Supreme Court cancels arguments over Trump bid to withhold parts of Russia probe

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Friday canceled oral arguments next month over President Donald Trump’s bid to keep Congress from seeing material withheld from former Special Counsel Robert Mueller’s report on Russian political meddling, raising the possibility that the justices may never rule on the issue.

The court granted a request from the Democratic-led House of Representatives Judiciary Committee, which asked in court papers for a postponement given that a new Congress will convene in the first week of January 2021 and Democratic President-elect Joe Biden will be inaugurated on Jan. 20.

The committee last year subpoenaed grand jury materials related to the Mueller report, which documented Moscow’s interference in the 2016 presidential election to boost Trump’s candidacy. The Justice Department withheld the materials when the report was released.

Come January, a newly constituted committee, still led by Democrats following last month’s election, “will have to determine whether it wishes to continue pursuing the application for the grand-jury materials that gave rise to this case,” the committee said in the court papers.

Acting U.S. Solicitor General Jeffrey Wall, representing the Trump administration, did not oppose the request.

The oral arguments had been scheduled for Dec. 2. The court action in a brief order means it is possible the case will be dropped altogether once Biden takes office.

Mueller submitted his report to U.S. Attorney General William Barr in March 2019 after a 22-month investigation that detailed Russian hacking and propaganda efforts to help the Republican Trump and harm his Democratic opponent Hillary Clinton and documented multiple contacts between Trump’s campaign and Moscow.

(Reporting by Lawrence Hurley. Additional reporting by Andrew Chung; Editing by Howard Goller)

Pence urges Georgia Republicans to turn out in final Senate battleground

By Jeff Mason

CANTON, Ga. (Reuters) – Vice President Mike Pence charged into the final battle for control of the U.S. Senate on Friday, urging Republican voters in Georgia to come out in force for Senators David Perdue and Kelly Loeffler in two hotly contested Jan. 5 runoff elections.

With state officials poised to certify President-elect Joe Biden’s election victory over President Donald Trump, Pence joined a bus tour through suburban Republican strongholds north of Atlanta, with stops at two “Defend the Majority” rallies.

“Georgia, I got back on the bus today because we need you to stay in the fight,” Pence told hundreds of cheering supporters at an outdoor event in Canton. “Stay in the fight until we send David Perdue and Kelly Loeffler back to a Republican majority.”

Democrats hope that challengers Jon Ossoff and Raphael Warnock will emerge victorious in the tight contests to give them a Senate majority that can push Biden’s agenda through Congress next year.

“Vote, Georgia!” Pence said, pausing to tell the crowd the exact time and place where early in-person voting will begin in their community on Dec. 14. “Be in line and vote!”

With Trump no longer on the ballot, Republicans and Democrats both face challenges getting large numbers of voters to the polls in January.

Pence, who the White House said will make repeated visits to Georgia ahead of the runoffs, traveled with U.S. Agriculture Secretary Sonny Perdue, a cousin of the senator and a leading party figure who served as the first Republican governor of Georgia since the post-Civil War Reconstruction.

The vice president portrayed Perdue and Loeffler as integral parts of Trump’s agenda to cut taxes, reduce regulation, fund the military, secure the border and appoint conservative judges, including three U.S. Supreme Court justices.

Pence’s visit came at a time of infighting between Georgia Republicans.

Georgia has not elected a Democratic senator since 1996. But Republican confidence has been shaken by Biden’s narrow 49.5% to 49.2% lead over Trump, making him the first Democratic presidential candidate to win the state in nearly three decades.

Loeffler and Perdue ruffled party feathers by calling jointly for the resignation of Georgia Secretary of State Brad Raffensperger, a fellow Republican, as the state conducted a series of vote recounts focused on the presidential contest.

Loeffler also fought a bitter contest against Republican rival Doug Collins in the months leading up to the Nov. 3 election and may have alienated some Collins supporters.

Democrats, who netted only one Republican Senate seat nationwide in the election, need both Georgia seats to give them 50 of the Senate’s 100 seats, with Vice President-elect Kamala Harris wielding the tie-breaking vote.

