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Saturday 11 March 2023

Judge okays use of Access Hollywood tape in Trump defamation trial


NEW YORK — The longtime magazine columnist who accused former President Donald Trump of raping her in the 1990s can use the 'Access Hollywood' tape as evidence at trial in her defamation case, a federal judge ruled Friday.

The Manhattan judge also rejected Trump’s effort to block the columnist, E. Jean Carroll, from using the testimony of two other women who previously accused him of sexual assault.

U.S. District Judge Lewis Kaplan wrote that “a jury reasonably could find, even from the ‘Access Hollywood’ tape alone, that Mr. Trump admitted in the ‘Access Hollywood’ tape that he in fact has had contact with women’s genitalia in the past without their consent, or that he has attempted to do so.”

In the tape, a recording from 2005 that was widely scrutinized during the 2016 presidential campaign, Trump boasts, “When you’re a star, they let you do it. You can do anything,” adding: “Grab them by the pussy. You can do anything.”



Though Carroll’s 2019 lawsuit alleges only defamation, not sexual assault itself, Judge Kaplan found that “in order to prevail on her libel claim, Ms. Carroll must prove that Mr. Trump sexually assaulted her.”

Without proving the underlying claim of sexual assault, the judge wrote, “she cannot establish that Mr. Trump’s charge that her story was a lie and a hoax was false.”

In November, Carroll also filed a second lawsuit in New York alleging defamation and battery under a new state law. The 2019 lawsuit is set to go to trial in April. A judge hasn’t ruled whether the two cases will be combined.

Trump has denied defaming or assaulting Carroll. “We maintain the utmost confidence that our client will be vindicated at the upcoming trial,” a lawyer for Trump, Alina Habba, said in a statement Friday.

The judge’s ruling Friday will also permit Carroll to use the testimony of Jessica Leeds and Natasha Stoynoff, two women who alleged Trump assaulted them in the years before he ran for office. Leeds alleged Trump groped her while they flew on an airplane together. Stoynoff alleged he sexually assaulted her while she was reporting a story for People Magazine.

Trump has denied both of their accounts.



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Republicans are winning more Latino votes. But rising turnout still benefits Dems.


The red wave never came to pass in 2022 — but there was a noticeable shift among Latino voters in the midterms, who still tilted toward Democrats overall but reached higher levels of Republican support, too.

Yet a new analysis from Voto Latino, a political organization focused on Latino turnout, shows how Hispanic voters helped Democrats maintain the Senate majority, how larger Latino turnout was a key ingredient for Democrats in several races with razor-thin margins — and why expanding that base of voters in 2024 is still key for Democrats as they also compete to win a growing cohort of Latino swing voters.

The group analyzed precinct data from the past decade up until the 2022 midterms across Arizona and Nevada, two increasingly important battleground states where Latinos have made up more than 15 percent of the electorate for almost a decade. Their findings show that, even amid broader Republican gains, Democratic performance increased in areas with high proportions of Latino voters — regions of both states that are only growing their Hispanic vote share.

Despite having a Latina candidate in the race in Sen. Catherine Cortez Masto (D-Nev.), Democrats’ Senate overall vote share in Nevada fell to 62 percent among Latinos, compared to fellow Sen. Jacky Rosen’s 67 percent among the demographic in 2018, according to exit polls.

And in Arizona, the ratio for Democratic Senate hopefuls fell even more dramatically. Sen. Kyrsten Sinema enjoyed a 70 percent victory over her Republican opponent in 2018 among Latinos, while incumbent Sen. Mark Kelly fought for his 58 percent from the same demographic. Biden won about 61 percent of the Latino vote in 2020 in both states.

Yet Latino voters still boosted Cortez Masto, Kelly and Arizona Gov. Katie Hobbs enough to victory over their Republican counterparts, who took larger shares of white voters who make up the voting majority — bridging gaps as high as the 18-point deficit between Cortez Masto and Adam Laxalt among white voters.

Voto Latino conducted the analysis because of the large impact the two states had in the midterms. By analyzing precinct data, the organization’s projections show even modest increases of Latino turnout by 2.5 or 5 percentage points would net a fraction of a percentage for Democrats in a two-way race — boosting someone like Cortez Masto’s vote shares that much more, in a race that ultimately saw her and Republican Adam Laxalt separated by less than 1 point.

Voto Latino president María Teresa Kumar said she was unsurprised by the results, adding that even a little more investment would have avoided such a “close contest.”

“The reason we did this analysis was, had there been some investment based on historical participation of the Latino community of the last several years, wiser decisions would have been made,” Kumar said.

Latinos have become a growing voting contingent that both Republicans and Democrats have sought in the past two cycles, from releasing more ads in Spanish to boosting congressional surrogates to turn out votership.

Outside of the close contests in Arizona, where Democrats lost their overall Congressional majority, candidates in majority-Latino districts were reelected — including Reps. Raúl Grijalva and Ruben Gallego, who has now announced his candidacy for Senate.

