Trump not entitled to immunity over January 6 lawsuits, justice department says – live

Key events

Show key events only

Please turn on JavaScript to use this feature

A Republican US congressman from Texas reportedly faces censure from his state party this weekend, because he:

• Voted in support of same-sex marriage.

• Voted for a gun safety measure introduced in response to the Uvalde elementary school shooting, in which 19 children and two adults were killed.

• Voted against the Republican House majority’s rules package.

The San Antonio Report details proceedings against Tony Gonzales, who won the 23rd congressional district in 2020. It said he did not immediately comment.

Tony Gonzales. Photograph: Michael Brochstein/SOPA Images/REX/Shutterstock

For the San Antonio Report (tagline, “Nonprofit Journalism for an Informed Community”), Andrea Drusch describes other points on which Gonzales has angered his own party, including “numerous complaints about [his] approach to border security, such as repeating ‘the Democratic canard that supporters of border security are anti-immigrant’”.

A censure vote is expected on Saturday, Drusch reports, adding: “If the resolution is successful, members of the [State Republican Executive Committee] would be able to choose between several options to punish Gonzales, according to party rules.

“They could simply discourage Gonzales from running for reelection as a Republican, or they could lift the restriction on party officials campaigning against him, as is required for current GOP officeholders.

“Perhaps of greater consequence, they also could prohibit Gonzales from receiving financial help from the party.”

Among expert reactions to the news that the Department of Justice says Donald Trump does not have immunity in civil cases relating to January 6, this from Norm Eisen, a Brookings fellow, CNN analyst and former ethics tsar in the Obama White House, is interesting:

DoJ has just filed a brief rejecting Trump’s claim (in a civil case) that he is absolutely immune from legal accountability [over his] attempted coup … [The brief is] important in its own right – and because signals weakness of his likely defense in the coming criminal case in Georgia.

The case in Georgia concerns Trump’s attempted election subversion there. Indictments are believed to be imminent, not least because the foreperson of the grand jury which considered the case dropped very large hints last week.

Dana Nessel, the Democratic attorney general of Michigan, said earlier she was among targets of a man charged with threatening to kill state officials who are Jewish.

Dana Nessel. Photograph: Brandon Nagy/REX/Shutterstock

“The FBI has confirmed I was a target of the heavily armed defendant in this matter,” Nessel wrote. “It is my sincere hope that the federal authorities take this offense just as seriously as my Hate Crimes and Domestic Terrorism Unit takes plots to murder elected officials.”

The Associated Press reports that Jack Carpenter III, of Tipton, Michigan, tweeted on 17 February that he was returning to his home state to “carry out the punishment of death to anyone” who is Jewish in Michigan government “if they don’t leave, or confess, and now that kind of problem. Because I can legally do that, right?”

According to the criminal complaint against Carpenter, he also declared a new country – “New Israel” – around his home.

He was arrested in Texas four days later. According to prosecutors, when Carpenter was “arrested in his vehicle, [officers] found approximately a half-dozen firearms and ammunition”.

The complaint against Carpenter did not name any alleged targets.

Trump not entitled to January 6 civil immunity, DoJ says

The US justice department has said Donald Trump is not entitled to absolute immunity in civil lawsuits related to the US Capitol attack on 6 January 2021, which he incited in an attempt to stop certification of his election loss to Joe Biden and which is now linked to nine deaths, including law enforcement suicides.

Trump faces civil cases brought by congressional Democrats and US Capitol police officers who fought his supporters on January 6. His lawyers have urged dismissal. A Washington DC appeals court asked the Department of Justice for its opinion.

Trump argued that he could not be sued for statements made before the riot, when he was still president, because presidents enjoy wide-ranging protections when performing their official duties.

Government lawyers disagreed, saying in a new court filing: “Speaking to the public on matters of public concern is a traditional function of the presidency, and the outer perimeter of the President’s Office includes a vast realm of such speech.

“But that traditional function is one of public communication. It does not include incitement of imminent private violence.

“In the United States’ view, such incitement of imminent private violence would not be within the outer perimeter of the Office of the President of the United States.”

Trump is the subject of an ongoing Department of Justice investigation, led by the special counsel Jack Smith. The House January 6 committee, which disbanded when Republicans took control after the midterms, made four criminal referrals of Trump to the DoJ.