Trump’s refusal to concede the presidential election is also complicating matters for Republicans by making it hard to rally voters to hold the line against a Biden presidency. Pence did not mention Biden in his remarks, portraying Democratic Senate leader Chuck Schumer and House Speaker Nancy Pelosi instead as political villains.

“Let’s show the world what Georgia’s all about, that the agenda of Chuck Schumer and Nancy Pelosi is not the agenda of the people of Georgia,” Pence said.

The vice president vowed that Trump would continue to contest the results of the presidential election, and drew periodic chants of “Stop the Steal!” and Four More Years!”

He steered clear of references to the intensifying coronavirus pandemic in addressing supporters, only some of whom wore masks with little social distancing.

Campaign donors and outside groups are pouring money and resources into the state for two-month runoff election campaigns that could see well over $100 million in overall spending.

Republicans have formed a fundraising network called the Georgia Battleground Fund led by scores of party celebrities including members of Congress, former governors and ambassadors. A source said the fund is seeking millions of dollars from donors in big states like Florida and Texas.

House Republican leader Kevin McCarthy, an honorary fund co-chair, chipped in $1 million for the Georgia races during a Zoom call on Thursday with 60 other House members that raised $2.7 million overall in just 30 minutes, according to a person familiar with the event.

(Reporting by Jeff Mason in Georgia and David Morgan in Washington; additional reporting by Jarrett Renshaw in Wilmington, Delaware; writing by David Morgan; Editing by Scott Malone, Alistair Bell and Sonya Hepinstall)

Trump to meet Michigan lawmakers in bid to overturn electoral defeat

By Joseph Ax

(Reuters) – President Donald Trump will meet with Republican leaders from Michigan at the White House on Friday as his campaign pursues a bid to overturn the Nov. 3 election following a series of courtroom defeats.

The Trump campaign’s latest strategy, as described by three people familiar with the plan, is to convince Republican-controlled legislatures in battleground states won by President-elect Joe Biden, such as Michigan, to set aside the results and determine Trump the winner.

“The entire election frankly in all the swing states should be overturned and the legislatures should make sure that the electors are selected for Trump,” Sidney Powell, one of Trump’s lawyers, told Fox Business Network on Thursday.

Biden, a Democrat, won the election and is preparing to take office on Jan. 20, but Trump, a Republican, has refused to concede and is searching for a way to invalidate the results, claiming widespread voter fraud.

The Trump team is focusing on Michigan and Pennsylvania for now, but even if both those states flipped to the president he would need another state to overturn its vote to surpass Biden in the Electoral College.

Such an extraordinary event would be unprecedented in modern U.S. history. Trump not only would need three state legislatures to intervene against vote counts as they stand now, but then also have those actions upheld by Congress and, almost certainly, the Supreme Court.

Michigan’s state legislative leaders, Senate Majority Leader Mike Shirkey and House Speaker Lee Chatfield, both Republicans, will visit the White House at Trump’s request, according to a source in Michigan.

The two lawmakers will listen to what the president has to say, the source said. Shirkey told a Michigan news outlet earlier this week that the legislature would not appoint a second slate of electors.

“It’s incredibly dangerous that they are even entertaining the conversation,” Michigan Governor Gretchen Whitmer, a Democrat, told MSNBC. “This is an embarrassment to the state.”

SOUNDING THE ALARM

Biden, meanwhile, is due on Friday to meet Democratic leaders in Congress, House of Representatives Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer after spending most of the week with advisers planning his administration.

Nationally, Biden won nearly 6 million more votes than Trump, a difference of 3.8 percentage points. But the outcome of the election is determined in the Electoral College, where each state’s electoral votes, based largely on population, are typically awarded to the winner of a state’s popular vote.

Biden leads by 306 electoral votes to Trump’s 232 as states work to certify their results at least six days before the Electoral College convenes on Dec. 14.

Legal experts have sounded the alarm at the notion of a sitting president seeking to undermine the will of the voters, though they have expressed skepticism that a state legislature could lawfully substitute its own electors.

Trump’s lawyers are seeking to take the power of appointing electors away from state governors and secretaries of state, and give it to friendly state lawmakers from his party, saying the U.S. Constitution gives legislatures the ultimate authority.

ROMNEY CRITICIZES TRUMP

Even though election officials have not reported any major irregularities, most prominent Republicans have remained devoted to their leader or quietly acceded. But a few Republicans, including senator and former presidential candidate Mitt Romney, have spoken out.

“Having failed to make even a plausible case of widespread fraud or conspiracy before any court of law, the president has now resorted to overt pressure on state and local officials to subvert the will of the people and overturn the election,” Romney said in a statement on Thursday. “It is difficult to imagine a worse, more undemocratic action by a sitting American president.”

Other Republican senators including Ben Sasse and Joni Ernst called on Trump to offer proof.

Trump’s attempts to reverse the outcome via lawsuits and recounts have met with little success.

The Georgia Secretary of State on Friday confirmed that Biden won the state after a manual recount and an audit were conducted.

“The numbers reflect the verdict of the people, not a decision by the secretary of state’s office or courts, or of either campaigns,” Georgia Secretary of State Brad Raffensperger, a Republican and Trump supporter, told reporters.

Despite the setbacks, the Trump campaign has not abandoned its legal efforts.

Rudy Giuliani, the president’s personal lawyer, said on Thursday he planned to file more lawsuits, accusing Democrats of masterminding a “national conspiracy” to steal the election, though he offered no evidence to support the claim.

Biden called Trump’s attempts “totally irresponsible” on Thursday, though he has expressed little concern they will succeed in preventing him from taking office on Jan. 20.

(Reporting by Joseph Ax in Princeton, New Jersey; Additional reporting by Michael Martina in Detroit, Jarrett Renshaw in Wilmington, Delaware, Karen Freifeld in New York and Jan Wolfe and Doina Chiacu in Washington; Editing by Lincoln Feast, Daniel Trotta, David Clarke and Chizu Nomiyama)

Why Republican voters say there’s ‘no way in hell’ Trump lost

By Brad Brooks, Nathan Layne and Tim Reid

SUNDOWN, Texas (Reuters) – Brett Fryar is a middle-class Republican. A 50-year-old chiropractor in this west Texas town, he owns a small business. He has two undergraduate degrees and a master’s degree, in organic chemistry. He attends Southcrest Baptist Church in nearby Lubbock.

Fryar didn’t much like Donald Trump at first, during the U.S. president’s 2016 campaign. He voted for Texas Senator Ted Cruz in the Republican primaries.

Now, Fryar says he would go to war for Trump. He has joined the newly formed South Plains Patriots, a group of a few hundred members that includes a “reactionary” force of about three dozen – including Fryar and his son, Caleb – who conduct firearms training.

Nothing will convince Fryar and many others here in Sundown – including the town’s mayor, another Patriots member – that Democrat Joe Biden won the Nov. 3 presidential election fairly. They believe Trump’s stream of election-fraud allegations and say they’re preparing for the possibility of a “civil war” with the American political left.

“If President Trump comes out and says: ‘Guys, I have irrefutable proof of fraud, the courts won’t listen, and I’m now calling on Americans to take up arms,’ we would go,” said Fryar, wearing a button-down shirt, pressed slacks and a paisley tie during a recent interview at his office.

The unshakable trust in Trump in this town of about 1,400 residents reflects a national phenomenon among many Republicans, despite the absence of evidence in a barrage of post-election lawsuits by the president and his allies. About half of Republicans polled by Reuters/Ipsos said Trump “rightfully won” the election but had it stolen from him in systemic fraud favoring Biden, according to a survey conducted between Nov. 13 and 17. Just 29% of Republicans said Biden rightfully won. Other polls since the election have reported that an even higher proportion – up to 80% – of Republicans trust Trump’s baseless fraud narrative.

Trump’s legal onslaught has so far flopped, with judges quickly dismissing many cases and his lawyers dropping or withdrawing from others. None of the cases contain allegations – much less evidence – that are likely to invalidate enough votes to overturn the election, election experts say.

And yet the election-theft claims are proving politically potent. All but a handful of Republican lawmakers have backed Trump’s fraud claims or stayed silent, effectively freezing the transition of power as the president refuses to concede. Trump has succeeded in sowing further public distrust in the media, which typically calls elections, and undermined citizens’ faith in the state and local election officials who underpin American democracy.

