENCY STUDIES AT BRANDON UNIVERSITY IN MANITOBA
“It seems that they’re mostly going to focus on orders and regulations relating to finance… and that’s a fairly effective tool,” Lindsay told Reuters.
“I suspect following the money and then turning the money off is probably a good strategy and not one that’s easily done… temporary short-term measures that wouldn’t normally be acceptable can be put in place.”
“They can certainly do things quicker, which is certainly the intention of these orders and regulations under the Emergencies Act. To be able to do things when it’s useful rather than six months later when you’ve gone through all the regular democratic processes and regulations or an Act changed.
“I imagine this will start of week full of political discourse over whether the government overstepped or not.”
LORI WILLIAMS, POLITICS PROFESSOR, MOUNT ROYAL UNIVERSITY, CALGARY
“There’s the danger this could create more problems, that’s why this has to be done with the cooperation of premiers and if they don’t want help, then the federal government needs to hang back. It has to be very targeted, very strategic and very restrained, because these are enormous powers that are being implemented.”
ONTARIO PREMIER DOUG FORD
“I’ll support the federal government and any proposals they have to bring law and order back to our province, to make sure we stabilize our businesses and trade around the world as the world is watching us right now, wondering if it’s a stable environment to open up businesses and expand businesses,” Ford told reporters.
“These occupiers, they’re doing the total opposite what they say they’re there to do. They’re hurting hundreds of thousands of families, millions of jobs across the province.”
ADAM BUTTON, CHIEF CURRENCY ANALYST AT FOREXLIVE
“The protest hasn’t been a material market mover of the Canadian dollar but ending the protest with emergency powers would remove the tail risk of a longer disruption.”
QUEBEC PREMIER FRANCOIS LEGAULT
Legault told reporters that imposing the act risks putting “oil on the fire” by further polarizing the population and argued that local police in the mostly-French speaking province have the situation under control.”
“I was very clear with the Prime Minister, that the federal emergency act must not apply in Quebec. I think we don’t need it. I think that at this moment it would not help the social climate. There’s a lot of pressure right now and I think we have to be careful. So it’s about time we put all Quebecers together. But I can understand that enough is enough in Ottawa. You can protest but you cannot do what they are doing since two weeks.”
ALBERTA PREMIER JASON KENNEY
“We would prefer that the Emergencies Act not be invoked, but if it is we would very much prefer that it not be applied to Alberta,” Kenny told a media briefing.
MANITOBA PREMIER HEATHER STEFANSON
“In my view, the sweeping effects and signals associated with the never-before-used Emergencies Act are not constructive here in Manitoba, where caution must be taken against overreach and unintended negative consequences. While the situation is very different in Ontario, this ultimate federal legislation should only be considered on a measured and proportional basis, in locations where it is truly needed,” Stefanson told reporters.
SASKATCHEWAN PREMIER SCOTT MOE
“The illegal blockades must end, but police already have sufficient tools to enforce the law and clear the blockades, as they did over the weekend in Windsor. Therefore, Saskatchewan does not support the Trudeau government invoking the Emergencies Act. If the federal government does proceed with this measure, I would hope it would only be invoked in provinces that request it, as the legislation allows,” Moe told reporters
LEAH WEST, ASSISTANT PROFESSOR, AT CARLETON UNIVERSITY
“The federal government must consult with provinces and Cabinet must believe the protests rise to the level of a national emergency. Can it truly be said the security of Canada is threatened by largely non-violent protests? Certainly, our sovereignty and territorial integrity are not at risk,” West tweeted.”
(This story was refiled to fix typo in heading before 5th paragraph.)
A federal judge said he would reject Sarah Palin’s allegations that she was defamed by the New York Times , ruling that the former Republican vice-presidential candidate’s claims presented at trial were insufficient to prove her case.
U.S. District Judge Jed Rakoff announced his decision Monday while jurors were still deliberating. He said he would dismiss Ms. Palin’s complaint after they return a verdict.
OTTAWA, Feb 14 (Reuters) – Canadian Prime Minister Justin Trudeau on Monday activated rarely used emergency powers in an effort to end protests that have shut some U.S. border crossings and paralyzed parts of the capital.
Under the Emergencies Act, the government introduced measures intended to cut off protesters’ funding and took steps to reinforce provincial and local law enforcement with federal police.
“The blockades are harming our economy and endangering public safety,” Trudeau told a news conference. “We cannot and will not allow illegal and dangerous activities to continue.”
But the Canadian Civil Liberties Association said the government had not met the standard for invoking the Emergencies Act, which is intended to deal with threats to “sovereignty, security and territorial integrity,” the group said.
The “Freedom Convoy” protests, started by Canadian truckers opposing a COVID-19 vaccinate-or-quarantine mandate for cross-border drivers, have drawn people opposed to Trudeau’s policies on everything from pandemic restrictions to a carbon tax. Copycat trucker protests have also sprung up in Israel, France, Australia and New Zealand.
Protesters blockaded the Ambassador Bridge, a vital trade route between Windsor, Ontario, and Detroit, for six days before police cleared the protest on Sunday while others have shut down smaller border crossings in Alberta, Manitoba and British Columbia. Protests in Ottawa, the nation’s capital, entered a third week.
Protesters camped in front of the Canadian Parliament, some of whom want the prime minister to meet with them, said the latest steps were excessive. “It’s an extreme measure that isn’t necessary,” said protester Candice Chapel.
CUTTING OFF FUNDS
The financial measures bring crowdfunding platforms under terror-finance oversight, authorize Canadian banks to freeze accounts suspected of funding the blockades and suspend insurance on vehicles in the protests, Finance Minister Chrystia Freeland said.
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A person waves a Canadian flag in front of banners in support of truckers, as truckers and supporters continue to protest the coronavirus disease (COVID-19) vaccine mandates, in Ottawa, Ontario, Canada, February 14, 2022. REUTERS/Lars Hagberg
“We are making these changes because we know that these (crowdfunding) platforms are being used to support illegal blockades and illegal activity which is damaging the Canadian economy,” Freeland said.
Canadian authorities have said about half of the funding for the protests has come from U.S. supporters. Toronto-Dominion Bank (TD.TO) last week froze two personal bank accounts that received C$1.4 million ($1.1 million) for the protests. read more
A U.S.-based website, GiveSendGo, became a prime conduit for money to the protesters after mainstream crowdfunding platform GoFundMe blocked donations to the group. An Ontario court last week ordered GiveSendGo to freeze all funds supporting the blockade, but it said it would not comply.
Amid criticism that the police approach to demonstrations has been too permissive, Trudeau will use federal officers to back up provincial and local forces. “Despite their best efforts, it is now clear that there are serious challenges to law enforcement’s ability to effectively enforce the law,” he said.
In the western Canadian province of Alberta, police said they broke up a group that was armed and prepared to use violence to back a blockade at a border crossing with the United States. read more
The Canadian Parliament must approve the use of the emergency measures within seven days, and the left-leaning New Democrat party said it would support Trudeau’s Liberal minority government to pass the measures.
Ontario, which declared a state of emergency on Friday, backed the move. But premiers in Alberta, Quebec, Manitoba and Saskatchewan opposed the plan. Quebec’s Premier Francois Legault said using emergency powers risked putting “oil on the fire.” read more
Trudeau said the measures would be geographically targeted and time limited.
Ontario said it will speed up its plan to remove proof-of-vaccination requirements and lift pandemic-related capacity limits for many businesses while Alberta ended its mask requirements for school children on Monday. read more
Russia moved ahead with its massive military buildup near Ukraine, as German Chancellor Olaf Scholz began shuttling between the two nations seeking to stave off a conflict, and Moscow left the door open for talks.
U.S. officials said that the Russian forces near Ukraine had grown to 105 battalion tactical groups, up from 83 groups earlier this month. Russia has also moved about 500 combat aircraft within range of Ukraine and has 40 combat ships in the Black Sea, said U.S. officials familiar with intelligence reports.
The extreme heat and dry conditions of the past few years pushed what was already an epic, decades-long drought in the American West into a historic disaster that bears the unmistakable fingerprints of climate change. The long-running drought, which has persisted since 2000, can now be considered the driest 22-year period of the past 1,200 years, according to a study published Monday in the journal Nature Climate Change.
