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Justice Department investigating potential presidential pardon bribery scheme, court records reveal – CNN

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The case is the latest legal twist in the waning days of President Donald Trump’s administration after several of his top advisers have been convicted of federal criminal charges and as the possibility rises of Trump giving pardons to those who’ve been loyal to him.
The disclosure is in 20 pages of partially redacted documents made public by the DC District Court on Tuesday afternoon. The records show Chief Judge Beryl Howell’s review in August of a request from prosecutors to access documents obtained in a search as part of a bribery-for-pardon investigation.
The filings don’t reveal a timeline of the alleged scheme, or any names of people potentially involved, except that communications between people including at least one lawyer were seized from an office that was raided sometime before the end of this summer.
No one appears to have been publicly charged with a related crime to date.
The White House declined to comment on the court filing. CNN has previously reported that associates of the President are making appeals to him in the hopes of obtaining pardons before he leaves office. There is no indication that any of those associates are being investigated by DOJ in relation to Tuesday’s filing.
A Justice Department official told CNN that “no government official was or is currently a subject or target of the investigation disclosed in this filing.”
According to the court records, at the end of this summer, a filter team, used to make sure prosecutors don’t receive tainted evidence that should have been kept from them because it was privileged, had more than 50 digital devices including iPhones, iPads, laptops, thumb drives and computer drives after investigators raided the unidentified offices.
Prosecutors told the court they wanted permission to the filter team’s holdings. The prosecutors believed the devices revealed emails that showed allegedly criminal activity, including a “secret lobbying scheme” and a bribery conspiracy that offered “a substantial political contribution in exchange for a presidential pardon or reprieve of sentence” for a convicted defendant whose name is redacted, according to the redacted documents.
Communications between attorneys and clients are typically privileged and kept from prosecutors as they build their cases, but in this situation, Howell allowed the prosecutors access. Attorney-client communications are not protected as privileged under the law when there is discussion of a crime, among other exceptions.
“The political strategy to obtain a presidential pardon was ‘parallel’ to and distinct from [redacted]’s role as an attorney-advocate for [redacted name],” Howell wrote in her court order.
The grand jury investigation also appears to relate to unnamed people acting as unregistered “lobbyists to senior White House officials” as they sought to secure a pardon and use an intermediary to send a bribe, the unsealed court records say.
Prosecutors hadn’t provided evidence to the judge, however, of any direct payment, and instead showed evidence that a person was seeking clemency because of past and future political contributions.
The investigators indicated in court that they intended to “confront” three people with the communications and complete their investigation.
Over the last week, the Justice Department told Howell it wanted to keep filings related to the matter confidential in court, because “individuals and conduct” hadn’t yet been charged.
Trump has granted 29 pardons and commuted 16 people’s sentences during his presidency, according to the US Pardon Attorney’s office. Several of those have gone to people close to the President or whose names would make a splash — including the 19th Century suffragist Susan B. Anthony, the former Illinois Gov. Rod Blagojevich, Bush-era adviser Scooter Libby and longtime Republican political adviser Roger Stone, who lied to Congress to protect Trump’s efforts in 2016.
Just last week, Trump pardoned his former national security adviser Michael Flynn for lying to the FBI, undisclosed lobbying for Turkey and the waterfront of potential related crimes that Flynn could have faced in the future.
This story has been updated with additional information.

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COVID, Politics Make Dry January Harder Than Ever – WebMD

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Sarah Moran, Chicago.

Denise Hien, PhD,  director, Center of Alcohol and Substance Use Studies, Rutgers University, Piscataway, NJ.

Carl Hart, PhD, Ziff professor of psychology, Columbia University, New York City.

Angela Voulangas, Brooklyn, NY.

Aaron Ahearn, Southern California.

Twitter: @RepBrendanBoyle, Jan. 8, 2021; @zachbraff, Jan. 12, 2021; @007, Jan. 8, 2021.

Instagram: #dryjanuaryfail.

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Politics Briefing: Trudeau says appointment of Payette was 'rigorous' – The Globe and Mail

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Hello,

Prime Minister Justin Trudeau says the federal government will take another look at its process for nominating governors-general, in the wake of Julie Payette’s resignation last night.

Ms. Payette, an accomplished pilot and astronaut who took office in 2017, has had a rocky tenure and appeared to have struggled with the public demands of the office. An independent investigation of her office, which the government ordered last year and received this week, appeared to validate concerns of harassment in the workplace.

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Mr. Trudeau was asked at his midday news conference whether Ms. Payette should have been vetted more carefully for the job, given she had earlier left a position at the Montreal Science Centre in a similar cloud.

“For all high-level appointments, there is a rigorous vetting process that was followed in this case,” Mr. Trudeau told reporters. “Obviously we will continue to look at that vetting process to ensure that it is the best possible process as we move forward.”

This is the daily Politics Briefing newsletter, written by Chris Hannay. It is available exclusively to our digital subscribers. If you’re reading this on the web, subscribers can sign up for the Politics newsletter and more than 20 others on our newsletter signup page. Have any feedback? Let us know what you think.

TODAY’S HEADLINES

The drop in Pfizer-made COVID-19 vaccine doses coming to Canada is set to worsen, but the pharmaceutical company insists it can still catch up by the end of this quarter.

Newly released documents show that a Montreal manufacturer that won a $282.5-million contract to make ventilators last year produced machines that initially had serious problems that caused delays to delivering on time. The case illustrates the challenges associated with companies that pivoted in the early months of the pandemic to make medical technology that they had not previously made.

The U.S. Senate will receive the articles of impeachment against Donald Trump on Monday.

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And here is your weekend reading: Power Gap, a new Globe and Mail series by investigative journalists Robyn Doolittle and Chen Wang that gives a data-driven examination of how and why so many women are held back from positions of power and prestige in the workplace. While so much attention is paid to women in the top-most positions, the series explains how the real issues are at all levels – particularly middle management.

Campbell Clark (The Globe and Mail) on the original appointment of Julie Payette as governor-general: “Less than four years ago, she was Mr. Trudeau’s celebrity pick. A former astronaut, an accomplished woman, bilingual, someone who already had schools named after her. On the surface, she was the very image of the modern governor-general the still-newish Trudeau Liberals wanted. But we now know that proper vetting might have shown her temperament was ill suited for the job.”

John Fraser (The Globe and Mail) on changing the appointment process: “Whatever anyone thinks of Stephen Harper and his Conservative administration, it had developed a good system for searching out and vetting possible candidates for all the vice regal positions in Canada – the lieutenants-governor of the provinces, as well as the governor-general. It was rejected by the Trudeau PMO, although officials there liked the system well enough to adopt it for appointments they made to the new-style Senate.”

Shachi Kurl (Ottawa Citizen) on repairing the office’s public image: “In 2021, at a time when worries about being seen as too elitist have the Prime Minister himself too scared to fix the house in which he’s supposed to be living, and given that Payette herself refused to even reside at Rideau Hall, should a home and all its associated domestic trappings still come with the job? Would Canadians be better served if the whole building were opened up to them, as a gallery, or museum, or place of learning?”

Andrew Coyne (The Globe and Mail) on Canada’s slow pace of vaccinations: ” Vaccinating as many people as we can isn’t just a matter of saving lives – although the faster we do it, the more lives we will save. It’s also a matter of some economic urgency. The country that emerges quickest from the pandemic, and from the curbs on activity most countries have adopted in response, will not only save that much more in lost GDP.”

Robyn Urback (The Globe and Mail) on making lockdowns more targeted: “At this point in the pandemic, we should know better than to extend curfews to homeless people, close down skating rinks and issue fines to mothers in pursuit of childcare.”

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Bria Hamilton (The Globe and Mail) on why the healthcare system needs to build more trust with Black Canadians: “My grandmother, my mother and I have all had extremely negative experiences with Canadian medical care. The most atrocious story was the removal of my grandmother’s uterus without her permission during unrelated surgery.”

Got a news tip that you’d like us to look into? E-mail us at tips@globeandmail.com. Need to share documents securely? Reach out via SecureDrop

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A pick between dark politics or collective resistance – The Hindu

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The democratic world has a choice — either accept the politics of violence or kindle the urge to resist the status quo

All politics is a struggle for power; the ultimate kind of power is violence.” — C. Wright Mills

Donald Trump’s drive to upend a legitimate election has shaken faith in the functioning of democracy worldwide. When a president of a country himself condones the rioters or calls them “patriots”, a grim reality awaits democracy in the face of the pervasive political polarisation ripping apart the very political fabric of a nation. Politicians across the globe sink to new levels of unwarranted incitement of a malleable public, a disastrous and politically debasing tendency of constitutional democracy.

U.S. Capitol | The siege of a historical power centre

History as a pointer

The loss of faith in the ruling elite points towards a disturbing future. The long and cyclic dark history of civilisation, of wars and violence, of religious fanaticism and irrationality is a loud indication of the failure to model society on rational principles. Our inherently dialectical history confirms the simultaneous birth of opposing forces at the very moment of assertion of any “truth”. For example, the trajectory of liberal democracy evolving into totalitarianism is evidently present in the brute forces of Italian fascism or German Nazism, two striking examples of the birth of vulgar nationalist fervour and racial superiority.

The shock of Capitol Hill

In the wake of the debacle on Capitol Hill, the world awakes to the reality of the scourge of violence within democracy, rousing a serious national debate on what comprises aggression, who perpetuates it, and why. It is imperative to halt the runaway course of democracy towards an environment increasingly subsumed in the violence of fear and hatred, an overwhelming plague in any civil society. Breaking, therefore, through the intellectual vacuity of the official discourse and coming to grips with the history of electoral violence we see that what happened on the Potomac is nothing new in the long history of racist and electoral violence.

But it is not Mr. Trump who is solely responsible. The people are as much to be blamed. Jason Brennan, in his valuable and bracing book, Against Democracy, makes the contrarian conclusion that democratic participation promotes human beings to forget common sense and common politesse. Voters, as he puts it rather uncharitably, are “biased, ill-informed football hooligans” who “can present arguments for their beliefs, but cannot explain alternative points of view”. Along with them are the “hobbits”, a section that lacks fixed strong views on political matters. These two categories have their antithesis in the “Vulcans” who, Brennan argues, “think scientifically and rationally about politics”. Nazism, Trumpism or Hindutva are outstanding examples of this syndrome and the analogy fits in aptly with the credentials of the demonstrators in Washington DC, the “superbiased” who mindlessly fall in line with the manifesto of the ruling dispensation.

Editorial | Fruits of incitement: On the mob attack on U.S. Capitol

Evasive promise

Philosophical democratic theory is, therefore, rather perplexing. One aspect is the idolised view of democracy as an inimitably just form of government where people have the right to equal share of political power that empowers the people. However, judging by the history of violence, this could be an absolutely off the mark argument within real-world politics. It only shows that political participation has the potential of making people more irrational, prejudiced and mean. It pulls apart, impedes the social order and creates antagonists of civic order. A higher form of life that democracy promises seems to evade the public.

The debatable questions, therefore, would be: Does democracy leave you smart and active, or dumb and uncivilised? Does it give us a broad outlook or is it selfishly limiting to one’s immediate needs? Does it not make people live in a world of delusion and deceit expediently passing the blame on to the Left or the “professional anarchists” responsible for violent acts of arson and loot, while thousands of protesters sustaining the powerful state apparatus are labelled as “peaceful” or as “patriots”. Death, pain and physical injury of people fighting back for civil liberties and human rights are of no consequence.

Also read | Arnold Schwarzenegger compares U.S. Capitol mob to Nazis

The power and brutality of state violence therefore stands legitimised while justifiable or innocent violence accompanying demonstrations against racism or police ferocity result in ruthless consequences. The nightmare of history indeed, brings us face to face with sinister times that impel the need to oppose the offensive right-wing narrative that discourages dialogue, economic welfare and freedom of expression. The erosion of egalitarianism and freedom through unprecedented challenges from anti-humanist forces pushing democratic institutions to the brink of failure is effectively in operation globally.

At the irreducible moment of confronting the nightmare of history, we have a choice before us. Either we accept the politics of ethnic intolerance, inequality and violence or arouse within us the unfaltering urge to resist the status quo. In the absence of activism, people are bound to fall prey to irrationality, resentment, xenophobia and the inexorable yearning for fear-inducing power. Shockingly, the right-wing fringe element anywhere in the world, America or India, seem untouched by the state brutality on the innocent and the marginalised.

In pictures | Chaos, violence, mockery as pro-Trump mob occupies U.S. Capitol

Political beginnings

Recognising the failures of the past while retaining hope for the future, we need to develop a critique of violence within democracies that is adequate to the times. Understandably, there is always a political struggle basic to the recognition of evident and hidden forms of injustice and violence that make people mindful of it, deliberate on it, and act. These are the “political beginnings” that Hannah Arendt optimistically spoke of in her perennially relevant book, Men in Dark Times. To her, the collective power of the people mattered more than the power of the state, but only when the struggle is against authoritarianism and bigotry, not when the masses begin to prop a fascist disposition.

Shelley Walia, a professor, has taught Cultural Theory at the Department of English, Panjab University, Chandigarh

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