In Reuters interviews with 50 Trump voters, all said they believed the election was rigged or in some way illegitimate. Of those, 20 said they would consider accepting Biden as their president, but only in light of proof that the election was conducted fairly. Most repeated debunked conspiracy theories espoused by Trump, Republican officials and conservative media claiming that millions of votes were dishonestly switched to Biden in key states by biased poll workers and hacked voting machines.

Many voters interviewed by Reuters said they formed their opinions by watching emergent right-wing media outlets such as Newsmax and One American News Network that have amplified Trump’s fraud claims. Some have boycotted Fox News out of anger that the network called Biden the election winner and that some of its news anchors – in contrast to its opinion show stars – have been skeptical of Trump’s fraud allegations.

“I just sent Fox News an email,” Fryar said, telling the network: “You’re the only news I’ve watched for the last six years, but I will not watch you anymore.”

The widespread rejection of the election result among Republicans reflects a new and dangerous dynamic in American politics: the normalization of false and increasingly extreme conspiracy theories among tens of millions of mainstream voters, according to government scholars, analysts and some lawmakers on both sides of the political divide. The trend has deeply troubling long-term implications for American political and civic institutions, said Paul Light, a veteran political scientist at New York University (NYU).

“This is dystopian,” Light said. “America could fracture.”

Adam Kinzinger, a Republican member of the U.S. House of Representatives, is among the few party members to publicly recognize Biden’s victory. He called his Republican colleagues’ reluctance to reject Trump’s conspiracies a failure of political courage that threatens to undermine American democracy for years. If citizens lose faith in election integrity, that could lead to “really bad things,” including violence and social unrest, he said in an interview.

David Gergen – an adviser to four previous U.S. presidents, two Democrats and two Republicans – said Trump is trying to “kneecap” the Biden administration before it takes power, noting this is the first time a sitting American president has tried to overthrow an election result.

It may not be the last time. Many Republicans see attacks on election integrity as a winning issue for future campaigns – including the next presidential race, according to one Republican operative close to the Trump campaign. The party, the person said, is setting up a push for “far more stringent oversight on voting procedures in 2024,” when the party’s nominee will likely be Trump or his anointed successor.

Other Republicans urged patience and faith in the government. Charlie Black, a veteran Republican strategist, does not believe Republican lawmakers will continue backing Trump’s fraud claims after Biden is inaugurated. They will need White House cooperation on basic government functions, such as appropriations and defense bills, he said.

“People will come to see we still have a functioning government,” Black said, and Republicans will become “resigned to Biden, and see it’s not the end of the world.”

The Biden campaign declined to comment for this story. Boris Epshteyn, a strategic advisor to the Trump campaign, said: “The President and his campaign are confident that when every legal vote is counted, and every illegal vote is not, it will be determined that President Trump has won re-election to a second term.”

‘THERE’S JUST NO WAY’

Media outlets declared Biden the election winner on Nov. 7. As calls were finalized in battleground states, Biden’s lead in the Electoral College that decides the presidency widened to 306 to 232.

Many Republican voters scoff at those results, convinced Trump was cheated. Raymond Fontaine, a hardware store owner in Oakville, Connecticut, said Biden’s vote total – the highest of any presidential candidate in history – makes no sense because the 78-year-old Democrat made relatively few campaign appearances and seemed to be in mental decline.

“You are going to tell me 77 million Americans voted for him? There is just no way,” said Fontaine, 50.

The latest popular vote total for Biden has grown to about 79 million, compared to some 73 million for Trump.

Like many Trump supporters interviewed by Reuters, Fontaine was deeply suspicious of computerized voting machines. Trump and his allies have alleged, without producing evidence, a grand conspiracy to manipulate votes through the software used in many battleground states.

In Grant County, West Virginia – a mountainous region where more than 88% of voters backed the president – trust in Trump runs deep. Janet Hedrick, co-owner of the Smoke Hole Caverns log cabin resort in the small town of Cabins, said she would never accept Biden as a legitimate president.

“There’s millions and millions of Trump votes that were just thrown out,” said Hedrick, 70, a retired teacher and librarian. “That computer was throwing them out.”

At the Sunset Restaurant in Moorefield, West Virginia – a diner featuring omelets, hotcakes and waitresses who remember your order – a mention of the election sparked a spirited discussion at one table. Gene See, a retired highway construction inspector, and Bob Hyson, a semi-retired insurance sales manager, said Trump had been cheated, that Biden had dementia and that Democrats planned all along to quickly replace Biden with his more liberal running mate for vice president, Kamala Harris.

“I think if they ever get to the bottom of it, they will find massive fraud,” said another of the diners, Larry Kessel, a 67-year-old farmer.

Kessel’s wife, Jane, patted him on the arm, trying to calm him, as he grew agitated while railing against anti-Trump media bias.

Trump’s rage against the media has lately included rants against Fox News. He has pushed his supporters towards more right-wing outlets such as Newsmax and One America News Network, which have championed the president’s fraud claims.

Rory Wells, 51, a New Jersey lawyer who attended a pro-Trump “stop the steal” election protest in Trenton last week, said he now watches Newsmax because Fox isn’t sufficiently conservative.

“I like that I get to hear from Rudy Giuliani and others who are not immediately discounted as being crazy,” he said of Trump’s lead election lawyer.

Newsmax CEO Chris Ruddy said the network’s viewership has exploded since the election, with nearly 3 million viewers nightly via cable television and streaming video devices.

Ruddy said Newsmax isn’t saying that Biden stole the election – but they’re also not calling him the winner given that Trump has valid legal claims. “The same media who said Biden would win in a landslide now want to not have recounts,” he said in a phone interview.

Charles Herring, president of One America News Network, said in a statement that his network has seen three weeks of record ratings, as “frustrated Fox News viewers” have tuned in.

‘NO WAY IN HELL’

Some Trump supporters said they would accept Biden as the winner if that is the final, official result. Janel Henritz, 36, echoed some others in saying that she believed the election included fraud, but perhaps not enough to change the outcome. Henritz, who works alongside her mother Janet Hedrick at their log cabin resort in West Virginia, said she would accept the outcome if Biden remains the winner after recounts and court challenges.

“Then he won fair and square,” she said.

In Sundown, Texas, Mayor Jonathan Strickland said there’s “no way in hell” Biden won fairly. The only way he’ll believe it, he said, is if Trump himself says so.

“Trump is the only one we’ve been able to trust for the last four years,” said Strickland, an oilfield production engineer. “As far as the civil war goes, I don’t think it’s off the table.”

If it comes to a fight, Caleb Fryar is ready. But the 26-year-old son of Brett Fryar, the chiropractor, said he hoped Trump’s fraud allegations would instead spark a massive mobilization of Republican voters in future elections.

Asked whether Trump might be duping his followers, he said it’s hard to fathom.

“If I’m being manipulated by Trump … then he is the greatest con man that ever lived in America,” Caleb Fryar said. “I think he’s the greatest patriot that ever lived.”

(Reporting by Brad Brooks in Texas, Nathan Layne in West Virginia and Tim Reid in California; editing by Brian Thevenot)

Trump administration issues two rules aimed at drug prices

(Reuters) – U.S. President Donald Trump on Friday said it was issuing two new rules that are aimed at lowering drug prices for the Medicare program, including one aimed at making sure pharmacy benefit managers pass after-market rebates onto seniors.

The second rule is aimed at aligning the prices paid in the United States to those paid in foreign countries, he said.

(Reporting by Caroline Humer, Editing by Franklin Paul)

U.S. coronavirus wildfire hitting jobs as broad recovery trudges on

By Howard Schneider

WASHINGTON (Reuters) – The most intense U.S. coronavirus outbreak yet appears to have slowed hiring and may have begun to drag on retail spending on the cusp of the holiday shopping season, even as overall economic activity proves more resilient than in the spring.

But that uneasy coexistence – wildfire-like spread of a deadly disease with an economy that remains largely open – may be tested in coming weeks if face mask mandates and lighter-touch restrictions imposed by local governments fail to curb the spread of COVID-19. Infections are growing by more than 1 million a week, according to data from the COVID Tracking Project, and the week-to-week percentage change is rising too.

Some local governments are taking more aggressive steps, with New York City again closing schools, and in a rare federal response from the “lame-duck” administration of President Donald Trump, the U.S. Centers for Disease Control and Prevention urged Americans not to travel for next week’s Thanksgiving holiday, which typically sees tens of millions on the move.

Most states, though, are moving gingerly, curbing restaurant hours or seating capacity, but not shuttering nonessential businesses like during the early months of the U.S. outbreak in the spring.

Still, the surge in cases appears to have capped the U.S. economic rebound, according to high-frequency data tracked by economists for real-time evidence about the recovery.

Employment at a sample of mostly small businesses from time management firm Homebase declined for a fourth week, and shifts worked across different industries fell, according to time management firm UKG.

“The uncertainty that exists right now and has existed really since mid-summer is making it really hard for business owners to think about growth,” said David Gilbertson, UKG vice president for strategy and operations. “We seem to take one step forward, and then one step back.”

The decline in shifts from mid-October to mid-November likely points to a weakening jobs report in November, he said.

LOOKING ‘GRIM’

Since the spring’s catastrophic drop in employment, the economy has clawed back about half of the more than 20 million lost positions. But momentum is slowing, and last week the number of new claims for unemployment insurance rose for the first time in about a month.

An index of new job postings from analytics firm Chmura as of August had reached a high of 85% of the level predicted in the absence of the pandemic, but is now at 67%.

Workers may be in for a “grim” period, said AnnElizabeth Konkel, economist at Indeed Hiring Lab, whose index of job postings remains 13% below 2019 levels. Holiday hiring is largely complete, and unemployment benefits are expiring for many of those out of work since the spring, a lapse that may finally be weighing on national data.

Initially, the flood of government support increased incomes for many families and supported consumer spending. Data on 30 million JPMorgan debit- and credit-card customers, however, showed spending fell “notably” in early November from a level just 2.7% below 2019 to 7.4% below last year, said JPMorgan economist Jesse Edgerton.

Declines were sharper in places where COVID-19 was spreading more rapidly but were still widespread, suggesting “a broader pullback in spending,” Edgerton wrote. U.S. retail sales in October also grew less than expected.

That and other data indicate an outright decline in jobs in November versus October, Edgerton said, evidence that millions left jobless by the pandemic face a long road back to normal.

SOME IMPROVEMENTS

Vaccine prospects, however, “represent a ray of light at the end of the tunnel,” said Gregory Daco, chief U.S. economist at Oxford Economics. Oxford recovery tracker rose slightly last week, snapping a five-week skid, a sign that the scale of economic collapse seen in the spring is not in the offing.

Data from OpenTable showed a slight rise in diners seated at restaurants over the past week even as new limits were imposed.

Some Federal Reserve officials have noted how businesses, particularly in manufacturing, construction and some parts of the retail sector, have adapted to operating during the pandemic. A New York Fed weekly index projecting growth in gross domestic product has risen steadily since the recession began.

But Oxford’s index and other data have also remained largely stalled, well below pre-pandemic levels. Data tracking cellphone movement from Unacast, for example, has shown no upward trend since summer.

That may remain the case until vaccines are rolled out to enough people to make a difference.

Meanwhile, “the recovery is becoming entrenched in a low-growth mode, and we are worried about signs of lasting economic damage,” Daco wrote.

(Reporting by Howard Schneider; Editing by Dan Burns and Paul Simao)

Biden’s possible attorney general pick has moderate track record: progressive critics

By Sarah N. Lynch

WASHINGTON (Reuters) – President-elect Joe Biden has pledged to end the federal death penalty and eliminate mandatory minimum sentences, but some progressives say a potential pick for attorney general to carry out those reforms may not be the one to enact bold changes.

Sally Yates, 60, is a leading candidate for the job, according to sources. The Atlanta native is perhaps best known for being fired from her position as acting attorney general by Republican President Donald Trump in his first month in office when she refused to enforce his first attempt at banning travelers from Muslim-majority nations.

Her history at the Department of Justice (DOJ) – where Democratic President Barack Obama appointed her as deputy attorney general in 2015, and before that as Atlanta’s top federal prosecutor for about five years – make the adviser to the Biden transition team a safe pick for a role subject to confirmation by the U.S. Senate, which may still be under Republican control next year.

Asked for comment, a Yates spokeswoman provided a lengthy list of opinion articles, testimony and other records she said demonstrate Yates’ strong commitment to criminal justice reform.

A Biden transition team spokesman did not respond to a request for comment.

Yates has expressed a measured approach on some criminal justice reforms, including previously voicing some support for the mandatory minimum sentences Biden wants to end – a position some progressives worry may not go far enough at a time of reckoning for the criminal justice system.

“She has done courageous things, but she is a career prosecutor,” said Rachel Barkow, a New York University law professor who previously served on the U.S. Sentencing Commission, which sets federal sentencing guidelines.

“The question will be, if Sally Yates comes in a second time, does she do a better job reading the moment or is she still coming with that DOJ insider lens?”

The United States was rocked by a fresh wave of street protests this year over the killings of Black men and women by police, including George Floyd in Minneapolis in May.

CONFRONTING RACIAL INJUSTICE

That has led Democrats, including Biden to rethink policies, including mandatory minimum sentences, that have led to the disproportionate incarceration of African-American men. Biden has also expressed support for approving more clemency petitions from nonviolent offenders.

Yates, during her 2015 confirmation hearing for deputy attorney general, called mandatory minimum sentences “an important tool for prosecutors,” which could nevertheless be used more judiciously due to the “fiscal reality” facing U.S. prisons.

While she was U.S. attorney in Atlanta, her office also sought the death penalty in some cases, and she testified on the Justice Department’s behalf to urge the U.S. Sentencing Commission to narrowly limit who could qualify to apply retroactively for a drug sentence reduction.

She was also involved in a controversy surrounding a 2014 clemency project, after Pardon Attorney Deborah Leff resigned in protest due to a backlog of 1,000 recommendations sitting in Yates’ office, 100 of which were urging clemency be granted.

In her January 2016 resignation letter, Leff said Yates had blocked her access to the White House, including on cases where Yates had reversed Leff’s clemency determinations. Yates’ defenders say she was passionate about clemency, and personally reviewed every petition herself.

Some former colleagues say Yates deserves credit for important work that began during the Obama administration, much of which has since largely been undone during Trump’s term.

Yates spearheaded efforts to scale back the federal government’s use of private prisons, revamped the Bureau of Prisons’ education program to better prepare inmates for release and urged limits on solitary confinement.

She also persuaded Obama-era Attorney General Eric Holder to expand on his new policy scaling back the use of mandatory minimums and later publicly rebuked Trump’s first attorney general, Jeff Sessions, after he reversed these policies in 2017.

“Somebody like Sally is very attuned to what has been happening in the country after George Floyd’s murder,” said Vanita Gupta, who headed the DOJ’s civil rights division during Yates’ tenure and now heads the Leadership Conference on Civil & Human rights. “She is very personally committed to civil rights and criminal justice reform, and I would fully expect that commitment would actually only deepen.”

(Reporting by Sarah N. Lynch; Editing by Scott Malone and Jonathan Oatis)

Trump campaign drops Michigan lawsuit: statement

WASHINGTON (Reuters) – President Donald Trump’s re-election campaign said on Thursday it was withdrawing its lawsuit disputing vote results in Michigan, in another legal attempt to challenge the Nov. 3 victory of U.S. President-elect Joe Biden.

“This morning we are withdrawing our lawsuit in Michigan as a direct result of achieving the relief we sought: to stop the election in Wayne County from being prematurely certified before residents can be assured that every legal vote has been counted and every illegal vote has not been counted,” Trump lawyer Rudy Giuliani said in a statement.

(Reporting by Doina Chiacu; Editing by Chizu Nomiyama)

Options dwindling, Trump faces likely setback in Georgia recount

By Andy Sullivan and Susan Heavey

WASHINGTON (Reuters) – The U.S. presidential election battleground state of Georgia is expected on Thursday to affirm Joe Biden’s victory over Donald Trump after a painstaking recount, which would deal yet another setback to the president’s attempts to cling to power.

Georgia’s top election official, a Republican, has said the manual recount of almost 5 million votes is unlikely to erode Biden’s initial 14,000 winning margin by enough to hand Trump victory in the state.

That would leave Republican Trump with a dwindling number of options to overturn the results of an election in which Democrat Biden won 5.8 million more votes nationwide. Barring a series of unprecedented events, Biden will be sworn in on Jan. 20.

In the state-by-state Electoral College that determines the winner, Biden has captured 306 electoral votes to Trump’s 232, well ahead of the 270 needed for victory. The winner in each state is awarded that state’s electoral votes, a number roughly proportional to the population.

Flipping Georgia’s 16 votes would still leave Trump at least two closely contested states away from overturning Biden’s victory. Georgia officials say they expect to release results on Thursday ahead of a certification deadline on Friday.

In Pennsylvania, where Biden won by 82,000 votes, the Trump campaign is asking a judge to declare him the winner there, saying its Republican-controlled legislature should choose the state’s slate of 20 Electoral College voters.

In Wisconsin, the Trump campaign has paid for a partial recount, even though election officials there say that will likely only add to Biden’s 20,000-vote advantage in a state that carries 10 electoral votes.

‘A DEEPER PROBLEM’

Trump’s campaign has filed lawsuits in a number of other states, including Michigan, with scant success so far.

Those legal motions, sprinkled with factual errors, have been dismissed by Biden’s campaign as “theatrics” that are not based on sound law.

Several prominent law firms have pulled out of the operation, leaving Trump’s personal lawyer Rudy Giuliani to spearhead the efforts.

Trump said on Twitter on Thursday that lawyers would discuss a “viable path to victory” at a news conference at noon ET (1700 GMT).

State and federal election officials, as well as outside experts, say Trump’s argument that the election was stolen from him by widespread voter fraud has no basis in fact.

However, it does appear to be affecting public confidence in American democracy. A Reuters/Ipsos opinion poll released on Wednesday found about half of Republicans believe Trump “rightfully won” the election.

Arizona’s top election official, Democrat Katie Hobbs, said she and her family had been getting violent threats and urged Trump to stop casting doubt on the result, in which he lost by just over 10,000 votes.

“(The threats) are a symptom of a deeper problem in our state and country – the consistent and systematic undermining of trust in each other and our democratic process,” Hobbs said in a statement.

Trump, who has largely stayed in the White House and kept out of public view since the election, has no public events scheduled for Thursday.

His administration has so far refused to recognize Biden as the winner, which has held up funding and security clearances to ease the transition from one president to another ahead of the Jan. 20 inauguration.

Biden said on Wednesday that the delay was preventing his team from planning a new assault on surging coronavirus infections, which is straining the U.S. healthcare system.

(Writing by Andy Sullivan and Daniel Trotta; Editing by Ross Colvin, Lincoln Feast and David Clarke)

U.S. judge blocks expulsions of unaccompanied children under Trump’s pandemic-related border rules

By Ted Hesson and Mica Rosenberg

WASHINGTON (Reuters) – A U.S. district court judge on Wednesday blocked expulsions of unaccompanied children caught crossing into the United States, a setback for the outgoing Trump administration, which said the policy was aimed at limiting the spread of the coronavirus.

U.S. District Judge Emmet Sullivan in the District of Columbia ruled that the minors were likely to suffer irreparable harm because they could be subject to sexual abuse and other violence, as well as face the possibility of torture and death if summarily returned to their home countries.

President Donald Trump has made immigration curbs a central part of his four-year term in office and enacted a series of sweeping immigration restrictions during the pandemic.

President-elect Joe Biden, has vowed to reverse many of the Republican president’s hardline immigration policies.

Biden has not yet commented on how he would handle the emergency border rules that allow for rapid deportations. A Biden campaign official told Reuters that he would defer to health experts on such restrictions.

A U.S. Border Patrol official said in a September court filing that 8,800 unaccompanied minors were expelled under the border rules between their enactment on March 20 and Sept. 9.

Overall, the United States has expelled roughly 197,000 migrants caught crossing the U.S.-Mexico border from March through the end of September, though those figures include migrants who may have crossed multiple times.

Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), which represented plaintiffs in the lawsuit, said the policy was a “pretext” for Trump to close the border to children and asylum seekers from Central America.

The U.S. Department of Justice, U.S. Department of Homeland Security and White House did not immediately respond to requests for comment.

(Reporting by Ted Hesson in Washington and Mica Rosenberg in New York; Editing by Chizu Nomiyama and Nick Macfie)