Albuquerque Police crime scene specialists photograph bloody articles of clothing after multiple people were stabbed on Sunday.
Adolphe Pierre-Louis/The Albuquerque Journal/via AP
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Adolphe Pierre-Louis/The Albuquerque Journal/via AP
Albuquerque Police crime scene specialists photograph bloody articles of clothing after multiple people were stabbed on Sunday.
Adolphe Pierre-Louis/The Albuquerque Journal/via AP
ALBUQUERQUE, N.M. — Police in Albuquerque arrested a man suspected of stabbing 11 people as he rode a bicycle around the city over the weekend, leaving two victims critically injured, authorities said.
The suspect was identified as Tobias Gutierrez, a 42-year-old man with a criminal history that includes felony offenses that range from burglary to battery and possession of a controlled substance.
He was booked into jail on charges of aggravated battery with a deadly weapon, police in New Mexico’s largest city said in a statement Monday. Booking documents said he was homeless.
The stabbings appeared to have been committed at random within hours along Central Avenue, one of the city’s main thoroughfares. One of the crime scenes included a homeless encampment and another was near a smoke shop where the suspect asked a victim for money and yelled obscenities before swinging a knife, according to a criminal complaint.
“There doesn’t seem to be any rhyme or reason” to the attacks, police spokesman Gilbert Gallegos said.
There was no immediate information on whether Gutierrez had a lawyer who could speak on his behalf.
New Mexico court records show Gutierrez also had been charged over the years with drug possession and driving while intoxicated.
In 2014, Gutierrez failed to appear in court for driving on a revoked license, records show. He responded to the court with a handwritten note saying that he was in federal custody in another county and that he was making an effort to better himself while incarcerated.
His federal prison sentence stemmed from a case in which he entered a tribal casino north of Albuquerque while carrying a revolver and ammunition.
Authorities said Gutierrez got into an altercation with a casino security officer, dropped the revolver, got into a vehicle and led police on a chase through a suburb until he crashed and was found hiding.
Records show he was released from federal custody in 2020.
Records also show that police were called to his mother’s home twice last September for domestic altercations, including one in which he was accused of stabbing her husband. No charges were filed.
Sunday’s attacks began around 11:15 a.m., when officers responded to a crime scene downtown and found a man suffering a laceration to his hand. About an hour later, another call came in about the stabbing outside a smoke shop near the University of New Mexico a couple miles away.
Police were called to two more stabbings along Central Avenue over the next two hours before another call came in at 2 p.m. about a man trying to stab people outside a convenience store. Arriving officers found two victims with neck wounds.
Within the next 20 minutes, two more calls came in — and the final one involved a victim stabbed outside of a restaurant along another busy street less than a mile away.
The witnesses identified a man on a bike armed with a large knife. Some described the man as acting strangely and said he appeared to be upset.
According to the criminal complaint, an officer saw a suspect who fit the description and saw him toss something into a trash can before the officer stopped the suspect. A search warrant was issued, and a knife was found.
The victims were taken to different hospitals. While two suffered critical injuries, all of those hospitalized were in stable condition, police said. Some were treated for their injuries and released.
Four blocks south of Chicago’s Daley Plaza, in a courthouse his famous grandfather helped dedicate before he was even born,Ald. Patrick Daley Thompson on Monday became just the latest in a long line of Chicago City Council members to be convicted in federal court.
A jury made up of eight women and four men — teachers, sales associates, an emergency medical technician and others — deliberated about three-and-a-half hours before finding the 11th Ward council member guilty of two counts of lying to regulators and five counts of filing false income tax returns.
Thompson is the grandson of the late Mayor Richard J. Daley and the nephew of former Mayor Richard M. Daley. The historic verdict arrived at the end of a toe-to-toe, surprisingly dramatic tax trial on the 25th floor of the Dirksen Federal Courthouse, where the late mayor’s name can be found on the wall. Richard J. Daley also helped dedicate the building in 1964.
The verdict followed about two-and-a-half hours of closing arguments, during which Assistant U.S. Attorney Brian Netols told jurors “no one is so big, no one is so important, that they can’t be held accountable for their criminal conduct.”
Defense attorney Chris Gair insisted the case was full of reasonable doubt, and he said prosecutors were “desperate” to convict “Patrick Daley Thompson.”
