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A Colorado judge finds Trump ‘engaged in insurrection,’ but keeps him on the ballot

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A Colorado judge finds Trump ‘engaged in insurrection,’ but keeps him on the ballot

Judge Sarah B. Wallace presides over closing arguments on Nov. 15, 2023 in Denver in a hearing for a lawsuit to keep former President Donald Trump off the state ballot.

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Judge Sarah B. Wallace presides over closing arguments on Nov. 15, 2023 in Denver in a hearing for a lawsuit to keep former President Donald Trump off the state ballot.

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DENVER — A Colorado judge on Friday found that former President Donald Trump engaged in insurrection during the Jan. 6, 2021, attack on the U.S. Capitol but rejected an effort to keep him off the state’s primary ballot because it’s unclear whether a Civil War-era Constitutional amendment barring insurrectionists from public office applies to the presidency.

The lawsuit, brought by a left-leaning group on behalf of a group of Republican and independent Colorado voters, contended that Trump’s actions related to the attack ran afoul of a clause in the 14th Amendment that prevents anyone from holding office who “engaged in insurrection or rebellion” against the Constitution.

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The decision by District Judge Sarah B. Wallace is the third ruling in a little over a week against lawsuits seeking to knock Trump off the ballot by citing Section 3 of the amendment. The Minnesota Supreme Court last week said Trump could remain on the primary ballot because political parties have sole choice over who appears, while a Michigan judge ruled that Congress is the proper forum for deciding whether Section 3 applies to Trump.

In her decision, Wallace said she found that Trump did in fact “engage in insurrection” on Jan. 6 and rejected his attorneys’ arguments that he was simply engaging in free speech. Normally, that would be enough to disqualify him under Section 3, but she said she couldn’t do so for a presidential candidate.

Section 3 does not specifically refer to the presidency, as it does members of the U.S. Senate or House of Representatives. Instead, the clause refers to “elector of President and Vice President,” along with civil and military offices.

“Part of the Court’s decision is its reluctance to embrace an interpretation which would disqualify a presidential candidate without a clear, unmistakable indication that such is the intent of Section Three,” the judge wrote in the 102-page ruling.

Trump campaign spokesman Steven Cheung called the ruling “another nail in the coffin of the un-American ballot challenges.”

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“These cases represent the most cynical and blatant political attempts to interfere with the upcoming presidential election by desperate Democrats,” Cheung said in a statement.

Citizens for Responsibility and Ethics in Washington, the group that filed the case, said they would appeal to the Colorado Supreme Court.

“The Court found that Donald Trump engaged in insurrection after a careful and thorough review of the evidence,” said attorney Mario Nicolais, who was representing the voters who brought the lawsuit. “We are very pleased with the opinion and look forward to addressing the sole legal issue on appeal, namely whether Section 3 of the 14th Amendment applies to insurrectionist presidents.”

Whether it’s the Colorado case or one filed in another state, the question ultimately is likely to reach the U.S. Supreme Court, which has never ruled on Section 3. The group suing in the Michigan case, Free Speech for People, filed an appeal Thursday in state court.

Legal experts said it was significant that Wallace found Trump had engaged in insurrection. She wrote that she agreed with the petitioners’ claim that he “incited” the attack.

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“It’s a stunning holding for a court to conclude that a former president engaged in insurrection against the United States,” said Derek Muller, a Notre Dame law professor who has followed the case closely. “And there’s a good chance that, on appeal, a court bars him from the ballot.”

Trump has called the attempt to remove “election interference” funded by “dark money” Democratic groups. His attorneys argued in court that Trump was simply engaging in his First Amendment rights on Jan. 6, that he did not incite an insurrection and that Section 3 was never meant to apply to presidential candidates.

They also contended that no single judge should end a candidacy based on an interpretation of a clause that has been used only a handful of times in 150 years.

“The petitioners are asking this court to do something that’s never been done in the history of the United States,” Trump attorney Scott Gessler said during closing arguments. “The evidence doesn’t come close to allowing the court to do it.”

The petitioners argued that there is little ambiguity in Section 3, which was mainly used before Jan. 6 to prevent former Confederates from taking control of the government after the Civil War. It prohibits those who swore an oath to uphold the Constitution and then “engaged in insurrection or rebellion against the same” from holding state or federal office, unless granted amnesty by a two-thirds vote of Congress.

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During a weeklong hearing earlier this month, they called a law professor who testified that the clause was widely understood to bar former Confederates from becoming president. He also showed post-Civil War documents indicating that even an act such as buying Confederate war bonds could make someone ineligible for office.

The attorneys seeking to knock Trump off the ballot contended he was simply disqualified, as plainly as if he failed to meet the 35-year age limit for the office. That this had never happened before was a reflection, they said, on Trump and his actions.

Legal historians say Section 3 fell into disuse after Congress granted an amnesty from its provisions to most former Confederates in 1872. It was revived after the attack on the Capitol, which was intended to stop Congress’ certification of Democrat Joe Biden’s win.

The case turned on 150-year-old records from the debate over the 14th Amendment. Wallace said there is “scant direct evidence” that the measure was intended to apply to the presidency. She noted that Trump attorneys flagged a finding by one law professor that an early draft specified the presidency and vice presidency, but the final version did not. The provision also refers to “officers of the United States,” a phrase that elsewhere in the Constitution does not include the top two offices.

But the petitioners’ legal historian testified that in the years after the Civil War it was widely understood that Section 3 would prevent Jefferson Davis, the former president of the Confederacy, from being elected president of the United States. He also unearthed records from the debate in which one senator asked if the measure applied to the presidency and an author read back the “officers of the United States” language. The senator who asked the question was then convinced that it did, indeed, include the president, according to the testimony.

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“The record demonstrates an appreciable amount of tension between the competing interpretations, and a lack of definitive guidance in the text or historical sources,” Wallace wrote.

The recent cases against Trump mark a new flurry of interest in the long-ignored provision that only started to gain attention after Jan. 6.

The group that filed the Minnesota and Michigan challenges, Free Speech For People, also tried to remove Republican Reps. Madison Cawthorn and Marjorie Taylor Greene from the ballot in 2022 by citing Section 3. Cawthorn’s case became moot when he lost his primary, and a judge ruled against the lawsuit seeking to oust Greene.

CREW successfully used Section 3 to remove a rural New Mexico County Commissioner who entered the Capitol on Jan. 6 and was later convicted of a misdemeanor.

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Centenarian Pearl Harbor survivors return to honor those who were killed 82 years ago

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Centenarian Pearl Harbor survivors return to honor those who were killed 82 years ago

Pearl Harbor survivors, from left, Harry Chandler, Ken Stevens, Herb Elfring and Ira “Ike” Schab salute while the National Anthem is played during the 82nd Pearl Harbor Remembrance Day ceremony on Thursday, Dec. 7, 2023, at Pearl Harbor in Honolulu, Hawaii.

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Pearl Harbor survivors, from left, Harry Chandler, Ken Stevens, Herb Elfring and Ira “Ike” Schab salute while the National Anthem is played during the 82nd Pearl Harbor Remembrance Day ceremony on Thursday, Dec. 7, 2023, at Pearl Harbor in Honolulu, Hawaii.

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PEARL HARBOR, Hawaii — Ira “Ike” Schab had just showered, put on a clean sailor’s uniform and closed his locker aboard the USS Dobbin when he heard a call for a fire rescue party.

He went topside to see the USS Utah capsizing and Japanese planes in the air. He scurried back below deck to grab boxes of ammunition and joined a daisy chain of sailors feeding shells to an anti-aircraft gun up above. He remembers being only 140 pounds (63.50 kilograms) as a 21-year-old, but somehow finding the strength to lift boxes weighing almost twice that.

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“We were pretty startled. Startled and scared to death,” Schab, now 103, said. “We didn’t know what to expect and we knew that if anything happened to us, that would be it.”

Eighty-two years later, Schab returned to Pearl Harbor Thursday on the anniversary of the attack to remember the more than 2,300 servicemen killed. He was one of five survivors at a ceremony commemorating the assault that propelled the United States into World War II. Six of the increasingly frail men had been expected, but one was not feeling well, organizers said.

Not many of those who were there are still here

The aging pool of Pearl Harbor survivors has been rapidly shrinking. There is now just one crew member of the USS Arizona still living, 102-year-old Lou Conter of California.

