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1,100+ Banned Books Across 26 States: Report Shows ‘Shocking’ Censorship

Above: photo / Adobe Stock

“What is happening in this country in terms of banning books in schools is unparalleled in its frequency, intensity, and success,” said the director of PEN America’s Free Expression and Education program.

A report published Thursday by the free expression group PEN America details an “alarming” and unprecedented surge in book banning across the United States, with 86 school districts in 26 states prohibiting more than 1,100 titles in classrooms and libraries over just the past eight months.

“Book challenges in American schools are nothing new, but this type of data has never been tallied and quite frankly the results are shocking.”

Titled Banned in the USA, the report finds that districts representing 2,899 schools with a combined enrollment of more than 2 million students banned 1,145 unique book titles by 874 different authors, 198 illustrators, and nine translators between July 1, 2021 and March 31, 2022.  

In total, the new report documents 1,586 instances of individual books being banned as a right-wing censorship campaign and broader war on public education sweeps the country, prompting pushback from librariesstudents, and local residents. Some book bans have been reversed in recent months thanks to student resistance.

The top three banned titles, according to PEN America’s analysis, are “centered on LGBTQ+ individuals or touch on the topic of same-sex relationships: Gender Queer: A Memoirby Maia Kobabe banned in 30 districts, All Boys Aren’t Blueby George M. Johnson, banned in 21 districts, and Lawn Boyby Jonathan Evison, banned in 16 districts.”

Out of Darkness by Ashley Hope Pérez, a love story between a Black teenage boy and a Mexican-American girl set in 1930s Texas, was also banned in 16 districts,” the report notes. “The Bluest Eye by the late Nobel Prize laureate Toni Morrison is the fifth most banned book, in 12 districts.”

PEN compiled a list of the books subject to bans here.

Jonathan Friedman, director of PEN America’s Free Expression and Education program and lead author of the report, said in a statement Thursday that “book challenges in American schools are nothing new, but this type of data has never been tallied and quite frankly the results are shocking.”

“Challenges to books, specifically books by non-white male authors, are happening at the highest rates we’ve ever seen,” said Friedman. “What is happening in this country in terms of banning books in schools is unparalleled in its frequency, intensity, and success.”

“Because of the tactics of censors and the politicization of books we are seeing the same books removed across state lines: books about race, gender, LGBTQ+ identities, and sex most often,” Friedman continued. “This is an orchestrated attack on books whose subjects only recently gained a foothold on school library shelves and in classrooms. We are witnessing the erasure of topics that only recently represented progress toward inclusion.”

According to PEN America, Texas—where the state legislature is dominated by Republicans—leads the country with the most documented book bans at 713. Pennsylvania ranks second with 456 bans, followed by Florida with 204.

“A probing look at the surge in book bans across the country exposes an alarming pattern of mounting restrictions targeting specific stories and ideas and the widespread abandonment of established procedures aimed to safeguard the First Amendment in public education,” said Suzanne Nossel, PEN America’s CEO.

“By short-circuiting rights-protective review processes,” Nossel added, “these bans raise serious concerns in terms of constitutionality, and represent an affront to the role of our public schools as vital training grounds for democratic citizenship that instill a commitment to freedom of speech and thought.”

PEN’s report also raises concern over state legislators’ increasing introduction and approval of “educational gag orders to censor teachers, proposals to track and monitor teachers, and mechanisms to facilitate book banning in school districts.”

The group notes that 175 educational gag order bills have been introduced in 40 U.S. states and 15 such measures have become law in 13 states.

“Parents and community members deserve a voice in shaping what is taught in our schools,” Nossel said Thursday. “But the embrace of book bans as a weapon to ward off narratives that are seen as threatening represents a troubling retreat from America’s historic commitment to the First Amendment rights of students.”

Originally published on Common Dreams by JAKE JOHNSON and republished under Creative Commons license (CC BY-NC-ND 3.0).

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iPhone Subscription Service Could Launch This Year according to Gurman

photo / Apple

Are Hardware Subscriptions a Bad idea? Perhaps, but it might be perfect for power users

There has been, over the last few years, a gradual push within Apple (and, god knows the world at large) for more subscriptions and more bundling of products across the entire ecosystem.

This is also, in my view, part of a larger planned convergence of all products and services into a giant Apple universe of products that ‘just work. The rumors are based on the new report by Bloomberg’s Mark Gurman where he claims to have knowledge of the matter and says he expects this concept to launch in late 2022 or early 2023.

There is already an iPhone upgrade program which allows you to pay as you go and get a new iPhone yearly, however this is no a true subscription model. A closer analog would be the Apple One bundle, an all-in-one subscription program for up to six apple services.

They include Apple Music, Apple TV +, Apple Arcade, iCloud+, Apple News +and Apple Fitness +. The monthly charge for Apple One ‘Premier’ which as it sound is the full package is only a little more than half of what the cost would be for the individual items.

And since an iCloud storage upgrade to 2 TB is included, the actual cost benefit is even higher for users that wold be upgrading to that level of iCloud storage anyway.

The fact is that many so called ‘power users’ upgrade often at full price and get a new Apple device yearly, or even buy multiple new devices at least every other year.

Good for Apple, of course, how about the rest of us?

While many industries and companies are working hard to make a transition to monthly subscription services that include hardware, for everything from web sites trying to re-imagine the auto-leasing program parameters in a way that is permanent with the ability to upgrade periodically, to a hardware subscription service like the software plus hardware bundle from Peloton Interactive inc.

Although this relentless drive to create a new subscription service for hardware products in addition to the already nearly ubiquitous presence of subscriptions in digital services, which is, generally, a set fee per month is standard for a plethora of software and web based products.

With Apple products becoming more integrated into the ecosystem of software, hardware and services that interact and even synergistically support each other, it only makes sense that this has the potential, again, to make the most sense for the most avid users of Apple hardware.

From the perspective of tech giants like Apple Inc., having a large percentage of recurring sales guaranteed through monthly payments, would enable the financing of the inevitable new yearly iterations of new versions of its major devices, and could be seen as a new way, perhaps a better way, to capitalize for the research and development those many new hardware deices require.

Having long since committed to a schedule that guarantees new models for nearly all it’s hardware every year, which often include a reduction in the price of the device, free upgrades (mostly for software), a hardware subscription program such as the one we could imagine (based on the Apple One example above but for hardware) would be a hot topic, if not Apple’s biggest push internally.

A hardware subscription bundle, by any other name…

Naturally there are many ways this could play out. How the cost of an iPhone (based on a one to two year upgrade cycle) would jive with the cost of the phone divided by twelve or even twenty four is one possible configuration.

There’s also the question of current installment plans and how they would be handled for presumed upgraders, if various perks such as fresh hardware, free Apple Care, the freedom to move to the iPhone of their choice, all, however, with lack of true device ownership. Or perhaps even the merger of Apple One services such as the Apple Music Subscription into a huge ‘bundle of bundles’.

Bottom line? Make it juicy and they will come…

Of course, those like myself (and maybe you?) who might be potential users of the program are waiting to hear… drumroll please…. a specific price, a date, either this year or next year, and the hardware lineup included.

Would this be just iPhone or also iPad or Apple Watch, even Mac? Or a truly massive new program that would be the biggest of all monthly installment programs in the world today, and would include everything from fitness content, to a menu of hardware and software, to a magical calculation of your Apple Worth Rank that would allow you to get more devices, software and services the higher that the cost of devices would be.

And all of the above, or whatever actually comes to pass, divided by a second magic number between 12-18 and then calculated to be a little more than half (oh Apple is so clever at this) of the full original prices and then charged to Apple Card users at a slight discount and the rest of us on a normal monthly basis.

If your head is spinning but you are still reading this, you might actually be one of the few that would embrace the upcoming service and would be happier with a determined monthly fee for the plethora of Apple products that you know you will consume anyway for the rest of your life.

By the same token, if you are insanely upset at even the notion, let us know in comments below.


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Elon Musk’s Latest Tweet Says it All, or Does it?

Perhaps in a moment of incoherence, this three-tweet set was launched. It is just plain goofy (unless he is buttering up “the right” for after mid-terms…?)

In what looks like some kind of twisted attempt at being diplomatic, Elon Musk’s latest tweet manages to clarify his stance regarding “free-speech“ about as much as a mud bath clarifies a cupcake.

Leading off with a bizarre attack on what he Calls “the far left “, he explains that it is his contention that they “hate everyone including themselves”.

Standing alone this is already a bizarre statement, which seems like a far right talking point, typical of the Joe Rogan school of anti-cancel culture and anti-so-called “woke-mob”.

He follows this up with a disclaimer of sorts, as bland as it can be stating that he is “no fan” of the far right, either.

One would have to be forgiven if they thought that this implied, in its very wording, an actual bias toward the far right which is what many already believe.

Ending his three-tweet soufflé on the flat “Let’s have less hate and more love” the responses, not surprisingly, were a very loving mix of WTF and ????

To be fair, there were also lots like this:

And this:

But, the way his tweets were so oddly posted, there was definitely a sense among “lefties” that he was biased. And it didn’t take a genius, but merely @cjwalker21, to retort:

It actually seems odd, that Elon Musk would wade (or dive head first) into a “left vs. right” argument that has no hope of any kind of resolution. And pretending that the disagreements are equal on some level and love can just be ratcheted up as if it was cheap rocket fuel, seems odd…

Then, in what’s gotta qualify as “far left’ in Elon’s book, this gem:

https://twitter.com/Grizzy_333/status/1520210804330704897?s=20&t=4N4AdzxcqVPa3BiO9XkCjg

Honestly, if you just look at the numbers, maybe you don’t see taxes as the answer, but considering the company Elon is in (Zuckerberg and Bezos?) there’s clearly something wrong with this picture?

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Building the “Big Lie”: Inside the Creation of Trump’s Stolen Election Myth

By the time Leamsy Salazar sat down in front of a video recorder in a lawyer’s office in Dallas, he had grown accustomed to divulging state secrets. After swearing to tell nothing but the truth so help him God, he recounted that he was born in Venezuela in 1974, enlisted in the army and rose through its special operations ranks. He described how in 2007 he became the chief of security for Hugo Chávez, the Venezuelan leader whose electoral victories had been challenged by outside observers and opposition parties. After Chávez died in 2013, Salazar said he provided intelligence on top Venezuelan officials involved in drug trafficking to American law enforcement agencies, which had helped him defect.

After about 45 minutes of Salazar telling his life story, the lawyer questioning him, Lewis Sessions, abruptly changed the course of the conversation. “I want to take a moment to get off the track,” said ​​Sessions, the brother of Republican Rep. Pete Sessions of Texas. “Why are you here? What has motivated you to come forward?”

“I feel that the world should know — they should know the truth,” Salazar answered. “The truth about the corruption. About the manipulation. About the lies.”

“The truth about what?” Sessions asked.

“In this case, it’s the manipulation of votes,” Salazar said. “And the lies being told to a country.”

That morning of Nov. 13, 2020, Salazar had a new sort of intelligence to share. He claimed to know that the 2020 U.S. presidential election had been rigged — and how.

Speaking through an interpreter, Salazar said that when he worked for Chávez, he had attended meetings in which the administration discussed how to develop specialized software to steal elections with representatives from Smartmatic, a voting technology company whose founders had ties to Venezuela.

He recalled that during the 2013 presidential election, in a secret counting center in Caracas, the capital, he saw officials use software to change votes in favor of Chávez’s successor, Nicolás Maduro, after the polls closed. Watching the 2020 American election, he said, he noticed votes for Joe Biden jumping in a pattern that he thought was similar.

When Sessions asked if Salazar could draw a connection between the events in Venezuela and the recent American election, Salazar replied, “I can show the similarity.” In the 2020 election, Smartmatic machines were only used in Los Angeles, but Salazar explained away this discrepancy. He claimed that the company’s software had been “purchased” by Dominion Voting Systems, whose machines were used in such battleground states as Arizona, Georgia, Michigan, Pennsylvania and Wisconsin — all of which had gone to Biden, sealing his victory over Donald Trump.

Salazar said in a subsequent court filing that he had taken his concerns about the election to “a number of reliable and intelligent ex-co-workers of mine that are still informants and work with the intelligence community.” (He did not specify whether he meant the U.S. or Venezuelan intelligence community.) From there, sources told ProPublica, his concerns reached a former intelligence officer active in Republican politics and then the conservative lawyer Sidney Powell.