He emphasized “Daley.”
Because of COVID-19 restrictions, Thompson’s family had to watch the verdict through a video feed in the building’s ceremonial courtroom. His oldest daughter, Nora, burst into tears and dashed into the hallway. Thompson’s wife, Katie, sobbed while she was consoled by her father.
Thompson, viewed via a video screen in the overflow room, had no obvious reaction to the verdict. After court adjourned, he was seen walking from the courtroom to a witness room across the hall.
Thompson was later flanked by friends and family as he walked past reporters who tried to ask questions in the courthouse lobby. He had his hands on the shoulders of his wife and daughter as they walked ahead of him outside the building while TV cameras swarmed.
“Stop shouting at him, he doesn’t have any comment,” Gair told reporters.
The defense attorney and former federal prosecutor then said: “Extremely disappointed in the verdict. It was wrong. And I’m extremely disappointed in the United States attorney’s office for bringing this prosecution and for the things it said in the closing argument.”
U.S. District Judge Franklin Valderrama set Thompson’s sentencing for July 6. The most serious counts against him carry a maximum sentence of 30 years, but his lawyers will surely ask for probation. Thompson’s crimes cost the Internal Revenue Service $15,589.
Meanwhile, state law requires Thompson to resign his seat on the City Council.
Richard M. Daley could not be reached for comment on the verdict. Neither could William Daley, another Thompson uncle who once served as chief of staff to President Barack Obama.
Thompson is the youngest child of Patrcia Daley Martino, the eldest child of the late mayor. Thompson and his wife raised their three children in the late mayor’s bungalow. His wife, eldest daughter, siblings Courtney and Peter Thompson, and his in-laws attended every day of the trial.
Thompson was also the first sitting City Council member in more than two decades to face trial. Most who are federally charged plead guilty. And Thompson’s case might now be the latest reason why: Despite a hard-fought defense that seemed to score key points, jurors still found Thompson guilty on every count.
One of those jurors, 30-year-old Kennetta Holden, said one other member of the panel brought up Thompson’s connection to the Daley family. She said that person was shut down immediately by others who insisted that political connections should play no role in their decision.
“We reminded that juror that we’re going based off the evidence, not anything to do with who he’s related to. We kind of just said, ‘OK. That’s irrelevant.’ It was, like, so quick. We just shut it down right then and there,” she said.
Holden said she’d never heard of the Daley family before the trial and, as she drove home Monday night, she still wasn’t sure who they were.
“I might Google it,” said Holden, before adding that she also might not look it up because she has two kids, including an 11-month-old, and “better things to do.”
She grew up in the suburbs about 45 minutes northwest of Chicago and still lives there.
The case against Thompson revolved around $219,000 he received from Washington Federal Bank for Savings in Bridgeport, which was shut down in December 2017 amid allegations of massive fraud, days after its president was found dead in a bank customer’s $1 million home.
Fourteen people have been charged in a multimilion-dollar embezzlement scheme at the bank. Its late president, John F. Gembara, has also been implicated.
Thompson did not testify during the trial.
Thompson got a $110,000 loan from Washington Federal in November 2011, followed by additional payments of $20,000 in March 2013 and $89,000 in January 2014. He made one $389.58 payment in February 2012 but paid no interest, according to the feds.
Meanwhile, after Washington Federal failed, the Federal Deposit Insurance Corp. handed Thompson’s loan over to Planet Home Lending.
Thompson falsely claimed mortgage-interest deductions for interest purportedly paid to Washington Federal on his tax returns for the years 2013 through 2017. Thompson also lied in early 2018 to a Planet Home Lending customer-service representative and two FDIC contractors about how much he borrowed.
Thompson wound up settling the debt with the FDIC for a payment of the principal amount borrowed, $219,000, in December 2018, records show. He also filed amended tax returns and attempted to pay the taxes he owed, but the returns and payments for 2013, 2014 and 2015 were rejected for being too old, an IRS agent testified.
During closing arguments Monday, Assistant U.S. Attorney Michelle Petersen told jurors that Thompson had been “a lawyer for a long time.” She called him “sophisticated” and said he “can deal in the fine print.”