Pearl Harbor survivor Harry Chandler, 102, of Tequesta, Fla., represents all other survivors during the 82nd Pearl Harbor Remembrance Day ceremony on Thursday, Dec. 7, 2023, at Pearl Harbor in Honolulu, Hawaii.

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Pearl Harbor survivor Harry Chandler, 102, of Tequesta, Fla., represents all other survivors during the 82nd Pearl Harbor Remembrance Day ceremony on Thursday, Dec. 7, 2023, at Pearl Harbor in Honolulu, Hawaii.

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Schab, the oldest of those who attended this year’s ceremony, arrived in a wheelchair with his son, daughter and other family.

A crowd of a few thousand invited guests and members of the public joined them in holding a moment of silence at 7:55 a.m., the same time bombs began falling decades ago.

Four F-22 jets flew overhead and broke the quiet, one splitting away from the rest in a “missing man formation” that honored the fallen.

Thursday’s ceremony was held on a field across the harbor from the USS Arizona Memorial, a white structure that sits above the rusting hull of the battleship, which exploded in a fireball and sank shortly after being hit. More than 1,100 sailors and Marines from the Arizona were killed and more than 900 are entombed inside.

David Kilton, the National Park Service’s interpretation, education and visitor services lead for Pearl Harbor, noted that for many years survivors frequently volunteered to share their experiences with visitors to the historic site. That’s not possible anymore.

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“Those who lived it sharing their stories firsthand”

“We could be the best storytellers in the world and we can’t really hold a candle to those that lived it sharing their stories firsthand,” Kilton said. “But now that we are losing that generation and won’t have them very much longer, the opportunity shifts to reflect even more so on the sacrifices that were made, the stories that they did share.”

The destroyer USS Shaw explodes after being hit by bombs during the Japanese surprise attack on Pearl Harbor, Hawaii, December 7, 1941.

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The destroyer USS Shaw explodes after being hit by bombs during the Japanese surprise attack on Pearl Harbor, Hawaii, December 7, 1941.

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The U.S. Department of Veterans Affairs doesn’t keep statistics for how many Pearl Harbor survivors are still living. But department data show that of the 16 million who served in World War II, only about 120,000 were alive as of October and an estimated 131 die each day.

There were about 87,000 military personnel on Oahu at the time of the attack, according to a rough estimate compiled by military historian J. Michael Wenger.

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Schab never spoke much about Pearl Harbor until about a decade ago. He’s since been sharing his story with his family, student groups and history buffs. And he’s returned to Pearl Harbor several times since.

The reason? “To pay honor to the guys that didn’t make it,” he said.

Front row seat then and now

Harry Chandler, 102, recalled raising the flag at a mobile hospital in Aiea Heights in the hills above Pearl Harbor in 1941. He was a was a Navy hospital corpsman 3rd Class at the time.

Sitting in his front row seat on the ceremony grounds overlooking the harbor on Thursday, Chandler said the memories of the USS Arizona blowing up still come back to him today.

“I saw these planes come, and I thought they were planes coming in from the states until I saw the bombs dropping,” Chandler said. They took cover and then rode trucks down to Pearl Harbor where they attended to the injured.

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He remembers sailors trapped on the capsized USS Oklahoma tapping on the hull of their ship to get rescued, and caring for those who eventually got out after teams cut holes in the ship.

“I look out there and I can still see what’s going on. I can still see what was happening,” said Chandler, who today lives in Tequesta, Florida.

Asked what he wants Americans to know about Pearl Harbor, he said: “Be prepared.”

“We should have known that was going to happen. The intelligence has to be better,” he said.

U.S. Marines prepare to fire a salute in front of the USS Arizona Memorial during the 82nd Pearl Harbor Remembrance Day ceremony on Thursday, Dec. 7, 2023, at Pearl Harbor in Honolulu, Hawaii.

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U.S. Marines prepare to fire a salute in front of the USS Arizona Memorial during the 82nd Pearl Harbor Remembrance Day ceremony on Thursday, Dec. 7, 2023, at Pearl Harbor in Honolulu, Hawaii.

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Schab’s ship, the Dobbin, lost three sailors, according to Navy records. One was killed in action and two died later of wounds suffered when fragments from a bomb struck the ship’s stern. All had been manning an anti-aircraft gun.

A collective humility of military service

Marine Corps. Capt. Daniel Hower, the 29-year-old grand-nephew of Conter, the last remaining USS Arizona survivor, delivered the keynote address, reading from a podium as he faced the survivors seated in the front row, Pearl Harbor sitting still behind them beneath a light blue sky and scattered white clouds. Hower acknowledged the collective humility of their military service.

“Whenever my Uncle Lou or any other veteran of World War II is recognized or thanked for their service, they humbly answer: ‘We just did what we had to do,’” Hower said.

Hower then hailed their sacrifice, determination, heroism and courage.

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“The legacy that you all built remains unmatched and a lesson that keeps on teaching,” Hower said.

That Sunday morning had started peacefully for Schab. He was expecting a visit from his brother, who was also in the Navy and was assigned to a naval radio station in Wahiawa, north of Pearl Harbor. The two never did get together that day.

Schab spent most of World War II in the Pacific with the Navy, going to the New Hebrides, now known as Vanuatu, and then the Mariana Islands and Okinawa.

After the war, he worked on the Apollo program sending astronauts to the moon as an electrical engineer at General Dynamics.

Schab has slowed down in recent years. But he still gets together each week for cocktails over Zoom with younger members of his fraternity, Delta Sigma Phi. He drinks cranberry-raspberry juice.

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At his age, he’s thankful to still be able to return to Pearl Harbor with his family and caregivers. The family has a GoFundMe account to help them raise money for the pilgrimage.

“Just grateful that I’m still here,” Schab said. “That’s really how it feels. Grateful.”

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UK Treasury under fire for lack of progress on post-Brexit financial reforms

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UK Treasury under fire for lack of progress on post-Brexit financial reforms

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The government has exaggerated progress on its plan to reinvigorate the City of London, the chair of the Commons Treasury select committee said, as she called on the ministers to speed up delivery of the so-called Edinburgh reforms.

But City minister Bim Afolami rejected the criticism of the pace of implementing the policies and vowed to do everything in his power to deliver them in full before the next general election.

Last December, ministers unveiled a 31-point plan to boost the UK’s financial services sector in the wake of Brexit, as part of an initiative initially billed as Big Bang II.

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Harriett Baldwin, head of the Treasury select committee which scrutinises the expenditure and policy of the department, told the Financial Times the package of reforms had not proved as “major as had been presented” and that headway had been slow.

She made the comments ahead of the release on Friday of a report by the committee into the government’s progress on delivering the full suite of the Edinburgh reforms.

While the government has repealed controversial rules to cap bankers’ bonuses, the reforms have failed to stem an exodus of companies from the London Stock Exchange. Most recently, Tui, Europe’s largest tour operator was considering delisting in the latest blow to the UK market.

Baldwin, Conservative MP for West Worcestershire and a former economic secretary to the Treasury, said six of the “achievements” claimed by the government were for things that had not yet been completed.

Another six related to pledges such as launching consultations rather than implementing reforms.

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“We gave them [the Treasury] slightly lower marks than perhaps the chancellor marked himself in [an assessment] in September,” Baldwin said, referring to the committee’s findings.

“The overall impression I think one gets . . . is there have been some measures that have been completed but quite a lot of them have not been legislated for or implemented yet.”

She added that she would advise new City minister Afolami “to be absolutely relentless in . . . completing the things that were set out”. 

Afolami in turn stressed his huge respect for Baldwin, adding: “What I would say is that . . . we’ve done 22 of the 31 things we have promised. All of these things take time to really come to fruition and, to be honest, I don’t apologise for that.”

The City minister and economic secretary to the Treasury said: “We’re not saying that all of these reforms are going to absolutely fix everything in one year, but that these provide a key foundation for the medium- and long-term success of the City of London.”

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Asked if he expected to deliver the full package within the term of this government, which has to call an election by January 2025, Afolami said: “That’s what we’re working to do, we are absolutely trying to deliver these as quickly as we possibly can.” 

Baldwin said listings reform was an “important piece of work” amid continuing losses to London’s equities markets, a situation she described as “worrying”.

The government has taken action including overhauling prospectus regulation, consulting on scrapping short selling bans on government debt, and taking steps to repeal regulations on packaged retail and insurance based investment products, known as PRIIPS.

Baldwin called out proposals to reform the UK’s post-crisis personal accountability regime, saying the process was “slowing the progress and growth of the [financial] sector”. Regulators have launched a discussion paper on the topic while the government has issued a call for evidence.

Baldwin also called for clarity “one way or another” on what the government is planning to do with the ringfencing regime that forced the separation of large banks’ retail and trading arms after the financial crisis.

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A call for evidence was launched in May and the government has promised a response in the first half of 2024.

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Hunter Biden hit with 9 tax-related charges in new indictment

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Hunter Biden hit with 9 tax-related charges in new indictment

Hunter Biden has been indicted on nine tax-related charges, including three felony counts, according to court documents filed Thursday in a federal court in Los Angeles.

The 56-page court filing laid out a series of charges, including allegations that the president’s son failed to pay taxes, failed to file, evaded an assessment and filed a fraudulent form. The indictment alleges that “rather than pay his taxes, the Defendant spent millions of dollars on an extravagant lifestyle.”

“Between 2016 and October 15, 2020, the Defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” the indictment said.

The charges, which include six misdemeanor tax offenses, were brought by special counsel David Weiss. The case was assigned to Judge Mark Scarsi, who was appointed by former President Donald Trump.

The maximum penalty the president’s son could face if convicted is 17 years in prison, according to Weiss’ office.

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“According to the indictment, Hunter Biden engaged in a four-year scheme in which he chose not to pay at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019 and to evade the assessment of taxes for tax year 2018 when he filed false returns,” Weiss’ office said in a news release.

The White House declined to comment on the charges and referred NBC News to Hunter Biden’s personal attorneys as well as the Justice Department. The attorneys did not immediately provide a comment.

A White House official said they learned of the charges from public reporting and did not have advanced notice.

The indictment does not appear to reference President Biden or his role as president or vice president.

The additional charges against the president’s son mark a significant development in a federal investigation that has drawn scrutiny from congressional Republicans, who have seized on Hunter Biden’s legal woes as rhetorical ammunition against his father. House Republicans subpoenaed Hunter Biden in November, and his legal team has said that he’s open to testifying publicly before the House Oversight Committee next week.

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“The first sweetheart deal came after whistleblowers came forward,” said a source familiar with the House GOP investigation into Hunter Biden. “Now Weiss files charges on [the] eve of Hunter Biden testimony and after the whistleblowers testified again. No such thing as a coincidence in Washington.”

In July, Hunter Biden pleaded not guilty to federal tax charges following the collapse of a plea deal. A federal judge dismissed the misdemeanor charges in August. He had originally been expected to plead guilty to two federal misdemeanor counts of failing to pay taxes.

Hunter Biden was indicted on federal gun charges in September related to the president’s son being in possession of a gun while using narcotics. Two of the counts allege that Biden completed a form saying he was not using illegal drugs when he bought a gun. Another count asserts that he possessed a firearm while using a narcotic. He pleaded not guilty.

Attorney General Merrick Garland appointed Weiss as special counsel in August to oversee the investigation into Hunter Biden.

“As special counsel, he will continue to have the authority and responsibility that he has previously exercised to oversee the investigation and decide where, when and whether to file charges,” Garland said when announcing Weiss’ appointment. “The special counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department.”

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Weiss was nominated by Trump in 2017 and started serving as U.S. attorney in Delaware the next year. He remained in office through the start of the Biden administration, even as most U.S. attorneys appointed during the Trump administration were asked to resign.

On Monday, Weiss asked a federal judge to deny Hunter Biden’s request to subpoena Trump, former Attorney General William Barr and other Trump administration officials.

“His allegations and subpoena requests focus on likely inadmissible, far-reaching, and non-specific categories of documents concerning the actions and motives of individuals who did not make the relevant prosecutorial decision in his case,” Weiss’ team said.

President Biden is expected to attend fundraisers this weekend in Los Angeles, the city where the charges against his son were filed. The trip was planned long before Thursday’s indictment.

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