Powell was on the hunt for just such information.

By the second week of November, it had become known in right-wing circles that she was working behind the scenes with the president’s legal team to challenge the results of the election. In an email to ProPublica, Sessions wrote that he “conducted the interview at the request of a person working with Sidney Powell’s legal team.” The day after the interview, Trump made Powell’s position official with an announcement on Twitter.

The following morning, Powell traveled to South Carolina, where a loose coalition of lawyers, cybersecurity experts and former military intelligence officers were gathering on a plantation owned by the defamation lawyer Lin Wood to search for evidence of election fraud. One person present at the plantation said that Wood and Powell treated the Salazar video “like the holy grail of evidence.” (In an email to ProPublica, Wood wrote that he was not part of any coalition and that he had only seen “a few minutes” of the video, in which he had “no interest beyond general curiosity.” Powell did not respond to requests for comment.)

There was just one problem. Salazar’s claims were easily disprovable. Hours after the video was recorded, Trump campaign staffers reviewed some allegations about Dominion that were almost identical, and it took them less than a day to discover they were baseless. The staffers prepared an internal memo with section headings that read: “Dominion Has No Company Ties To Venezuela,” “Dominion And Smartmatic Terminated Their Contract In 2012” and “There Is No Evidence That Dominion Used Smartmatic’s Software In The 2020 Election Cycle.” Independent fact-checkers came to the same conclusions.

Dominion later released a statement calling a version of these allegations that Powell pushed in a lawsuit, “baseless, senseless, physically impossible, and unsupported by any evidence whatsoever.” A lawyer for Smartmatic wrote to ProPublica: “There are no ties between Dominion Voting Systems and Smartmatic — plain and simple.” He added that “Salazar’s testimony is full of inaccuracies,” strongly denied that Smartmatic’s technology was designed to steal Venezuelan elections, and said the company, which operates worldwide, has “registered and counted over 5 billion votes without a single security breach.” (Salazar did not respond to requests for comment.)

Salazar’s story was just one of many pieces of so-called evidence that members of the coalition have offered as proof that the 2020 election was rigged. That unfounded belief has emerged as one of the most potent forces in American politics. Numerous polls show that over two-thirds of Republicans doubt the legitimacy of the 2020 election. Millions of those Republicans believe foreign governments reprogrammed American voting machines.

ProPublica has obtained a trove of internal emails and other documentation that, taken together, tell the inside story of a group of people who propagated a number of the most pervasive theories about how the election was stolen, especially that voting machines were to blame, and helped move them from the far-right fringe to the center of the Republican Party.

Those records, as well as interviews with key participants, show for the first time the extent to which leading advocates of the stolen-election theory touted evidence that they knew to be disproven or that had been credibly disputed or dismissed as dubious by operatives within their own camp. Some members of the coalition presented this mix of unreliable witnesses, unconfirmed rumor and suspect analyses as fact in published reports, talking points and court documents. In several cases, their assertions became the basis for Trump’s claims that the election had been rigged.

Our examination of their actions from the 2020 election to the present day reveals a pattern. Many members of the coalition would advance a theory based on evidence that was never vetted or that they’d been told was flawed; then, when the theory was debunked, they’d move on to the next alternative and then the next.

The coalition includes several figures who have attracted national attention. Retired Army Lt. Gen. Michael T. Flynn, who served briefly as national security adviser to Trump before pleading guilty to lying to law enforcement about his contacts with Russian officials, is the most well known. Patrick Byrne, the former CEO of Overstock.com who left his position after his romantic relationship with the convicted Russian agent Maria Butina became public, is the coalition’s chief financier and a frequent intermediary with the press. Powell, who represented Flynn in his attempt to reverse his guilty plea, spearheaded efforts in the courts.

Before Powell arrived at the plantation, Wood had filed a lawsuit in federal court in Atlanta against Georgia Secretary of State Brad Raffensperger that sought to stop him from certifying Biden’s victory. Soon after Powell showed up, Wood submitted an anonymized declaration from Salazar as evidence of how the election was corrupted. He then filed an emergency motion that sought access to Dominion machines in Georgia to “conduct a forensic inspection of this equipment and the data therein.” The case was eventually dismissed, but it would serve as a template for the series of high-profile lawsuits that Powell would file in Arizona, Michigan, Wisconsin and Georgia.

Salazar’s declaration was central to the four lawsuits, and it went further than the assertions he had made in the video. His claim that he could show “the similarity” between anomalies in Venezuelan and American elections expanded to become an allegation that “the DNA of every vote tabulating company’s software and system” in the United States was potentially compromised.

Wood told ProPublica, “I was not involved in the vetting, drafting or filing any of the lawsuits filed by Sidney Powell,” though his name appears as “of counsel” in all four. A judge sanctioned him in the Michigan case, writing that “while Wood now seeks to distance himself from this litigation to avoid sanctions, the Court concludes that he was aware of this lawsuit when it was filed, was aware that he was identified as co-counsel for Plaintiffs, and as a result, shares the responsibility with the other lawyers for any sanctionable conduct.”

All the lawsuits would fail, with judges excoriating the quality of their evidence. It wasn’t just the evidence in the lawsuits that was flawed. In fact, much of the evidence that members of the coalition contributed to the stolen election myth outside the courts was also weak. Yet the coalition’s failure to prove its theories has not hindered its ability to spread them.

This is the story of how little untruths added up to the “big lie.”

When Powell and Rudy Giuliani, who was leading the Trump campaign’s legal team in challenging the vote, began investigating election fraud in November 2020, they quickly were inundated with tips. This flood increased once Wood and others began soliciting evidence on far-right message boards and mainstream social media platforms.

Some of the participants at the plantation described the inundation of claims, which overwhelmed their inboxes, as a type of evidence in itself: There must be something to allegations of election fraud if so many people were making them. ProPublica spoke to eight sources with firsthand knowledge of the coalition’s efforts on the plantation, many of whom said they worked relentlessly in a chaotic environment. Tips that easily could have been dismissed as dubious instead were treated as credible.

In examining hundreds of emails sent to the plantation, ProPublica found that some were hearsay or anecdotes seemingly misinterpreting everyday events; others were internet rumors; and many were recycled narratives that some members of the coalition had pushed on social media. None of the tips that ProPublica examined provided concrete proof of election fraud or manipulation.

One of the first tips Powell and Giuliani promoted came from Joe Oltmann, a Denver-based conservative podcast host who said he had infiltrated an antifa conference call and had heard a high-level Dominion employee named Eric Coomer declare that he would make sure that Trump lost the election. Powell and Giuliani highlighted Oltmann’s claim at a press conference on Nov. 19, 2020, at the Republican National Committee headquarters.

By that time, Powell was paying for an investigator to travel to Denver, according to a person familiar with the events. The investigator, the source said, interviewed Oltmann at a brewery in Castle Rock, Colorado, and spent several days checking out his story. Not long after the press conference, according to the source, the investigator emailed Powell his assessment that Oltmann was at the very least embellishing, but she did not respond.

Powell soon referred to Oltmann’s allegations in court filings in Georgia and Michigan; roughly a week later, she submitted an affidavit from Oltmann in the Arizona and Wisconsin lawsuits. Coomer has denied being on the call and has brought a defamation suit against Oltmann, Powell, Giuliani, the Trump campaign and others. Oltmann has never presented proof of Coomer being on the call, and in March 2022, the judge overseeing the defamation case sanctioned Oltmann, fining him almost $33,000 for failing to appear for a deposition. When Powell was asked in a July 2021 deposition if she had anyone look into Oltmann and “his background,” she said she did not recall. (Oltmann did not provide responses to questions about the investigator’s assessment.)

Within days of the investigator’s Oltmann probe, Powell turned to another dubious witness: Terpsehore Maras, a QAnon-promoting social media influencer and podcaster who goes by the online handle Tore Says.

In September 2020, in a civil consumer-fraud judgment in North Dakota, Maras had been found to have made false online charitable fundraising solicitations and to have created “an entirely fake online persona.” (Maras has claimed that the allegations against her remain “unproven” despite the legal finding and that “false identities were imperative for me to execute my duties,” which include being a “former private intelligence contractor, whistleblower, and investigative journalist.”)

Powell filed a declaration in early December 2020 from an anonymous individual in the Arizona and Wisconsin lawsuits. The individual claimed that there was “unambiguous evidence” that “foreign interference is present in the 2020 election” and pointed to a vast and unproven conspiracy that involved Dominion, George Soros, a company with an office in China, and the Clinton, George W. Bush, and Obama administrations. The Washington Post later identified the declaration’s author to be Maras.

In the weeks after the election, Maras presented herself to Byrne as knowledgeable about election fraud. But he discovered that she was unreliable after he had a team of investigators debrief her. Byrne and Maras said the debriefing occurred after Powell filed the declaration.

In an email to another witness he had debriefed, Byrne described the investigators’ assessment: “Tore was taken out and interviewed by some people I know from the intelligence community who are absolutely on our side. They came back telling me: ‘She knows some things and has been behind the curtain, but she also lies, exaggerates, deflects, changes subject rapidly trying to throw people off, and we cannot rely on her for anything factual because we caught her in too many lies and exaggerations over three hours.’” (“I tried my best to deceive” the debriefers, Maras wrote on her blog in response to questions from ProPublica. “I was scared.”)

Byrne has since repeatedly promoted Maras’ right-wing activism, as he does in this September 2021 video, some of which revolves around questioning the legitimacy of the election. (“She’s a friend and an ally, and I know that she’s a little goofy,” Byrne told ProPublica in an interview, explaining that he had recently been impressed by work she had done on their shared causes. “I think she has relevant knowledge.”)

Byrne, Powell and other coalition members weren’t just relying on witness statements in their effort to prove the election was rigged. Some of them also pointed to multiple mathematical analyses. One that Powell and Byrne advanced came from a man named Edward Solomon. In the weeks after Nov. 3, 2020, Solomon produced a series of online videos purporting to demonstrate how algorithms adjusted the vote total in Biden’s favor.

Before Byrne and Powell highlighted Solomon’s voting analysis, he came to public attention briefly in 2016, after authorities seized 240 bags of heroin, 25 grams of cocaine and weapons from his home; he later pleaded guilty to selling drugs. (Solomon did not respond to requests for comment.)

One person who coalition members entrusted to vet Solomon’s analysis was Seth Keshel, a former Army intelligence officer who was brought into the group by Flynn and who acknowledged to ProPublica that his mathematical expertise drew from “a long track record of baseball statistics.” In the end, his level of expertise didn’t matter; because of a server error, the emailed request to vet Solomon never reached Keshel, who said he had no memory of checking Solomon’s claims.

Byrne used Solomon’s analysis in his book, “The Deep Rig,” to make the case that the election was fraudulent. In February 2021, a month after the book was published, the University of Pennsylvania’s FactCheck.org reported that officials at the college Solomon had attended said that, though he had been a math major, he had never received a degree. The article quoted experts who pointed to flaws in Solomon’s analysis, especially that the “vote shares” he suggested were suspicious were “not at all surprising,” and a Georgia elections official who said that Solomon “shows a basic misunderstanding of how vote counts work.”

A paper posted that month by University of Chicago and Stanford researchers found that the numbers Solomon had said were suspicious were normal for a fraud-free election and that by not considering this, his analysis was a classic example of how “fishing for a finding” can “lead an argument astray.”

Byrne kept promoting Solomon’s work until at least July 2021, when he described him in a blog post as a “Renowned Mathematician.”

Five months after the FactCheck.org story and the research paper, Powell was asked in a sworn deposition which mathematicians or statisticians she relied on to support her belief that the election was fraudulent. She cited among others a “Mr. Solomon.”

In addition to relying on the flawed claims of Salazar, Oltmann, Maras and Solomon, Powell also promoted the assertions of an Arizona woman named Staci Burk, who had contributed to two fraud rumors after the election. In the first, Burk claimed that she’d spoken with a worker at a FedEx operations center in Seattle who had observed suspicious canvas bags marked as “election mail ballots” passing through the facility. The second involved a South Korean airplane flying fake ballots for Biden into Phoenix a few days after the election; Burk said that she had recorded a man who had confessed to the scheme.

