usatoday--2020-01-29--Meme owner files cease and desist against Rep. Steve King for copyright infringement

The mom of `` Success Kid , '' the empowered toddler who has become a popular meme , has filed a cease-and-desist letter against Republican Rep. Steve King of Iowa for alleged copyright infringement .
With his fist raised and a determined expression on his face , then-toddler Sam Griner was transformed into a meme shortly after his mother , Laney Griner , posted the photo on Flickr in 2007 .
According to the Flickr caption , the photo was taken in Jacksonville by his mother when Sam was just 11 months old .
Griner registered the copyright on the @ @ @ @ @ @ @ letter .
But for more than a decade , the meme has been used countless times , including by the White House in 2013 to push changes in immigration laws .
When the Florida woman noticed King had used the meme of her son in fundraising efforts , she took to Twitter to protest the usage : Griner tweeted Thursday that King is a `` vile man '' and that she did not give permission to either him or his `` disgusting party '' to use her son 's image to promote his @ @ @ @ @ @ @ has since been deleted , King used Sam 's image with the message `` FUND OUR MEMES , '' in white block letters on a blurred background of the U.S. Capitol .
The post linked to the conservative fundraising site WinRed and asked people to donate if they enjoy the memes King posts on his page .
King became a member of the U.S. House of Representatives in 2003 .
He has represented Iowa 's 4th District since 2013 .
Live impeachment trial updates : Trump to Republicans : Do n't let Democrats @ @ @ @ @ @ @ law firm King , Holmes , Paterno & Soriano , LLP in Los Angeles , Griner sent the cease-and-desist letter to King , his campaign and WinRed .
In the letter , attorneys say King and his campaign are `` willfully infringing our client 's copyright and violating her son 's rights in his likeness '' to raise money for his campaign .
It alleges that King implied `` Success Kid '' is associated with his campaign , and the use `` has harmed and continues to harm '' the friendly message of @ @ @ @ @ @ @ that people may be hesitant to purchase products associated with `` Success Kid '' due to King 's use .
The firm asks in the letter that King remove `` Success Kid '' from all websites he owns or controls , post a message on all websites where he used the meme saying he posted it to solicit funds and did not have permission , and provide a list of all the money he received in response to the meme .
It also demands that King provide proof that the campaign `` has @ @ @ @ @ @ @ refunding all such funds to the payors , '' and has notified them that the meme was unauthorized and the owners are not affiliated with his campaign .
The letter asks that King contact the firm to discuss compensation for using the meme .
What 's next in impeachment ?
:16 hours of questions .
How that will work Griner 's lawyer , Stephen Rothschild , said the law firm has not heard back from King , his campaign , or WinRed .
`` We hope they will do the right thing and @ @ @ @ @ @ @ client ’ s copyrighted work and their attempt to associate Sam with their extremist views , '' he said in an email .
The letter states that if King has not complied with the Griner 's requests by 11 a.m. Wednesday , Griner will sue King , his campaign and WinRed for copyright infringement .
A media representative for King did not return requests for comment .
Sarah LeBlanc covers trending news for the Register .
Reach her at sleblanc @ registermedia.com .

