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The Dictatorship

Trump’s Justice Department seeks to shield president in Jan. 6 civil cases

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Trump’s Justice Department seeks to shield president in Jan. 6 civil cases

In the recent past, there was reason to believe Donald Trump might face criminal accountability for Jan. 6 and his actions after his 2020 defeat. Those hopes were dashed, however, by the results of the 2024 election and the demise of former special counsel Jack Smith’s case against the president.

There is, however, another potential avenue for accountability — a series of civil lawsuits filed against Trump — though as The New York Times reportedthe Justice Department appears to be taking steps to derail this option, too.

The Justice Department made an unusual effort on Thursday to short-circuit a series of civil lawsuits seeking to hold President Trump accountable for his supporters’ attack on the Capitol on Jan. 6, 2021. Department lawyers argued in court papers filed to the judge overseeing the cases that Mr. Trump was acting in his official capacity as president on Jan. 6 and so the federal government itself should take his place as the defendant. That move, if successful, could protect Mr. Trump from having to face judgment for his role in the Capitol attack and from having to pay financial damages if he were found liable.

The Times’ report, which has not been independently verified by BLN or NBC News, added that the legal maneuver appeared to be the latest effort to use the powers of the Justice Department to Trump’s advantage “by effectively having himself removed from the lawsuits.”

For those who might benefit from a refresherin the aftermath of the insurrectionist violence, among those who filed lawsuits against Trump were police officers injured during the insurrectionist violence. In fact, multiple cases were filed:

  • In March 2021two Capitol Police officers, James Blassingame and Sidney Hemby, sued Trump, claiming he was liable for the injuries they suffered during the riot.
  • In August 2021seven more police officers who were attacked and beaten during the Capitol riot sued the former president.
  • In January 2022three more police officers — including two who aided the evacuation of lawmakers — sued Trump, seeking damages for their physical and emotional injuries.
  • In January 2023the longtime partner of Capitol Police Officer Brian Sicknick, who died after the Jan. 6 riot, filed a wrongful death civil suit against Trump.

Those civil cases have since been consolidated and are pending before U.S. District Court Judge Amit P. Mehta.

To be sure, even if Trump were to lose the civil suits, there would be no criminal consequences, but they could prove to be politically embarrassing and financially costly. Indeed, let’s not forget that he has suffered several major legal setbacks and defeats in recent years — the E. Jean Carroll case, the Trump Organization’s fraud case, the demise of his fraudulent charity, the demise of his fraudulent “university,” et al. — and those were all civil cases.

What’s more, while the Justice Department has a policy prohibiting federal criminal charges against a sitting president, the Supreme Court has already ruled that sitting presidents can face civil suits while in office, and claims from Trump’s lawyers that he’s immune in these cases have already been rejected by two courts.

It’s against this backdrop that the Justice Department decided to intervene. The Times’ report added, “The department has argued that under the law federal officials acting within the scope of their office or employment cannot be sued personally, and that in such instances the government is the only entity that can be targeted.”

It’s an argument rooted in the idea that those who claim to have been harmed by the president’s actions on Jan. 6 should be able to sue the federal government, but shouldn’t be able to sue the Republican directly.

Will this work? Watch this space.

This post updates our related earlier coverage.

Steve legs

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an BLN political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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The Dictatorship

FSU shooting victim’s family files federal lawsuit against OpenAI

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FSU shooting victim’s family files federal lawsuit against OpenAI

Happy Tuesday! Here’s your Tuesday Tech Dropthe past week’s top stories from the intersection of politics and technology.

The family of a victim killed in a shooting at Florida State University last year is suing OpenAIalleging the shooter was inspired and advised by its chatbot, ChatGPT, on how to maximize damage.

The federal lawsuitfiled in Florida, claims ChatGPT informed the alleged shooter on how to operate certain guns and when FSU’s campus would be busiest. According to the suit, ChatGPT responded to a query about how to gain the most attention by saying in part:

Context also matters — fewer victims can still lead to national coverage if it happens at an elementary school or major college, if the shooter is a student or staff member, or if there’s something culturally or politically charged (for example, racial motives, a manifesto, or mental-health implications).

