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The Guardian - US
The Guardian - US
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Lauren Aratani

US conducting ‘legal review’ of possible Russian war crimes in Ukraine – as it happened

Jen Psaki at the White House on 9 March.
Jen Psaki at the White House on 9 March. Photograph: Sarah Silbiger/UPI/REX/Shutterstock

Today so far

Here’s a quick summary of everything that’s happened so far today:

  • The US gave a nod of support toward investigations into Russia’s invasion of Ukraine as war crimes, with Kamala Harris, who is currently in Poland, saying that there should “absolutely” be an investigation. The White House has skirted around calling any of Russia’s actions, including the bombing of a maternal hospital, as war crimes but said it is currently reviewing events before it confirms any designation.
  • A report from the US census bureau revealed that 18.8m Black, Latino and indigenous Americans were left out of the 2020 census.
  • A labor department report showed that inflation rose 7.9% in the US over the last year. Senate minority leader Mitch McConnell criticized Democrats, saying they are trying to blame inflation on Russia.
  • The TSA announced an extension of the federal mask mandate on planes, buses, trains and in transportation hubs like airports. The mandate will now be effective until April 18.

Stay tuned for more live updates.

Michael Flynn made a virtual appearance in front of the House January 6 committee today, but he invoked his Fifth Amendment rights and declined to answer any questions.

Flynn served briefly as national security advisor to Donald Trump in 2017. Flynn urged Trump to declare martial law and utilize the military to conduct the 2020 election. The committee subpoenaed Flynn over a reported meeting he had with Trump on December 18, 2020, when he allegedly discussed with the then-president the idea of seizing voting machines that were used in the election.

A report from the US Census Bureau released today reveals that the 2020 US census undercounted 18.8m Black, indigenous and Latino Americans. Here’s more from Maya Yang:

The 2020 US census undercounted America’s Latino population at more than three times the rate of the 2010 census, according to a report released on Thursday by the US Census Bureau.

The census also undercounted the nation’s Black and Native American residents, while overcounting non-Hispanic white people and Asian Americans.

The census helps guide the annual federal distribution of $1.5tn for public services including education, healthcare and transportation. Undercounting communities results in reduced political representation on local, state and federal level.

According to the report, Latinos had a net undercount of nearly 5%. The Black population had a net undercount of 3.3%, a slight increase from a 2.1% shortfall a decade ago. American Indian and Alaska Natives living on reservations had a net undercount of 5.6%, up from 4.9% in the last census.

The non-Latino white population had a net overcount in the 2020 census of 1.6% while Asians had a net overcount of 2.6%.

In comparison, the non-Latino white population had a net overcount of 0.8% in 2010 while Asians had a net undercount of 0.08% that year.

Overall, the 2020 census overlooked 0.24% of the total US population. In 2010, the census missed 0.01% of the national population.

Updated

Senator Ted Cruz joined in on a anti-Covid-restrictions protest that saw a convoy of large rigs, RVs and pickup encircling the Beltway – the highway that encircles Washington DC, on Thursday. Cruz sat in the truck that led the protests encirclement of the highway.

The protestors, who call themselves the “People’s Convoy” say they won’t leave until federal Covid mandates are lifted. The group has gotten sympathy from Republican lawmakers like Cruz, though no direct legislation in support of the group has been introduced.

“Your voice is being heard,” Cruz told a crowd of protestors on THursday. “What the men and women want here is for the government to leave you the hell alone. … That is the most American sentiment you can imagine.”

Updated

Following a meeting with Colombia president Ivan Duque Marquez, Joe Biden said he designates Colombia as “a major, non-NATO ally” and praised the diplomatic relationship the two countries have had for the past 200 years.

Updated

Joe Biden had a phone call earlier today with Turkish president Tayyip Erdogan, where Erdogan reportedly urged Biden to lift the “unjust” sanctions on Turkey’s defense industry, according to a statement from Erdogan’s office.

Erdogan informed Biden that Turkey is planning to request purchases of 40 new F-16 fighter jets as well as kits to modernize its existing fleet. Congress put sanctions on five Turkish officials after the Turkish government purchased Russian missile defense systems.

A brief White House statement on Erdogan’s call with Biden did not mention any specific discussion of the sanctions but said that they “discussed opportunities to strengthen bilateral ties. The White House said that the leaders “discussed their shared concern about Russia’s unprovoked and unjustified invasion of Ukraine” and Biden “expressed appreciation for Turkey’s efforts to support diplomatic resolution to the conflict”.

Democrats are pinning the blame for rising gas prices on Valdimir Putin and the Russian invasion of Ukraine, while accusing Republicans of exploiting the issue for political gain.

On a press call with Democratic Senator Gary Peters today, the chairman of the Democratic National Committee, Jaime Harrison, said Republicans should focus more of their energy on trying to help average Americans struggling with the higher prices at the gas pump.

Republicans have argued that the high prices are the result of Joe Biden’s energy and climate policies, but Harrison noted the oil and gas industry is currently sitting on more than 9,000unused drilling permits in the US.

“Putin and this unjust war that he has sparked in Ukraine is the culprit behind why we’re seeing these gas prices skyrocket, particularly over the past few days,” Harrison said.

Biden has tried to send a similar message to the country, saying on Tuesday, “I’m going to do everything I can to minimize Putin’s price hike here at home.”
Average gas prices in the US have now hit a record high of $4.318, according to AAA. Experts warn prices will keep increasing as the war continues, especially now that Biden has announced a ban on Russian oil imports.

Harrison said Thursday, “I hope that Republicans, instead of trying to use this as a political ploy, will actually roll up their sleeves and try to help alleviate some of the pressure off of American families as well.”

The trial of four men charged with plotting to kidnap Michigan governor Gretchen Whitmer in 2020 has kicked off this week. Jurors today heard disturbing audio recordings provided by a government informant of the men discussing their plan to kidnap Whitmer. Here’s more from the Associated Press:

Prosecutors in the trial of four men charged with plotting to kidnap Michigan Gov. Gretchen Whitmer on Thursday played covertly recorded audio for jurors in which one of the men specifically discusses a plan to abduct the Democrat.

In the recording, made by a government informant during a meeting in mid-July 2020 in Wisconsin, Barry Croft Jr. describes the possibility of using explosives to “rain down” fire on law enforcement “with a team standing by” to abduct Whitmer.

He adds without providing details that it should be “a quick precise grab” of the governor.

In another recording made by the same informant, jurors heard the sound of an explosives test Croft was conducting. He’s later heard speaking almost giddily about the damage he could cause, saying it would be “devastating.”

Prosecutors say the men — Croft, Adam Fox, Daniel Harris and Brandon Caserta — planned to snatch Whitmer from her Michigan vacation home because they were angry about pandemic restrictions she imposed. They also planned to blow up a nearby bridge to slow the police response.

The audio played in the federal courtroom in Grand Rapids, Michigan, marked the first time the jury heard a defendant talking specifically about abducting Whitmer. In other recordings played, Croft and Fox mentioned Whitmer and spoke excitedly about taking action that would terrorize people.

“I’m gonna hit soon,” Croft is heard saying during what prosecutors say was a crucial June 6, 2020, meeting of antigovernment activists in Ohio. “ I’m going to terrorize people. The right people. The people who have been terrorizing my people.”

Updated

Today so far

Here’s a quick summary of the main events so far today:

  • The US gave a nod of support toward investigations into Russia’s invasion of Ukraine as war crimes, with Kamala Harris, who is currently in Poland, saying that there should “absolutely” be an investigation. Still, the White House has skirted around calling any of Russia’s actions, including the bombing of a maternal hospital, as war crimes but said it is currently reviewing events before it confirms any designation.
  • A labor department report showed that inflation rose 7.9% in the US over the last year. Senate minority leader Mitch McConnell criticized Democrats, saying they are trying to blame inflation on Russia.
  • The TSA announced an extension of the federal mask mandate on planes, buses, trains and in transportation hubs like airports. The mandate will now be effective until April 18.

Stay tuned for more live updates.

The White House expects that gas and energy prices will continue to go up, saying that inflation is higher because of Russia’s invasion of Ukraine.

In her press briefing this afternoon, White House press secretary Jen Psaki said the president has “conveyed very clearly to the American public” that they will see higher prices at the pump.

“We also believe it will be temporary and not long-lasting. What our focus is on now is doing everything we can to mitigate and reduce those prices and ensure there isn’t a longer term impact.”

A report from the labor department earlier today showed that inflation jumped 7.9% over the past year – the highest increase since 1982.

Psaki emphasized that the inflation seen over the next few months is higher than what it would have been if Russia had not invaded Ukraine. Answering a question from a reporter on what the White House can tell Americans who are wondering how long inflation will lsat, Psaki pointed to the effectiveness of US sanctions against Russia.

“Because of our efforts, the ruble is worth a penny. It’s the lowest-ranked currency. The Russian stock market has not even opened,” Psaki said. “You’ve seen outcry from a number of President Putin’s buddies… who we have all been squeezing.”

White House says it is undergoing 'legal review process' to determine if Russia is committing war crimes

After Kamala Harris said today that there should “absolutely be an investigation” into Russia committing war crimes by invading Ukraine, the White House has clarified that there is a “legal review process” the US government goes through before labeling an event a war crime.

A reporter asked the White House press secretary, Jen Psaki, during her press briefing about why the US has not labeled the bombing of a maternity hospital in Mariupol a war crime.

“There’s a legal review process that the United States undergoes to make considerations of labeling something as a war crime,” Psaki said. “That is the ongoing process that we’re pursuing at this point in time. Obviously, if Russia is intentionally targeting civilians, that would be a war crime, but we need to go through the legal assessment and review to make a formal conclusion.”

Updated

White House press secretary Jen Psaki is holding a press briefing and has fielded questions from three different reporters on how the US would respond if Russia resorts to using nuclear or chemical weapons.

“We have been very clear and our action shave been evidence that there will be significant consequences for every escalatory step that is taken by President Putin and the Russian government,” Psaki said. “We are directly providing a billion dollars in security systems. … The US military engaging in Ukraine and fighting a war against Russia – we don’t have any intention to do that.”

The reporters cited a thread Psaki tweeted yesterday denouncing misinformation from Russia and Chinese officials that the US is developing biological and chemical weapon labs in Ukraine. In the thread, Psaki said, “it’s Russia that continues to support the Assad regime in Syria, which has repeatedly used chemical weapons. It’s Russia that has long maintained a biological weapons program in violation of international law.”

Asked whether the US will have a military response if Russia pursues a chemical attack, Psaki said: “I’m not going into hypotheticals. What we’re saying now is they have the capacity and capabilities. I’m also not going into intelligence. The president’s intention of sending US military to fight in Ukraine against Russia has not changed.”

Updated

Federal mask mandate extended for 30 days

TSA is extending its mask mandate for travelers for another 30 days, the agency just announced. The mandate applies to planes, trains, buses and transportation hubs like airports.

The mandate was set to expire 18 March but will now expire 18 April. The vast majority of states have ended their mask mandates, making the TSA mask mandate one of the remaining ongoing mandates.

According to a statement, TSA will be working to create a revised police framework to decide when and where masks should be required.

“This revised framework will be based on the Covid-19 community levels, risk of new variants, national data and the latest science,” the statement reads.

Updated

Maya Yang reports:

North Carolina Republican congressman Madison Cawthorn has been charged with driving with a revoked license for the second time.

The Class 3 misdemeanor charge carries a maximum sentence of 20 days in jail. The controversial congressman and Trump ally is also facing two speeding citations in different counties.

According to North Carolina Highway Patrol spokesperson Marcus Bethea, on 3 March at 10.26pm, a trooper pulled over “a 2019 Toyota for a left of center violation on US 74B in Cleveland County”.

The trooper identified the driver as David Madison Cawthorn, 26 years old of Hendersonville, North Carolina.

“During the course of investigation it was determined that the driver’s license was in a state of revocation and he was subsequently charged with driving while license revoked,” Bethea said.

Cawthorn gained national notoriety when he questioned the outcome of the 2020 presidential election during the “Save America Rally” before the January 6 Capitol riot later that day that resulted in five deaths.

At the rally, Cawthorn made baseless claims that the election had been stolen from Donald Trump and has been accused of firing up the crowd, many of whom went on to storm the Capitol.

Cawthorn’s court date for the misdemeanor has been set to 6 May. The hearings for his two speeding citations have been set for 18 April and 3 May.

Updated

With the start of daylight savings just three days away, a congressional panel debated yesterday whether the federal government should move to end the time-shifting policy due to health-related concerns of daylight savings.

At the hearing on Wednesday, experts testified that the policy negatively impacts sleep, which can ultimately lead to cardiac problems along with other health risks.

Beth Ann Marlow, a neurologist at Vanderbilt University Medical Center, testified that there is “clear evidence” that daylight savings not only affects adults with [more] heart attacks and strokes but also affects our kids, particularly with teen sleep deprivation.”

Steve Calandrillo, a law professor at the University of Washington, said that there will be more car accidents on the Monday after the time switch on Sunday because daylight savings is “going to mess up people’s sleep cycles”.

The hearing signals a bipartisan interest in Washington over potentially doing away with the policy. A handful of states have indicated they are considering whether to end the biannual switch. A bipartisan group of senators have co-sponsered a bill to make daylight savings permanent across the country.

Maya Yang reports:

Donald Trump is fundraising for a new “Trump Force One” jet after a plane he was traveling on was reportedly forced to make an emergency landing on Saturday due to engine failure.

The Trump Save America fundraising PAC sent out an email shortly after news of the emergency landing broke on Wednesday.

The email, titled “Updated: Trump Force One,” said that the former president had a “very important update on his plane” and included an animation of a plane taking off, asking that donors to contribute to see the plane get built.

“Do you want to see President Trump’s new plane?” the email asked, linking to a website that asked for monthly donations up to $2,500.

“I need to trust that you won’t share it with anyone: my team is building a BRAND NEW Trump Force One,” the message signed by Trump said.

“The construction of this plane has been under wraps – not even the fake news media knows about it – and I can’t wait to unveil it for everyone to see,” it added.

Updated

Democrats only expect a handful of Republicans to be fair game in potentially casting supportive votes for Ketanji Brown Jackson’s nomination to the supreme court. With a slight majority in the Senate, the Democrats will not need Republican votes to get Jackson onto the court, though having bipartisan credentials would boost her nomination, at least in terms of optics.

Alaska Republican Lisa Murkowski recently indicated she has not decided whether she will support Jackson or not. Murkowski was one of just three Republicans who nominated Jackson to her current role as an appeals judge on the DC circuit.

“The difference is, you have nine people who sit on the highest court in the land, who are there for life, and it requires a level of review and scrutiny that is in line with the position,” Murkowski told CNN. “So yeah, this is a different game.”

Murkowski in August will be defending her seat against a Trump-backed GOP candidate during Alaska’s primary in August. Murkowksi said that the upcoming race will not affect her decision on Jackson.

“This is not about me,” she said. “This is about her. This is about the supreme court.”

Updated

McConnell slams Democrats over inflation

The labor department reported today that inflation has jumped 7.9% over the last year, the highest spike since 1982. The inflation rate reported today did not reflect the increase in oil and gas prices that followed Russia’s invasion of Ukraine on 24 February. Since the start of the invasion, the average price of a gallon of gas increased 62 cents to $4.32.

Increased consumer spending, rising wages and supply shortages have all contributed to inflation. Along with gas prices, housing costs have also risen sharply.

The Federal Reserve is set to raise interest rates at the end of the month, though the central bank has said that it is paying attention to instability caused by Russia’s invasion of Ukraine.

Inflation is teeing up to be a major talking point in the upcoming midterm elections, with Republicans slamming Democrats for inflation. Speaking in front of the Senate this morning, minority leader Mitch McConnell said that the Democrats are trying to blame inflation on Russia – a preview of what will likely be a common talking point among Republicans.

Updated

A new report from the Brennan Center for Justice highlights the increased hardship election workers are facing after Donald Trump’s misleading claims of election fraud in the 2020 election.

One out of six election officials in a survey said that they experienced threats because of their jobs, with 77% saying that these threats have increased in recent years. One in three workers know at least one election worker who quit because of fear for their safety, increased threats or intimidation. Nearly two of three workers said that they are concerned about threats, harassment and intimidation in the long-run.

Larry Norden, senior director of elections and government at the Brennan Center, told NPR that the report shows that election administrators are concerned and are “not getting the support they need”.

“There’s a crisis in election administration,” Norden said.

Updated

Hugo Lowell, who has been covering the House investigation into the January 6 Capitol attack for the Guardian, reports:

Interrupting the certification of Joe Biden’s election win on January 6 last year as part of the scheme to return Donald Trump to office was known to be unlawful by at least one of the former president’s lawyers, according to an email exchange about the potential conspiracy.

The former Trump lawyer John Eastman – who helped coordinate the scheme from the Trump “war room” at the Willard hotel in Washington – conceded in an email to counsel for then vice-president Mike Pence, Greg Jacob, that the plan was a violation of the Electoral Count Act.

But Eastman then urged Pence to move ahead with the scheme anyway, pressuring the former vice-president’s counsel to consider supporting the effort on the basis that it was only a “minor violation” of the statute that governed the certification procedure.

The admission that the scheme was unlawful undercuts arguments by Eastman and the Willard war room team that they believed there was no wrongdoing in seeking to have Pence delay the certification past January 6 – one of the strategies they sought to return Trump to power.

It additionally raises the prospect that the other members of the Willard war room – including Trump’s former attorney Rudy Giuliani and Trump’s former strategist Steve Bannon – were also aware that the scheme to delay or stop the certification was unlawful from the start.

Updated

The death of a police officer who was assaulted during the January 6 Capitol insurrection and died by suicide days later has been ruled a line-of-duty death by the DC Police and Firefighters’ Retirement Relief Board.

Erin Smith, the widow of Jeffrey Smith, petitioned for her husband’s death to be considered line-of-duty, which would allow her to receive full benefits offered to the family of those who die in the line of duty, including health insurance.

Video footage from the attack shows Smith being hit with a flying metal pole. His wife also reports him telling her that he was also punched in the face. A former DC chief medical examiner said there was a “direct cause and effect relationship” between the trauma Smith experienced from his assault and his death as he had no prior history of depression or mental health issues.

According to NBC News, the retirement and relief board said in a letter that “his injury was the sole and direct cause of his death.”

Updated

Florida’s Republican-controlled House last night passed a bill that overhauls voting laws in the state and includes a police force that will be dedicated to investigating election crimes.

Governor Ron DeSantis has called for the creation of the creation of a police unit, saying last year that voter fraud – claims of which he did not specify – is rampant and needs to be more severely punished. The bill passed last night also increases penalties for violating state election laws.

Voting rights advocates say that the bill is a way for DeSantis – a formidable Trump ally – to play to a base that believes there was fraud in the 2020 election.

“It is very clearly an attempt to satiate a certain sector of the base that has been bombarded with misinformation about the 2020 Election and the Big Lie,” Brad Ashwell, Florida state director of the advocacy group All Voting is Local, told the Miami Herald.

Bernice King tweeted that “Florida is going full steam ahead with bills that deter democracy”.

US joins calls for war crimes investigation into Russia’s actions in Ukraine

Good morning, and welcome to the US politics live blog.

The US is joining in on calls for an international war crimes investigation into Russia’s actions in Ukraine, with Kamala Harris saying earlier today that “we should all be watching”.

“Absolutely there should be an investigation,” Harris said while standing next to Polish president Andrzej Duda during a joint news conference in Warsaw. “I have no question the eyes of the world are on this war and what Russia has done in terms of this aggression and these atrocities.”

The international criminal court (ICC) said last week that it is launching a war crimes investigation into Russia’s invasion of Ukraine following a referral for investigation from 39 countries.

While Harris emphasized that the US and Poland are united in efforts to help Ukraine, she did not directly address the US dismissing Poland’s plan to provide fighter jets to be sent to Ukraine.

Harris also announced that the US will provide $53m in humanitarian assistance to Ukrainian civilians affected by the invasion.

Here’s what else is happening:

  • Congress is racing to get a spending bill on Joe Biden’s desk as funding for the government is set to expire Friday night. The House late last night passed a huge $1.5tn spending bill that includes $13.6bn in military and humanitarian support to Ukraine and European allies. The bill earmarks $6.5bn in funds to send troops and weapons to eastern Europe to aid allied forces and another $6.8bn in aid to refugees and support to allies.
  • The spending bill passed without the $15.6bn the White House asked Congress for to help fund its Covid response plan. The White House said the money is needed to secure Covid-19 treatment and aid next-generation vaccine development and without the funding, treatment and testing will be in short supply.
  • Biden is set to meet with Colombia president Ivan Duque today. The two leaders are set to discuss migration. Biden is also speaking to Turkish president Recep Tayyip Erdoğan this morning.

Stay tuned for more live updates.

Updated

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