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The Dictatorship

SCOTUS effectively pardoned Trump. Now he wants to extend that same immunity to others.

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SCOTUS effectively pardoned Trump. Now he wants to extend that same immunity to others.

This is an adapted excerpt from the May 28 episode of “All In with Chris Hayes.”

Donald Trump is the first felon ever elected president of the United States, and now, months into his second term, he’s handing out “get out of jail free” cards.

In recent days, the president has gone on something of a pardon spree: On Wednesday alone, Trump granted clemency to at least a half-dozen people, including a pardon for John Rolandthe former Republican governor of Connecticut, who was convicted in two federal criminal cases; rapper NBA YoungBoy, who was sentenced to nearly two years in prison in a federal gun case; and former 1st Lt. Mark Bashaw, who was court-martialed for disobeying Covid rules.

Last year, you may remember that Trump’s handpicked Supreme Court ruled that almost anything the president does that could be construed as an official act cannot be criminally prosecuted. It was a wild ruling, based on invented doctrine. It was also effectively a pardon from the court.

The court’s decision was a wild ruling based on invented doctrine. It was also effectively a pardon.

It appears Trump now wants to reorient the entire federal justice system to extend that same immunity to anyone he deems similarly above the law.

Just consider Trump’s pardon of Paul Walzak, a Florida nursing home executive who pleaded guilty to tax crimes last year, less than two weeks after Trump was elected.

According to The New York Times, Walzak started angling for a pardon from the incoming president almost immediately, submitting a pardon application to Trump right around Inauguration Day. “The application focused not solely on [his] offenses but also on the political activity of his mother, Elizabeth Fago,” the Times reports.

The application noted that Fago had raised millions of dollars for Republican campaigns, including Trump’s. “It also highlighted her connections to an effort to sabotage [Joe Biden’s] 2020 campaign by publicizing the addiction diary of his daughter Ashley Biden — an episode that drew law enforcement scrutiny,” the Times reports.

It would appear that was not enough to sway the president, however. So Walzak’s mother tried a different approach. Last month, Fago was invited to a $1 million-per-person fundraising dinner at Mar-a-Lago that promised face-to-face access to Trump. Less than three weeks after she attended the dinner, Trump signed a full and unconditional pardon for her son.

That pardon means Walzak avoided an 18-month prison sentence. He also no longer has to pay the government more than $4 million in restitution, which sounds like a pretty good return on an investment in a $1 million fundraiser. To be clear, we do not know that the pardon was connected to the fundraiser — maybe it was all a coincidence! — but the timing is awfully suspicious.

The topic of selling pardons was certainly a concern for judges when Trump’s immunity case was before a federal appeals court last year. After one of the judges asked Trump’s attorney John Sauer if a president could sell pardons or military secrets, he replied that while the sale of military secrets “might not be held to be an official act,” that “the sale of pardons is something that has come up historically and was not prosecuted.”

For Trump, it appears the law is not for seeking justice against wealthy tax cheats with well-connected mothers. Nor is it for locking up Trump supporters who stormed the Capitol. No, those people — including the ones who assaulted police officers and the ones convicted of seditious conspiracy — got a full, unconditional pardon on Trump’s very first day.

On his second day, Trump pardoned a man named Ross Ulbricht, the so-called martyr of the Bitcoin movement, who ran the drug trafficking website known as the Silk Road, a marketplace where you could purchase, for instance, fentanyl — which this administration talks so much about wanting to keep outside our borders.

Trump was clear that Ulbricht’s pardon was to honor the Libertarian Movement, “which supported me so strongly.” Incidentally, Ulbricht met with Trump’s buddy Roger Stone earlier this month (another recipient of a presidential pardon). This week, Ulbricht also spoke at a Bitcoin conference, along with Vice President JD Vance and the president’s sons Eric and Don Jr.

It seems that, in Trump’s view, when drug trafficking is facilitated by brown people from foreign countries, it’s a crisis so severe that it requires the U.S. to effectively end due process. But when drug trafficking is facilitated by a clean-cut libertarian guy who looks like a peer of the vice president and his sons, it’s something to be tolerated, if not commended.

We are seeing this story play out over and over again, especially when it comes to what we used to call corruption, or white-collar crime. Especially when it involves the category of people who Trump might have as Mar-a-Lago members.

Like Carlos Watson, the founder of Ozy media, who was sentenced to nearly a decade in prison after being convicted of fraud and aggravated identity theft. In March, Trump commuted his sentence.

Also in March, Trump pardoned three co-founders of the crypto exchange BitMEX after they pleaded guilty last year to a bank secrecy violation.

That same month, Trump pardoned Trevor Miltonfounder of an electric vehicle startup, who was sentenced to four years in prison for securities fraud. Milton, along with his wife, also happened to donate nearly $2 million to a Trump re-election fund late last year.

Trump is not acting in good faith. Instead, he has decided that the purpose of the pardon is to protect people who are loyal to him.

Also in March, Trump pardoned Brian Kelseya former Tennessee Republican state senator, who pleaded guilty to charges stemming from a campaign finance scheme.

In April, Trump pardoned former Nevada Republican lawmaker Michelle Fiore, a MAGA loyalist who was found guilty on wire fraud charges last year. At trial, prosecutors said she raised $70,000 to build a statue for a fallen police officer and then used some of the money on cosmetic surgery instead.

This week, Trump announced he would pardon Todd and Julie Chrisley, the reality TV stars who were convicted on multiple counts of fraud and tax evasion. He also pardoned Michael Grimm, a former Republican congressman from New York and Newsmax commentator who spent seven months in prison a decade ago after pleading guilty to one count of tax fraud.

But Trump wasn’t done there. On Wednesday, the president said he was open to pardoning the right-wing extremists convicted of a plot to kidnap Michigan’s Democratic Gov. Gretchen Whitmer back in 2020.

The power of presidential pardons and clemency can be a very good thing. In most presidencies in my lifetime, it’s been woefully underused. But Trump is not acting in good faith. Instead, he has decided that the purpose of the pardon is to protect those who are loyal to him or who commit the kind of crimes he thinks are no big deal.

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The Dictatorship

BBC asks a court to dismiss Trump’s $10 billion lawsuit

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BBC asks a court to dismiss Trump’s $10 billion lawsuit

LONDON (AP) — The BBC filed a motion Monday asking a U.S. court to dismiss President Donald Trump’s $10 billion lawsuit against it, warning that the case could have a “chilling effect” on robust reporting on public figures and events.

The suit was filed in a Florida court, but the British national broadcaster argued that the court did not have jurisdiction, nor could Trump show that the BBC intended to misrepresent him.

Trump filed a lawsuit in December over the way a BBC documentary edited a speech he gave on Jan. 6, 2021. The claim seeks $5 billion in damages for defamation and a further $5 billion for unfair trade practices.

Last month a judge at the federal court for the Southern District of Florida provisionally set a trial date for February 2027.

The BBC argued that the case should be thrown out because the documentary was never aired in Florida or the U.S.

“We have therefore challenged jurisdiction of the Florida court and filed a motion to dismiss the president’s claim,” the corporation said in a statement.

In a 34-page document, the BBC also argued that Trump failed to “plausibly allege facts showing that defendants knowingly intended to create a false impression.”

Trump’s case “falls well short of the high bar of actual malice,” it said.

The document further claimed that “the chilling effect is clear” when Trump is “among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day.”

“Early dismissal is favoured given the powerful interest in ensuring that free speech is not unduly burdened by the necessity of defending against expensive yet groundless litigation, which would constrict the breathing space needed to ensure robust reporting on public figures and events,” it said.

The documentary — titled “Trump: A Second Chance?” — was aired days before the 2024 U.S. presidential election.

The program spliced together three quotes from two sections of a speech Trump made on Jan. 6, 2021, into what appeared to be one quote, in which Trump appeared to explicitly encourage his supporters to storm the Capitol building.

Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.

Trump’s lawsuit accuses the BBC of broadcasting a “false, defamatory, deceptive, disparaging, inflammatory, and malicious depiction” of him, and called it “a brazen attempt to interfere in and influence” the 2024 U.S. presidential election.

The broadcaster’s chairman has apologized to Trump over the edit of the speech, admitting that it gave “the impression of a direct call for violent action.” But the BBC rejects claims it defamed him. The furor triggered the resignations of the BBC’s top executive and its head of news last year.

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The Dictatorship

The DOJ’s ethics proposal would have a corrupt fox guarding the henhouse

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State bar associations play an important accountability role across the country. Trump administration lawyers know that their legal licenses are subject to censure, because practicing law in the United States remains a privilege, not a right. But if Attorney General Pam Bondi has her way, even this guardrail could disappear.

Last week, Bondi proposed a new rule that would allow the Department of Justice to take over investigations of alleged attorney misconduct of its own lawyers. State bar authorities would have to pause their investigations while the Justice Department conducts its own probe. The rule gives the DOJ the ability to delay or even derail a state investigation.

The rule gives the DOJ the ability to delay or even derail a state investigation.

It doesn’t feel like a coincidence that there has been a series of state ethics complaints filed against Trump administration lawyers, including Bondi, Deputy Attorney General Todd Blanche and federal prosecutors handling immigration cases. President Donald Trump’s polarizing pardon attorney Ed Martin is currently facing just such a complaint from the D.C. Bar.

As outlined in the Federal Registerthe proposal argues that “political activists have weaponized the bar complaint and investigation process.” Of course, even if it were true that frivolous complaints were being filed against Justice Department lawyers, state bar grievance authorities should be able to weed them out just as effectively as the department’s own investigators. In fact, having an independent review process would provide more credibility than the DOJ would in dismissing such claims.

Federal law requires all federal prosecutors to comply with the ethics rules of the state where they practice law, including the District of Columbia. The new rule requires Justice Department lawyers to obey the substance of their state’s ethics rules, but gives the DOJ the authority to investigate violations. According to the proposal, whenever a bar grievance is filed, “the Department will have the right to review the allegations in the first instance and shall request that the bar disciplinary authority suspend any parallel investigations until the completion of the Department’s review.”

From there, multiple scenarios are possible. First, “if the Attorney General decides not to complete her review,” the state bar disciplinary authorities “may resume their investigations or disciplinary hearings.” Second, if the attorney general finds misconduct, “the State bar disciplinary authorities will then have the option of beginning or resuming their investigations or disciplinary proceedings” and, if appropriate, “to impose additional sanctions beyond those already imposed by the Department, including suspension or permanent disbarment.”

But what is missing from the language of the rule itself is a potential third scenario. What if the attorney general clears the attorney of misconduct? On that, the rule is silent.

Say, for example, a federal prosecutor in Minnesota is accused of making false representations to an immigration judge. The judge or opposing party could file a grievance with the Minnesota Office of Lawyers Professional Responsibility. Under the new rule, the state bar would be required to stand down and await a DOJ investigation, with no provisions for time limits or transparency. Of course, even the delay could compromise the subsequent Minnesota probe. But if the Justice Department clears the lawyer, it is also unclear what happens next. According to Bloomberg“If the DOJ finds no violation, that blocks the state from investigating the alleged infraction.” This conclusion may be a fair inference for a department that has thrown its weight around. According to the proposed rule, “the Attorney General retains the discretion to displace State bar enforcement and to create an entirely Federal enforcement mechanism.”

But even if the rule merely delays state enforcement, the DOJ could slow-walk a grievance into oblivion. According to a comment posted by the Illinois State Bar Association, the DOJ is attempting to “shield” its lawyers from accountability. The proposed rule also includes an ominous provision that if bar disciplinary authorities refuse the attorney general’s request, “the Department shall take appropriate action to prevent the bar disciplinary authorities from interfering with the Attorney General’s review of the allegations.”

Even if the rule merely delays state enforcement, the DOJ could slow-walk a grievance into oblivion.

In the decades since the Watergate scandal, the Justice Department has conducted robust investigations of allegations of ethical misconduct by its own attorneys and imposed discipline. In fact, it was common for state bar authorities to wait for the DOJ to complete its investigations before initiating their own probes, because the federal process held attorneys to standards even higher than state ethics rules. But that landscape changed last year, when Bondi fired the head of the department’s Office of Professional Responsibility and its chief ethics officer. Now there is a risk that DOJ lawyers will be even further sheltered from meaningful ethical oversight.

In the first nine days of the 30-day notice and comment period, the proposed rule has attracted more than 30,000 comments. And once implemented, the rule will no doubt invite legal challenges and ultimately could be struck down. But until then, it threatens to give carte blanche to DOJ lawyers who represent the Trump administration not just zealously but with impunity, knowing that the attorney general can simply delay or even block state bar ethics complaints. And the rule represents one more openly regressive blow against the checks and balances that are essential to democracy.

Barbara McQuade is a former Michigan U.S. attorney and legal analyst.

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The Dictatorship

Trump administration reportedly seeks to use HIV aid to extract minerals from Zambia

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Trump administration reportedly seeks to use HIV aid to extract minerals from Zambia

Donald Trump’s imperial administration appears intent on plundering and exploiting the African continent by any means.

As the president looks around the globe for ways to acquire the world’s resourcesa new report from The New York Times underscored just how low the administration is willing to go.

And in this case, the downstream impact could be catastrophic for Americans. The Times’ report, which MS NOW has not independently confirmed, said the Trump administration might withhold HIV aid to Zambia to try to coerce the nation to hand over critical minerals.

Per the report:

The State Department is considering withholding lifesaving assistance to people with H.I.V. in Zambia as a negotiating tactic to force the government of the southern African country to sign a deal giving the United States more access to its critical minerals.

‘We will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale,’ a draft of a memo prepared for Secretary of State Marco Rubio by the department’s Africa Bureau staff says. A copy of the memo was obtained by The New York Times.

The Times’ report noted that about 1.3 million people in Zambia rely on daily HIV treatment through a U.S. program known as PEPFAR, and the memo said the administration is considering whether to “significantly cut assistance” as soon as May to try to force the Zambian government’s hand.

According to the report, the administration also has tried to pressure African nations to sign new agreements to hand over minerals and sensitive health data, including information about abortionsin exchange for health assistance.

I recently wrote about the Trump administration attempting to force Benin to participate in a vaccine study that garnered comparisons to the racist Tuskegee experiment. And one might say this plan to similarly coerce Zambia is as idiotic as it is cruel.

HIV and AIDS prevention experts have already warned that the administration’s cuts to PEPFAR, or the U.S. President’s Emergency Plan for AIDS Reliefstand to cause 6.6 million new HIV infections and 4.2 million new AIDS-related deaths, between 2025 and 2029.

And because Americans do not live in an antiseptic bubble, enabling the spread of HIV — as the Trump administration risks doing with its ultimatum to Zambia — may very well threaten public health in the United States as well.

We can see here how a combination of racism, greed and unabashed ignorance can put the entire world at risk. Contrary to his predecessor’s administration, which sought to improve on the paternalistic and exploitative relationship the U.S. has long maintained with African nations, Trump’s appears to see the continent — filled with nations he has labeled “s—hole” countries — as a waste bin where it can discard people targeted in the president’s racist anti-immigrant crackdownand a region from which to extract coveted minerals.

Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.

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