“When he saw an opportunity to lie, to deceive, to pay less than what he owed, he took it,” Petersen said. “And his lies follow a pattern.”
Defense attorneys blamed Thompson’s accountants at Bansley & Kiener for the deductions wrongly claimed on his tax returns. They said Thompson was too busy and frazzled to notice them. But Petersen said Thompson was “not a disengaged taxpayer.” Rather, his correspondence with accountants showed he was paying attention and asked questions.
For example, records show Thompson emailed his accountant in April 2017 about his 2016 tax returns, asking about potential adjustments for his wife’s use of the house as her office.
Perhaps the most contentious point of the trial revolved around whether Thompson lied to Planet Home Lending and the FDIC contractors in early 2018. Planet Home Lending sent Thompson a statement in February 2018 that said he owed a principal balance of $269,120. Jurors heard a recording of Thompson’s follow-up call to a customer-service line in which he claimed he had borrowed $100,000 or $110,000.
“I’m very perplexed,” Thompson said in the call. “This is a significantly higher and much more than — remotely of what we were talking about.”
He added later, “And I dispute that.”
Gair insisted Thompson did not say he “only” borrowed $110,000 and nothing else, as was charged in the indictment. But Petersen argued that’s what he said “in substance.”
Thompson signed loan applications in 2016 listing his Washington Federal balance as $249,050, Petersen pointed out. She also showed jurors an envelope Thompson turned over to the feds that had the word “tax” written in large letters in red ink, with the words “Washington Fed” and “$249,049.96” with a “?” scribbled in blue ink nearby.
Despite that, Petersen alleged that Thompson sought to resolve the Planet Home Lending inquiry quickly, and in his favor, because “if he can get them to hurry up they might not dig any deeper” and find records of the second and third Washington Federal payments totaling $109,000.
Finally, Petersen noted, Thompson only amended the tax returns at issue in his trial after he was visited Dec. 3, 2018, by federal agents and given a grand jury subpoena. Though unrelated, that visit occurred just days after the feds publicly raided the offices of Thompson’s colleague, Ald. Edward M. Burke, who now faces criminal charges of his own.
“The defendant is a lawyer,” Petersen said of Thompson. “He knows a subpoena is serious business. And you know it’s common sense that he read this thing in detail. Because it’s unusual, and it’s important.”
Gair pushed back on the notion from Petersen that Thompson had somehow hatched a plot, including by having a conversation with his accountant that led to the filing of his amended returns.
“It would take a master criminal to do that,” Gair said.
Rather, Gair painted an unflattering portrait of Thompson as disorganized and inattentive to detail. He told jurors that Thompson has “two full-time jobs and three offices, and he’s running hither and thither all the time.”
Gair said that, once Thompson realized the errors on his tax returns, “he did what an honest person does when they find out that they’ve made a mistake. He fixed it.”
“As the most recent filings demonstrate, the evidence continues to mount showing that Donald J. Trump and the Trump Organization used fraudulent and misleading financial statements to obtain economic benefit,” Ms. James said in a statement. “There should be no doubt that this is a lawful investigation and that we have legitimate reason to seek testimony from Donald J. Trump, Donald J. Trump Jr., and Ivanka Trump.”
It is unclear whether Mazars’ break with the Trumps will have any bearing on the district attorney’s criminal investigation into Mr. Trump. The firm has been cooperating with that investigation, and Mr. Trump’s main accountant at Mazars has already testified before a grand jury hearing evidence about Mr. Trump.
Understand the New York A.G.’s Trump Inquiry
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An empire under scrutiny. The New York State attorney general is currently conducting a civil investigation into former president Donald Trump’s business practices. Here’s what to know:
The origins of the inquiry. The investigation started after Michael D. Cohen, Mr. Trump’s former personal lawyer and fixer, testified to Congress that Mr. Trump and his employees had manipulated his net worth to suit his interests.
The potential impact. Because the investigation is civil, the attorney general cannot file criminal charges and would have to sue Mr. Trump. Ms. James could seek financial penalties and try to shut down certain aspects of Mr. Trump’s business.
Mr. Trump’s response. Mr. Trump has filed a lawsuit against Letitia James, the New York attorney general, seeking to halt the inquiry. The suit argues that the attorney general’s involvement in the inquiry was politically motivated.
Financial statements. Mr. Trump’s longtime accounting firm, Mazars USA, disclosed that it could no longer stand behind annual financial statements it prepared for him. The statements are at the center of Ms. James’s investigation.
The office of the district attorney, Alvin Bragg, declined to comment.
Both investigations still face obstacles. While the statements may contain exaggerated estimates of Mr. Trump’s property values, those same documents also include a number of disclaimers, including acknowledgments that Mr. Trump’s accountants had neither audited nor authenticated his claims.
Another disclaimer notes that Mazars did “not express an opinion or provide any assurance about” the statements, a common caveat in statements of financial condition. The firm also disclosed that, while compiling the information for Mr. Trump, it had “become aware of departures from accounting principles generally accepted in the United States of America.”
Mr. Trump’s lawyers would likely argue that his lenders, sophisticated financial institutions like Deutsche Bank, would not have relied on the statements when providing him loans.
Still, in her court filing last month, Ms. James highlighted potential misleading statements about the value of at least six Trump properties, including golf clubs in Westchester County, N.Y., and Scotland, as well as Mr. Trump’s own penthouse home in Trump Tower.
The law, which was passed in 1988 but never before used, will give police “more tools” to bring order to areas where public assemblies “constitute illegal and dangerous activities,” Trudeau said. Financial institutions, meanwhile, will get sweeping powers to halt the flow of funding to the self-styled “Freedom Convoy.”
The Ambassador Bridge is open again after a vaccine mandate protest prompted a blockade, pausing traffic on a key international land port and costing millions of dollars in lost production.
The Detroit International Bridge Co. announced Sunday night that the Ambassador Bridge is fully open allowing free flow of commerce between Canada and the United States.
The weeklong protest was started by truckers in opposition to COVID-19 vaccine mandates and other quarantine requirements, but early Sunday police said it ended after negotiations and multiple arrests. Despite the supposed peace talks, about a dozen protesters remained at an intersection close to the bridge into Sunday evening, waving flags and occasionally cheering.
On Monday, a few protesters returned but heavy police presence is limiting access to the bridge. Intersections near the main road to the bridge are essentially all cut off by police cruisers.
According to Windsor Police, there have been 42 arrests and 37 seized vehicles since the protest began. The large majority of persons arrested have since been released with a future court date and are facing a charge of mischief, police said. Some are also facing a charge of disobeying a court order.
The Canada Border Services Agency (CBSA) said travelers and commercial carriers may still experience delays due to traffic volumes.
Border wait times can be checked here. As of 8:14 a.m. Monday, the Ambassador Bridge was showing no delay.
“The CBSA would like to thank travelers and commercial carriers for their patience and for helping to minimize the impact of this border service disruption,” the agency said in a news release.
Gov. Gretchen Whitmer issued a statement Monday calling the reopening a “win for Michigan.” She also said it’s important not to have a repeat of last week’s closure.
“It’s important to ensure that this does not happen again,” Whitmer said. “I will work to protect the economic freedom and well-being of families and businesses in Michigan.”
Matt Moroun, chairman of Detroit International Bridge Co., echoed that sentiment and issued a “call to action.”
“On behalf of the Detroit International Bridge Company and the thousands of hard-working people on both sides of the U.S. and Canadian border, I’d like to thank everyone who came together to reopen the Ambassador Bridge. I would also like to recognize the hard-working truck drivers who exercised their right to free speech and made their voices heard,” Moroun said in a written statement.
“After the events of 9-11, our cities, states, and the countries of Canada and the U.S. all pulled together to ensure our international commerce continued to thrive. Now we must join together to come up with an actionable plan that will protect and secure all border crossings in the Canada/U.S. corridor and ensure that this kind of disruption to critical infrastructure will never happen again.”
The so-called Freedom Convoy originally began last month in Ottawa, Canada’s capital, but since then moved to the international border, gaining the attention of politicians internationally and the support of fellow vaccine and mask skeptics. Demonstrations at the border were largely nonviolent, with protesters singing, dancing and waving flags.
The closure of the bridge had an almost immediate impact, as an estimated 10,000 commercial vehicles cross the bridge each day with $325 million worth of goods, according to the Michigan Department of Treasury.
