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X returns to Brazil after Elon Musk complies with court orders

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X returns to Brazil after Elon Musk complies with court orders

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Brazil’s supreme court on Tuesday authorised the restoration of public access to Elon Musk’s X following a month-long ban, after the billionaire backed down in his feud with the top tribunal and agreed to remove extremist content from the social media platform.

The climbdown represents an about-face for Musk, who for months had taunted the court, accusing Justice Alexandre de Moraes of being a “dictator” for demanding that X remove accounts linked to far-right groups in Brazil.

“This quarrel with X demonstrated that no individual, no corporation and no platform is above the law,” said Luca Belli, a professor at the Getulio Vargas Foundation law school in Rio de Janeiro.

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“Although many people have tried to frame this as a freedom of speech issue, at the end it really boils down to sovereignty, to the capacity of a country to regulate services and technologies according to laws,” Belli added.

Access to X in Brazil was suspended by Moraes at the end of August after the company ignored a court deadline to appoint a legal representative for its Brazilian operation — a requirement under the country’s civil code.

Musk had weeks earlier shuttered X’s office in São Paulo and dismissed its legal representative, alleging that she had been threatened with fines and arrest over the company’s refusal to remove content.

For much of this year, Musk publicly goaded Moraes on social media, demanding his impeachment and posting mocked-up photos of the justice in prison.

The actions made the billionaire a hero among many on the Brazilian right, who believe a long-running crusade against online disinformation and extremism by the judge had gone too far.

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One month into its suspension, however, X changed course, agreeing to appoint a legal representative in Brazil and pay millions of dollars in fines, including fees imposed on the platform after it briefly skirted the ban last month using a technical manoeuvre.

X also agreed to remove the accounts that provoked the feud between the judge and the billionaire in the first place.

Ahead of lifting the ban, Moraes unfroze bank accounts and assets linked to both X and Musk’s satellite internet provider Starlink.

The latter had been frozen because Moraes deemed Starlink to be part of a “de facto economic unit” with X.

Starlink is a wholly owned subsidiary of SpaceX, in which Musk owns about 40 per cent of the stock, but commands 79 per cent of voting rights.

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Before the ban, X had roughly 20mn users in Brazil, making it the ninth most popular social media platform, far behind Instagram and TikTok.

After the suspension, millions of Brazilians flocked to Bluesky, a similar microblogging site, which claims to have 10mn users worldwide.

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The FBI arrested an Afghan man who officials say was planning an Election Day attack

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The FBI arrested an Afghan man who officials say was planning an Election Day attack

An FBI seal is seen on a wall on Aug. 10, 2022, in Omaha, Neb.

Charlie Neibergall/AP


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Charlie Neibergall/AP

WASHINGTON — The FBI has arrested an Afghan man who officials say was inspired by the Islamic State militant organization and was plotting an Election Day attack targeting large crowds in the U.S., the Justice Department said Tuesday.

Nasir Ahmad Tawhedi, 27, of Oklahoma City told investigators after his arrest Monday that he had planned his attack to coincide with Election Day next month and that he and a co-conspirator expected to die as martyrs, according to charging documents.

Tawhedi, who arrived in the U.S. in 2021, had taken steps in recent weeks to advance his attack plans, including by ordering AK-47 rifles, liquidating his family’s assets and buying one-way tickets for his wife and child to travel home to Afghanistan.

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The arrest comes as the FBI confronts heightened concerns over the possibility of extremist violence on U.S. soil, with Director Christopher Wray telling The Associated Press in August that he was “hard pressed to think of a time in my career where so many different kinds of threats are all elevated at once.”

“Terrorism is still the FBI’s number one priority, and we will use every resource to protect the American people,” Wray said in a statement Tuesday.

An FBI affidavit does not reveal precisely how Tawhedi came onto investigators’ radar, but cites what it says is evidence from recent months showing his determination in planning an attack. A photograph from July included in the affidavit depicts a man investigators identified as Tawhedi reading to two young children, including his daughter, “a text that describes the rewards a martyr receives in the afterlife.”

Officials say Tawhedi also consumed Islamic State propaganda, contributed to a charity that functions as a front for the militant group and communicated with a person who the FBI determined from a prior investigation was involved in recruitment and indoctrination. He also viewed webcams for the White House and the Washington Monument in July.

Tawhedi’s alleged co-conspirator was not identified by the Justice Department, which described him only as a juvenile, a fellow Afghan national and the brother of Tawhedi’s wife.

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After the two advertised the sale of personal property on Facebook last month, the FBI enlisted an informant to respond to the offer and strike up a relationship. The informant later invited them to a gun range, where they ordered weapons from an undercover FBI official.

Tawhedi was arrested Monday after taking possession of two AK-47 rifles and ammunition, officials said. The unidentified co-conspirator was also arrested but the Justice Department did not provide details because he is a juvenile.

After he was arrested, the Justice Department said, Tawhedi told investigators he had planned an attack for Election Day that would target large gatherings of people.

Tawhedi was charged with conspiring and attempting to provide material support to the Islamic State, which is designated by the U.S. as a foreign terrorist organization. The charge is punishable by up to 20 years in prison.

It was not immediately clear if he had a lawyer who could speak on his behalf. A message was left with the federal public defender’s office in Oklahoma City and no telephone numbers were listed for Tawhedi or his relatives in public records.

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Tawhedi entered the U.S. on a special immigrant visa, a program that permits eligible Afghans who helped Americans despite great personal risk to themselves and their loved ones to apply for entry into America with their families.

Eligible Afghans include interpreters for the U.S. military as well as individuals integral to the American embassy in Kabul. While the program has existed since 2009, the number of applicants skyrocketed after the chaotic U.S. withdrawal from Afghanistan in August 2021.

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Live news: European stocks close lower after disappointing China stimulus

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Live news: European stocks close lower after disappointing China stimulus

Federal Reserve officials are due to speak later about the economic outlook, while Joe Biden will be out campaigning.

Fedspeak: Several Federal Reserve officials are scheduled to speak today. President of the Atlanta Fed Raphael Bostic will deliver remarks on the economic outlook at an event in Atlanta, while Boston Fed president Susan Collins will address a conference in the Massachusetts city. The Fed’s vice-chair, Philip Jefferson, will speak at Davidson College, North Carolina.

Biden-Harris: President Joe Biden will travel to Milwaukee, Wisconsin, to deliver remarks on the creation of jobs, followed by a trip to Philadelphia, Pennsylvania, to take part in a campaign event for Senator Bob Casey. Vice-president and Democratic presidential nominee Kamala Harris will be in New York, filming multiple TV interviews.

Google: The US Department of Justice is expected to impose corrective measures on Google owner Alphabet after a federal judge ruled that Google had maintained an illegal monopoly on search.

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The Supreme Court appears to have found a gun regulation it actually likes

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The Supreme Court appears to have found a gun regulation it actually likes

Few things are as chaotic as this Supreme Court’s gun cases.

Just last June, the Court’s Republican majority legalized “bump stocks,” devices that effectively convert ordinary semi-automatic weapons into machine guns. The Court’s landmark Second Amendment decision in New York State Rifle & Pistol Association v. Bruen (2022) requires courts to strike down any gun law that is not “consistent with this Nation’s historical tradition of firearm regulation,” a test so confusing that more than a dozen judges have published judicial opinions begging the justices to explain what, exactly, Bruen means.

Yet, while this Court’s approach to guns is frequently hostile to gun laws, a majority of the justices appeared to meet a gun regulation on Tuesday they are actually willing to uphold.

Tuesday morning’s oral argument in Garland v. VanDerStok involves “ghost guns,” ready-to-assemble kits that can easily be used to build a fully operational firearm. These kits appear to exist to evade two federal laws, one of which requires guns to have serial numbers that can be used to track them if they are used in a crime, and the other which requires gun buyers to receive a background check before they can make that purchase.

Under federal law, the background check and serial number requirements apply to “any weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” They also apply to “the frame or receiver of any such weapon,” the skeletal part of a gun that houses other components, such as the barrel or firing mechanism.

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Ghost gun kits seek to evade this law by selling a kit with an incomplete frame or receiver, though it is often trivially easy to convert this incomplete part into a fully operational one. Some kits can be turned into a working gun after the buyer drills a single hole in the frame or receiver. Others require the user to sand off a single plastic rail.

The most right-wing appeals court in the federal system, the United States Court of Appeals for the Fifth Circuit, concluded that a single missing hole is enough to exempt a gun from regulation. Frames missing a hole, that court claimed, are “not yet frames or receivers.” The Fifth Circuit also argued that ghost gun kits cannot “readily be converted” into a working gun because this phrase “cannot be read to include any objects that could, if manufacture is completed, become functional at some ill-defined point in the future” — even though some ghost gun kits can be converted into a firearm in a matter of minutes.

In any event, at least five members of the Court — and possibly one or two more — appeared to reject the Fifth Circuit’s reasoning on Tuesday. All three members of the Court’s Democratic minority seemed like clear votes for the government, which is arguing ghost guns need to be subject to the same rules as any other gun, as did Chief Justice John Roberts, who barely spoke during Tuesday’s argument, and who spent the bulk of his question time seeming to mock Peter Patterson, the lawyer for the ghost gun manufacturers.

Meanwhile, Justice Amy Coney Barrett, a Trump appointee, seemed particularly unconvinced by Patterson’s arguments, at one point telling him that a key part of his proposed legal framework “seems a little made up.”

If these five justices hang together against ghost guns, that won’t be a particularly unexpected plot twist. This same case already reached the Court in 2023 on the justices’ “shadow docket,” a mix of emergency motions and other issues that the Court deals with on an expedited basis. The first time VanDerStok reached the Court, it voted 5-4 (with Roberts and Barrett joining the Democrats) to temporarily leave in place a federal rule establishing that ghost guns are regulated like any other firearm.

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Now, the question is whether that temporary decision will be made permanent. After Tuesday, it appears likely that it will.

VanDerStok turns on Barrett’s definition of an “omelet”

Tuesday’s argument started to go off the rails for the ghost gun makers before Patterson even stepped up to the podium.

Early in the argument, while Solicitor General Elizabeth Prelogar was making the government’s case, Justice Samuel Alito asked her a series of hypotheticals about incomplete objects. Is a pen and a blank pad of paper a “grocery list?” Does a bunch of uncooked eggs, ham, and peppers constitute an “omelet?” Alito’s point appeared to be that, just like untouched ingredients don’t constitute an “omelet,” an incomplete firearm is not a gun.

But Barrett seemed unconvinced. Almost immediately after Alito finished grilling Prelogar, Barrett asked about a slightly different hypothetical. What if someone purchased an omelet kit from Hello Fresh, a service that delivers ready-to-cook meal kits to people’s homes. Barrett’s point was pretty clear: While a bunch of uncooked ingredients may not always constitute an “omelet,” the answer is different when someone buys a kit whose sole purpose is to be put together into an omelet.

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The same rule, Barrett suggested, should apply to ghost gun kits.

Roberts, meanwhile, was more direct than Barrett. “What is the purpose of selling a receiver without the holes drilled in it?” the Chief Justice asked Patterson. In response, Patterson claimed, somewhat implausibly, that people may buy a ghost gun kit because they enjoy the experience of building a gun much like some hobbyists enjoy working on their own car.

But Roberts didn’t buy this argument at all. “Drilling a hole or two,” he dryly responded to Patterson, “I would think doesn’t give the same sort of reward that you get from working on your car on the weekend.”

Later in the argument, after Prelogar was back at the podium, she stuck the knife in Patterson’s argument. Federal law, she noted, doesn’t ban ghost gun kits, it merely requires ghost gun sellers to follow the same background check and serial number laws as any other gun seller. So, if there were a market for law-abiding hobbyists who want to drill a couple holes before they fire their gun, those hobbyists could still get a ghost gun if they submitted to a background check.

But what actually happened is, once the government issued a rule stating that ghost guns are subject to the same laws as any other gun, the market for this product dried up. Turns out, hobbyists weren’t interested in buying almost-complete guns with missing holes.

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The biggest wild card in the case is Justice Brett Kavanaugh, who revealed that he voted in favor of ghost guns in 2023 because he was concerned that a gun seller who was ignorant of the law might accidentally sell an unregulated kit without realizing it was illegal to do so and then be charged with a crime.

But, as Prelogar told Kavanaugh, a gun seller can only be charged with a crime if they “willfully” sell a gun without a serial number or if they knowingly sell a gun without a background check. So Kavanaugh’s fears appear unfounded.

Will that be enough to bring Kavanaugh into the government’s camp? Unclear. But, ultimately, Kavanaugh is likely to be the sixth vote against ghost guns if he does flip. After Tuesday, it does seem like there are five solid votes for the proposition that ghost guns are subject to the same laws as any other firearm.

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