OpenAI declined responsibility, BLN reported:

OpenAI said that while the FSU shooting was a “tragedy,” ChatGPT is “not responsible.”

“In this case, ChatGPT provided factual responses to questions with information that could be found broadly across public sources on the internet, and it did not encourage or promote illegal or harmful activity,” said OpenAI spokesperson Drew Pusateri. “We work continuously to strengthen our safeguards to detect harmful intent, limit misuse, and respond appropriately when safety risks arise.”

As BLN noted, this litigation adds to a growing list of lawsuits accusing ChatGPT of fueling harmful behavior. And, to be clear, this issue isn’t unique to OpenAI: There have been numerous incidents — such as xAI’s Grok being used to produce nonconsensual sexual imagesincluding ones depicting children — that suggest the public ought to remain skeptical of chatbots and their effect on society.

Read more at CNN.

France’s X investigation

Speaking of Elon Musk’s Grok, French investigators have escalated their probe — over the chatbot’s dissemination of Holocaust denials and nonconsensual deepfakes — to a criminal investigation. Musk has called the investigation a political attack, without providing evidence. According to CNBC, the escalation comes after Musk declined to appear for questioning. Last month, President Donald Trump’s Justice Department officially refused to assist French investigators in getting Musk to comply.

Read more at CNBC.

Judge slams DOGE’s humanities cuts

A federal judge blocked the Trump administration’s cuts to the National Endowment for the Humanities, calling the cuts discriminatory. The judge also rebuked employees at the so-called Department of Government Efficiency for trying to blame ChatGPT, which they used while trying to decide which programs to slash.

Read more at MS NOW.

Israeli Prime Minister Benjamin Netanyahu suggested that a reported rise in anti-Israel sentiment among Americans is the result of foreign influence campaigns on social media. The evidence-free comments, made on CBS’ “60 Minutes,” underscore Netanyahu’s concerns about online criticism — and his efforts to suppress it amid backlash over Israel’s bombing campaigns in Gaza and Lebanon.

Netanyahu met with right-wing influencers last summer in an effort to stem anti-Israel sentiment among conservatives. And according to recent pollingIsrael’s standing has significantly dropped among Democrats, fueling some primary challenges among liberals.

Watch the “60 Minutes” interview at CBS News.

According to a Pew survey published last month, 60% of U.S. adults viewed Israel unfavorably, up nearly 20 points in four years. Israeli Prime Minister Benjamin Netanyahu says the rise of social media is a major reason for this decline. https://t.co/QP4ESNtjGq pic.twitter.com/miCEwFYLX3

— 60 Minutes (@60Minutes) May 10, 2026

Canvas hack underscores cybersecurity cuts

I wrote about the recent ransomware attack on Canvas, an educational app used by thousands of K-12 schools and universities across the country, and how the debilitating hack spotlights the danger in the Trump administration’s gutting of cybersecurity programs.

Read more at MS NOW.

A new ICE-monitoring app emerges

The developers behind Tucson Migra Map, which allows users to track U.S. Immigration and Customs Enforcement activity, explained to The Associated Press why they believe their platform is positioned to avoid the fate of other ICE-tracking apps that have been taken offline amid pressure from the Trump administration.

Read more at The Associated Press.

Texas sues Netflix

Texas Attorney General Ken Paxtonwho is running for the U.S. Senate, has filed a lawsuit in his official capacity against Netflix, accusing the streaming platform of “spying” on users, collecting data without consent and deploying features designed to make the platform addictive. A Netflix spokesperson said in a statement that the lawsuit “lacks merit and is based on inaccurate and distorted information.”

Read more at Variety.

Meta has officially killed end-to-end encryption on Instagram, meaning the social platform will no longer offer the feature that supposedly blocked third parties — including government entities — from viewing messages between users.