A lawsuit that Powell filed in Arizona on Dec. 2, 2020, later included a “Jane Doe” witness who would “testify about illegal ballots being shipped around the United States including to Arizona.” Burk told ProPublica that she was the “Jane Doe.” The same day that Powell filed the Arizona lawsuit, she claimed at a rally outside of Atlanta to have evidence of “a plane full of ballots that came in,” and she continued pushing the idea, declaring in a Dec. 5 interview with the host of a YouTube channel, “We have evidence of a significant plane-load of ballots coming in.” The judge tossed the case before Burk could testify.

Burk’s theories proved false, and at least three coalition members were informed of this. Byrne said that he passed Burk’s claims to a contact at the Department of Homeland Security, who told him about a week later that it “had been looked into and there was nothing there.” This was in November 2020, before Powell filed her lawsuit. Byrne said that he let some of his associates know that Homeland Security had dismissed the claim but was unsure if he informed Powell. (He also said that later his contact showed renewed interest in the idea.)

In late December, James Penrose, a former senior official for the National Security Agency who had been at the plantation and described himself as working for Wood and Powell, called Burk and explained that he had spent $75,000 on a team of former FBI analysts turned private investigators to check out the theories. On the call, which she recorded, Penrose said that the investigators had tracked the claims about the South Korean airplane to the person who first made them. “When he was pressed, that guy admitted that he made it up because he hated the MAGA people that he worked with. And he was purposely trying to troll them by saying he saw ballots on the plane,” Penrose told Burk. “That created the rumor.” The man whom Burk recorded confessing to his involvement in the ballot scheme told Penrose’s investigators that in trying to impress Burk “he fabricated everything.”

“I mean, are you saying that it — that none of it’s true?” Burk asked. Penrose replied: “Yes. I’m saying that the entire thing was fabricated. It’s all bullshit.”

Penrose’s team had also checked out the Seattle FedEx incident, and he told Burk, “We’re not able to confirm anything that looked like conspiracy along those lines.”

Neither Penrose nor anyone associated with the coalition ever publicly released the findings of the investigation. (Penrose did not respond to requests for comment.)

Burk has since renounced her belief in the rumors she had once backed. “I obviously made a mistake believing lies,” Burk wrote to ProPublica. She said she had come to believe that some members of the coalition had manipulated her and her stories to further their ends. “As things unfolded over time, it became apparent I [was] used as a theatre set piece.”

Burk’s stories would shape the audit of the election results that Arizona legislators would later authorize — and which Byrne, Flynn, Powell, Wood and other associates helped fund, contributing about $5.7 million. The 2021 audit was criticized by elections experts and uncovered no proof of fraud.

“You have no idea how widespread the belief is in Arizona to this day that there’s 300,000 ballots that were brought in via an airplane,” said Doug Logan, a coalition member who worked with Penrose on the plantation and whose company Cyber Ninjas would run the audit. Logan said that Penrose told him that the woman’s theories were false. Still, Logan said, he had auditors examine ballots to check a range of theories, including whether bamboo fibers were mixed into the paper, which auditors believed could show that they were imported from Asia. “Our goal in the audit was to figure out what’s really true and deal with it,” Logan told ProPublica. “That’s why we did paper examination.”

No fibers were found.

Few pieces of evidence were more consequential to the stolen-election theory than a report that claimed to have found evidence of intentional election fraud in Dominion voting machines in Antrim County, Michigan. It was heralded as technical proof that votes were stolen for Biden. It was repeatedly promoted by the president. And Byrne and other proponents of the stolen election myth continued to refer to it when speaking to ProPublica reporters.

However, one of the authors of the report recently told ProPublica that the original version never found definitive evidence of election fraud in the Antrim voting machines.

“There was no proof at that specific moment,” the author, Conan James Hayes, said. He described finding what he considered a surprising number of errors in the data logs that he thought “could lead to” election fraud. “But there was no, like, ‘There was election fraud,’” he said, “at least at that time in my mind.”

Antrim had been the subject of national attention when, on election night, returns showed that Biden had unexpectedly won the Republican stronghold. The next day, the county clerk, a Republican who supported Trump, explained that officials had discovered that a clerical error had switched roughly 3,000 votes from the president to Biden. After the clerk’s office made corrections, Trump, as expected, had won the county with more than 60% of the vote.

Internal documents reviewed by ProPublica reveal that some members of the coalition almost immediately suspected that the mistake in Antrim was not human error. Rather, it was an incident in which the voting machine software hadn’t been surreptitious enough in stealing votes and unintentionally revealed itself. Their logic was simple: If they could do a forensic audit of the Antrim machines, they could finally establish how the election was stolen. The challenge was how to access the machines.

The day after Thanksgiving 2020, Byrne paid for a private plane to fly two cybersecurity specialists working with the coalition to Antrim: Hayes, a former professional surfer who had taught himself about computers, and Todd Sanders, a Texas businessman with a cybersecurity consulting business. Hayes and Sanders were turned away from the first two offices they tried, but at a third, a county worker agreed to unroll voting tabulation scrolls, which they photographed.

Highlighting discrepancies in the vote tally produced by the error, a Michigan lawyer won a court order to allow the machines to be formally accessed. On Dec. 6, Hayes, Sanders, a deputy for Giuliani and data forensic specialists engaged by Wood flew to Antrim, again on a private plane paid for by Byrne, and imaged the hard drives of a computer that was the county’s election management server.

Hayes and Sanders returned to Washington, where they examined the data and, in less than a week, assembled a report. Hayes and another individual familiar with the original version described it as a straightforward technical document, which noted aspects about the data that seemed suspicious but was cautious about claiming election fraud. Then the report was turned over to Russell J. Ramsland, the head of Allied Security Operations Group, a small security contracting company connected to Texas conservative circles.

When the report was released after a court hearing on Dec. 14, it was a very different document, according to Hayes and the other person familiar with the original version. It had “REVISED PRELIMINARY SUMMARY, v2” and Ramsland’s name at the top and his signature at the bottom, and it made an outright accusation. “The Dominion Voting System is intentionally and purposefully designed with inherent errors to create systemic fraud and influence election results,” it claimed. “This leads to voter or election fraud.” Allied Security, it said, had discovered enough proof of election fraud to decertify the results in Antrim.

Hayes’ and Sanders’ names were nowhere on the report. Hayes told ProPublica that the new “information must have been written by” Allied Security. (Sanders did not respond to repeated requests for comment.)

It wasn’t just people associated with the original report who believed Ramsland’s version was flawed. An analysis commissioned by the Michigan secretary of state found that the report contained an “extraordinary number of false, inaccurate, or unsubstantiated statements,” including that “the errors in the log file do not mean what Mr. Ramsland purports them to” and were instead “benign” lines of code generated by processes that did not affect the vote outcome. A bipartisan investigation led by Republican legislators in Michigan declared that the Antrim theories are “a complete waste of time to consider.” (Ramsland did not respond to ProPublica’s questions about revising the report. But he did tell The Washington Post that the Michigan analysis only addressed 12 of Allied Security’s 29 “core observations.”)

Trump supporters immediately seized on the report as definitive proof that the election was rigged. Flynn tweeted, “MI forensics report shows a massive breakdown in national security & must be dealt w/ immediately. @realDonaldTrump must appoint a special counsel now.” Byrne and Flynn lobbied for Powell to become the special counsel.

In a statement, Giuliani said: “This new revelation makes it clear that the vote count being presented now by the democrats in Michigan constitutes an intentionally false and misleading representation of the final vote tally. The Electors simply cannot be certified based on these demonstrably false vote counts.” (Giuliani did not respond to requests for comment.)

Byrne described the report as a “BOMBSHELL,” posting it on his blog under the claim: “You wanted the evidence. Here is the evidence.”

Trump tweeted: “WOW. This report shows massive fraud. Election changing result!” Over the next three days, on social media, he promoted the Antrim report and suspicions about Dominion voting machines 11 times.

Late on the afternoon of Dec. 14, Trump’s personal secretary sent an email to the deputy attorney general with the subject line “From POTUS.” The Antrim report was attached to the email. An additional document included talking points (“This is a Cover-up of voting crimes”) and conclusions (“these election results cannot be certified in Antrim County”). That email launched Trump’s attempt to persuade the Department of Justice to assist in overturning the election results, according to a 2021 report by Senate Democrats. In the end, the deputy attorney general rebuffed the president, and officials in the department threatened to resign en masse if he was replaced.

When Trump demanded that Georgia Secretary of State Brad Raffensperger “find 11,780 votes,” enough for him to win the state, in a recorded phone call on Jan. 2, the president mentioned the Dominion conspiracy 10 times.

At the Jan. 6 “Save America” rally on the Ellipse, directly before Trump spoke, Giuliani took the stage and suggested that halting the certification of Biden’s victory was justified because of “these crooked Dominion machines.”

Trump’s speech emphasized the “highly troubling matter of Dominion Voting Systems” and the events in Antrim to explain that the election had been stolen.

Not long after, while Trump supporters made their initial assault on police barricades, Republican Rep. Paul Gosar of Arizona was on the House floor objecting to the certification of his state’s electoral votes — the beginning of the effort to block the certification of Biden’s victory by Congress. He cited as evidence “the Dominion voting machines with a documented history of enabling fraud.” About a minute later, Gosar’s speech was interrupted and then cut off. The crowd was storming the Capitol. One person in the throng raised a sign that read, “No Machines Dominion STEALS.”

In the aftermath of the attack on the Capitol, many of the same people who had pushed the claims about Dominion repackaged their theory of how the election was stolen. It relied on the same data and the same arguments, except now it had a new name.

This transformation happened after Dominion’s parent company filed a lawsuit against Powell for defamation in a Washington court on Jan. 8. She and others began talking less about Dominion and more about voting machines in general. Dominion would go on to sue Byrne, Giuliani and others for billions of dollars in collective damages, contending that they promoted and in some cases manufactured false claims. The defendants have each denied responsibility or wrongdoing. (Smartmatic USA Corp. also brought defamation suits against Powell, Giuliani and others, all of whom have denied wrongdoing.)

By the summer of 2021, Hayes and Sanders, the two cybersecurity specialists who had performed the Antrim operation, had become involved in an effort to prove a theory called Hammer and Scorecard. The theory had been making the rounds in conservative circles for more than five years, and Powell had promoted it before the 2020 election. It posited that a supercomputer called Hammer had been developed by the CIA and then commandeered by the Obama administration to spy on Americans, including Trump, Flynn and Powell. Around the time of the election, the theory expanded to suggest that Hammer was using a software called Scorecard to alter results in voting machines and that foreign governments had possibly gotten ahold of it.

Part of the usefulness of Hammer and Scorecard is that built into the theory is an explanation for why it can’t be disproven: It is so top secret that the person who could expose the conspiracy can’t. That person is a former Department of Defense contractor named Dennis Montgomery. The people promoting the theory claim he can’t reveal the evidence because he’s under a gag order imposed by the U.S. government.

Phil Waldron, a former Army colonel, a spokesperson for Allied Security and a member of the coalition who worked remotely with those on the plantation, said in an online interview that if the gag order against Montgomery were lifted, “Specifically what that would reveal is the level of foreign interference in the election.”

Montgomery has been accused of fraud by former associates, though no criminal charges have resulted from those accusations. In the aftermath of 9/11, he allegedly duped the Department of Defense and other federal agencies out of more than $20 million in part by selling them software that he claimed could unearth messages to terrorist sleeper cells hidden in Al-Jazeera broadcasts. (It does not appear that the government ever attempted to get the money back.) Once those claims collapsed, allies of Montgomery began spreading the idea of Hammer. In 2018, a federal judge in the U.S. District Court for the District of Columbia dismissed a suit Montgomery had filed against FBI Director James B. Comey, which attempted to expose an alleged government spy program, calling it “a veritable anthology of conspiracy theorists’ complaints.” (Montgomery did not reply to repeated requests for comment, but in the past he has denied the fraud accusations.)

The person behind the 2021 campaign pushing Hammer and Scorecard was Mike Lindell, the My Pillow magnate who has claimed to have poured about $35 million into efforts to prove the 2020 election was fraudulent. In July 2021, Lindell announced that he had gotten hold of a mysterious set of data that would prove the election was stolen. According to sources and messages reviewed by ProPublica, the data related to Hammer and Scorecard, though Lindell didn’t publicly name the theory or refer to Montgomery.

