Trump files motion to dismiss 2020 election subversion case – live | US politics

There’s no saying how a judge will rule on Donald Trump’s motion to dismiss the charges against him for trying to overturn the 2020 election, but the case has been slowly grinding towards trial. Here’s Hugo Lowell’s report from last week, when special counsel prosecutors asked the judge to issue a gag order against Trump:

Special counsel prosecutors reiterated Friday to the federal judge overseeing the 2020 election interference prosecution against Donald Trump the need to impose a limited gag order against the former president to curtail his ability to attack them and potentially intimidate trial witnesses.

The sharply worded, 22-page filing, submitted before a hearing scheduled for 16 October in federal district court in Washington, accused Trump of continuing to make prejudicial public statements even after they first made the request three weeks ago.

“He demands special treatment, asserting that because he is a political candidate, he should have free rein to publicly intimidate witnesses and malign the court, citizens of this district, and prosecutors. But in this case, Donald J Trump is a criminal defendant like any other,” prosecutors wrote.

The prosecutors said the need for a limited gag order had only increased in urgency since their initial request, filed under seal to the US district judge Tanya Chutkan on 5 September, as they cited several threatening statements from Trump that could affect their case and potential jurors.

In particular, the filing highlighted Trump’s posts on his Truth Social platform that attacked his former vice-president, Mike Pence, saying without evidence that he had “made up stories about me” and had gone over to the “dark side” after he testified to prosecutors about Trump’s conduct.

The filing also raised Trump’s post about Gen Mark Milley, the retiring chair of the joint chiefs of staff and another likely trial witness after he was cited in the indictment, that baselessly accused him of committing treason and suggested that he be executed.

“No other criminal defendant would be permitted to issue public statements insinuating that a known witness in his case should be executed,” the assistant special counsel Molly Gaston wrote. “This defendant should not be, either.”

Donald Trump files motion to dismiss 2020 election subversion case

Maya Yang

Maya Yang

Maya Yang

The day so far

Former Democratic presidential candidate and independent New York City mayor Michael Bloomberg said Democrats should have done more to stop Kevin McCarthy from being removed from office.

He characterizes McCarthy as a conservative who had at least some interest in actually governing, but is now set to be replaced with a hardliner who will be even more difficult to work with. Writing in the Washington Post, Bloomberg says:

McCarthy’s failure to reach out to Democrats was inexcusable, of course. But so too was Jeffries’ failure to extend an olive branch. Not only has it empowered the Republicans’ extreme right wing, but it also squandered an opportunity for Democrats to increase their influence.

Jeffries had a chance to use the crisis to push for a more bipartisan governing model in the House, one that would have given Democrats more involvement in crafting legislation and conducting oversight. It could have been a transformative moment for Congress and the country. But if any informal Democratic overture occurred, it was too little, too late.

It’s true that McCarthy gave no indication he would have had the good sense to accept a serious peace offering by Jeffries. But even if he had rejected it, Democrats could have shown voters that at least one party in Washington is serious about finding common ground. Their failure to make a peace offering falls heaviest on the party’s moderates, who speak of bipartisanship but, when push comes to shove, don’t practice it.

Now, with the House paralyzed, not only is Congress failing to do the people’s business, but aid to Ukraine has been indefinitely paused, helping Russia’s war effort and costing people their lives.

“There has to be an adult in the room,” McCarthy said over the weekend, after keeping the government from shutting down with the help of Democrats. He was right. Sadly, in the end, neither he nor Jeffries could do the adult thing, by reaching across the aisle to prevent Congress from sinking even deeper into dysfunction.

Biden says border wall won’t work, but law required construction

For a sense of how the GOP is trying to spin this week’s theatrics in the House, take a look at this tweet from the National Republican Congressional Committee, which is tasked with winning seats in the chamber:

All the Democrats you see there represent swing or red districts, and many won re-election only narrowly last year, when Joe Biden’s allies overperformed expectations thanks to factors like the downfall of Roe v Wade and successful warnings about GOP extremism.

The Democratic caucus was unanimous in voting to oust Kevin McCarthy, arguing that they were merely keeping with the common practice of the minority party in the House refusing to support the majority’s choice for speaker.

Trump considering visit to Capitol to meet with House Republicans ahead of speakership election

Hugo Lowell

More hints of the dynamics of the speaker’s race within the House Republican Conference are emerging.

The latest report is from the Messenger, which, citing unnamed sources, reports that Steve Scalise began campaigning to replace Kevin McCarthy even before he had been officially ousted.

Scalise, the majority leader, is one of two major candidates who have declared their candidacy, along with judiciary chair Jim Jordan. Both are staunch conservatives, and the Messenger’s report may explain why McCarthy’s aides are reportedly encouraging lawmakers to support Jordan:

Kevin McCarthy had just been ousted as speaker of the House. Republicans — and the entire Congress — were stunned. Yet McCarthy’s deputy, House Majority Leader Steve Scalise, R-La., wasted no time, as he quietly launched a bid to become the next speaker, multiple sources tell The Messenger.

Four Republican sources say Scalise started his campaign for speaker on Tuesday evening, moments after the House approved a far-right motion to vacate McCarthy from the speakership, before any other member had formally declared a candidacy.

One House Republican who was lobbied by Scalise early Wednesday morning said the Louisiana Republican’s outreach was “was too early.”

“The body wasn’t even cold,” the lawmaker, who was granted anonymity to speak candidly about the speaker’s race, told The Messenger. “It was bullsh–.”

The race to replace McCarthy has just two declared candidates so far: Scalise, and Rep. Jim Jordan, R-Ohio, the chairman of the powerful House Judiciary Committee. There is also Rep. Kevin Hern, R-Okla., who has fielded support from members but has not yet formally announced a bid.

Another thing that could prove pivotal to determining control of the House next year: the revolt that ousted Kevin McCarthy from office.

His ouster was unprecedented, and the GOP is still digesting its implications for their broader campaign to hold onto the House, and regain the senate and White House next year. One lawmaker, Ohio’s Max Miller, told CNN it set the party back: