House censures Rep. Adam Schiff over Trump-Russia investigations

The House voted Wednesday to censure California Rep. Adam Schiff for comments he made several years ago about investigations into Donald Trump’s ties to Russia, rebuking the Democrat and frequent critic of the former president along party lines. Schiff, who will stand in front of the House while the resolution is read, becomes the 25th House lawmaker to be censured. He was defiant ahead of the vote, saying he will wear the formal disapproval as a “badge of honor” and charged his GOP colleagues of doing the former president’s bidding. “I will not yield,” Schiff, who is running for the Senate in his home state, said during debate over the measure. “Not one inch.” More than 20 Republicans voted with Democrats last week to block the censure resolution, but they changed their votes this week after the measure’s sponsor, Republican Rep. Anna Paulina Luna of Florida, removed a provision that could have fined Schiff $16 million if the House Ethics Committee determined he lied. Several of the Republicans who opposed the resolution last week said they opposed fining a member of Congress in that manner. The final vote was 213-209. The revised resolution says Schiff held positions of power during Trump’s presidency and “abused this trust by saying there was evidence of collusion between Trump’s campaign and Russia.” Schiff was one of the most outspoken critics of the former president as both the Justice Department and the Republican-led House launched investigations into Trump’s ties to Russia in 2017. Both investigations concluded that Russia intervened in the 2016 presidential election but neither found evidence of a criminal conspiracy. “Representative Schiff purposely deceived his Committee, Congress, and the American people,” the resolution said. Schiff, the former Democratic chairman of the House Intelligence Committee and the lead prosecutor in Trump’s first impeachment trial, has long been a top Republican political target. Soon after taking back the majority this year, Republicans blocked him from sitting on the intelligence panel. The House has only censured two other lawmakers in the last 20 years. Republican Rep. Paul Gosar of Arizona was censured in 2021 for tweeting an animated video that depicted him striking Rep. Alexandria Ocasio-Cortez, D-N.Y., with a sword. Former Democratic Rep. Charlie Rangel of New York was censured in 2010 for serious financial and campaign misconduct. The censure itself carries no practical effect, except to provide a historic footnote that marks a lawmaker’s career. But the GOP resolution would also launch an ethics investigation into Schiff’s conduct. While Schiff did not initiate the 2017 congressional investigation into Trump’s Russia ties — then-House Intelligence Committee Chairman Devin Nunes, a Republican who later became one of Trump’s most ardent defenders, started it — Republicans arguing in favor of his censure Wednesday blamed him for what they said was the fallout of that probe, and of the separate investigation started that same year by Trump’s own Justice Department. Luna said that Schiff’s comments that there was evidence against Trump “ripped apart American families across the country” and that he was “permanently destroying family relationships.” Several blamed him for the more than $30 million spent by then-special counsel Robert Mueller, who led the Justice Department probe. Schiff said the censure resolution “would accuse me of omnipotence, the leader of some a vast Deep State conspiracy, and of course, it is nonsense.” Democrats aggressively defended their colleague. Maryland Rep. Jamie Raskin, who led Trump’s second impeachment, called the effort an “embarrassing revenge tour on behalf of Donald Trump.” Mueller, who led the two-year Justice Department investigation, determined that Russia intervened on the campaign’s behalf and that Trump’s campaign welcomed the help. But Mueller’s team did not find that the campaign conspired to sway the election, and the Justice Department did not recommend any criminal charges. The House intelligence committee probe launched by Nunes similarly found that Russia intervened in the election but that there was no evidence of a criminal conspiracy. Schiff was the top Democrat on the panel at the time. Schiff said last week that the censure resolution was “red meat” that Speaker Kevin McCarthy was throwing to his conference amid squabbles over government spending. Republicans are trying to show their fealty to Trump, Schiff said. He said he warned the country during impeachment proceedings three years ago that Trump “would go on to do worse. And, of course, he did worse in the form of a violent attack on the Capitol.” After Democrats won the House majority in 2018, the House impeached Trump for abuse of power after he threatened to withhold military aid to Ukraine and urged the country’s president to investigate then-candidate Joe Biden. Schiff was the lead House prosecutor making the case for conviction to the Senate, arguing repeatedly that “right matters.” The Republican-led chamber ultimately acquitted him. Trump was impeached a second time a year later, after he had left office, for his role in the January 6, 2021, insurrection at the Capitol. The Senate again acquitted Trump. In the censure resolution against Schiff, Luna also cited a report released in May from special counsel John Durham that found that the FBI rushed into its investigation of Trump’s campaign and relied too much on raw and unconfirmed intelligence. Durham said investigators repeatedly relied on “confirmation bias,” ignoring or rationalizing away evidence that undercut their premise of a Trump-Russia conspiracy as they pushed the probe forward. But he did not allege that political bias or partisanship were guiding factors for the FBI’s actions. Trump had claimed that Durham’s report would reveal the “crime of the century” and expose a “deep state conspiracy” by high-ranking government officials to derail his candidacy and later his presidency. But the investigation yielded only one conviction — a guilty plea from a little-known FBI employee — and the only two other cases that were brought both ended in acquittals at trial. On Wednesday, just before the vote, Schiff’s campaign sent out a fundraising email that said Luna had introduced “yet ANOTHER resolution to censure me.” “The vote and debate will happen imminently,” the email read,