Lindell said he would reveal the data at a three-day “cyber symposium” he was hosting in August 2021 in Sioux Falls, South Dakota. Reporters, cybersecurity experts and elected officials — as well as anyone tuning in online — would finally see the proof that the election was fraudulent. Lindell said that independent cybersecurity experts would vet 37 terabytes of data at the symposium and posted an online offer of a $5 million reward to any attendee who could prove that “this cyber data is not valid data from the November 2020 election.” The event, he suggested, would result in Trump being returned to the presidency.

In the run-up to the symposium, before the independent experts did their analysis, the data was given to a group that included Waldron, Hayes, Sanders and Joshua Merritt, a self-described “white hat” hacker — all of whom had been associated with Allied Security at one time or another. (They called themselves the “Red Team” but coordinated on a group chat named “Purple Unicorns.”) Also on the team was Ronald Watkins, who has been identified by two independent forensic linguistic analyses as “Q,” the anonymous figure behind the QAnon conspiracy theory. (Watkins has denied on numerous occasions that he is Q; he did not respond to requests for comment.) Private communications reviewed by ProPublica show that he was in contact with people at the plantation in November 2020, advising them on how to set up secure systems to transfer information and helping with research into the Dominion theory.

Soon after arriving at Sioux Falls, it became evident to the Red Team that the data Lindell had provided wasn’t what was promised. “I have checked them all and they are NOT PROOF,” Watkins wrote in a text message to the rest of the team. “So there are a few files that could potentially be from hammer/scorecard in there, but that is only because it didn’t include a source. Since there is no source, it could be from anywhere — or even fake.”

“At the 11th hour, why do we still have zero proof,” another person on the chat wrote, frustrated that Montgomery hadn’t delivered on his guarantees. “If this software does exist, and the developer” — Montgomery — “is working with us, it shouldn’t take him 10 months to figure out how to extract data” that would prove his assertions.

According to Merritt, when the Red Team tried to inform Lindell two nights before the symposium was to start that the data contained no proof, the CEO yelled at them that they were wrong.

For months leading up to the event, conservatives who believed that the 2020 election was stolen had warned Lindell or an attorney working with him that promoting Hammer and Scorecard risked discrediting other efforts to prove the election was rigged. Two people, including election fraud activist Catherine Engelbrecht, the executive director of True the Vote, cautioned that they had had negative experiences with Montgomery and his representatives and that Hammer and Scorecard wasn’t credible, according to documents viewed by ProPublica and interviews with people familiar with the matter.

On the eve of the symposium, the Red Team learned that Montgomery would not be attending; he said he had suffered a stroke. The final proof of election fraud, which he was supposed to deliver last minute, was no longer going to arrive.

The event drew hundreds of thousands of viewers online, with more than 40 state legislators and others gathering in person. Onstage with Lindell, Waldron explained that the Red Team had looked at the data and “we’ve seen plausibility” and that a separate group of independent analysts would now comb through it.

By the end of the third day, the independent analysts — longtime election security and computer experts, some skeptical of Lindell’s claims and others sympathetic — appeared to have reached a consensus: None of the data contained the proof that Lindell had promised, according to accounts from five of them. In fact, much of the data turned out to be from the Antrim voting machines or harvested from other elections offices and was just a recycling of evidence that had already been discredited.

The data “was some gobbledygook,” said Bill Alderson, a cybersecurity specialist from Texas who had voted for Trump. Merritt told ProPublica that he feared that the hollowness of the data undermined other, more legitimate efforts to prove the election was stolen. Partway through the symposium, The Washington Times quoted him saying that “we were handed a turd.”

Waldron and Lindell, however, did not inform the crowd and those online what the analysts had found. On the last day of the conference, Waldron claimed to have “credible information on a threat in the data streams,” implying the evidence could have been sabotaged.

The day after the symposium ended — the day he had suggested that Trump would be returned to office — Lindell dined with the former president at Mar-a-Lago, a photo of which was leaked to Salon. At a rally, not long after, Trump called the symposium “really amazing,” and he has continued to praise Lindell’s efforts on his behalf. Lindell did not respond to a list of questions from ProPublica and instead wrote, “The election crime movement started November 3rd when the CCP” — the Chinese Communist Party — “and many others did a cyber attack on our election!”

In March 2022, ProPublica sent dozens of letters to the individuals named in this article and others that asked about factual problems with the evidence many had put forth as proof that the election was rigged.

Some of the responses were dismissive. “Stupid article,” wrote Michael T. Flynn’s spokesperson and brother, Joseph J. Flynn. “No one we care about will read it.”

Others contested the article’s findings. Russell J. Ramsland wrote, “So much of this narrative is false or highly misleading that I am not willing to respond point-by-point.”

Despite repeated requests, others did not respond. They include Sidney Powell, James Penrose, Phil Waldron and Todd Sanders.

Some, like Doug Logan, disputed that they had worked as part of a coalition. Others, however, felt it was an accurate description. “I was a member of said coalition,” wrote Seth Keshel.

“‘Coalition’ may not be the right word,” wrote Patrick Byrne, who said that he has spent $12 million on “election integrity” efforts through early 2022, often working in close coordination with Flynn. “We think of it as a network of fellow-travelers who were all volunteering to work to expose what we believed was a rigging of the election on November 3. But I can live with ‘coalition.’” Messages and documents reviewed by ProPublica reveal that the named individuals were in closer contact than has been publicly known, especially in the weeks immediately following the election.

On the whole, coalition members who responded to ProPublica doubled down on their belief in the stolen election myth. “I’ve not wavered on this,” Keshel emailed ProPublica. “I can spend hours with you showing you point after point after point to demand full investigation of this.” The single exception was Conan James Hayes, who wrote to ProPublica: “I don’t believe anything until I have all of the information to analyze, which to this point I do not have. So I can’t say either way.”

Over the course of months, Byrne acted as a champion of sorts for the coalition’s ideas, making himself available for numerous interviews and message exchanges. He also sent a 16,000-word letter in response to more than 80 fact-checking questions.

When presented with evidence that some of his past claims had proven incorrect, he acknowledged that there were instances when he and his allies had been wrong, especially when they were trying to interpret shifting information in the weeks after the election. He downplayed the weight they had put on claims about Dominion voting machines being exploited by foreign governments, though their own court filings and public statements from the time show this was their major claim. “I think that it’s picking at nits to look back at some of the stuff,” he said. He defended the coalition, saying, “I think they got the gestalt of it correct.”

Don’t pay attention, Byrne argued, to the many parts of the Antrim report that a technical expert commissioned by the Michigan secretary of state had debunked. (These errors included Allied Security’s central contention that Dominion machines were “purposefully designed” to create “systemic fraud” through a process known as “adjudication.”

The machines in question did not have the “adjudication” software installed, according to the Michigan analysis.) Instead, Byrne stressed that what was now important was the claim that the voting machines’ security logs only went back to the day after the election, making it impossible to rely on any data on them. (The Michigan secretary of state expert found that logs were automatically overwritten to free up memory and that “the timing appears to be a coincidence,” though it said that having a limited amount of memory “is contrary to best practice.”)

Dominion voting machines, South Korean jets and Dennis Montgomery, Byrne suggested, weren’t central to the case. He repeatedly turned the conversation toward newer arguments for election fraud. He highlighted a March 2021 interim election audit report from a special counsel hired by Republican legislators in Wisconsin.

The report’s primary claim was that a nonprofit had engaged in “election bribery” by providing funds to boost voter turnout in five urban areas, where voters are disproportionately Democratic. The special counsel raised the possibility that the report’s findings were serious enough that Biden’s victory in the state could be decertified. (A federal judge in October 2020 rejected the argument that the nonprofit’s work was illegal, and courts have repeatedly come to the same conclusion.)

Byrne continued to bring up new, supposedly bombshell claims. In his letter to ProPublica, he promoted a forthcoming documentary called “2000 Mules” by conservative activist Dinesh D’Souza that alleged that thousands of shadowy operatives filled drop boxes across the nation with ballots marked for Biden. “Videotapes of drop boxes, cell phone tower pings, and the testimony of a whistleblower,” Byrne wrote, “all point to about one million votes being stuffed” in Georgia.

There was always another report. Another debunking of the debunking.

Byrne acknowledged that no single piece of smoking gun evidence of election fraud had emerged, but he argued that the breadth of evidence that he and those with similar views had assembled made it inconceivable that elections weren’t corrupted.

What he was doing was necessary to save American democracy, Byrne had concluded. He was sure of it. “I’ve got my cards. You got your cards,” he said. “I’ll go all in.”

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Originally published on Propublica by Doug Bock Clark, Alexandra Berzon and Kirsten Berg and republished under a Creative Commons License (CC BY-NC-ND 3.0)

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How Trump Could Actually Steal the 2024 Election

The same people behind the January 6 insurrection are now trying to overthrow the government in a slow-motion coup.

If they succeed, you can kiss our democracy goodbye. 

Trump ultimately failed to overturn the 2020 election because a few election officials — secretaries of state in particular — rightfully certified the results despite heavy pressure from him and his enablers to overturn them.

In 37 states, the secretaries of state are the chief elections officers. That means they oversee elections and voter registration. In 2020, they held the United States’ rickety democracy together by certifying Joe Biden’s win.

But what happens if secretaries of state won’t protect democracy? 

In most states, they are elected. And it’s precisely those elections that Trump and his cronies are targeting.

Trump’s choice in Georgia is Jody Hice (high-se), who voted against certifying the 2020 election in the Georgia House.

His choice in Michigan is Kristina Karamo (kah-rah-mo), who falsely claimed to have witnessed election fraud as a pollster.

In Arizona, Trump has endorsed Mark Finchem (fin-chum), a QAnon-supporting member of the Oath Keepers militia who participated in the January 6 insurrection.

At least 20 other candidates now running for secretary of state do not believe in the legitimacy of the 2020 election.

They’re part of a quiet movement kicked off by former Trump advisor Steve Bannon

The plan is to take over the machinery of our democracy from the ground up – so that in the 2024 presidential election, only Trump loyalists will be certifying elections. 

[CLIP: “We’re taking action. And that action is we’re taking over school boards, we’re taking over the Republican Party through the precinct committee strategy. We’re taking over all the elections.”]

Thousands of Republicans who have taken up Bannon’s call have also signed up to be local elections officials and poll workers. 

We can’t allow our democracy to be overtaken like this. 

These positions, especially secretaries of state, are the last lines of defense in a democracy. 

And we’ve seen what happens when secretaries of state put partisan interests ahead of election integrity.

In 2018, Brian Kemp ran Georgia elections as its secretary of state — while he was running for governor against Stacey Abrams. During his tenure, Kemp oversaw the purging of almost 1 and a half million voter registrations and the closing of more than 200 polling places. In the weeks leading up to the election, he put more than 50,000 voter registrations on hold, 70% of which belonged to Black people. He won by 55,000 votes.

And remember back in the 2000 presidential election, when Al Gore won the popular vote? Nonetheless, Florida Secretary of State Katherine Harris, who had been co-chair of George W Bush’s statewide campaign, ended up calling Florida for Bush, which handed him the election. 

Trump and Bannon’s goal is to replicate these abuses across America and put into power Trump loyalists who care more about electing Trump than upholding democracy. 

Voter suppression is nothing new. But it’s now occurring on a scale we haven’t seen before: an entire party’s election strategy aimed at thwarting the will of voters.

So what can we do about this?

First, spread the word about the GOP’s authoritarian plan. Make sure your friends and family know what the stakes are this fall.

Next, get involved locally. Volunteer to be a poll worker or join a campaign. From school boards to secretaries of state, every position matters.

And of course, vote! Check your registration early and make a plan to cast your ballot.

In 2020, millions of people organized, volunteered, and voted to keep American democracy alive. We, the people, must  work to elect public servants who will uphold democracy and stand up to those who are hellbent on undermining it. 

Let’s get it done.

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Former Trump Aide Mark Meadows involved in ongoing voter fraud allegations

The former Trump chief of Staff has been “administratively removed” from the voter rolls in the state of North Carolina. 

Officials are currently investigating whether or not he was fraudulently registered to vote and cast a ballot for the 2020 presidential election. This comes as county election officials discovered he was registered in both North Carolina and Virginia. 

Meadows represented NC in Congress up until March 2020 when he went to work for Trump at the White House.  

Director for the Macon County Board of Elections, Melanie Thibault told CNN Meadows lived in Virginia and last voted in the 2021 election there. 

Records showed that Meadows last voted in Macon County, North Carolina for the 2020 general election via absentee by mail. The investigation shows that he registered to vote weeks before the 2020 election at a mobile home where Meadows and his wife never allegedly lived or visited as reported by CNN

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When are book bans unconstitutional? A First Amendment scholar explains

There was a surge in book banning in 2021. photo credit / Adobe Stock

Erica Goldberg, University of Dayton

The United States has become a nation divided over important issues in K-12 education, including which books students should be able to read in public school.

Efforts to ban books from school curricula, remove books from libraries and keep lists of books that some find inappropriate for students are increasing as Americans become more polarized in their views.

These types of actions are being called “book banning.” They are also often labeled “censorship.”

But the concept of censorship, as well as legal protections against it, are often highly misunderstood. A 2021 campaign ad for Virginia GOP gubernatorial candidate Glenn Youngkin focuses on a book with what one mother claimed was “explicit material.”

Book banning by the political right and left

On the right side of the political spectrum, where much of the book banning is happening, bans are taking the form of school boards’ removing books from class curricula.

Politicians have also proposed legislation banning books that are what some legislators and parents consider too mature for school-age readers, such as “All Boys Aren’t Blue,” which explores queer themes and topics of consent. Nobel Prize-winning author Toni Morrison’s classic “The Bluest Eye,” which includes themes of rape and incest, is also a frequent target.

In some cases, politicians have proposed criminal prosecutions of librarians in public schools and libraries for keeping such books in circulation.

Most books targeted for banning in 2021, says the American Library Association, “were by or about Black or LGBTQIA+ persons.” State legislators have also targeted books that they believe make students feel guilt or anguish based on their race or imply that students of any race or gender are inherently bigoted.

There are also some attempts on the political left to engage in book banning as well as removal from school curricula of books that marginalize minorities or use racially insensitive language, like the popular “To Kill a Mockingbird.”

Defining censorship

Whether any of these efforts are unconstitutional censorship is a complex question.

The First Amendment protects individuals against the government’s “abridging the freedom of speech.” However, government actions that some may deem censorship – especially as related to schools – are not always neatly classified as constitutional or unconstitutional, because “censorship” is a colloquial term, not a legal term.

Some principles can illuminate whether and when book banning is unconstitutional.

Censorship does not violate the Constitution unless the government does it.

For example, if the government tries to forbid certain types of protests solely based on the viewpoint of the protesters, that is an unconstitutional restriction on speech. The government cannot create laws or allow lawsuits that keep you from having particular books on your bookshelf, unless the substance of those books fits into a narrowly defined unprotected category of speech such as obscenity or libel. And even these unprotected categories are defined in precise ways that are still very protective of speech.

The government, however, may enact reasonable regulations that restrict the “time, place or manner” of your speech, but generally it has to do so in ways that are content- and viewpoint-neutral. The government thus cannot restrict an individual’s ability to produce or listen to speech based on the topic of the speech or the ultimate opinions expressed.

And if the government does try to restrict speech in these ways, it likely constitutes unconstitutional censorship.

What’s not unconstitutional

In contrast, when private individuals, companies and organizations create policies or engage in activities that suppress people’s ability to speak, these private actions don’t violate the Constitution.

A school board in Tennessee in February 2022 ordered the removal of the award-winning 1986 graphic novel on the Holocaust, ‘Maus,’ by Art Spiegelman, from local student libraries.

The Constitution’s general theory of liberty considers freedom in the context of government restraint or prohibition. Only the government has a monopoly on the use of force that compels citizens to act in one way or another. In contrast, if private companies or organizations chill speech, other private companies can experiment with different policies that allow people more choices to speak or act freely.

Still, private action can have a major impact on a person’s ability to speak freely and the production and dissemination of ideas. For example, book burning or the actions of private universities in punishing faculty for sharing unpopular ideas thwarts free discussion and unfettered creation of ideas and knowledge.

When schools can ‘ban’ books

It’s hard to definitively say whether the current incidents of book banning in schools are constitutional – or not. The reason: Decisions made in public schools are analyzed by the courts differently than censorship in nongovernment contexts.

Control over public education, in the words of the Supreme Court, is for the most part given to “state and local authorities.” The government has the power to determine what is appropriate for students and thus the curriculum at their school.

However, students retain some First Amendment rights: Public schools may not censor students’ speech, either on or off campus, unless it is causing a “substantial disruption.”

But officials may exercise control over the curriculum of a school without trampling on students’ or K-12 educators’ free speech rights.

There are exceptions to government’s power over school curriculum: The Supreme Court ruled, for example, that a state law banning a teacher from covering the topic of evolution was unconstitutional because it violated the establishment clause of the First Amendment, which prohibits the state from endorsing a particular religion.

School boards and state legislators generally have the final say over what curriculum schools teach. Unless states’ policies violate some other provision of the Constitution – perhaps the protection against certain kinds of discrimination – they are generally constitutionally permissible.

[Over 150,000 readers rely on The Conversation’s newsletters to understand the world. Sign up today.]

Schools, with finite resources, also have discretion to determine which books to add to their libraries. However, several members of the Supreme Court have written that removal is constitutionally permitted only if it is done based on the educational appropriateness of the book, but not because it was intended to deny students access to books with which school officials disagree.

Book banning is not a new problem in this country – nor is vigorous public criticism of such moves. And even though the government has discretion to control what’s taught in school, the First Amendment ensures the right of free speech to those who want to protest what’s happening in schools.

Erica Goldberg, Associate Professor of Law, University of Dayton

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Trump Interview touches Ivanka, Jan. 6th Regrets and More

In new interview with The Washington Post today, ‘former guy’ Donald Trump ramped up his replies like someone about to run for re-election.

He commented on the fact that his daughter, Ivanka, was interviewed by the January 6th committee for eight hours this week and declared that this was a “shame and harassment”, while also stating that he did not know what she had or hadn’t divulged to the members of the committee.

Trump also said that he did not know what Jared Kushner, Ivanka’s husband, had said to the committee, but that he had offered both Ivanka and Jared “privilege” if they wanted it. Both of them declined, according to Trump.

Regarding the now ‘infamous’ 7 hour and 37 minute gap in the call logs for then President Trump on January 6th , which took place precisely as the Capitol building was being violently assaulted by his followers, Trump claimed that he had not destroyed any logs from that day and that he did not make any calls on any “burner phones”.

While claiming that he has a “very good” memory, he also stated that he was unable to recall who he had talked to during the time of the gap on January 6th.

“From the standpoint of telephone calls, I don’t remember getting very many” he said, adding subsequently, “Why would I care about who called me? There was nothing sensitive about it. There was no secret”.

Plotting or plodding, the announcement to run still unspecified

Overall the interview comes across as guarded, if Trump’s loose cannon style could ever be described that way.

Many of the topics, other than the comments on the January 6th committee above, were variations on themes Trump has used while he waits to officially declare (or not) for the 2024 Presidential race.

Mentioning the previous comments he had made regarding his health being a factor in his decision to run (or not) in 2024, Tump said that, while that was a consideration, he was currently in good health and then elaborated:

“You always have to talk about health. You look like you’re in good health, but tomorrow, you get a letter from a doctor saying come see me again. That’s not good when they use the word again,”

Continuing his now trademarked tease regarding the official decision to run he then closed with:

“I don’t want to comment on running, but I think a lot of people are going to be very happy by my decision,” adding: “Because it’s a little boring now.”

Not boring was the announcement today, via press release, that a motion has been filed to hold Trump in contempt and levy a $10k per day fine if he fails to comply.

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NY Attorney General files for Trump to be held in Contempt and $10,000 daily fine

photo collage / Lynxotic

The New York’s attorney general, Letitia James, filed a motion requesting from a state judge to hold Donald Trump in contempt. The former president has continually failed to comply with the official ruling that he turn over necessary documents. The details were in a press release published today by the office.

The judge had ordered Trump to follow the order for documents and information initially by March 3rd and was later extended further to a March 31st deadline. The state AG office reportedly requested documents on 8 separate occasions, and according to the filing, Trump has yet to produce any of the subpoenaed documents and on top of that has raised objections about it.

In a statement, James said “The judge’s order was crystal clear: Donald J. Trump must comply with our subpoena and turn over relevant documents to my office,” continuing he said “Instead of obeying a court order, Mr. Trump is trying to evade it. We are seeking the court’s immediate intervention because no one is above the law.” 

In addition to the New York state attorney general is asking the judge to issue an order of contempt, the ruling also has requested that Donald Trump be fined $10,000 each day until he complies with the ruling and provides the requested documentation. 

In the filing it states: “The Trump Organization is not presently searching any of Mr. Trump’s custodial files or devices, and has no intention of doing so between now and April 15, 2022”.

As reported by the NYT a spokesperson for the Trump Organization responded to the AG’s request as both “baseless” and the investigation referred to as a “witch hunt“.

On a very busy April 7th for the Trump ‘non-campaign’ an interview with The Washington Post was also published today. In this somewhat guarded interview Trump answered queries on the January 6th committee’s interviews with Ivanka and Jared, and on his intentions to declare himself as a candidate for the 2024 Presidential election.

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Ukraine war: inside the complex web of Russia’s warring intelligence agencies

Russian intelligence chief Sergey Beseda and his deputy, Anatoly Bolyukh, were placed under house arrest on March 9. Beseda and Bolyukh oversaw the foreign intelligence branch of the FSB, which is the Russian security service. They were allegedly the main proponents of the assumption that Ukraine would swiftly collapse, which has proved deeply flawed.

But, as has become increasingly clear over many years, Vladimir Putin has become intolerant of opinions that contradict his preferred course of action. So although the intelligence was flawed, Beseda’s claims likely manipulated facts to fit what the Russian president wanted to believe. Having led the foreign intelligence branch since 2009, it is likely Beseda knew what his boss wanted to hear. Yet both he and Bolyukh have taken the blame for the wider invasion failure.

Putin has been living in a virtual bunker. The presidential administration, his primary information source, is a secretive organisation and has been feeding Putin a controlled information flow for over a decade. The institution acts as a gatekeeper to Putin and blocks non-positive intelligence from reaching him.

This twisting of facts to fit a particular worldview is only part of the problem. Another factor is that the different security services compete and undertake their own projects in the hope that this pleases Putin.

The Federal’naya Sluzhba Bezopasnosti (FSB) or Federal Security Service, is one of many agencies. While the FSB is commonly thought of as a domestic intelligence agency, it also operates in other post-Soviet countries, except the Baltic states. Meanwhile the Sluzhba Vneshney Razvedkiis (SVR), or Foreign Intelligence Service is involved in foreign intelligence gathering outside the post-Soviet space. The Federalnaya Sluzhba Okhrany (FSO), or Federal Protective Service, protects high-ranking officials. The Glavnoye upravleniye (GU), or Main Directorate – previously the GRU – is military intelligence.

The Rosgvardiya, or National Guard, which was created in 2016, is not strictly an intelligence agency but is effectively Putin’s praetorian guard. It is increasingly involved in external operations and has a direct line to Putin through its chief, Viktor Zolotov. He was Putin’s personal bodyguard from 2000 to 2013 before becoming minister of internal affairs and head of the internal troops from 2014 to 2016.

Spy v spy

Ostensibly the different Russian security services are like their western counterparts. But the FSB in particular is more carnivorous than its western equivalents, having largely consumed the signal-intelligence service, FAPSI. Putin as a former KGB Officer himself views them as crucial to his personal survival and making Russia great again. In 2020 Russia spent 5.5 trillion roubles (US$69 billion) on the security services. This amounts to 28% of the annual budget or 3.5 times the amount spent on health and education combined.

This comes at a price, though, with Putin demanding results. Each service is aware that they need to come up with the scariest crisis – or intelligence that fits Putin’s worldview – to increase their budget and influence. One example of this scare tactic was FSB chief, Aleksandr Bortnikov, claiming that the 2012 Siberian forest fires were the work of al-Qaeda. Scare tactics and only providing positive information to Putin results in a lack of coherence.