Meme owner files cease and desist against Rep. Steve King for copyright infringement
Show Caption Hide Caption Steve King is seeking re-election in 2020 despite controversy Iowa Rep. Steve King is seeking re-election in 2020 despite controversy over his history of racist comments. King joined "Iowa Press" to discuss his comments. USA TODAY
The mom of "Success Kid," the empowered toddler who has become a popular meme, has filed a cease-and-desist letter against Republican Rep. Steve King of Iowa for alleged copyright infringement.
With his fist raised and a determined expression on his face, then-toddler Sam Griner was transformed into a meme shortly after his mother, Laney Griner, posted the photo on Flickr in 2007. According to the Flickr caption, the photo was taken in Jacksonville by his mother when Sam was just 11 months old.
Griner registered the copyright on the photo in 2012, according to the letter. But for more than a decade, the meme has been used countless times, including by the White House in 2013 to push changes in immigration laws.
When the Florida woman noticed King had used the meme of her son in fundraising efforts, she took to Twitter to protest the usage: Griner tweeted Thursday that King is a "vile man" and that she did not give permission to either him or his "disgusting party" to use her son's image to promote his agenda.
Just so it’s clear - I have/would never give permission for use of my son’s photo to promote any agenda of this vile man or that disgusting party. https://t.co/AVdl9dxXCs — Laney Griner (@laneymg) January 23, 2020
In a Facebook post that has since been deleted, King used Sam's image with the message "FUND OUR MEMES," in white block letters on a blurred background of the U.S. Capitol. The post linked to the conservative fundraising site WinRed and asked people to donate if they enjoy the memes King posts on his page.
King became a member of the U.S. House of Representatives in 2003. He has represented Iowa's 4th District since 2013.
Live impeachment trial updates: Trump to Republicans: Don't let Democrats 'play you' on witnesses
Through the law firm King, Holmes, Paterno & Soriano, LLP in Los Angeles, Griner sent the cease-and-desist letter to King, his campaign and WinRed.
In the letter, attorneys say King and his campaign are "willfully infringing our client's copyright and violating her son's rights in his likeness" to raise money for his campaign. It alleges that King implied "Success Kid" is associated with his campaign, and the use "has harmed and continues to harm" the friendly message of the meme.
The letter also states that people may be hesitant to purchase products associated with "Success Kid" due to King's use.
The firm asks in the letter that King remove "Success Kid" from all websites he owns or controls, post a message on all websites where he used the meme saying he posted it to solicit funds and did not have permission, and provide a list of all the money he received in response to the meme.
It also demands that King provide proof that the campaign "has refunded or is in the process of refunding all such funds to the payors," and has notified them that the meme was unauthorized and the owners are not affiliated with his campaign. The letter asks that King contact the firm to discuss compensation for using the meme.
What's next in impeachment?:16 hours of questions. How that will work
Griner's lawyer, Stephen Rothschild, said the law firm has not heard back from King, his campaign, or WinRed.
"We hope they will do the right thing and apologize for this blatant misuse of our client’s copyrighted work and their attempt to associate Sam with their extremist views," he said in an email.
The letter states that if King has not complied with the Griner's requests by 11 a.m. Wednesday, Griner will sue King, his campaign and WinRed for copyright infringement.
A media representative for King did not return requests for comment.
Sarah LeBlanc covers trending news for the Register. Reach her at sleblanc@registermedia.com.


usatoday--2020-01-29--Trump defense team uses videos to show Democrats once opposed single-party impeachment

Pat Cipollone , the White House counsel , closed the defense of President Donald Trump in the Senate trial with a warning that lowering the bar for impeachment and removal from office would set a historic precedent that would leave future presidents vulnerable to a Congress led by a different party .
He argued that the accusations in the two articles of impeachment – abuse of power and obstruction of Congress – were too vague to justify removing a president from office .
“ They fall far short of any constitutional standard and they are dangerous , ” Cipollone said @ @ @ @ @ @ @ played a series of videos from Democrats decrying the impeachment of former President Bill Clinton in 1998 .
Clinton was tried , but not removed from office .
Two of the lawmakers – Reps. Jerry Nadler of New York and Zoe Lofgren of California – are managers prosecuting Trump ’ s case .
Three others – Ed Markey of Massachusetts , Chuck Schumer of New York and Bob Menendez of New Jersey – were Democratic House members at that time and are now senators sitting in judgment of Trump .
Nadler warned against @ @ @ @ @ @ @ supported by one party .
So far no Republicans have supported Trump ’ s impeachment in committee or on the House floor .
“ Such an impeachment will produce the divisiveness and bitterness in our politics for years to come , and it will call into question the very legitimacy of our political institutions , ” Nadler said .
Lofgren said removing Clinton would be unfair to the American people and undo the 1996 election .
“ Future presidents will face election , then litigation , then impeachment , ” Lofgren said .
@ @ @ @ @ @ @ diminish in the face of the Congress , a phenomenon much feared by the founding fathers.
” Markey suggested that Republicans were pursuing a constitutional coup against Clinton .
Menendez warned against making impeachment a political weapon .
Schumer feared that lowering the bar for impeachment would make it “ a routine tool to fight battles ” between Congress and the White House .
More : Trump to hold New Jersey rally after his lawyers wrap up impeachment defense “ You were right , ” Cipollone said to laughter in the Senate chamber @ @ @ @ @ @ @ to say , you were also prophetic.
” The historic arguments from Democratic House members echoed what Trump ’ s defense lawyers have been telling senators .
Jay Sekulow , one of Trump ’ s private lawyers , argued that the impeachment was based on policy differences between Democrats in Congress and the Republican administration , rather than crimes worthy of removing Trump from office .
“ If that becomes the new norm , future presidents Democrats and Republicans will be paralyzed the moment they are elected , ” Sekulow said .
“ @ @ @ @ @ @ @ set this low.
” He repeated a phrase as a warning to senators : “ Danger , danger , danger.
” “ These articles must be rejected , ” Sekulow said .
“ The Constitution requires it .
Justice demands it .
”