The judge said that standard, aimed at allowing robust public debate on issues of public importance, is open to question. However, he said it was not his role to revisit that rule.
“The Supreme Court made that balance and set a very high standard, and I don’t think that standard has been realized by plaintiff with respect to at least one aspect of the actual malice requirement,” Rakoff said. “I don’t think a reasonable juror could conclude that Mr. Bennet either knew the statements were false or that he thought the statements were false and he recklessly disregarded that high probability.”
At the time Palin filed the suit, more than four years ago, her legal team billed it as a vehicle to challenge that “actual malice” standard. The suit was brought as prominent figures on the right, including then-President Donald Trump, were expressing increasing frustration the Times v. Sullivan framework. In recent years, Justices Clarence Thomas and Neil Gorsuch have called on their fellow justices to revisit that decision. However, in 2020, the New York Legislature adopted that Sullivan standard as the rule under New York state law. Legal experts say that move makes the Palin case an unlikely vehicle for the high court to revisit the half-century-old rule.
Rakoff noted that Palin was not only obligated to show actual malice, but needed to prove it with clear and convincing evidence. “That places the burden very much on the plaintiff in these situations,” he said. “In this case, the court finds that that standard has not been met.”
The editorial, titled “America’s Lethal Politics,” was published on the day a gunman opened fire on a congressional GOP baseball practice in Alexandria, Va., badly wounding Rep. Steve Scalise (R-La.) and three other people. The gunman in that attack, who was killed at the scene, was a fan of Sen. Bernie Sanders (I-Vt.).
However, Bennet testified that the Times saw the event as an occasion to urge politicians at both ends of the political spectrum to tone down their rhetoric. He said he introduced language into the editorial that suggested a direct link between a targeting map issued by Palin’s political action committee and the 2011 Arizona shooting. No such link was ever established, but Bennet said he wasn’t trying to imply there was a cause-and-effect relationship, just that there was rhetoric specifically targeting Giffords in advance of that shooting.
The Times issued two corrections to the disputed editorial within hours, but Palin claimed they were inadequate and that the publication damaged her reputation, leading to fewer speaking engagements and requests for political help.
Testimony at the trial exposed sloppy practices at the Times, with Bennet amping up the language in the editorial shortly before deadline, a fact-checker skipping over the language that gave rise to the suit and an editorial writer failing to closely read all of Bennet’s changes when they were sent to her.
Still, the judge said the key question was whether Bennet harbored serious doubt about the truth of his statements at the time they were published. Rakoff said there was no evidence the editor had any concern about the accuracy of the statements until a colleague emailed him after the editorial was posted online.
As he issued his ruling, Rakoff gave the Times a mild tongue-lashing.
“Ms. Palin was subjected to an ultimately unsupported and very serious allegation that Mr. Bennet chose to revisit 7 years or so after the underlying events,” the judge said. “I think this is an example of very unfortunate editorializing on the part of the Times but, having said that, that’s not the issue before this court.”
Rakoff has repeatedly warned the jurors not to look at press coverage of the case, and he seemed convinced Monday that they would not learn of his ruling.
“They, of course, will not know about my decision,” said the judge, an appointee of former President Bill Clinton.
“I certainly considered the possibility that I should wait until after the jury had rendered its verdict in this case, but the more I thought about it over the weekend, the more I thought that was unfair to both sides. We’ve had very full argument on this; I know where I’m coming out,” Rakoff said just before he announced his ruling.
Before the jurors were excused for the day Monday, Times attorney David Axelrod expressed concern to Rakoff that some of the jurors might see “push notifications” about his decision that were sent out by various news outlets.
The judge then said he planned to “schmooze” with the jurors a bit before telling them to avoid press coverage of the case.
“I didn’t think I should let the day expire, when you know I love this jury, without wishing you a happy Valentine’s Day,” he later told the jury. “If you see anything in the media about this case, just turn away.”
The decision Monday was the second time Rakoff has thrown out the case. He did so in 2017 after an unusual hearing in which Bennet testified about his decision-making related to the editorial. The 2nd Circuit Court of Appeals later reinstated Palin’s suit, calling Rakoff’s approach unorthodox and in violation of federal rules covering civil litigation.
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