“What Nevada and Arizona really give you a very crisp picture of is how important every voter is when you're looking at [increasingly] razor thin margins in many elections,” said Clarissa Martinez De Castro, vice president of the Latino Vote Initiative at UnidosUS. “Latinos are increasingly a factor in the winning equation in more places than people have traditionally thought, like… California, Texas, Florida. The reality is that the numbers are growing all over.”

Latinos are the nation’s youngest demographic, with a median age under 30 and a growing young adult voter base, millions of whom will newly be eligible to vote by 2024. Experts say they could be convinced to turn out to vote, and for Democratic candidates — if the party continues to adapt their playbook outside the “white soccer mom” mentality.

This is why the turnout factor has to include data-driven analysis, Kumar added. Among Latinos, many young people may not yet see voting as the first option to secure rights for their community, she said. But that doesn’t mean they are automatically and permanently low-propensity.

“The majority of Latino voters are under the age of 33,” Kumar said. “By default, they’re low-propensity. It doesn’t mean they’re detached — they’re just flowing into the process. They should be taken seriously because they have the ear of their family in a way no party does.”



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Friday 10 March 2023

German police: Fatalities in shooting inside Jehovah’s Witness hall


BERLIN — Shots were fired inside a building used by Jehovah’s Witnesses in the northern German city of Hamburg on Thursday evening, and an unspecified number of people were killed or wounded, police said.

The shooting took place in the Gross Borstel district, a few miles north of the downtown area of Germany’s second-biggest city.

Police said on Twitter that “several people were seriously wounded, some of them fatally,” but didn’t give a precise figure.

German news agency dpa reported seeing rescue services taking people out of a building used by Jehovah’s Witnesses.

Police said they were alerted to the shooting about 9:15 p.m. and were on the scene quickly. They said that after officers arrived, they heard a shot from an upper floor.

The police statement said there was no immediate indication that a shooter was on the run and that it appeared likely that the perpetrator or perpetrators were either in the building or among the dead.

Police had no information on the event that was under way in the building when the shooting took place. They also had no immediate information on a possible motive.



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Biden to visit Canada on March 23


OTTAWA — President Joe Biden is heading to Ottawa on March 23 and will address Parliament during his two-day stay.

The White House confirmed the dates of the president’s much-anticipated visit to the Canadian capital, Biden’s first in-person trip north as president.

Russia’s war in Ukraine will cast a long shadow over the bilat with Prime Minister Justin Trudeau, focusing discussions on defense, decarbonization and supply chains.

Haiti, clean energy, supply chains, climate change and “modernizing the North American Aerospace Defense Command” will be priority topics of discussion between the two leaders, according to a White House release. Trudeau’s office issued its own statement, adding that critical minerals will be a top agenda item, which wasn’t specifically highlighted in the White House release.

The spectre of Beijing’s alleged interference in Canada’s elections will also loom over the talks. It will also be the leaders’ first in-person meeting since high-altitude objects, and one confirmed balloon from China, were shot down over North America.

The dramatic takedowns alarmed politicians and military on both sides of the border, stoking discussions on continental defense, setting it up as a discussion point for bilateral talks.

Biden last visited Ottawa as vice president in December 2016 in the twilight of the Obama administration.

During an A-list dinner thrown in his honor, Biden touted North America as a region “better positioned than any time since the end of World War II” to lead the hemisphere and world in promoting liberal values.

“Viva la Canada because we need you very, very badly,” he said in a toast.

Beyond friendly photo-ops, the two G-7 leaders are expected to clarify joint action on the development of critical minerals.

Pressure will be on the leaders to announce progress on the Joint Action Plan on Critical Minerals that was finalized in 2020 during the final days of the Trump administration.



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New York governor, attorney general press pharmacy chains on abortion drug policy


NEW YORK — Gov. Kathy Hochul and state Attorney General Tish James are pressing three of the country’s largest pharmacy chains to dispense abortion medications in New York and across the U.S., after Walgreens said it would stop offering the drugs in states where Republican attorneys general have threatened legal action.

In a letter Thursday, Hochul and James asked the CEOs of Walgreens, Rite Aid and CVS to confirm in writing that the chains will offer the abortion drug mifepristone at their New York pharmacies and through the mail to patients across the state who have a doctor’s prescription.

“Even as access to this medication is under threat elsewhere for political reasons, we remind you that New York’s law is simple,” Hochul and James wrote. “Abortion is legal and protected as a fundamental right under state law, and there are no legal barriers to dispensing mifepristone in New York pharmacies.”

Walgreens, the nation’s second-largest pharmacy chain and owner of New York-based Duane Reade, confirmed last week that it would not dispense abortion pills either by mail or at brick-and-mortar locations in several states where they remain legal.

The company announced the decision after nearly two dozen Republican state attorneys general threatened legal action if it began distributing the drugs, which have become the most popular method of ending a pregnancy in the U.S.