Each security service jealously guards its own territory and views the others with suspicion. This makes working together for a common good difficult. This rivalry is intense, and is built on a combination of mistrust and wanting Putin’s attention. In particular, the FSB appears to have the highest level of mistrust for other services and is constantly sniping at them. Competition also occurs at the intra-service level, with different groups conducting their own policies sometimes to the detriment of the agenda of their own branch.

All this makes for a very confusing picture, which is likely by design. By having inter and intra-service rivalries, the security services are too focused on their own jealousies, rather than other issues. With the war not going to plan there have also been murmurings that some security personnel are considering a coup.

Isolated and out of touch

Increasingly Putin’s inner circle is getting smaller and there is a growing level of mistrust and discontentment both by and against Putin. Rosgvardiya deputy Roman Gavrilov resigned in March over alleged claims of leaking information. Like Zolotov, Gavrilov was part of Putin’s personal bodyguard and when Zolotov tried to intervene, Putin refused to see him.

In the past month, eight generals have allegedly been sacked, in another sign that Putin is growing more isolated. His rambling speech and potted history in the build-up to recognising the independence of the two Donbas people’s republics were from someone who appears increasingly out of touch.

Since the pandemic’s start, Putin was isolated in a bunker with disinfection tunnels and largely sequestered from face-to-face meetings. The March 18 rally at Moscow’s Luzhniki stadium is one of many pointers that Putin remains in – or very close to – a bunker, only appearing for crucial meetings.

The long table in the Kremlin is another sign that Putin fears face-to-face meetings. For years, he has had food tasters. This creates a certain paranoia and the Ukraine conflict – and before it the pandemic – has turbocharged it.

Putin has long believed he is the most informed politician in the world. But this simply is not the case. Like the emperor with no clothes, Putin suffers from a warped reality where only positive information is allowed. This is what makes the current Ukrainian conflict particularly dangerous.

Stephen Hall, Lecturer (Assistant Professor) in Politics, International Relations and Russia, University of Bath

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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As Consumers Pay, Oil CEO’s Refuse to Testify to Congress About Soaring Prices

“While Americans struggle with high gas prices, these companies are doing victory laps, showering their already wealthy executives and shareholders with billions in stock buybacks and bonus compensation,” said one watchdog group. “They should be ashamed.”

As people across the United States face record-high gas prices—compounded by rising grocery bills and prices for other essentials—executives at three major oil companies are refusing to testify before Congress about what their firms could do to lessen the burden on U.S. households, leaving Democratic lawmakers and consumer advocates to condemn the companies for profiting amid lower and middle-class people’s financial pain.

Rep. Raúl M. Grijalva (D-Ariz.), who chairs the House Natural Resources Committee, had invited the CEOs of EOG Resources Inc., Devon Energy Corp. and Occidental Petroleum Corp. to testify next week, only to be rebuffedTuesday by the executives, who have personally profited off gas prices which averaged $4.24 per gallon on Monday.

“I invited these companies to come before the committee and make their case, but apparently they don’t think it’s worth defending,” Grijalva said in a statement Tuesday. “Their silence tells us all we need to know—that cries for more drilling and looser regulations are nothing more than another age-old attempt to line their own pockets.

Since oil and gas prices began rising earlier this year as traveling and commuting increased, and went up further following Russia’s invasion of Ukraine in February, the fossil fuel industry has claimed the Biden administration should release more permits for drilling on public lands and accelerate approval of permits for building energy infrastructure, with the American Petroleum Institute pushing for what Grijalva called “a domestic drilling free-for-all” earlier this month.

Lawmakers including Grijalva have argued that the companies could easily stabilize gas prices immediately, considering the billions of dollars in profits EOG Resources, Devon Energy, and Occidental Petroleum raked in last year.

Instead, watchdog group Accountable.US said Tuesday, Occidental Petroleum planned to use $3 billion for stock buybacks in 2022, while Devon Energy gave nearly $2 billion in share buybacks and dividends to shareholders last year. EOG Resources gave CEO William R. Thomas a $150,000 raise in 2021, making his total compensation $9.8 million.

“We want to work with them to reduce gas prices, but it seems as though they’re too busy taking in record profits while refusing to pass savings on to consumers,” said Rep. Mike Levin (D-Calif.), a member of the Natural Resources Committee.

Rep. Mark Pocan (D-Wis.) sarcastically expressed empathy for the “spineless” executives who refused to testify before Grijalva’s committee.

“It is hardly surprising that EOG Resources, Devon Energy, and Occidental Petroleum are dodging accountability by refusing to testify in Congress,” said Kyle Herrig, president of watchdog group Accountable.US. “While Americans struggle with high gas prices, these companies are doing victory laps, showering their already wealthy executives and shareholders with billions in stock buybacks and bonus compensation. They should be ashamed.”

Grijalva noted that while the industry has used the Russian invasion of Ukraine to call for even more freedom to drill for oil and gas, fossil fuel companies hold leases on 26 million acres of land.

“These same companies already have over 9,000 approved permits they can use whenever they want,” Grijalva told Public News Service on Tuesday. “And the very companies with thousands of acres of existing leases and hundreds of unused permits are the same ones shouting that they need more land for drilling.”

According to Accountable.US, the three companies refusing to speak to Grijalva’s committee “are among the top leaseholders of public lands oil and gas leases with 4,114 leases covering nearly 1.5 million acres.”

Companies including BP, Chevron, Exxon Mobil, and Shell have also been invited to testify at upcoming hearings on their business practices and impacts on consumers. In February, board members from the four companies refused to testify about the firms’ climate pledges.

Senate Majority Leader Chuck Schumer (D-N.Y.) noted last week that oil prices dropped in recent days, but no savings were passed onto consumers.

“The bewildering incongruity between falling oil prices and rising gas prices smacks of price gouging and is deeply damaging to working Americans,” Schumer said last week. “The Senate is going to get answers.”

Originally published on Common Dreams by JULIA CONLEY  and republished under Creative Commons (CC BY-NC-ND 3.0).


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Suggesting Kremlin Regime Change, Biden says Putin ‘Cannot Remain in Power’

The remarks, though later walked back by the White House, are the most explicit yet from the U.S. president that he sees no future for Putin as Russia’s head of state.

Above: Photo Collage / Lynxotic / Pixels / Adobe Stock

Originally published by JON QUEALLY March 26, 2022 in CommonDreams.ORG

Bucking those who warn that a push for regime change in Moscow could prolong the war in Ukraine and intensify the suffering of its people, U.S. President Joe Biden appeared to openly call for the overthrow of Russian Vladimir Putin on Saturday during a speech in Warsaw, Poland.

“Whenever the United States tried regime change, it didn’t turn out very well.”

While applauding the international unity that has mobilized to condemn and push back against the Russian invasion of Ukraine, a war now entering its second month, Biden suggested it has now become intolerable for Putin to remain.

Near the very end of his speech, Biden declared, “For God’s sake, this man cannot remain in power.”

“Whenever the United States tried regime change, it didn’t turn out very well.”

The remarks were the most explicit yet from the U.S. president that he sees no future for Putin as Russia’s head of state, but the comment also raised immediate alarm bells among those who recognized that such rhetoric could make it harder to a negotiated peace settlement to take hold or for the diplomatic strategy known as the “Golden Bridge” which would allow for a dignified exit from hostilities.

In a Democracy Now! interview that aired Friday, former Greek finance minister Yanis Varoufakis explained why Putin must be given a viable exit strategy—not because he isn’t a contemptible war criminal, which Varoufakis readily admitted—but because it would be the fastest way to end the invasion and mass slaughter of innocent Ukrainian civilians.

“What is exactly the aim?” asks Varoufakis during the exchange. “Is it regime change in Russia? Well, whenever the United States tried regime change, it didn’t turn out very well, and has never been tried with a nuclear power. This is like playing with fire, or nuclear fire, I should say. If it’s not regime change, what exactly is it?”

In his assessment, Varoufakis said that if Biden and his NATO allies are “not leaving any room for a compromise” with Putin, then they are “effectively jeopardizing the interests of Ukrainians, because a quagmire in—an Afghanistan-like quagmire in the Ukraine is not exactly in the interests of any Ukrainian I know of.”

“The President’s point was that Putin cannot be allowed to exercise power over his neighbors or the region. He was not discussing Putin’s power in Russia, or regime change,” said the official.

Following the walk back, Varoufakis responded on Sunday morning by saying the need for such a clarification is itself a worrying sign.

“A U.S. president who, during an atrocious war, does not mean what he says on matters of war and peace, and must be corrected by his hyperventilating staff,” said Varoufakis, “is a clear and present danger to all.”

Update: This piece was updated to include news comments from Varoufakis.

This article was first published on Common Dreams and republished under Creative Commons license (CC BY-NC-ND 3.0)


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7.3 Magnitude Earthquake off Coast of Japan: Triggers Tsunami Warning

Photo Credit / USGS.GOV

A 7.3 magnitude earthquake hit Japan near the north-east coast of Fukushima Wednesday March 16.  According to Reuters one fatality has been reported along with 69 injuries.  Authorities have issued a tsunami warning with residents in costal areas told to evacuate. 

More than 2 million homes lost power, as reported by NPR, The Japanese Meteorological Agency said the quake hit at 11:36 P.M. at a depth of 36 miles below the sea. 

One person is reported dead and dozens of people are believed to have suffered injuries.

In some areas it was reportedly too forceful for people to stand, and buildings rattled in the Tokyo, according to AFP.

The quake jolted the region just a week shy of the anniversary of the devastating 9.0 earthquake and tsunami that happened back in March 2011. 

The earthquake was felt in Tokyo, 170 miles away. 

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House Committee Issues Subpoena to Top Trump Fundraiser Kimberly Guilfoyle

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The U.S. House of Representatives select committee investigating the Jan. 6 attack on the Capitol issued a subpoena on Thursday to Kimberly Guilfoyle, a top fundraiser for former President Donald Trump and the fiancee of his son, Donald Trump Jr.

The subpoena cites a text message Guilfoyle sent to former Trump campaign adviser Katrina Pierson, in which Guilfoyle claims to have raised millions of dollars for the rally that preceded the Capitol riot. The text exchange was first reported in November by ProPublica.

In the text, Guilfoyle wrote that she “raised so much money for this. Literally one of my donors Julie at 3 million.” She was referring to Julie Jenkins Fancelli, a Publix supermarket heir and the biggest known funder for the Jan. 6 rally. Fancelli previously did not respond to ProPublica requests for comment on the matter.

The subpoena, which seeks to force Guilfoyle to hand over documents and appear for a deposition, also stated that she “communicated with others” about the speaking lineup for the Jan. 6 rally and met with Trump and members of his family in the Oval Office that morning.

Guilfoyle is the first member of the Trump family circle to be subpoenaed by the select committee. Guilfoyle and Trump Jr. announced their engagement in January. She was appointed national chair of the Trump Victory finance committee in January 2020 and was put at the helm of the former president’s super PAC last fall.

The subpoena is another indication that the committee is becoming increasingly aggressive in its investigation into the Capitol attack. In documents filed in a civil case in a California district court on Wednesday, the committee said for the first time that it had evidence that could potentially lead to criminal charges against the former president for his actions leading up to the Jan. 6 attack, including obstructing an official proceeding of Congress and conspiracy to defraud the United States. The committee would refer any potential criminal charge to the Justice Department to decide whether to prosecute. Trump has denied any wrongdoing.

The step comes almost a week after Guilfoyle walked out of a meeting with the committee after initially agreeing to answer questions about the events of Jan. 6. According to a statement from her lawyer last week, Guilfoyle left the meeting because she was concerned members of the committee would leak information from the interview to the press.

In September, citing ProPublica reporting, the committee sent subpoenas to Pierson and Caroline Wren, a Republican fundraiser who served as Guilfoyle’s deputy during the 2020 campaign. The committee subsequently issued subpoenas to threecloseadvisers to Trump Jr. and Guilfoyle.

In a statement, Joe Tacopina, Guilfoyle’s attorney, said the subpoena was a politically motivated abuse of power and that Guilfoyle will answer questions truthfully. “She has done nothing wrong,” he said. In November, Tacopina said the texts to Pierson were not about the Jan. 6 rally and threatened to “aggressively pursue all legal remedies available” against ProPublica. At the time, Pierson declined to comment and Trump Jr. did not respond to emailed questions.