Trump defense team uses videos to show Democrats once opposed single-party impeachment
Show Caption Hide Caption Impeachment trial: Trump defense team wraps arguments President Trump's defense team uses its final day of arguments summarizing that the impeachment is not constitutional and based on false premises. USA TODAY
Pat Cipollone, the White House counsel, closed the defense of President Donald Trump in the Senate trial with a warning that lowering the bar for impeachment and removal from office would set a historic precedent that would leave future presidents vulnerable to a Congress led by a different party.
He argued that the accusations in the two articles of impeachment – abuse of power and obstruction of Congress – were too vague to justify removing a president from office.
“They fall far short of any constitutional standard and they are dangerous,” Cipollone said.
To make his point, Cipollone played a series of videos from Democrats decrying the impeachment of former President Bill Clinton in 1998. Clinton was tried, but not removed from office. Two of the lawmakers – Reps. Jerry Nadler of New York and Zoe Lofgren of California – are managers prosecuting Trump’s case. Three others – Ed Markey of Massachusetts, Chuck Schumer of New York and Bob Menendez of New Jersey – were Democratic House members at that time and are now senators sitting in judgment of Trump.
More: Trump lawyer Sekulow says Bolton book manuscript 'inadmissable' – live Trump impeachment trial updates
Nadler warned against an impeachment of Clinton that would be supported by one party. So far no Republicans have supported Trump’s impeachment in committee or on the House floor.
White House Counsel Pat Cipollone: "It is time for this to end, here and now. We urge the Senate to reject these articles of impeachment for all of the reasons we have given you."
Watch full video here: https://t.co/nj5srbfURf pic.twitter.com/IIMTSI5jMx — CSPAN (@cspan) January 28, 2020
“Such an impeachment will produce the divisiveness and bitterness in our politics for years to come, and it will call into question the very legitimacy of our political institutions,” Nadler said.
Lofgren said removing Clinton would be unfair to the American people and undo the 1996 election.
“Future presidents will face election, then litigation, then impeachment,” Lofgren said. “The power of the president will diminish in the face of the Congress, a phenomenon much feared by the founding fathers.”
Markey suggested that Republicans were pursuing a constitutional coup against Clinton. Menendez warned against making impeachment a political weapon. Schumer feared that lowering the bar for impeachment would make it “a routine tool to fight battles” between Congress and the White House.
More: Trump to hold New Jersey rally after his lawyers wrap up impeachment defense
“You were right,” Cipollone said to laughter in the Senate chamber. “But I’m sorry to say, you were also prophetic.”
The historic arguments from Democratic House members echoed what Trump’s defense lawyers have been telling senators. Jay Sekulow, one of Trump’s private lawyers, argued that the impeachment was based on policy differences between Democrats in Congress and the Republican administration, rather than crimes worthy of removing Trump from office.
“If that becomes the new norm, future presidents Democrats and Republicans will be paralyzed the moment they are elected,” Sekulow said. “The bar for impeachment cannot be set this low.”
He repeated a phrase as a warning to senators: “Danger, danger, danger.”
“These articles must be rejected,” Sekulow said. “The Constitution requires it. Justice demands it.”


usatoday--2020-01-30--Trump Senate impeachment trial to resume with final questions to House Democrats, defense team - upd

Trump Senate impeachment trial to resume with final questions to House Democrats, defense team - updates

WASHINGTON – The Senate impeachment trial of President Donald Trump resumes Thursday with up to another eight hours of questions to House Democrats prosecuting the case and the president ’ s defense team .
The second and final question session begins at 1 p.m. With opening arguments out of the way for each side , the question phase sets up pivotal votes Friday about whether the Senate will call witnesses such as former national security adviser John Bolton .
Many of the questions Wednesday focused on Bolton because the New York Times reported that his pending book says Trump demanded @ @ @ @ @ @ @ Vice President Joe Biden , in exchange for military aid .
Trump has denied saying it and his defense team attacked Bolton as a disgruntled former worker .
'Is that true ? '
: Here are questions senators asked during Trump 's impeachment trial Bolton 's accusation could serve as confirmation of the central House impeachment allegation .
But the National Security Council contends the book contains classified information , which could hinder its publication scheduled in March .
The House managers led by Intelligence Chairman Adam Schiff , D-Calif. , contend that @ @ @ @ @ @ @ unless the Senate calls witnesses such as Bolton and acting White House chief of staff Mick Mulvaney .
But Trump ’ s defense team called the House case “ half-baked ” and said if witnesses were necessary , the House should have called them .
Trump ’ s team also said the testimony could potentially be blocked by executive privilege , in order to protect confidential advice from top aides .
Several questions focused on the burden of proof senators should weigh in deciding whether to convict Trump and remove him from office @ @ @ @ @ @ @ unlikely because it would require a two-thirds majority in a chamber with 53 Republicans and 47 Democrats .
Trump ’ s team has argued that the impeachment is unconstitutional because it isn ’ t based on violations of criminal statute , but on vague accusations of abuse of power and obstruction of Congress .
The defense lawyers argued that the House managers should have to prove their case beyond a reasonable doubt , as with a criminal case .
House managers contend that the article on abuse of power has been used in @ @ @ @ @ @ @ Nixon and Bill Clinton .
In this case , Schiff said the charge is akin to bribery or extortion because Trump demanded an investigation in exchange for $ 391 million in military aid .
The House managers said senators should use their own judgment in deciding whether to remove Trump .

Justice Roberts refuses to read question from Sen. Rand Paul – updates
Show Caption Hide Caption Trump impeachment trial: debate to allow witnesses The Senate impeachment trial against President Donald Trump reached a crossroads that could either extend the trial for days or see a vote soon. USA TODAY
The Senate impeachment session for Thursday ended. The trial is expected to begin again on Friday at 1 pm.
Below is a recap of how things played out.
Direct evidence?
Sen. Mitt Romney, R-Utah, presented one of the final questions of the evening, asking if there was “any evidence that anyone was directed by President Trump to tell the Ukrainians that security assistance was being held on condition of investigation into the Bidens?"
House Manager Adam Schiff said there were two pieces of direct evidence of the conditioning of aid: U.S. Ambassador to the European Union Gordon Sondland’s testimony, and the statements from acting White House Chief of Staff Mick Mulvaney.
“The president made the direct link to Ambassador Sondland,” and Sondland talked with the Ukrainians about the linkage, Schiff explained.
Schiff also mentioned Mulvaney’s press conference in which the Trump administration aide had told reporters aid had been contingent on the opening of investigations, though Mulvaney later walked the remarks back.
Michael Purpura, counsel to the President, disagreed.
"In the House record before us, there was no evidence that the president told anyone to tell the Ukrainians that the aid was linked.”
He cited Sondland’s testimony and Sen. Ron Johnson’s statements that Trump had told them there was “no quid pro quo” and no connection between investigations and aid.
Former Republican senator calls for witnesses in Senate trial
Late Thursday evening, former Sen. John Warner, a Republican who represented Virginia from 1979 until 2009, issued a statement calling for witnesses in the Senate trial of President Donald Trump.
"As a lifelong Republican and a retired member of the U.S. Senate, who once served as a juror in a Presidential impeachment trial, I am mindful of the difficult responsibilities those currently serving now shoulder," Warner said.
Warner said the Senate could not risk Americans believing the trial was a "sham" because of a lack of additional evidence, so he would urge the Senate to follow "judicial norms" and welcome "relevant witnesses and documents as part of this impeachment trial."
During President Bill Clinton's trial, Warner voted against charges of perjury but for obstruction of justice.
- Nicholas Wu
Murkowski asks why Senators shouldn’t call John Bolton as a witnesses
Sen. Lisa Murkowski, R-Alaska., who is a potential swing vote, asked White House lawyers Thursday night why the Senate should not call former national security adviser John Bolton since the reported comments in his upcoming book contradict the president's legal team.
“This dispute about material facts weighs in favor of calling additional witnesses with direct knowledge,” the question asked, also pointing out the contradictions between Ambassador Gordan Sondland, Sen. Johnson, and Bolton on whether there was a quid pro quo. “Why should this body not call Ambassador Bolton?"
Philbin answered that the Senate shouldn't finish the House's job in terms of witnesses while adding Bolton hasn't verified reports about his manuscript.
“Ambassador Bolton has not come out to verify that to my knowledge, but then we should have this chamber called new witnesses and establish the new normal for impeachment proceedings as being that there doesn't have to be a complete investigation in the House, I think that is very damaging for the future of this institution,” Philbin said.
Sen. Ron Johnson, R-Wisc., grimaced slightly as his name was mentioned when Chief Justice John Roberts read out the question.
Sen. Lamar Alexander, R-Tenn., an undecided vote on witnesses, looked up from the book he was reading and stared over at Murkowski.
Bolton allegedly wrote in the book that Trump demanded Ukraine investigate a political rival in exchange for foreign aid, an accusation that is central to the impeachment case against the president.
- Savannah Behrmann, