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Wednesday 28 December 2022

Gavin Newsom eyes Sacramento mayor for key judgeship


SACRAMENTO, Calif. — Gov. Gavin Newsom is vetting Sacramento Mayor Darrell Steinberg for a judicial post, an appointment that could prompt a special election for the leader of California’s capital city.

The California State Bar emailed confidential questionnaires to several members last week asking them to evaluate Steinberg, a Democrat, as part of the official state vetting process for judicial nominees. According to the email obtained by POLITICO, Newsom is considering Steinberg for the Third District Court of Appeals in Sacramento.

Steinberg confirmed his interest in the post through a statement provided by his office, but did not specify a timeline.

"I have two years left in my current term as mayor and I am fully focused on the challenges and opportunities we face in the city of Sacramento,” Steinberg said in a statement. “I’ve submitted an application for the judiciary because I’m open to all possibilities for my long term future."

A spokesperson for the governor said his office does not comment on individual judicial candidacies.

Steinberg spent 14 years in the California Legislature, first in the Assembly and then the Senate, where he led the body as president pro tempore. He is serving his second term as Sacramento mayor and had previously said he was not interested in seeking a third term in 2024.

Much of his political career has centered on homelessness and mental health. Steinberg championed a landmark 2004 state ballot measure placing a 1 percent tax on income over $1 million to help fund state behavioral health programs. Before running for mayor, he established the Steinberg Institute, which frequently weighs in on mental health policy and legislation in California.

A longtime supporter and political ally to the governor, Steinberg for years has been a rumored candidate for gubernatorial appointments. In 2020, he was on the short list to take over as California Attorney General following the departure of Xavier Becerra for the Biden administration — a job that ultimately went to then-Assemblymember Rob Bonta.

If Steinberg leaves office before November 2023, the City Council will have to call a special election to replace him,according to city code. If the office is vacated within a year of the next general election, council members will vote on a replacement to carry out the remainder of his term.

Jeremy B. White contributed to this report.



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Trump’s tax forms to be unveiled Friday morning


President Donald Trump’s tax returns will be made public Friday morning, according to a person familiar with the timing.

The person said Trump’s forms will be published as part of the House's congressional record — a report that details the proceedings and debates undertaken by the chamber on a daily basis.

No votes are currently scheduled for Dec. 30 and Congress isn’t set to reconvene for its new session until Jan. 3, but the House can schedule a “pro forma” session on Friday in which no legislative business is technically conducted.

The development follows a vote last week by the House Ways and Means Committee to publish the tax information of the former president.

Democrats on the committee said at the time they needed several days to redact legally protected information from the forms.

However, the lawmakers did release a report by Congress’ brain trust on tax issues, the Joint Committee on Taxation, outlining the amount of taxes Trump paid in 2015 through 2020, among other items, as well as a report on an IRS program that mandates the audits of sitting presidents.



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Jan. 6 committee interview sheds light on origins of Proud Boys ‘1776 returns’ document


An obscure cryptocurrency advocate from Florida may be the original source of an incendiary document at the heart of the seditious conspiracy charges against members of the Proud Boys.

Samuel Armes told the Jan. 6 select committee in a newly disclosed interview that he didn’t draft the document, titled “1776 returns,” itself — and had no role in aspects that laid out an operational strategy to occupy federal buildings on Jan. 6, 2021, to disrupt the transfer of presidential power from Donald Trump to Joe Biden.

But in a colorful hourlong interview with the committee, Armes said he helped formulate some of the ideas that the document relied on — and that eventually ended up in the hands of Proud Boys national chair Enrique Tarrio, one of five charged with seditious conspiracy.

The revelation comes just as Tarrio and his four allies — Ethan Nordean, Joe Biggs, Zachary Rehl and Dominic Pezzola — are set to go to trial on allegations that they spearheaded the violent assault on the Capitol, pinpointing weak points around the Capitol and using the cover of the mob to help overwhelm police lines.

Prosecutors cited “1776 Returns” in Tarrio’s indictment. The document describes plans to “Storm the Winter Palace” — a reference to the Russian Revolution of 1917. The indictment also notes that in celebratory text messages with Tarrio, an associate referenced 1776 and Tarrio responded with “The Winter Palace.”

Armes, a former State Department and Special Operations official, said he recognized components of the document as ideas he had composed as part of a “war gaming” exercise he did in August or September of 2020. He would later share those ideas with a friend in the crypto industry who happened to be an associate of Tarrio’s.

Armes said that in college he had been groomed to join the CIA and FBI before his stint in the State Department and special operations. He also briefly worked for a Florida state representative before ultimately veering into crypto. In his studies, he often participated in “war gaming” scenarios, skills he used during his stint in government.



Armes told the panel that in August or September 2020, after observing riots that took place across the country — against the backdrop of the raging Covid pandemic — he jotted down some thoughts on potential worst-case scenarios for the transfer of power. His views, he said, were partially informed by the August release of the Transition Integrity Project, a similar “war gaming” exercise conducted by 100 campaign and government experts to envision potential threats to the transfer of power.

“It was just how I thought things might happen in a scenario where a certain president doesn’t leave the White House or there is just mad chaos in the streets because no one knows who’s in charge,” Armes said.

Armes said his eventual three-to-five-page document sketched out scenarios in which an unruly mob might gather in Washington, and he appended images and Google Maps screenshots. While it was meant to be a private document, Armes said, he recalled sharing it with an interested friend, Erika Flores, an ally from the cryptocurrency world with whom he interacted frequently in the latter months of 2020. Flores, he noted, was also a friend of Tarrio’s.

“So I ended up sharing it with her on a Google Drive. And after that, I thought nothing of it,” Armes told the committee. “I would’ve never imagined that it turned into the document that I was shown last week, would’ve had zero clue, zero idea. … It’s horrific for me to even imagine that something that I would’ve written would’ve been used to source this kind of, like — I guess call it ‘terroristic document.’”

Attorneys for Tarrio did not immediately respond to requests for comment.

Flores could not immediately be reached for comment, but she appears to have spoken with the select committee, as well. A committee investigator told Armes that Flores attributed the writing of the “1776 Returns” document to him and asked her to share it with Tarrio. Asked about that contention, Armes called it “blame-shifting.”

Armes went through the nine-page “1776 Returns” document with the committee, separating aspects that he said he had written from components he said he did not. Armes said he had a cursory relationship with Tarrio as a result of their mutual friendship with Flores. Flores, he recalled, introduced them in Miami and Tarrio tried to get Armes’ advice for building out his T-shirt-selling business. Armes said he also met Tarrio once at a restaurant with Flores.

Armes’ connection with at least one other figure associated with Jan. 6 also piqued the committee’s interest in Oath Keeper James Beeks.

Beeks, a Michael Jackson impersonator who had been starring in a touring production of "Jesus Christ Superstar" when he was arrested for his role in the Jan. 6 attack, also met Armes through crypto-related endeavors.

Armes said Beeks had encouraged him to join the Oath Keepers and expressed his anti-government worldview in conversations. Armes said Beeks also made romantic advances, which he says he rebuffed. Beeks invited Armes to join him in Washington on Jan. 6, Armes recalled, but he turned him down. Armes said he had been interviewed by Justice Department investigators about this connection. Beeks is set to go on trial in February.

The odd connections between Armes and two prominent Jan. 6 figures — both derived from their crypto connections — prompted a moment of levity during the interview.

“I promise, we’re not all like that,” Armes joked.

“I feel like that, at the end of this conversation, we need to have a followup rehabilitative conversation about the joys of crypto,” joked his lawyer, Anessa Santos.

Armes’ short interview featured yet another memorable — if humorous — exchange when Armes’ leg cramped and he was suddenly incapacitated.

“Charley horse. Charley horse,” his lawyer said.

“I’m good. I just did leg squats today, and I maxed out my PR squats and now its hurting,” Armes replied.

“He’s on the floor,” Santos interjected.

After he recovered, Armes made a point to emphasize that he set a personal best of 425 pounds during his squat routine.

“That will now be in the Congressional Record, so that’s good,” the committee investigator responded.

“Yeah,” Armes said. “That’s cool.”



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Tuesday 27 December 2022

Co-leader of Whitmer kidnapping plot gets 16 years in prison


The co-leader of a plot to kidnap Michigan Gov. Gretchen Whitmer was sentenced Wednesday to 16 years in prison for conspiring to abduct the Democrat and blow up a bridge to ease an escape.

Adam Fox returned to federal court Tuesday, four months after he and Barry Croft Jr. were convicted of conspiracy charges at a second trial in Grand Rapids, Michigan.

They were accused of being at the helm of a wild plot to whip up anti-government extremists just before the 2020 presidential election. Their arrest, as well as the capture of 12 others, was a stunning coda to a tumultuous year of racial strife and political turmoil in the U.S.

The government had pushed for a life sentence, saying Croft offered bomb-making skills and ideology while Fox was the “driving force urging their recruits to take up arms, kidnap the governor and kill those who stood in their way.”

But Judge Robert J. Jonker said that while Fox’s sentence was needed as a punishment and deterrent to future similar acts, the government’s request for life in prison is “not necessary to achieve those purposes.”

“It’s too much. Something less than life gets the job done in this case,” Jonker said, later adding that 16 years in prison “is still in my mind a very long time.”

In addition to the 16-year prison sentence, Fox will have to serve five years of supervised release.

Fox and Croft were convicted at a second trial in August, months after a different jury in Grand Rapids, Michigan, couldn’t reach a verdict but acquitted two other men. Croft, a trucker from Bear, Delaware, will be sentenced Wednesday.

Fox and Croft in 2020 met with like-minded provocateurs at a summit in Ohio, trained with weapons in Michigan and Wisconsin and took a ride to “put eyes” on Whitmer’s vacation home with night-vision goggles, according to evidence.

“People need to stop with the misplaced anger and place the anger where it should go, and that’s against our tyrannical ... government,” Fox declared that spring, boiling over COVID-19 restrictions and perceived threats to gun ownership.

Whitmer wasn’t physically harmed. The FBI, which was secretly embedded in the group, broke things up by fall.

“They had no real plan for what to do with the governor if they actually seized her. Paradoxically, this made them more dangerous, not less,” Assistant U.S. Attorney Nils Kessler said in a court filing ahead of the hearing.

In 2020, Fox, 39, was living in the basement of a Grand Rapids-area vacuum shop, the site of clandestine meetings with members of a paramilitary group and an undercover FBI agent. His lawyer said he was depressed, anxious and smoking marijuana daily.

Christopher Gibbons said a life sentence would be extreme.

Fox was regularly exposed to “inflammatory rhetoric” by FBI informants, especially Army veteran Dan Chappel, who “manipulated not only Fox’s sense of ‘patriotism’ but also his need for friendship, acceptance and male approval,” Gibbons said in a court filing.

He said prosecutors had exaggerated Fox’s capabilities, saying he was poor and lacked the capability to obtain a bomb and carry out the plan.

Two men who pleaded guilty to conspiracy and testified against Fox and Croft received substantial breaks: Ty Garbin already is free after a 2 1/2-year prison term, while Kaleb Franks was given a four-year sentence.

In state court, three men recently were given lengthy sentences for assisting Fox earlier in the summer of 2020. Five more are awaiting trial in Antrim County, where Whitmer’s vacation home is located.

When the plot was extinguished, Whitmer, a Democrat, blamed then-President Donald Trump, saying he had given “comfort to those who spread fear and hatred and division.” In August, 19 months after leaving office, Trump said the kidnapping plan was a “fake deal.”



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