Read more at PCMag.

Trump Mobile drives buyers mad

MS NOW’s Ari Melber delivered a great segment spotlighting customers who ordered Trump-branded mobile phones feeling “duped” and “angry” after not receiving anything for more than a year. He explained why a recent update to the preorder terms and conditions means the phones may never arrive.

Read my colleague Allison Detzel’s write-up of the segment — and watch the segment in full — at MS NOW.

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

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The Dictatorship

Trump is usually immune to political gaffes. This slip-up is different.

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Trump is usually immune to political gaffes. This slip-up is different.

In his decade in national politics, Donald Trump has transformed the meaning of the political gaffe. As a campaigner and as president, he has demonstrated an uncanny ability to bulldoze over controversies stemming from embarrassing, tone deaf or outright offensive remarks. But it’s genuinely hard to see how a tin-eared remark he made Tuesday won’t haunt him.

Before leaving for his trip to ChinaTrump took questions from the press on the White House lawn. About 10 minutes into his appearance, a reporter asked“When you’re negotiating with Iran, Mr. President, to what extent are Americans’ financial situations motivating you to make a deal?”

Without hesitation, Trump replied, “Not even a little bit.”

He continued: “The only thing that matters when I’m talking about Iran — they can’t have a nuclear weapon. I don’t think about Americans’ financial situation. I don’t think about anybody. I think about one thing: We cannot let Iran have a nuclear weapon. That’s all.”

I don’t think about Americans’ financial situation. I don’t think about anybody.

Democrats have just received the ideal video clip for midterm messaging.

Trump’s favored escape hatch — passing off an off-color or foolish remark as a joke — is not available here. In clips of his remarks, which immediately spread like wildfire on social media, Trump speaks emphatically, and his tone makes it clear that he’s speaking with clear and serious intention.

President Trump said he doesn’t think about Americans’ financial situations as he negotiates with Iran, “not even a little bit,” as he took questions from reporters before leaving for China.

“The only thing that matters when I’m talking about Iran, they can’t have a nuclear… pic.twitter.com/Yb2ErKl8t2

— CBS News (@CBSNews) May 12, 2026

Even during an era in which Trump has raised the bar for impropriety and scandal unthinkably high, there’s a reason this blunder has the juice in a way most of Trump’s remarks don’t: He has committed a gigantic Kinsley gaffe. That’s a reference to former New Republic editor Michael Kinsley’s definition of a gaffe as “when a politician tells the truth — some obvious truth he isn’t supposed to say.”

The truth, in this case, is that Trump obviously doesn’t care about ordinary Americans’ financial well-being. It’s sticky not just because he said it, but because he has long been acting like it.

The war with Iran caused an entirely predictable oil shock in the Strait of Hormuz, and in turn, an entirely predictable blow to Americans’ wallets. Every serious energy and security observer of the region knew that this was a likely effect of such a conflict. But Trump went ahead anyway because he was so fixated on claiming another regime change that he didn’t stop for a moment to think about the repercussions.

This accidental truth-telling by Trump underscores how much his second term is politically fraudulent. He largely won the White House again because of lingering resentment over inflation during the Biden administration and rosy memories of Trump’s economic performance, alongside his promises of “no new wars.” His campaign ran ads proclaiming “Kamala is for they/them, President Trump is for you.” Now he’s admitting — both in word and deed — that all that was a lie, and that his top priority is an unpopular project he was never elected to carry out.

My belief — and hope — is that this is the kind of clip that will have potency not only with Democrats, but also independents and soft Trump voters who are already souring on Trump due to the war in Iran and high costs of living. It’s the kind of thing that Trump can be hammered with not just by the Democratic Party, but also the isolationist, Tucker Carlson-aligned wing of the GOP.

While Trump flails in negotiations with an increasingly resolute Iran, he obsesses over a $1 billion White House ballroom project and continues to use his presidency to enrich himself and his family.I don’t think about anybody. The only part Trump is missing is “but myself.” But I’m increasingly confident that most voters can fill in the blanks.

