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Thursday 7 September 2023

Trump suffers another legal loss to E. Jean Carroll, as judge rules he defamed her as president


NEW YORK — A federal judge ruled Wednesday that former President Donald Trump defamed the writer E. Jean Carroll in 2019 after she publicly claimed that he raped her decades earlier — a decision that paves the way for a jury to decide how much additional money in damages Trump should pay to Carroll.

It’s the latest legal setback for Trump in a pair of civil lawsuits that Carroll brought against him. Four months ago, a jury found that Trump sexually abused Carroll in the 1990s and that he defamed her in 2022 when he called her account a “hoax.” The jury ordered Trump to pay Carroll $5 million.

Carroll’s second case, which is scheduled to go to trial in January, focuses on separate statements that Trump made about her while he was president. He said in 2019 that Carroll was peddling a false rape accusation and he suggested that she was motivated by money.

In a 25-page opinion on Wednesday, U.S. District Judge Lewis Kaplan ruled that, based on the outcome of the earlier trial, most of the 2019 statements at issue in the upcoming case are defamatory — and that Trump is liable for them.

That leaves only the issue of damages for the next jury to decide. Any damages Trump is ordered to pay over the 2019 statements would be on top of the $5 million verdict in the prior case. Trump has appealed that verdict.

In his ruling Wednesday, however, Kaplan withheld judgment on one of Trump’s 2019 statements at issue in the lawsuit, saying “neither party adequately has addressed whether or not summary judgment should be granted or denied” in connection with a comment Trump made to The Hill newspaper in June 2019.

Trump’s lawyers had disputed that the outcome of the trial earlier this year in connection with his 2022 statements should determine whether the comments he made about Carroll while president were defamatory.

The verdict in May included a jury award of $2 million in compensatory damages for the sexual abuse claim, $2.7 million in compensatory damages for the defamation claim and an additional punitive damages award of $228,000.

A lawyer for Carroll, Roberta Kaplan (who is not related to the judge), said Wednesday: “We look forward to trial limited to damages for the original defamatory statements Donald Trump made about our client E. Jean Carroll in 2019.”

A lawyer for Trump, Alina Habba, didn’t respond to a request for comment.



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Google to require disclosure of AI use in political ads


Starting in November, Google will mandate all political advertisements label the use of artificial intelligence tools and synthetic content in their videos, images and audio.

As campaigns and digital strategists explore using generative AI-tools heading into the 2024 election cycle, Google is the first tech company to announce an AI-related disclosure requirement for political advertisers.

Increased AI scrutiny in politics: Already, a PAC supporting Florida Gov. Ron DeSantis’ run for president used an AI-generated version of Donald Trump’s voice this summer on YouTube.

While the Federal Election Commission hasn’t set rules on using AI in political campaign ads, in August it voted to seek public comments on whether to update its misinformation policy to include deceptive AI ads.

The Google policy change also comes as Congress is working on comprehensive legislation to set guardrails on AI, and is meeting with leaders next week in the generative AI space, including Google CEO Sundar Pichai, which owns AI subsidiary DeepMind.

The specifics: Google’s latest rule update — which also applies to YouTube video ads — requires all verified advertisers to prominently disclose whether their ads contain “synthetic content that inauthentically depicts real or realistic-looking people or events.” The company mandates the disclosure be “clear and conspicuous” on the video, image or audio content. Such disclosure language could be “this video content was synthetically generated,” or “this audio was computer generated,” the company said.

A disclosure wouldn’t be required if AI tools were used in editing techniques, like resizing or cropping, or in background edits that don’t create realistic interpretations of actual events.

Political ads that don't have disclosures will be blocked from running or later removed if they evaded initial detection, said a Google spokesperson, but advertisers can appeal, or resubmit their ads with disclosures.