Joe Biden’s attorney general search is focused on Doug Jones, Merrick Garland

Alabama Sen. Doug Jones and federal appeals court judge Merrick Garland are emerging as the leading contenders to be nominated as President-elect Joe Biden’s attorney general, three people familiar with the matter told The Associated Press. A decision hasn’t been finalized and the dynamics could shift in the coming days as Biden builds out his Cabinet with an eye to ensuring diverse leadership in the top ranks of his administration. But Jones, who lost reelection last month, and Garland, whose Supreme Court nomination was snubbed by Republicans, appear increasingly well-positioned ahead of other rivals. Democrats are particularly concerned about the prospect of Biden nominating former Deputy Attorney General Sally Yates, fearing she could face a difficult confirmation in the Senate because of her role in issues related to the Russia investigation. Biden’s thinking was described by people with knowledge of the presidential transition’s internal thinking who were not authorized to speak publicly. Andrew Bates, a representative for the transition, did not comment for this story. The president-elect is facing pressure to ensure that Black and Latino leaders are prominently positioned in his administration. He selected retired Army Gen. Lloyd Austin this week to become the first Black secretary of defense. Jones, who is white, has had a long-standing personal relationship with Biden dating back to Biden’s first presidential campaign in 1988. The former U.S. attorney prosecuted members of the Ku Klux Klan who were responsible for a 1963 church bombing in Birmingham, Alabama, and later served as the U.S. attorney there from 1997 until 2001. Biden met with civil rights activists on Tuesday to discuss diversity in his Cabinet. The Rev. Al Sharpton, who attended the meeting, encouraged Biden to select a Black attorney general but gave him room to select someone of another race as long as they had a background in civil rights. “I said the least we could have is someone that has a proven civil rights background that’s someone that’s going to handle this heightened racist bigoted atmosphere,” Sharpton told reporters. It’s unclear whether Garland would fit that standard as easily. He is an experienced judge with a reputation for moderation who held senior positions at the Justice Department decades ago, including as a supervisor of the prosecution of the 1995 Oklahoma City bombing. Garland was put forward by President Barack Obama for a seat on the Supreme Court in 2016 following the death of Justice Antonin Scalia, but Republicans refused to hold hearings in the final year of Obama’s term. The vacancy was later filled by Justice Neil Gorsuch during the Trump administration. The incoming attorney general would inherit a Justice Department that has endured a tumultuous four years and would likely need to focus on not only civil rights issues and an overhaul of national policing policies after months of mass protests over the deaths of Black Americans at the hand of law enforcement, but also on concerns from Democrats about politicization of the department in the Trump administration. Biden has said he will not be involved in Justice Department investigative decisions even as some Democrats have openly wished for probes into President Donald Trump and his associates after he leaves office. Supporters of Yates view her nearly 30-year Justice Department career in both Democratic and Republican administrations, and experience ranging from civil rights cases to national security matters, as making her uniquely qualified to lead the department as it looks to move on from the Trump era. Still, Republican senators would be likely to focus a Yates confirmation hearing on her final year at the department, when the FBI closed out the Hillary Clinton email investigation and opened an investigation into whether the Trump campaign was coordinating with Russia, which later morphed into special counsel Robert Mueller’s investigation. Yates has repeatedly discussed both, including before the Senate committee that has oversight of the confirmation process. She has made clear that she disagreed with the way the FBI conducted some of the most heavily scrutinized actions of both investigations, including the decision to hold a press conference about the Clinton probe and then to alert Congress days before the election that it had been reopened. Even so, Republicans would nonetheless press Yates on problems with the Russia probe that were revealed by a Justice Department inspector general investigation, including errors and omissions in applications to surveil a former Trump campaign aide, and about how she would handle a special counsel inquiry focused on the FBI’s actions in that case. Yates has said that she would not have signed off on the surveillance had she known of the problems in the applications. But the appointment of John Durham as a special counsel to review the Russia probe suggests the inquiry is likely to endure into the Biden administration, creating a backward-looking focus for a new attorney general just as Yates would try to turn the page from the issue. Jones would not comment Tuesday on the possibility of a nomination as attorney general. “They have a process and we’ll let that process play,” he told reporters on Capitol Hill. The Biden team has also been considering a number of other potential candidates for the post, including former Justice Department official Lisa Monaco. Republished with the permission of the Associated Press.