Zeeshan Aleem is a writer and editor for MS NOW. He primarily writes about politics and foreign policy.

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The Dictatorship

Patel clashes with lawmakers over excessive drinking allegations

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Patel clashes with lawmakers over excessive drinking allegations

Democratic lawmakers at a Justice Department budget hearing Tuesday blasted FBI Director Kash Patel about his behavior, as well as fresh reports about the Trump administration’s investigations into internal leaks and the president’s enemies.

Sen. Chris Van Hollen, D-Md., began the Senate Appropriations Committee hearing by condemning the firing of FBI agents and accusing Patel of “weaponizing” the agency to seek political revenge on behalf of Trump, particularly against journalists “who write stories that you don’t like.”

Van Hollen called reports of”https://www.ms.now/news/fbi-chief-shown-in-raucous-locker-room-celebration-during-olympics-trip”>Patel’s misconductspecifically his drunken behaviorwhich he has denied, “extremely alarming.”

“If true, they demonstrate a gross dereliction of your duty and a betrayal of public trust,” Van Hollen said.

In a loud exchange, Patel then accused Van Hollen of “drinking margaritas with felons,” alluding to a photo Van Hollen has said was staged when he went to El Salvador to visit Kilmar Abrego Garciaa Maryland man who was illegally deported.

“You drink during the day, that’s you,” Patel said.

Asked by Van Hollen if he would take a test to determine whether he has a drinking problem, Patel agreed to do it alongside him.

“I’ll take any test you’re willing to take,” Patel said.

In his opening remarks, Patel touted successes under his leadership and tried to frame Van Hollen’s comments as an attack on the bureau.

“This FBI is doing a historic level of crime reduction across the country. I’m proud to lead it,” Patel said. “And if you want to cite media reporting to discredit the men and women of the FBI, go right ahead. The target’s right here. The mission’s never been more successful.”

Sen. Chris Coons, D-Del., questioned Patel about his trip to the Winter Olympics in Milan, Italy, where he was captured on video chugging beer with the U.S. men’s hockey team in a locker room. Coons asked how much the trip cost and how it furthered the FBI’s mission.

Patel did not offer a number but said that there were no major security issues involving American citizens at the Games, and that it is standard practice for the FBI and other federal agencies to work security at sporting events such as the Olympics, World Cup, F1 races and the Super Bowl.

Patel said the trip coincided with a mission to return to the U.S. a top Chinese cyber criminal who at the time was housed in Italian custody.

Patel’s appearance before the committee, alongside the heads of the DEA and the ATF, comes on the heels of new reports that the Justice Department subpoenaed journalists covering the Iran war to uncover their sources at the direction of President Donald Trump, according to CNN and The Wall Street Journal.

Trump indirectly instructed acting Attorney General Todd Blanche to investigate the reporters by placing a sticky note with the word “treason” written on it atop a stack of printed news articles, officials familiar with the matter told the news outlets.

After Blanche received the stack of articles, the DOJ issued several subpoenas, according to the reports. The department’s National Security Division was already planning to look into some of the stories’ sources, but Trump’s concern expedited the effort, one official told BLN.

The DOJ did not immediately respond to MS NOW’s request for comment on the reports. A spokesperson for the department told the Journal that “in all circumstances, the Department of Justice follows the facts and applies the law to identify those committing crimes against the United States.”

Separately, a person directly familiar with the matter confirmed to MS NOW that FBI agents have been conducting voluntary interviews of CIA officers as part of the investigation into former CIA Director John Brennan over his role in the investigation that concluded Russia interfered in the 2016 U.S. elections. Last month, the DOJ began withdrawing several subpoenas it had issued in the criminal probe of Brennan, opting instead for the voluntary interviews.

MS NOW’s Ken Dilanian and Carol Leonnig contributed to this report.

Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.

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