Elections worldwide: Google’s policy updates its existing election ads rules in regions outside the U.S. as well, including Europe, India and Brazil — which all have elections in 2024 as well. It will also apply to advertisements using “deepfakes,” which are videos or images that have been synthetically created to mislead, that are banned under the company’s existing misrepresentation policy.

Facebook currently doesn’t require the disclosure of synthetic or AI-generated content in its ads policies. It does have a policy banning manipulated media in videos that are not in advertisements, and bans the use of deepfakes.



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Newsom signs executive order preparing California for AI


California Gov. Gavin Newsom signed an executive order to study the development, use and risks of generative artificial intelligence — one of the most significant steps taken by a state to potentially regulate the rapidly growing technology.

Newsom’s order includes directives to state agencies and departments to perform a joint analysis on the risk AI poses to California’s energy infrastructure; issue guidelines for public sector procurement of generative AI based on White House and National Institute for Standards and Technology-issued guidelines; provide AI training for state government workers; and develop a framework to analyze generative AI’s impact on vulnerable communities.

The executive order is the state’s first step toward understanding how to govern AI, said Alex Stack, the deputy communications director for Newsom. The order primarily deals with the government’s own use of generative AI.



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Wednesday 6 September 2023

Secretary of Navy: Tuberville ‘aiding and abetting communists’ with military blockade


The leaders of three branches of the U.S. military slammed Sen. Tommy Tuberville (R-Ala.) over his monthslong blockade of senior military promotions Tuesday, with one accusing the Republican senator of “aiding and abetting communists.”

“For someone who was born in a communist country, I would have never imagined that actually one of our own senators would actually be aiding and abetting communists and other autocratic regimes around the world,” Navy Secretary Carlos Del Toro — a Cuban-born Navy veteran — said Tuesday during an interview on CNN alongside Air Force Secretary Frank Kendall and Army Secretary Christine Wormuth.

“This is having a real negative impact and will continue to have a real negative impact on our combat readiness,” Del Toro added.

Tuberville’s eight-month hold has forced more than 300 officers to extend their current tours or be sent on temporary assignments to wait out the blockade, according to the Pentagon. It’s also stifled any movement up the ranks for junior officers, freezing the status of even more military members and leaving military families in limbo.

Despite criticism from members of his own party, Tuberville has pledged not to back down until the Pentagon overturns its new policy of reimbursing service members who travel to another state to obtain abortions and other reproductive care.

“Our potential adversaries are paying attention,” Kendall said Tuesday on CNN to host Jake Tapper. “It is affecting how they view the United States and our military capabilities and support for the military. This needs to stop.”

“It is just unprecedented to be attacking apolitical general officers and flag officers in this way,” Wormuth said. “It is taking our apolitical military institution. That's a core principle of our constitutional democracy and eroding its foundation.”

Tuesday’s joint interview came a day after the trio wrote an op-ed in The Washington Postcalling on Tuberville to end his blockade.



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Christie knocks DeSantis for not meeting Biden during visit to survey hurricane damage


Former New Jersey Gov. Chris Christie on Tuesday blasted Florida Gov. Ron DeSantis for what he said was putting “politics ahead of his job,” after DeSantis snubbed President Joe Biden over the weekend during his visit to survey the damage caused by Hurricane Idalia.

“Your job as governor is to be the tour guide for the president, is to make sure the president sees your people, sees the damage, sees the suffering, what’s going on and what needs to be done to rebuild it,” Christie said during an interview on Fox News’ “The Brian Kilmeade Show.” “You’re doing your job. And unfortunately, he put politics ahead of his job. That was his choice.”

Christie, a rival of DeSantis in the Republican presidential primary, has personal experience navigating the optics of a visit from a Democratic president following a natural disaster. In the wake of Hurricane Sandy, a storm that ravaged New Jersey in 2012, Christie greeted then-President Barack Obama at an Atlantic City tarmac with a warm handshake — and subsequently spent years defending himself against his “hug” with Obama that some conservative pundits suggested was the reason Mitt Romney lost the presidential election weeks later.

Christie praised Sen. Rick Scott (R-Fla.), who stepped in to meet Biden when he arrived in Live Oak on Saturday.

“Fortunately, Rick Scott, the United States senator and a former governor, two-term governor, who knows what it means to be governor, showed up and made sure that the president saw the things that he needed to see,” Christie said, in another dig at DeSantis.

The DeSantis campaign did not immediately respond to a request for comment about Christie’s criticism. On Friday, the governor’s office cited security preparations and interference with recovery efforts as reasons for no meeting taking place.

Despite the continued attacks over his moment with Obama, Christie said on Tuesday that he had no regrets about the welcome he extended in 2012.

“I wouldn’t do a thing differently because my obligation is to the people who elected me. And the people who elected me were all the people of the state of New Jersey,” Christie told Kilmeade. “And guess what. We were able to rebuild our state in record time, be able to bring it back to where it needed to be, and return our tourism the very next summer.”



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Enrique Tarrio, Proud Boys leader on Jan. 6, sentenced to 22 years for seditious conspiracy


Enrique Tarrio, the national leader of the Proud Boys on Jan. 6, 2021, was sentenced Tuesday to 22 years in prison for masterminding a seditious conspiracy aimed at derailing the transfer of power from Donald Trump to Joe Biden.

The sentence, the lengthiest among hundreds arising from the Jan. 6 attack on the Capitol, is a reflection of prosecutors’ evidence that the Proud Boys, helmed by Tarrio, played the most pivotal role in stoking the violent breach of police lines and the Capitol itself.

“Mr. Tarrio was the ultimate leader of that conspiracy. Mr. Tarrio was the ultimate leader, the ultimate person who organized, who was motivated by revolutionary zeal,” U.S. District Court Judge Timothy Kelly said as he handed down Tarrio’s sentence. “That conspiracy ended up with about 200 men amped up for battle encircling the Capitol.”

Hundreds of Proud Boys from across the country, vetted and assembled by Tarrio and a group of top lieutenants, became a vanguard of sorts as a mob of Trump supporters descended on the Capitol, and members of the group were involved in nearly every breach of police lines that day. Dominic Pezzola, a New York Proud Boy who triggered the breach of the Capitol itself by smashing a Senate window with a stolen police shield, was sentenced Friday to 10 years in prison.

Tarrio, unlike most of his co-conspirators, was not at the Capitol on Jan. 6. Upon his arrival in Washington on Jan. 4, 2021, he was arrested for his role in the theft and burning of a Black Lives Matter flag from a church after an earlier pro-Trump march. Tarrio was released the next day and ordered to leave Washington D.C., so he headed with a group of allies to a hotel in Baltimore.

Prosecutors say despite his absence, he remained in touch with his men and monitored their actions on Jan. 6. And after the attack, he repeatedly celebrated the attack, defended his allies and regretted that it didn’t fully derail the transfer of power. He was convicted in May of seditious conspiracy, conspiring to obstruct Congress’ proceedings and destroying government property, among other charges.


Tarrio’s sentence closes a significant chapter in the investigation of the Jan. 6 attack. His 22-year sentence is likely to remain the lengthiest for anyone charged in connection with the attack itself — a mark that exceeds the 18-year sentences handed down to Oath Keepers founder Stewart Rhodes and Tarrio’s ally Ethan Nordean.

Prosecutors portrayed Tarrio as a uniquely influential figure who singularly organized a group of hardened Proud Boys members and aimed them at the Capitol on Jan. 6. They said his sentence had to serve as a deterrent to anyone who might target America’s system of government in the future.

“He was on a tier of his own,” said Assistant U.S. Attorney Conor Mulroe. “This was a calculated act of terrorism.”

Just before his sentence, Tarrio addressed Kelly, repeatedly apologizing for his conduct in the weeks leading up to Jan. 6. He said he regretted comparing Pezzola, in a message to a coconspirator on Jan. 6, to America’s founders.

