Closing Summary
It is slightly past 4pm in Washington DC. Here’s a wrap-up of the day’s key events:
In a surprise announcement on Friday, the US attorney general, Merrick Garland, announced that he has appointed US attorney in Delaware, David Weiss, as special counsel in the investigation of Hunter Biden, Joe Biden’s son. Garland said that Weiss had told him earlier this week that his investigation had “reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed.”
Prominent Republicans including Kevin McCarthy, Nikki Haley and Steve Scalise have criticized Weiss’s appointment, with many calling the appointment a “sham” and an attempt by the DoJ to protect the Biden family.
The US judge Tanya Chutkan, presiding in the federal criminal investigation alleging Donald Trump tried to subvert the 2020 presidential election, rejected Trump’s request to designate witness transcripts and videos as non-sensitive (and thereby exclude them from the protective order requested by the prosecution).
Chutkan said at the first hearing after Trump was arraigned on federal charges in the election case: “Trump has the right to free speech but that right is not absolute.”
Federal prosecutors and attorneys for Donald Trump attended a court hearing in Washington DC, over special counsel Jack Smith’s request to limit Trump’s ability to publicly reveal evidence collected during the criminal investigation into the insurrection on 6 January 2021.
The White House said on Friday that it is open to training Ukrainian pilots to fly F-16 fighter jets in the US if training capacity is reached in Europe. Reuters reports White House spokesperson John Kirby saying that Washington is eager to move forward with the training.
That’s it from me, Maya Yang, as we wrap up the blog for today. Thank you for following along.
Updated
White House open to training Ukrainian fighter pilots
The White House said on Friday that it is open to training Ukrainian pilots to fly F-16 fighter jets in the US if training capacity is reached in Europe.
Reuters reports White House spokesperson John Kirby saying that Washington is eager to move forward with the training.
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Nikki Haley, one of the Republican presidential candidates and Donald Trump’s former US ambassador to the UN, told Fox News that she does not trust the justice department’s decision to appoint David Weiss.
“I don’t trust it. I don’t think the American people trust it. I don’t think that the American people trust the Department of Justice or anything that this is going to do. I think this was meant to be a distraction,” Reuters reports Haley saying.
Steven Cheung, a spokesperson for ex-president Donald Trump, issued a statement on David Weiss’s appointment, accusing the justice department of protecting the Biden family.
Reuters reports the statement:
“Crooked Joe Biden, Hunter Biden, and the entire Biden Crime Family have been protected by the Justice Department for decades even though there is overwhelming evidence and credible testimony detailing their wrongdoing of lying to the American people and selling out the country to foreign enemies for the Biden Cartel’s own financial gain.
If this special counsel is truly independent – even though he failed to bring proper charges after a four year investigation and he appears to be trying to move the case to a more Democrat-friendly venue – he will quickly conclude that Joe Biden, his troubled son Hunter, and their enablers, including the media, which colluded with the 51 intelligence officials who knowingly misled the public about Hunter’s laptop, should face the required consequences.”
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Another prominent Republican has warned against David Weiss’s appointment, with the Republican House speaker, Kevin McCarthy, warning that “this action by Biden’s DoJ cannot be used to obstruct congressional investigations.”
“If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a special counsel?
House Republicans will continue to pursue the facts for the American people,” he said.
This action by Biden’s DOJ cannot be used to obstruct congressional investigations or whitewash the Biden family corruption.
— Kevin McCarthy (@SpeakerMcCarthy) August 11, 2023
If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a Special Counsel?
House Republicans will continue to pursue…
Updated
Steve Scalise, the majority leader of the House of Representatives, also weighed in David Weiss’s appointment, calling it a “sham”.
“Don’t be fooled. Garland appointing Weiss as a sham special counsel on Hunter is a way to block info from Congress while claiming they’re investigating.
Weiss approved the sweetheart plea deal. This is an even better deal for Hunter since charges may never come. Outrageous,” he tweeted.
Don’t be fooled. Garland appointing Weiss as a sham special counsel on Hunter is a way to block info from Congress while claiming they’re investigating.
— Steve Scalise (@SteveScalise) August 11, 2023
Weiss approved the sweetheart plea deal. This is an even better deal for Hunter since charges may never come.
Outrageous.
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Republican representative Jim Jordan of Ohio, who also serves as chairman of the House judiciary committee, also lambasted David Weiss’s appointment.
In a tweet on Friday, Jordan said:
“David Weiss said he didn’t have the power he needed and wanted special counsel status.”
First, David Weiss said he didn’t have the power he needed and wanted special counsel status.
— Rep. Jim Jordan (@Jim_Jordan) August 11, 2023
Then, he said he had all the power he needs.
Now, he gets special counsel status because he didn’t really have the power he needs?
Something’s not right.
He went on to say, “Thought we had the plea agreement all worked out. Now Weiss needs to be special counsel? What?”
Thought we had the plea agreement all worked out.
— Rep. Jim Jordan (@Jim_Jordan) August 11, 2023
Now Weiss needs to be special counsel?
What?
Republican-led House oversight committee makes 'coverup' claim
The US house committee on oversight and accountability has issued a statement on attorney general Merrick Garland’s announcement of David Weiss’s appointment as special counsel.
“The DoJ is attempting a Biden family coverup,” the committee said.
The statement continued:
“This is part of the DoJ’s efforts to attempt a Biden family coverup in light of our Committee’s mounting evidence of President Joe Biden’s role in his family’s schemes selling “the brand” for millions of dollars to foreign nationals.
The justice department’s misconduct and politicization in the Biden criminal investigation already allowed the statute of limitations to run with respect to egregious felonies committed by Hunter Biden.
Justice department officials refused to follow evidence that could have led to Joe Biden, tipped off the Biden transition team and Hunter Biden’s lawyers about planned interviews and searches, and attempted to sneakily place Hunter Biden on the path to a sweetheart plea deal.
Let’s be clear what today’s move is really about. The Biden justice department is trying to stonewall congressional oversight as we have presented evidence to the American people about the Biden family’s corruption.”
The committee said that it will continue the Biden family’s money trail and interview witnesses to determine whether foreign actors targeted the Biden family.
🚨 STATEMENT ON SPECIAL COUNSEL 🚨
— Oversight Committee (@GOPoversight) August 11, 2023
The DOJ is attempting a Biden family coverup.
Moments ago, AG Garland announced he is designating U.S. Attorney for Delaware David Weiss as special counsel for the Biden criminal investigation. This is part of the DOJ’s efforts to attempt a…
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Here is some context to explain how Hunter Biden and David Weiss arrived at this moment, from our recent analysis.
Last month, Hunter Biden arrived in a Delaware courtroom expecting to finalize a plea agreement with federal prosecutors over two misdemeanor tax charges.
Hours later, Hunter Biden unexpectedly pleaded not guilty to the charges after the judge overseeing the case expressed skepticism about the specifics of the proposed deal. The court adjourned without a clear next step – until today.
Weiss, who has just been made special counsel, has been investigating Hunter Biden since 2018 over potential violations of tax and gun laws. Weiss, who was appointed by Donald Trump, announced earlier this year that his office had reached a plea agreement with the president’s son. As well as admitting the charges of tax violations, Biden would enter a pre-trial diversion program on a separate felony gun charge.
Prosecutors were expected to recommend two years of probation, with Biden avoiding jail.
The pre-trial diversion program would have ultimately resulted in the gun charge being dropped, assuming Hunter Biden met certain terms laid out by prosecutors. The felony charge is otherwise punishable by up to 10 years in prison.
Republicans had attacked the plea agreement as a “sweetheart deal” that reflected a double standard of justice, but legal experts note the charges brought against the president’s son are rarely prosecuted.
The US district judge Maryellen Noreika at the time gave prosecutors and Hunter Biden’s defense team 30 days to further hash out the details of the agreement, and the court is expected to reconvene in the coming weeks to re-examine the case.
Now we have a special counsel appointed, so it’s a brand new day.
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Interim summary
Hello again, US politics live blog readers, the news day took off straight away and continues fast and furious with high-profile connections between politics and criminal investigations from both sides of the party political world. There are more developments and reactions to come, so do stay with Guardian US. We’re also covering the tragic wild fires in Hawaii and you can follow that news, live, here.
Here’s where things stand in political news:
The US attorney general, Merrick Garland, announced that he has appointed US attorney in Delaware, David Weiss, as special counsel to continue his criminal investigation of Hunter Biden, president Joe Biden’s son.
The US judge Tanya Chutkan, presiding in the federal criminal investigation alleging Donald Trump tried to subvert the 2020 presidential election, rejected Trump’s request to designate witness transcripts and videos as non-sensitive (and thereby exclude them from the protective order requested by the prosecution).
Chutkan said at the first hearing after Trump was arraigned on federal charges in the election case: “Trump has the right to free speech but that right is not absolute.”
Federal prosecutors and attorneys for Donald Trump attended a court hearing in Washington DC, over special counsel Jack Smith’s request to limit Trump’s ability to publicly reveal evidence collected during the criminal investigation into the insurrection on 6 January 2021.
Updated
A court filing on Friday showed that Weiss had said the parties in the Hunter Biden case were at an impasse in their plea negotiations and that a trial was necessary.
As special counsel, Weiss now has additional authority to investigate whether Biden engaged in improper business dealings.
Attorney General Merrick Garland announces David Weiss as special counsel in Hunter Biden probe
In a surprise announcement on Friday, the US attorney general, Merrick Garland, announced that he has appointed US attorney in Delaware, David Weiss, as special counsel in the investigation of Hunter Biden, Joe Biden’s son.
Weiss has been overseeing the investigation into the financial and business dealings of Hunter Biden.
Garland said that Weiss had told him earlier this week that his investigation had “reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed”.
Garland said:
Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel.”
Garland went on to say that he is confident that Weiss will carry out his responsibilities in an “even-handed and urgent manner”.
As special counsel, Weiss will be permitted to “continue his investigation, take any investigative steps he wanted and make the decision whether to prosecute in any district”, Garland added.
Garland’s surprise announcement comes amid the justice department’s investigations into Donald Trump, Joe Biden’s main rival in the 2024 presidential election who has been charged for efforts in overturning the 2020 presidential election results.
Hunter Biden had been expected to finalize a plea agreement with federal prosecutors over two misdemeanor tax charges. However, he unexpectedly took a sudden turn and pleaded not guilty to the charges in court in Wilmington, Delaware, last month.
The Guardian’s full explainer on the plea deal can be found here.
When asked whether president Biden would end up pardoning his his son last month, White House press secretary Karine Jean-Pierre replied: “No.”
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As special counsel, David Weiss will be permitted to “continue his investigation, take any investigative steps he wanted and make the decision whether to prosecute in any district”, Merrick Garland said.
Updated
Merrick Garland also said that Weiss had told him that his investigation had “reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed”.
Updated
“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” said Merrick Garland of David Weiss.
Weiss has been investigating the financial and business dealings of Hunter Biden.
Garland said that he is confident that Weiss will carry out his responsibilities in an “even-handed and urgent manner”.
Updated
Merrick Garland announces special counsel for Hunter Biden investigation
Merrick Garland has started his surprise press conference, announcing the appointment of US attorney in Delaware, David Weiss, as special counsel in the investigation of Hunter Biden, Joe Biden’s son.
Updated
Merrick Garland due to hold surprise press conference
Attorney general Merrick Garland is due hold a press conference at 12.15pm ET.
We will be covering the surprise conference so stay tuned for latest updates.
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US judge Tanya Chutkan appears to warn Trump at the end of the hearing.
The more that a party makes inflammatory statements that could intimidate witnesses, the quicker she will want to go to trial to ensure an untainted jury pool.
Special counsel prosecutor Thomas Windom told the court that the Trump 2020 case involves 11.6m pages of files in discovery material.
Windom said most of the discovery production will be complete by 28 August, when both parties have their next conference.
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US judge Tanya Chutkan said she intends for this case to proceed in the public record as much as possible.
“Any motions to file under seal, especially ex parte motions, must articulate the need for those designations,” she said.
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US judge Tanya Chutkan allows Trump’s request to be allowed to review sensitive materials without presence of counsel, but says he cannot have access to an electronic device or replicating device and counsel must review any notes he takes.
Chutkan said lawyers must regain custody of the material from Trump and safeguard it for any breaks or lunch.
“Certainly he can’t carry them around with him,” she said.
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US judge Tanya Chutkan said she will deny Trump’s request to have the justice department mark every record it designates as sensitive.
“Individually marking documents would be too burdensome and unnecessary,” she said.
Trump request for witness statements to be deemed non-sensitive turned down
US judge Tanya Chutkan rejected Trump’s request to designate witness transcripts and videos as non-sensitive (and thereby exclude them from the protective order).
“Disclosure of any of those materials creates too great a risk that witnesses may be intimidated,” she said.
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US judge Tanya Chutkan also denied Trump’s request that any materials he acquires independently – as in, not through discovery – be exempt from the protective order.
Only records that are publicly available will be exempt, using DOJ’s suggestions.
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US judge Tanya Chutkan said she will adopt the defense’s scope for the protective order – non sensitive material won’t be covered – because she is not persuaded that the justice department showed good cause.
However, she notes that Trump is bound by release conditions preventing witness intimidation anyway.
Chutkan denied the defense’s other edits, saying Trump’s ask to broaden the definition of authorized people to access the discovery material is too broad and could “include just about anyone” including “unindicted co-conspirators”.
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'Trump has right to free speech but that right is not absolute', says judge
The protective order hearing at federal court in Washington DC has begun, with US judge Tanya Chutkan announcing that it is her intention to issue a protective order and resolve objections from both sides.
Trump’s lawyers are expected to urge Chutkan to allow him more freedom to publicly share pieces of evidence that will be used in the trial over subversion of the 2020 presidential election.
Meanwhile, prosecutors, who have requested Chutkan to impose a protective order, are concerned that Trump may weaponize certain details of the confidential evidence against witnesses and in turn intimidate them.
Chutkan said that she will not factor the effect of the scope of the protective order on Trump’s presidential campaign, the Guardian’s Hugo Lowell, who is at the hearing, reports.
“Mr Trump, like every American, has a first amendment right to free speech, but that right is not absolute,” Chutkan said, adding: “I intend to keep politics out of this.”
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“Mr Trump, like every American, has a first amendment right to free speech, but that right is not absolute,” said judge Tanya Chutkan.
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US judge Tanya Chutkan says it is her intention to issue a protective order and resolve objections from both sides at today’s hearing.
Updated
Donald Trump’s lawyers Todd Blanche, John Lauro and Greg Singer are in the courtroom for the hearing before the US district court judge Tanya Chutkan, scheduled to start at 10am.
Prosecutors from the special counsel’s office, Molly Gaston and Thomas Windom, have also arrived in the courtroom.
Gaston brings significant January 6-related experience to the special counsel’s team. She was the assistant US attorney who prosecuted former Trump strategist Steve Bannon for contempt of Congress after he defied the House January 6 committee’s subpoena in 2021, and has prosecuted dozens of January 6 riot defendants with obstruction of an official proceeding — one of the charges that have been brought against Trump.
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West Virginia’s Democratic senator Joe Manchin is expected to skip the White House’s celebration next week of the Inflation Reduction Act’s first anniversary as he considers switching his party affiliation.
Manchin’s decision to skip the event on the IRA (which he helped draft), which NBC first reported on Friday, comes as the conservative Democratic said in a radio interview with MetroNews that he has been “absolutely” thinking about changing his party affiliation to Independent “for quite some time.”
Manchin said that he has been “thinking seriously what’s best for” him, adding, “I want to be able to speak honestly about, basically, the extremes of the Democrat and Republican Party that is harming our nation.”
Last month, Manchin said that he has not yet made a decision on whether he will run for president. Nevertheless, he said during a town hall, “I’ve been in races to win. If I get in a race, I’m gonna win,” adding that both the Republican and Democratic parties will be “in trouble” if a third party enters the picture of the 2024 race.
Should Manchin decide to leave the Democratic party, he will follow in the footsteps of Arizona senator Kyrsten Sinema, who last December announced her affiliation switch to Independent.
Donald Trump’s lawyers John Lauro and Todd Blanche have arrived at the DC courthouse for the protective order hearing.
The Guardian’s Hugo Lowell is at the scene and will be bringing us the latest updates.
New: Trump lawyers John Lauro, Todd Blanche have arrived at the DC courthouse for the Trump protective order hearing today at 10a ET
— Hugo Lowell (@hugolowell) August 11, 2023
Federal prosecutors and Donald Trump attorneys to attend protective order hearing
Federal prosecutors and Donald Trump attorneys are scheduled to attend a hearing at the US district court in Washington DC today at 10am over special counsel Jack Smith’s request to limit Trump’s ability to publicly reveal evidence collected during the January 6 criminal investigation.
The US district judge Tanya Chutkan is set to preside over the hearing, which comes a week after Trump’s arraignment during which he pleaded not guilty to four charges over efforts to overturn the 2020 election.
Trump’s lawyers are expected to urge Chutkan to allow him more freedom to publicly share pieces of evidence that will be used in the trial over subversion of the 2020 presidential election.
Prosecutors have requested Chutkan to impose a protective order that would guard evidence before sharing the materials with Trump’s attorneys. Prosecutors are concerned that Trump may weaponize certain details of the confidential evidence against witnesses and in turn intimidate them.
Trump has already attacked Chutkan, writing on Truth Social: “There is no way I can get a fair trial with the judge ‘assigned’ to the ridiculous freedom of speech/fair elections case.” At one point, the former president also wrote: “If you go after me, I’m coming after you!”
Trump has criticized the indictment as a political witch-hunt led by the Joe Biden administration.
CNN reports that the security detail assigned to Chutkan has been increased in the federal courthouse. A spokesperson from the US Marshals Service told the outlet: “Ensuring that judges can rule independently and free from harm or intimidation is paramount to the rule of law, and a fundamental mission of the USMS.”
“While we do not discuss our specific security measures, we continuously review the measures in place and take appropriate steps to ensure the integrity of the federal judicial process,” he added.
Updated
Good morning, US politics readers.
A hearing at the US district court in Washington DC is on the books today at 10am with federal prosecutors and Donald Trump’s attorneys.
The hearing, which the US district judge Tanya Chutkan will preside over, surrounds federal prosecutors’ request for a protective order to reject Trump’s request for fewer restrictions on his ability to publicly share evidence collected throughout the January 6 criminal case.
Trump’s lawyers are expected to urge Chutkan to allow him more freedom to publicly share pieces of evidence that will be used in the trial over subversion of the 2020 presidential election. Prosecutors are concerned that Trump may weaponize certain details of the confidential evidence against witnesses and in turn intimidate them.
Trump, who has pleaded not guilty to four charges over efforts to overturn the 2020 presidential election, is not expected to appear at today’s hearing.
We will bring you the latest updates from the hearing.
Here are other developments in US politics:
Conservative supreme court justice Clarence Thomas is facing criticism over his “unprecedented, stunning, disgusting” acceptance of luxury gifts from GOP billionaire donor Harlan Crow.
The Fulton county district attorney investigating Trump’s efforts to overturn the 2020 elections in Georgia has evidence to charge several of his allies involved in tampering with voting machines, according to people familiar with the matter.
Vice-President Kamala Harris is scheduled to participate in a moderated conversation on gun safety in Chicago this afternoon.