“We urge you not to allow these tactics to intimidate you, and to commit to making this critical medication available as widely as possible, based on a fair and unbiased interpretation of state and federal law,” Hochul and James wrote in their letter to the pharmacy executives.

California Gov. Gavin Newsom said Wednesday that the state would not renew a $54 million contract with Walgreens in response to the company’s decision. A renewal of the contract, under which Walgreens provides medications to California inmates, was scheduled to take effect May 1.

New York state does not appear to have any active contracts with Walgreens, according to a review of records with the state comptroller’s office.

The FDA announced in January that it would allow retail pharmacies to dispense the abortion pill mifepristone to pregnant people with a prescription, following the release of new data on the drugs’ safety and efficacy. Before then, patients had to get the medication directly from a doctor.

Under the new policy, pharmacies must obtain certification to dispense the medication. Walgreens has said it is working on getting certified in some states, which the company declined to name, but is not yet distributing the pills anywhere.



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'Loaded gun': Intel officials bring TikTok concerns to Hill

The comments came in response to questions from Rep. Mike Gallagher (R-Wis.), who chairs the new House panel on China.

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Biden’s nominee for IRS chief confirmed by Senate


The Senate on Thursday confirmed President Joe Biden's pick to head the IRS, handing veteran federal government official Danny Werfel the high-pressure responsibility of spending a massive new windfall meant to transform the agency amid a fierce GOP offensive against virtually everything it does.

The Senate voted 54-42 to approve Werfel, with the support of six moderate Republicans who said he was a competent manager with the ability to steer the agency in the right direction.

But as Werfel heads over to IRS headquarters at 1111 Constitution Avenue, his time spent before the tax committees on Capitol Hill is far from over: Democrats will look to him to ensure that the $80 billion they handed the agency last year will be used as intended to crack down on wealthy tax cheats and corporations, as well as beefing up a host of other agency operations.

Republicans, meanwhile, have promised to grill Werfel on everything from what they view as the agency's excessive funding to the leak of confidential taxpayer information.

Senate Finance Committee Ron Wyden (D-Ore.) said in a floor speech Wednesday that Werfel can handle the crosswinds, given his stint as acting commissioner of the IRS in 2013 after the resignation of his predecessor over allegations that the agency unfairly targeted conservative organizations who were seeking tax-exempt status.

“For Mr. Werfel to get bipartisan support to lead the IRS at a time when a lot of Republicans would happily mothball the entire agency is a testament to his fairness, his ability to work with both sides and his undeniable qualification for this role," said Wyden.

Werfel, whom Biden plucked from a top job at Boston Consulting Group, had stints at the White House Office of Management and Budget and the Justice Department under Republican and Democratic administrations.

His overriding order of business at the IRS will be managing how the unprecedented $80 billion influx is spent. Treasury Secretary Janet Yellen had promised to deliver a blueprint for the spending by February, but missed the deadline.

In addition to playing defense with Republicans, lawmakers also want to see improved customer service — an abysmal 250 million of 282 million calls to the taxpayer help line went unanswered in 2021 — and upgrades to the computer systems that lawmakers from both sides consider woefully outdated.

IRS employees have also traditionally had to manually enter information from paper returns number by number, a labor-intensive process that severely bogged down the agency during the pandemic and that Treasury hopes to now fix with new digital scanning technologies.

Republicans, however, say the administration's true intent is to unleash an army of auditors on middle-class taxpayers and small businesses, with Finance Committee ranking member Mike Crapo (R-Idaho) saying Wednesday that achieving the agency's collection targets will be impossible without violating Yellen's pledge to not increase audits on those making less than $400,000.

Werfel managed to alleviate at least some of those concerns for the Republicans who voted for him: Sens. Bill Cassidy of Louisiana, Susan Collins of Maine, Chuck Grassley of Iowa, Lisa Murkowski of Alaska, Thom Tillis of North Carolina and Todd Young of Indiana.

“Danny Werfel showed an openness to different ways to update IRS processes. This is long overdue,” said Cassidy on why he voted for Biden's pick.

Young added that former Indiana Governor Mitch Daniels, who led the OMB under George W. Bush while Werfel was climbing the ranks there, attested to the Biden nominee's competency and non-partisan nature.

Still, Werfel’s bona fides didn’t prove enough to sway most of the GOP conference, with several indicating their no votes were cast out of general frustration with the tax policy charted by Biden and Yellen.

Those skeptical Republicans got an unexpected boost from Sen. Joe Manchin (D-W.Va.), who voted against Werfel amid a fierce battle over the administration’s handling of some provisions in the Inflation Reduction Act enacted last year, including those that require components of batteries for electric vehicles to be made in the United States and the opening of new oil leases in the Gulf of Mexico.

"I hope they come to their senses and do what the bill says that should be done," said Manchin, who nonetheless called Werfel "supremely qualified."



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