ProPublica previously reported that Wren told another rally organizer that she raised $3 million for the Jan. 6 rally and “parked” the funds in several dark money organizations.

Wren previously sent a statement to ProPublica from her attorney that did not address how much money was raised for the rally or how it was spent, but stated that to her “knowledge, Kimberly Guilfoyle had no involvement in raising funds for any events on January 6th.”

Guilfoyle developed a professional relationship with Fancelli during the 2020 campaign, according to documents obtained by ProPublica, and Fancelli donated $250,000 to Trump Victory shortly after receiving a call from Guilfoyle.

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.Series: The Insurrection The Effort to Overturn the Election

Originally published on ProPublica by Joaquin Sapien and Joshua Kaplan and republished under a Creative Commons License (CC BY-NC-ND 3.0)

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House January 6 Panel Accuses Trump of ‘Criminal Conspiracy to Defraud’ US

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The committee alleges that Trump and his allies engaged in a “corrupt scheme to obstruct the counting of Electoral College ballots and a conspiracy to impede the transfer of power.”

The House select committee investigating the January 6 insurrection at the U.S. Capitol said in a federal court filingWednesday that former President Donald Trump and his campaign allies committed crimes as they attempted to overturn the results of the 2020 election.

While it is not conducting a criminal investigation and does not have the power to bring charges on its own, the House panel told the U.S. District Court in the Central District of California that lawmakers have “a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the United States in violation of 18 U.S.C. § 371.”

The Justice Department is currently investigating the January 6 attack and has charged more than 225 people for taking part, but it “has not given any indication that it is considering seeking charges against Trump,” the Associated Press notes.

The House committee’s filing was submitted in response to a lawsuit by former Trump lawyer John Eastman, who is fighting the panel’s request for thousands of emails related to efforts to pressure former Vice President Mike Pence to unilaterally scrap electoral votes from states President Joe Biden won.

Eastman has cited attorney-client privilege to justify withholding the emails from the select committee, but the panel’s filing argues that the documents Eastman is shielding are not privileged.

“Communications in which a ‘client consults an attorney for advice that will serve him in the commission of a fraud or crime’ are not privileged from disclosure,” the filing states. “The evidence supports an inference that President Trump, [Eastman], and several others entered into an agreement to defraud the United States by interfering with the election certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results and federal officials to assist in that effort.”

The filing points specifically to an email it obtained showing that Eastman urged Pence’s lawyer to violate the law in an attempt to block congressional certification of Trump’s electoral loss.

“I implore you to consider one more relatively minor violation [of the Electoral Count Act] and adjourn for 10 days to allow the legislatures to finish their investigations, as well as to allow a full forensic audit of the massive amount of illegal activity that has occurred here,” Eastman wrote to Pence attorney Greg Jacob on the night of January 6, 2021.

In a statement late Wednesday, select committee chair Rep. Bennie Thompson (D-Miss.) and vice chair Rep. Liz Cheney (R-Wyo.) said the panel’s filing “refutes on numerous grounds the privilege claims Dr. Eastman has made to try to keep hidden records critical to our investigation.”

“Dr. Eastman’s privilege claims raise the question whether the crime-fraud exception to the attorney-client privilege applies in this situation,” the lawmakers wrote. “We believe evidence in our possession justifies review of these documents under this exception in camera. The facts we’ve gathered strongly suggest that Dr. Eastman’s emails may show that he helped Donald Trump advance a corrupt scheme to obstruct the counting of Electoral College ballots and a conspiracy to impede the transfer of power.”

Trump and his former aides have sought to impede the select committee’s investigation at every turn, obstructing the panel’s efforts to obtain White House documents—which the former president was notorious for destroying—and testimony from key witnesses.

Last month, the U.S. Supreme Court formally ended Trump’s attempt to prevent the committee from examining more than 700 pages of White House records related to the January 6 attack.

Originally published on Common Dreams by JAKE JOHNSON and republished under a Creative Commons license (CC BY-NC-ND 3.0).

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Over 2,100 Anti-War Protesters Arrested in Russia

More than 5,500 peace advocates have been detained across the country since Russian President Vladimir Putin launched his war on Ukraine, according to a human rights group.

Above: Photo collage – Times / Lynxotic

Russian police arrested 2,114 people at anti-war protests in 48 cities across the country on Sunday, the fourth consecutive day that demonstrators have risked their personal safety to hit the streets in opposition to Moscow’s invasion of Ukraine.

That’s according to OVD-Info, a Russian human rights group that has long documented crackdowns on civil liberties in the country. A total of 5,500 anti-war protesters have now been detained since Russian President Vladimir Putin launched a full-scale military assault on Ukraine, said the independent monitor.

As Al Jazeera reported:

Many held posters that read “No to war,” “Russians go home,” and “Peace to Ukraine.”

“It is a shame that there are hundreds, maybe thousands, of us and not millions,” said 35-year-old engineer Vladimir Vilokhonov, who took part in the protest.

Another protester, Alyona Stepanova, 25, came to the protest with a packed bag in case “we get taken away.”

“We believe it is our duty to come here,” she said.

More than 350 civilians, including 14 children, have been killed in Ukraine since the start of Putin’s attack, according to the country’s health ministry. In addition, it said that 1,684 people, including 116 children, have been wounded. According to the World Health Organization, Ukraine’s hospitals are quickly running out of oxygen supplies.

United Nations officials have said that more than 368,000 people have fled Ukraine to neighboring countries, and they estimate the war could produce four million refugees. European Commissioner for Humanitarian Aid and Crisis Management Janez Lenarcic, meanwhile, has said that the number of people displaced from Ukraine could reach seven million.

While Kyiv has agreed to attend talks with Moscow at the Ukraine-Belarus border—negotiations are reportedly set to begin Monday morning—Russia’s former deputy foreign minister Andrei Fedorov told Al Jazeera on Sunday that Putin is seeking a complete victory by Wednesday.

“Everything will depend frankly speaking on the coming two days because, according to my knowledge, Putin orders for complete military operation with a victory by March 2,” said Fedorov, who added that the Kremlin has been surprised by the strength of Ukrainian resistance and by European governments’ unified decision to impose far-reaching sanctions despite their reliance on Russian gas.

Western sanctions have “caused a lot of problems over here now,” said Federov. Some commentators argued Sunday that an economic collapse in Russia could make Putin more likely to escalate his threat to use nuclear weapons.

In a rare move, the U.N. Security Council voted for the 193-member General Assembly to hold an emergency session Monday on Russia’s invasion of Ukraine.

As the BBC explained, “the resolution, called ‘Uniting for Peace,’ allows members of the Security Council to call a special session with the General Assembly if the five permanent members (Russia, U.S., U.K., France, and China) cannot agree how to act together to maintain peace.”

Sunday’s vote to authorize an emergency meeting was supported by 11 of the Security Council’s 15 members. Russia opposed the measure while China, India, and the United Arab Emirates abstained. Even though Russia, China, and other permanent members can typically exercise veto power, is was a procedural vote and therefore only required nine votes in favor.

Linda Thomas-Greenfield, the U.S. ambassador to the U.N., said that an emergency session had been called for the first time in decades because “this is no ordinary moment.”

“We need to take extraordinary action to meet this threat to our international system,” said Thomas-Greenfield. “So let us do everything we can to help the people of Ukraine.”

The Security Council is holding another meeting on Monday at 3:00 p.m. ET to discuss Ukraine’s humanitarian crisis. On Tuesday, France and Mexico are expected to submit a Security Council resolution that calls for an immediate ceasefire in Ukraine, the protection of civilians, and a guarantee that aid can be delivered.

Russia, which on Friday blocked a Security Council resolution condemning Moscow’s “premeditated aggression” in Ukraine, is expected to prevent the passage of France and Mexico’s planned resolution.

Originally published on Common Dreams by KENNY STANCIL and republished under Creative Commons (CC BY-NC-ND 3.0)


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Know This, Trump’s Attempted Coup on Jan. 6 Was Just Practice

Above: Collage by Lynxotic, Original Photos by various

What are the institutions—public and civic—that could roll back this fast-approaching U.S.-style fascism with the snarling visage of serial criminal and constitutional violator, Donald J. Trump?

“Trump’s Next Coup Has Already Begun…” is the title of an article in the Atlantic, just out, by Barton Gellman, a Pulitzer Prize winner and author of many groundbreaking exposés. He describes the various maneuvers that Trump-driven Republican operatives and state legislators are developing to overturn elections whose voters elected Democrats from states with Republican governors and state legislatures. Georgia fit that profile in 2020—electing two Democratic senators in a state with a Republican legislature and governor.

Tragically, a majority of the U.S. Supreme Court Justices—three selected by Trump—has no problem with his usurpation of the American Republic.

Getting ready for 2024, the Georgia GOP legislature has stripped the election-certifying Secretary of State, Brad Raffensperger, of his authority to oversee future election certifications. The legislature has also given itself the unbridled authority to fire county election officials. With Trump howling his lies and backing his minion candidates, they created a climate that is intimidating scores of terrified election-precinct volunteers to quit.

Added to this are GOP-passed voter suppression laws and selectively drawn election districts that discriminate against minorities—both before the vote (purges, arbitrary disqualifications), during the vote (diminishing absentee voting, and narrowing dates for their delivery), and after the election in miscounting and falsely declaring fraud.

The ultimate lethal blow to democratic elections, should the GOP lose, is simply to have the partisan GOP majority legislators benefiting from demonically-drawn gerrymandered electoral districts, declare by fiat the elections a fraud, and replace the Democratic Party’s voter chosen electors with GOP chosen electors in the legislature.

Now take this as a pattern demolishing majority voters’ choice to 14 other GOP-controlled states, greased by Trumpian lies and routing money to his chosen candidate’s intent on overturning majority rule, add Fox News bullhorns and talk radio Trumpsters and you have the apparatus for fascistic takeovers. Tragically, a majority of the U.S. Supreme Court Justices—three selected by Trump—has no problem with his usurpation of the American Republic. All this and more micro-repression is broadcast by zillions of ugly, vicious, and anonymous rants over the Internet enabled by the profiteering social media corporations like Facebook.

Anonymous, vicious, violent email and Twitter traffic is the most underreported cause of anxiety, fear, and dread undermining honest Americans working, mostly as volunteers, the machinery of local, state, and national elections, with dedicated public servants. These people are not allowed to know the names behind the anonymous cowardly, vitriol slamming against them, their families, and children.

What are the institutions—public and civic—that could roll back this fast-approaching U.S.-style fascism with the snarling visage of serial criminal and constitutional violator, Donald J. Trump?

1. First is the Congress. Democrats impeached Trump over the Ukraine extortion but left on the table eleven other impeachable counts, including those with kitchen-table impacts (See Congressional Record, December 18, 2019).

All that is going on to deal with Trump’s abuses in any focused way on Capitol Hill, controlled by Democrats, is the House’s January 6th investigation. So far as is known, this Select Committee is NOT going to subpoena the star witnesses—Donald Trump and Mike Pence. So far, the Congress is feeble, not a Rock of Gibraltar thwarting the Trumpian dictators.

2. The federal courts? Apart from their terminal delays, it’s Trump’s Supreme Court and his nominees fill many chairs in the federal circuit courts of appeals. The federal judiciary—historically the last resort for constitutional justice—is now lost to such causes.

3. The Democratic Party? We’re still waiting for a grand strategy, with sufficient staff, to counter, at every intersection, the GOP. The Dems do moan and groan well. But where is their big-time ground game for getting out the non-voters in the swing states? Are they provoking recall campaigns of despotic GOP state legislators in GOP states having such citizen-voter power? Why aren’t they adopting the litigation arguments of Harvard Law School’s constitutional expert, Professor Larry Tribe? Where are their messages to appeal to the majority of eligible American voters who believe that the majority rules in elections? Why aren’t they urgently reminding voters of the crimes and other criminogenic behavior by the well-funded Trump and his political terrorists?

Bear in mind, the Democrats are well-funded too.

4. The Legal Profession and their Bar Associations. Aren’t they supposed to represent the rule of law, protect the integrity of elections, and insist on peaceful transitions of power? They are after all, not just private citizens; they are “officers of the court.” Forget it. There are few exceptions, but don’t expect the American Bar Association and its state bar counterparts to be the sentinels and watchdogs against sinister coup d’états under cover of delusional strongarming ideologies.

5. Well, how about the Universities, the faculties, and the students? Weren’t they the hotbeds of action against past illegal wars and violations of civil rights in the Sixties and Seventies? Sure. But that was before the Draft was eliminated, before the non-stop gazing at screens, and before the focus on identity politics absorbed the energy that fueled mobilizations about fundamental pursuits of peace, justice, and equality.

6. How about some enlightened corporate executives of influential companies? Having been given large tax reductions, sleepy law enforcement regulators, and a corporatist-minded federal judiciary, while the war contracts and taxpayer bailouts proliferate, why should they make waves to save the Republic? The union of plutocratic big business with the autocratic government is one classical definition of fascism.

7. The Mass Media. Taken together, they’ve done a much better job exposing Trumpism than has the Congress or litigation and the judiciary. However, their digging up the dirt does not come with the obvious follow-ups from their reporting and editorializing.

Covering the Ukraine impeachment, but not covering at least eleven other documented impeachable offenses, handed to them by credible voices, left them with digging hard but never hitting pay dirt. Trump has escaped all their muckraking as he has escaped all attempts by law enforcers who have their own unexplained hesitancies. If reporters do not dig intensely into just how Trump and his chief cohorts have escaped jail time and other penalties, their usual revelations of wrongdoings appear banal, eliciting “what else is new?” yawns by their public.

What’s left to trust and rely upon? Unorganized people organizing. What else! That’s what the farmers did peacefully in western Massachusetts in 1774 (See: The Revolution Came Early—1774—to the Berkshires) against the tyrant King George III and his Boston-based Redcoats?  By foot or by horse, they showed up together in huge numbers at key places. These farmers collectively stopped the takeover of local governments and courts by King George’s wealthier Tories. Their actions can teach us the awesome lessons of moral, democratic, and tactical grit—all the while having to deal with nature and their endangered crops.

What are our excuses?

Originally published on Common Dreams by RALPH NADER and republished under a Creative Commons license (CC BY-NC-ND 3.0)

Breaking: All 3 men guilty of murder in the killing of Ahmaud Arbery

A jury has found all three men charged in the killing of Ahmaud Arbery guilty of murder. Arbery was a 25- year old Black man killed last year while jogging in Brunswick, Georgia, and the murder sparked a heated national debate.

Gregory McMichael, Travis McMichael and Willian Bryan Jr. had all been charged. All three men had pleaded not guilty and and faced charges in addition to murder, aggravated assault, false imprisonment and criminal attempt to commit false imprisonment.

All men faced varying felony counts for Arbery’s murder. Gregory McMichael and Willian Bryan Jr. were found guilty on felony murder, while only Travis McMichael was found guilty on all charges, Travis being the man pulling the trigger.

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5 Key Things to Know About the Pandora Papers

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These disclosures about the how the world’s wealthy and powerful hide their vast fortunes will hopefully turn up the heat on the politicians that maintain the wealth-hiding status quo.

This week we are closely watching the disclosures emerge from the Pandora Papers, a massive leak of secret data about the illicit financial activities of the super-wealthy from 200 countries. In the days to come, we will learn more about the tax avoidance of billionaires and the ways states like South Dakota and Florida have become U.S. tax havens.

Here are Five Things You Need to Know:

1. The Largest-Ever Journalistic Collaborative, More Significant Than the Panama Papers 

The Pandora papers are a massive expose about the secret shell games and tax avoidance schemes of the world’s ultra-wealthy, from over 200 countries. This massive undertaking involved 600 journalists from 117 countries and was coordinated by the International Consortium of Investigative Journalists(ICIJ) in what they describe as the “largest-ever journalistic collaborative.”   See initial coverage here in The Washington Post and The Guardian, two of the key media outlets part of the consortium.

Five and a half years ago, the ICIJ released the Panama Papers, which focused on a leak from a single law firm, Mossack Fonseca. According to Gerald Ryle, director of the ICIJ, the Pandora Papers are the “Panama Papers on steroids.” See a summary prepared by the ICIJ here.

The Pandora papers draws on leaks from confidential records at 14 different offshore wealth service firms in Switzerland, Singapore, Cyprus, Samoa, Vietnam, Hong Kong, as well as firms in well-known tax havens such as Belize, Seychelles, Bahamas and the British Virgin Islands (BVI).  These firms help wealthy individuals and corporations to form trusts, foundations, incorporate companies, and establish other entities in low- or no-tax jurisdictions.

The Pandora Papers analyzed 12 million files from these firms including leaked emails, memos, tax declarations, bank statements, passport scans, diagrams of corporate structures, secret spreadsheets and clandestine real estate contracts. Some reveal the real owners of opaque shell companies for the first time.

2. The Global Implications Are Huge and Politicians Will Be Embarrassed 

The Pandora Papers are truly a global story, with major implications for many countries.  Some of the largest revelations involve Russian nationals with connections to Vladimir Putin and elites from Latin America. For example, journalists from the Spanish daily El Pais, exposed the “Secret Vault of Mexican Billionaires.” In Mexico they found over 3,000 wealthy and powerful Mexicans in the 11.9 million leaked files, with connections to current and previous presidents.  They discovered a common pattern of wealthy Mexican elites using a single Panamanian law firm, Alcogal (Aleman, Cordero, Galindo & Lee), along with shell companies and trusts in the British Virgin Islands, and real estate purchases in Miami and around the US. 

The Pandora Papers will hopefully turn up the heat on the politicians that maintain the wealth-hiding status quo. The files list over 330 current and former politicians and world leaders from 91 countries that are implicated in transactions. This is twice the number implicated in the 2016 Panama Papers.

Political leaders include King Abdullah II from Jordan and former British Prime Minister Tony Blair (according to The Guardian, Jordan blocked the ICIJ web site hours before the Pandora papers release). This explains why existing political bodies seem incapable of closing down systems that enable wealth hiding and tax dodging. 

“It demonstrates that the people that could end the secrecy of offshore systems… are themselves benefiting from it,” said Gerald Ryle, director of the ICIJ. “So there’s no incentive for them to end it.”

3. The US is Exposed as a Global Tax Haven 

U.S. citizens are under-represented in these leaks, largely due to where the service providers are located. No U.S. wealth-advisory firms were part of the leaks. Nonetheless over 700 companies revealed in the Pandora papers have ties to beneficial owners connected to the United States.

The Pandora Papers do, however, expose how the U.S. has become a global destination for global wealth, some of it ill-gotten. The Panama Papers, the Paradise Papers (Bermuda and Singapore) and Luanda Leaks (Angola) all reinforced the misperception that most of these financial shell games take place “off shore,” in secrecy jurisdictions and tax havens in small countries with weak banking laws.

But the Pandora Papers show that the U.S. and states like South Dakota now rival notoriously opaque jurisdictions in Europe and the Caribbean in financial secrecy. The states with the most active trusts revealed in the files were South Dakota (81), Florida (37), Delaware (35), Texas (24), and Nevada (14). 

4. Shady Billionaires from Around the World Are Going to South Dakota 

Findings suggest that South Dakota has sheltered billions in wealth linked to wealthy individuals previously accused of serious financial crimes and labor violations.  Two examples: Brazilian orange juice baron, Horst Happel, was fined $88 million in 2016 for underpaying his workers. In 2017, he moved substantial wealth to a trust in South Dakota.  Carlos Morales Troncoso was the former vice-president of the Dominican Republic. He ran a sugar company called Central Romana sugar company that was accused of human rights violations. He set up trusts for his daughters in the Bahamas that were moved, after his death, to South Dakota. The reason global money is flowing to the “Mount Rushmore State” is because of their low taxes and advantageous dynasty trusts.

5. The Pandora Papers Will Boost the Case for US Tax Reform

The Pandora Papers will hopefully give a boost to the US Congress in passing a progressive tax plan to fund the Build Back Better program—and that includes money for IRS enforcement to ensure the wealthy pay their fair share. 

As The Guardian reports: “The Pandora papers also place a revealing spotlight on the offshore system itself. In a development likely to prove embarrassing for US President, Joe Biden, who has pledged to lead efforts internationally to bring transparency to the global finance system, the US emerges from the leak as a leading tax haven.  The files suggest the state of South Dakota, in particular, is shelter billions of dollars in wealth linked to individuals previously accused of serious financial crimes.”

Originally published on Common Dreams by CHUCK COLLINS and republished under a Creative Commons license  (CC BY-NC-ND 3.0).

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New video of Trump’s Mad House outed by Grisham’s Exposé

Stephanie Grisham’s new book exposes everything she knows about the Trumps after extensive time working in the White House. Reporters with galley proofs are exposing and releasing details that paint a sordid and alarming picture of the time, even beyond past, admittedly shocking revelations.

Grisham served multiple roles during Trump’s solo term, including as aide to former First Lady Melania Trump, as Chief of Staff, in addition to an aide to Trump as his White House Press Secretary and Communications Director.

Many of the most recent revelations focus on the former First Lady.

Check it out

Reports from those who got a sneak peak at excerpts from the upcoming book, say during the 2020 election race, Melania did not stay up for results by her husband’s side, but instead spent most of the night…. asleep.

“I knew by now how much sleep meant to her,” Grisham writes, “but still, I couldn’t imagine being asleep at a time like that. Maybe she thought that someone would wake her up if Trump won.”

(Obviously he didn’t win). Although only a small little nugget of gossip, it solidifies what many have felt about the ex-FLOTUS, as her infamous green jacket implied, she really doesn’t care.

It seems like Melania Trump DOES care about her outward reputation as both unflattering images of author Grisham were leaked to press along with a statement issued by her camp about the upcoming book:

“The intent behind this book is obvious. It is an attempt to redeem herself after a poor performance as press secretary, failed personal relationships, and unprofessional behavior in the White House. Through mistruth and betrayal, she seeks to gain relevance and money at the expense of Mrs. Trump.”

I’ll Take Your Questions Now: What I Saw in the Trump White House” will be released on Oct 5 and is available to pre-order now Bookshop

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Trump Sues His Niece Mary And ‘The New York Times’ Over Tax Return Stories

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Shocking. DTJ sues his own niece, Mary Trump along with The New York Times and several reporters (Suzanne Craig, David Barstow and Russ Buettner) for obtaining his tax documents used to investigate his finances.

The 2018 article which won a Pulitzer Prize which showcased how the former president “participated in dubious tax schemes during the 1990’s including instances of outright fraud, that greatly increased the fortune he received from his parents”.

The report reveal confidential tax returns and financial records, highlight that Trump received at least $413 million from his father’s real estate empire, although he always touted himself as a “self-proclaimed” billionaire.

Above – :Bob Woodward’s new book: Peril – out and available now!

Mary Trump did confirm she had been a source of the documents to The Times as described in her book about her uncle “Too Much and never Enough: How My Family Created the World’s Most Dangerous Man”.

Trump had previously glossed over tax claims, including that he only paid $750 in federal income taxes the year he was elected, as “fake news”

Trump has made legal threats to The New York Times in the past, however this marks the first time he sued the paper using his name.

He is seeking damages in the amount of $100 million.

In a statement, Mary Trump said of her uncle,

“I think he is a loser, and he is going to throw anything against the wall he can. It’s desperation. The walls are closing in and he is throwing anything against the wall that he thinks will stick. As is always the case with Donald, he’ll try and change the subject.”

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Facebook Execs ‘Shocked’ by Zuckerberg Plan to Artificially Boost Flattering News Stories, Says Report

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Facebook’s Mark Zuckerberg is said to be working on a rebranding plan. According to The New York Times, the plan which has come to be known internally as “Project Amplify” was signed off by the CEO and included a boost of pro-Facebook stories (written by the Facebook Team) onto its billions of users.

An internal meeting back in January hatched the initiative to showcase “positive” stories about the social network platform on its largest digital real estate, the News Feed.

Based on the report from the Times, some executives present at the meeting were “shocked” by the proposal.

Project Amplify also made strong attempts for the Facebook platform to distance itself from any scandals (i.e. minimizing access to negative reports) relating to Zuckerberg, while simultaneously, ramping up new stories that provided a more flattering spin on the social network.

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