Lawyers for Trump have until 16 March to respond to the DoJ brief about civil cases.

Gisele Barreto Fetterman, wife of the Pennsylvania Democratic senator John Fetterman, who remains hospitalised for treatment for depression, has responded to attacks from rightwing figures including the Fox News host Tucker Carlson, who claim she has pushed her husband too far.

Gisele Barreto Fetterman. Photograph: NurPhoto/REX/Shutterstock

Barreto Fetterman tweeted: “In the worst moments of our lives, women are told it’s their fault. In case you need to hear it today: It’s. Not. Your. Fault. I will keep living and fighting with love. We all need more of it.”

She accompanied her message with a link to a Washington Post column by Monica Hesse, under the headline “How Gisele Fetterman became the right wing’s favorite super villain”.

Hesse’s column highlights Carlson’s segment on John Fetterman and Joe Biden on Tuesday, in which he said the senator was too ill and the president too old to fill their respective offices.

Saying “a woman, a spouse, who loved her husband” would keep him away from campaigns, Carlson called Dr Jill Biden “a ghoulish, power-seeking creep”.

His guest, Candace Owens, said: “Absolutely. These women are monsters.”

Hesse cited comments from another Fox News host, Laura Ingraham (“Jill Biden and Gisele Fetterman should be ashamed of themselves”), radio host Jesse Kelly (“Who’s the bigger elder abuser, Jill Biden or Gisele Fetterman?”) and the rightwing Washington Examiner, which ran a column under the headline “Jill Biden and Gisele Fetterman are failing their husbands”, in which the writer said the two men were “arguably victims of terrible women”.

Hesse wrote: “It’s not hard to guess why pundits are going after Jill and Gisele instead of Joe and John. Attacking someone who is ill or elderly simply because they are ill or elderly is beyond the pale in our culture (for now, at least), even for those pundits whose flexible morals usually find a way to drain-snake around any barricades of decency.

“But by placing blame on the wives, these commentators get to spread harmful messages against the president and senator while having plausible deniability against charges of ableism. The commentators are not – heavens, no – throwing mud at these poor men. They are merely scolding the women who should know better. It’s ableism, with a little sexism, as a treat.”

Read the whole column here.

The day so far

The annual Conservative Political Action Conference is happening outside Washington DC, but while Donald Trump will make an appearance just before it wraps up Saturday, many top Republicans are avoiding the event. These include the party’s leaders in Congress, and Florida governor Ron DeSantis, who is seen as the strongest challenger against the former president for the GOP’s presidential nomination next year. Up the road in Baltimore, House Democrats are plotting their strategies for the months to come, while awaiting word of whether Joe Biden plans to run for office again.

Here’s what else has happened today so far:

• DeSantis outlined how he could take policies implemented in Florida national, and cause “a complete upheaval of the deep state,” as he put it.

• CPAC organizer Matt Schlapp does not want to talk about allegations he groped a Republican campaign staffer.

• Mike Pence is among Republicans giving CPAC a miss, and his (mutual) dislike for Trump is probably a big reason why.

In more lighthearted news about Democratic presidents, the Associated Press reports Barack Obama is honoring the retirement of the woman behind one the most popular chants from his first presidential campaign:

Marking the retirement of the woman credited with popularizing the chant “Fired up, ready to go!” that epitomized his campaigns, Barack Obama said her energy played a key role in lifting his spirits and his candidacy for president first time round.

“It was early in my campaign, and I wasn’t doing that good,” Obama recalled in a video provided by the Obama Foundation, harking back to a 2007 campaign stop in Greenwood, South Carolina, on a dreary, rainy day.

But the small crowd, Obama said, was transformed as Edith Childs led them in the rousing back-and-forth chant: “Fired up, ready to go!”

“Leadership and power and inspiration can come from anywhere,” Obama said in the video to mark Childs’ retirement after 24 years on the Greenwood county council.

“It just has to do with spirit, and nobody embodied that better than Edith.”

The question of Joe Biden‘s 2024 plans hangs over the issues conference, as Democrats wait to see when the president will officially announce his reelection campaign.

Biden declined to make those plans official last night as he spoke at the conference, but repeatedly expressed the need to “finish the job that needs to be done”.

House Democratic leaders echoed that sentiment today, saying Biden has given them a record of accomplishments to help them win back the chamber next year.

“We don’t know who’s running in the presidential race, but we do know that President Biden and the legislation that we passed is going to give us a track record to run on to make us very competitive,” said congressman Ami Bera, a Democrat of California.

Multiple conference attendees noted that Republicans currently hold 18 House seats that Biden carried in 2020, and they said his reelection campaign could boost Democratic candidates in those districts.

“I certainly am very pleased to have the opportunity to be on a ballot with President Biden in 2024 -- unequivocally, full stop,” said congresswoman Lauren Underwood, a Democrat of Illinois. “[Biden] talked to us about finishing the job, and we’re focused on doing just that.”

At the House Democrats’ annual issues conference in Baltimore today, leaders of the New Democrat Coalition outlined their strategy to ensure more center-left candidates win election to Congress’s lower chamber next year.

Echoing other House leaders at the conference, congresswoman Annie Kuster, chair of the group that’s Democrats’ second-largest ideological caucus in the chamber, said members of the group would make a point to tout the legislation passed during the last session of Congress.

“Democrats are going to finish the work that we passed in the past two years and Americans are going to reject Republican extremism in 2024,” Kuster said.

While criticizing Republican extremism, Kuster identified potential areas of bipartisan cooperation with “reasonable” members of the party, such as immigration reform and housing costs, over the next two years as Democrats simultaneously work to regain their House majority.

“The challenges that our nation is facing are too great to wait until we take back the majority in 2024,” Kuster said.

“This closely divided House presents an opportunity to work with reasonable Republicans and deliver on the issues that Americans are most challenged by and care most about.”

For a taste of how Ron DeSantis would lead if elected president, look no further than his policies in Florida, where he is in the midst of a long-running dispute with Disney. The Guardian’s Adam Gabbatt reports on the latest twist in the case:

As Ron DeSantis continued to wage his Floridian culture war this week, wresting control of a Walt Disney Company-controlled county district, he also offered an insight into the kind of people he will value should the Republican governor successfully run for president in 2024.

DeSantis took control of Reedy Creek improvement district on Monday, and immediately installed five people to the district’s board, including the founder of a rightwing parent group, a Christian nationalist and a deep-pocketed Republican party donor.

It continues the Florida governor’s retaliation against Disney after the company opposed DeSantis’ anti-LGBTQ+ policies last year.

Disney previously had control over Reedy Creek, home to the Walt Disney World Resort south-east of Orlando, including the power to decide what it builds in the area, but after incurring DeSantis’ wrath it was hastily stripped of those powers by the Republican legislature.

“A complete upheaval of the deep state.”

In an appearance on conservative host Glenn Beck’s show yesterday, Florida’s Republican governor Ron DeSantis gave a preview of the types of policies he would pursue if elected president – a job he is widely expected to run for.

Here’s what he had to say:

While the Republican presidential field may be fracturing, the Guardian’s Joan E Greve reports Joe Biden is consolidating his support among Democrats ahead of his expected announcement that he will run for a second term in the White House:

Joe Biden delivered a rallying cry to fellow Democrats on Wednesday, offering a glimpse of the president’s likely re-election message as he prepares to officially announce his plans for 2024.

Speaking at House Democrats’ annual issues conference in Baltimore, Maryland, Biden celebrated Democrats’ legislative accomplishments over his first two years in office but told his allies that they still have more work to do.

“As much as we’ve done, we have a lot of unfinished business as well to finish the job that needs to be done,” Biden said.

Biden’s remarks came as the 2024 presidential election has already gotten under way, after Donald Trump announced in November that he would attempt to recapture the White House next year. Biden is widely expected to announce his own re-election campaign in the coming months, but he declined to make those plans official on Wednesday, even as he nodded at the need to build on Democrats’ “historic progress” since he took office.

Mike Pence, who won’t be appearing at CPAC, deepened the rift with his former boss Donald Trump by declining multiple opportunities to endorse his latest run for the White House, the Guardian’s Martin Pengelly reports:

Twice given a chance to say he would support Donald Trump if he was the Republican nominee for president in 2024, Mike Pence, Trump’s former vice-president, declined to do so.

“I’m very confident we’ll have better choices come 2024,” Pence told CBS on Wednesday. “And I’m confident our standard-bearer will win the day in November of that year.”

Pence also said “different times call for different leadership”.

Trump, the former South Carolina governor Nikki Haley and Vivek Ramaswamy, a biotech entrepreneur and author, are the only declared candidates for the Republican nomination. The Florida governor, Ron DeSantis, is widely expected to run and is Trump’s only challenger in polling.

Pence joins Haley in scoring single digits in most surveys. He told CBS he would make a decision on whether to run “this spring”.

Thus far, however, journalists’ attempts to get Matt Schlapp to address the groping allegation have not gone well.

The Independent gave it a try, and here is the result:

Overshadowing CPAC this year is the allegation that its organizer, Matt Schlapp, groped a Republican campaign staffer. Schlapp is scheduled to speak throughout the convention, and is sure to be asked about this by any reporter he runs into. Here’s a rundown of what we know about he claim, from the Associated Press:

A staffer for Herschel Walker’s Republican Senate campaign filed a lawsuit against the prominent conservative activist Matt Schlapp on Tuesday, accusing Schlapp of groping him during a car ride in Georgia before last year’s midterm election.

Schlapp denies the allegation. His lawyer said they were considering a countersuit.

The battery and defamation lawsuit was filed in Alexandria circuit court in Virginia, where Schlapp lives, and seeks more than $9m in damages.

It accuses Schlapp of “aggressively fondling” the staffer’s “genital area in a sustained fashion” while the staffer drove Schlapp back to his hotel from a bar in October, on the day of a Walker campaign event.

The allegations were first reported by the Daily Beast.

CPAC set for lawmaker-heavy Thursday

Today’s CPAC agenda is packed with Republican lawmakers, particularly those who adhere to the party’s most conservative positions, according to its agenda.

One of the day’s first speakers is Jim Jordan, a top ally of Donald Trump in the House of Representatives, who chairs its judiciary committee and is pursuing a number of investigations against the Biden administration. Scott Perry, a House Representative who had his phone seized by the FBI as part of its investigation into efforts to overturn the 2020 election, will also appear.

From the Senate, we’ll hear from Marsha Blackburn, John Kennedy, JD Vance and Ted Cruz, a former presidential contender. There’s also an appearance planned by Mike Pompeo, Trump’s former secretary of state, who is thought to be planning a run for the White House next year. The topics of their speeches adhere closely to the latest rightwing talking points, such as “Who’s In Charge of the Border?”, “No Chinese Balloons Above Tennessee”, and “Sacking the Woke Playbook”.

But that’s not enough to bring the party’s most important lawmakers to the event. The Senate’s top Republican Mitch McConnell isn’t going to be there, nor is speaker of the House Kevin McCarthy. Both men have appeared at the conference in the past.

Top Republicans giving embattled CPAC a miss

Good morning, US politics blog readers. The annual Conservative Political Action Conference has kicked off just outside Washington DC, but it’s clear that what was once the marquee political event for those on the right has lost some of its luster. Top Republican elected officials are avoiding the gathering, perhaps because its organizer Matt Schlapp is facing allegations of unwanted groping. The headliner at the Maryland convention is Donald Trump, who will speak on Saturday, while Nikki Haley, a fellow contender for the GOP’s nomination next year, is scheduled for an address tomorrow. But that’s about it; other leading 2024 candidates, such as Florida governor Ron DeSantis aren’t showing up, and most of the rest of the speakers are not the prominent GOP congressmen and governors who once graced its stage, but instead well-worn conservative talkers – think Marjorie Taylor Greene, Steve Bannon and Tulsi Gabbard. From outward appearance, it seems as if CPAC has slipped into something of a funk – we’ll see if there’s more vigor to it this year than it appears.

Here’s what else is happening today:

• Joe Biden heads to the Capitol to address Democratic senators at a behind-closed-doors lunch.

• White House press secretary Karine Jean-Pierre briefs reporters at 2.30pm eastern time.

• Kamala Harris heads to Baltimore, where she’ll participate in a discussion as part of the House Democrats’ retreat.