William Barr appoints special counsel in Russia probe investigation

Attorney General William Barr has given extra protection to the prosecutor he appointed to investigate the origins of the Trump-Russia probe, granting him authority to complete the work without being easily fired. Barr told The Associated Press on Tuesday that he had appointed U.S. Attorney John Durham as a special counsel in October under the same federal regulations that governed special counsel Robert Mueller in the original Russia probe. He said Durham’s investigation has been narrowing to focus more on the conduct of FBI agents who worked on the Russia investigation, known by the code name of Crossfire Hurricane. Under the regulations, a special counsel can be fired only by the attorney general and for specific reasons such as misconduct, dereliction of duty, or conflict of interest. An attorney general must document such reasons in writing. The FBI in July 2016, began investigating whether the Trump campaign was coordinating with Russia to sway the outcome of the presidential election. That probe was inherited nearly a year later by special counsel Mueller, who ultimately did not find enough evidence to charge Donald Trump or any of his associates with conspiring with Russia. The early months of the investigation, when agents obtained secret surveillance warrants targeting a former Trump campaign aide, have long been scrutinized by the president and other critics of the probe who say the FBI made significant errors. An inspector general report last year backed up that criticism but did not find evidence that mistakes in the surveillance applications and other problems with the probe were driven by partisan bias. Barr decided “the best thing to do would be to appoint them under the same regulation that covered Bob Mueller, to provide Durham and his team some assurance that they’d be able to complete their work regardless of the outcome of the election,” he said Tuesday. President-elect Joe Biden’s transition team didn’t immediately comment on the appointment. The current investigation, a criminal probe, had begun very broadly but has since “narrowed considerably” and now “really is focused on the activities of the Crossfire Hurricane investigation within the FBI,” Barr said. He said he expects Durham would detail whether any additional prosecutions will be brought and make public a report of the investigation’s findings. Durham’s investigation has resulted in one prosecution so far: a guilty plea by a former FBI lawyer who admitted altering an email. In an Oct. 19 order, obtained by The Associated Press, Barr says Durham is authorized “to investigate whether any federal official, employee or any person or entity violated the law in connection with the intelligence, counter-intelligence or law enforcement activities” directed at the 2016 presidential campaigns, anyone associated with the campaigns or the Trump administration. House Judiciary Committee Chairman Jerrold Nadler, D-N.Y., said the appointment erodes trust in the Justice Department, and he questioned how it was allowed under the special counsel rules. “And we should not lose sight of the larger picture: in the waning days of the Trump administration, the attorney general has once again used the powers of his office to settle old scores for the president,” Nadler said. The special counsel rules say the appointed person should be outside of government, but Barr pointed to specific provisions in his memo that would allow him to go around that rule. A senior Justice Department official told the AP that although the order details that it is “including but not limited to Crossfire Hurricane and the investigation of Special Counsel Robert S. Mueller III,” the Durham probe has not expanded. The official said that line specifically relates to FBI personnel who worked on the Russia investigation before the May 2017 appointment of Mueller, a critical area of scrutiny for the Justice Department inspector general, which identified a series of errors and omissions in surveillance applications targeting former Trump campaign aide Carter Page. The focus on the FBI, rather than the CIA and the intelligence community, suggests that Durham may have moved past some of the more incendiary claims that Trump supporters had hoped would yield allegations of misconduct or even crimes — namely, the question of how intelligence agencies reached their conclusion that Russia had interfered in the 2016 election. Republicans lauded the appointment. Senate Judiciary Chairman Lindsey Graham said it was “obvious the system failed,” and he concurred with the appointment of a special counsel to continue the investigation. Republished with the permission of the Associated Press.
Bill Barr says he doesn’t envision investigations of Joe Biden, Barack Obama

Trump has stated without evidence that he believes Obama committed unspecified crimes as president.