"There’s no comparing anybody that was there — including myself — with George Washington or any of the Founding Fathers,” Tarrio said. “We invoked 1776 and the Constitution of the United States and that was wrong to do. That was a perversion."

Tarrio also apologized to police officers, lawmakers and D.C. residents for the carnage of Jan. 6.

“I had the choice multiple times to calm things out and I didn’t. I persisted when I should have calmed,” he said.

Tarrio said he would disavow politics and “groups” after leaving jail and wanted only to return to his family, get married and lead a productive life.

Kelly, a Trump appointee, appeared largely unmoved by Tarrio’s words of contrition. He emphasized that as the attack unfolded, he used his platform to tell his allies “Don’t fucking leave.” And that night, Tarrio privately told a confidant, “Make no mistake. We did this.” Despite Tarrio’s contrition, Kelly again slammed him for comparing Pezzola to George Washington.

“It slanders the father of our country to speak that way,” Kelly said.

The judge added that he doesn’t see evidence, despite Tarrio’s apologies, that he feels remorse for the seditious conspiracy for which he was convicted.

The Proud Boys traced their rise in large part to Trump himself, gaining national notoriety for street brawls against left-wing protesters who they accused of aligning with antifa. The group saw a recruitment surge in September 2020 when Trump told them to “stand back and stand by” on a debate stage — a comment that became a rallying cry for Tarrio and other Proud Boys leaders.

Prosecutors say members of the group saw Trump’s fate in the 2020 election as a harbinger of their own, fearing that his defeat would marginalize them. They quickly embraced Trump’s false claims of fraud and joined pro-Trump marches in Washington, D.C., in November and December 2020, both of which were marred by street violence. Prosecutors say the December event, in particular, also fueled the Proud Boys’ leaders disdain for Washington, D.C. police, who made no arrests after a man stabbed four Proud Boys outside a bar they frequented.

After Trump urged supporters to descend on Washington on Jan. 6 for a last-ditch effort to cling to power, the Proud Boys began mobilizing — and in prosecutors’ view, conspiring to help Trump derail the transfer of power at any cost. Stung by the violence they witnessed in December, the group also said they wanted to ensure they only brought disciplined men who would follow orders, and they established a new chapter — “The Ministry of Self-Defense” — aimed at organizing their Jan. 6 efforts.

Prosecutors also homed in on Tarrio’s receipt of a document from a girlfriend — Eryka Flores — titled “1776 returns,” a blueprint for occupying federal buildings in order to block Congress’ Jan. 6 proceedings. The document described the Capitol as “The Winter Palace,” a reference to the Russian Revolution of 1917. Tarrio, when texting with an exhilarated ally on the evening on Jan. 6, responded simply, “Winter Palace.”



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Here are the longest Jan. 6 prison sentences handed down so far


Enrique Tarrio, the former top leader of the Proud Boys, was sentenced to 22 years in prison on Tuesday, the latest in a series of hearings for members of the far-right group over their roles in the Jan. 6, 2021, attack on the Capitol.

Close to 1,100 people have been arrested in connection with the Jan. 6 riot so far, and more than 300 have been sentenced to periods of incarceration. More arrests continue to roll in more than 30 months after the attack.

Tarrio is the last to be sentenced among a group of Proud Boys who were convicted of seditious conspiracy in May, and his sentence is the longest of any Jan. 6 defendant so far. Here are the longest prison sentences rioters have received.

Enrique Tarrio: 22 years

Tarrio, former chair of the Proud Boys, was sentenced to 22 years in prison on Tuesday for masterminding a seditious conspiracy aimed at keeping then-President Donald Trump in power. Tarrio has been in jail since his arrest in February 2022.

Prosecutors wanted Tarrio to be sentenced to 33 years in prison.

Tarrio wasn’t present at the Capitol on Jan. 6 because he had been ordered to stay away from Washington after being arrested and charged with setting fire to a Black Lives Matter banner. However, prosecutors say Tarrio continued to rally his men from afar, urging them to remain in the Capitol.

Tarrio was convicted in May.

Stewart Rhodes: 18 years

Stewart Rhodes, the leader of the far-right Oath Keepers, was sentenced last week to 18 years in prison for seditious conspiracy.

Prosecutors say Rhodes planned a weekslong effort to derail the transfer of power from Trump to Joe Biden, leading to the organization of dozens of allies to descend on Washington on Jan. 6. Rhodes was convicted in November.

Rhodes, a Yale Law graduate and military veteran, was the first of 14 Jan. 6 defendants, including nine Oath Keepers, to face sentencing after being convicted of seditious conspiracy.

Kelly Meggs, Florida chapter leader of the Oath Keepers, was sentenced alongside Rhodes to 12 years behind bars.

Joe Biggs: 17 years

Joe Biggs, a Florida leader of the Proud Boys on Jan. 6, was sentenced last week to 17 years in prison for conspiring to derail the peaceful transfer of power. Prosecutors had asked for a 33-year sentence.

Prosecutors say Biggs was a part of the driving force behind the violence on Jan. 6 by facilitating breaches at police lines and helping crowds advance into the Capitol.

Biggs is an Army veteran who sustained a head injury in Iraq and then was a correspondent for the conspiracy website InfoWars.

Zach Rehl: 15 years

Zach Rehl, another leader of the Proud Boys, was sentenced to 15 years in prison alongside Biggs last week for conspiring to derail the peaceful transfer of power. Prosecutors had asked for a 30-year sentence for Rehl.

Rehl was seen on video spraying a chemical irritant at police officers outside the Capitol on Jan. 6 but lied about the assault when he testified. Rehl also led at least three other men into the Capitol and into a senator’s office to smoke and pose for photos.

Peter Schwartz: 14 years

Peter Schwartz of Pennsylvania was sentenced in May to just over 14 years in prison. Schwartz was found guilty in December on 10 charges, including four felony charges of assaulting, resisting or impeding officers while using a dangerous weapon.

A jury convicted Schwartz on assault and civil disorder charges for throwing a chair at officers and spraying them with pepper spray. Schwartz also has a prior criminal history of 38 felony convictions dating back to 1991.

Daniel “D.J.” Rodriguez: 12 years

Daniel “D.J.” Rodriguez, who drove a stun gun into a police officer’s neck on Jan. 6, was sentenced to 12 years in prison in June.

Former D.C. Police Officer Michael Fanone’s body camera showed the officer screaming in pain after Rodriguez shocked him with a stun gun, according to The Associated Press. Rodriguez also deployed a fire extinguisher at police officers and shoved a wooden pole at the police line.

As Rodriguez was led out of the courtroom after his sentencing, he yelled, “Trump won!”

Dominic Pezzola: 10 years

Dominic Pezzola, a New York Proud Boy, was sentenced to 10 years in prison last week for triggering the Jan. 6 attack on the Capitol when he smashed a window with a stolen police riot shield.

Pezzola also filmed himself inside the Capitol smoking a cigar and celebrating the Capitol breach.

Pezzola, unlike other Proud Boy members, was a newcomer who didn’t write violent online messages leading up to the Jan. 6 attack, according to The Associated Press. However, the judge argued that Pezzola was still “the tip of the spear” in allowing rioters into the Capitol on Jan. 6.

Thomas Webster: 10 years

Thomas Webster, a retired New York City police officer who assaulted a D.C. officer on the front lines of the Capitol riot, was sentenced to 10 years in prison last week.

Webster was the first defendant to present a self-defense argument, though a jury rejected that claim because he tackled a D.C. officer and grabbed his gas mask. Webster has said he wishes he had never gone to Washington.

U.S. District Judge Amit Mehta described Webster’s assault on the officer as one of the most haunting and shocking images from Jan. 6.

Kelly Garrity contributed to this report.



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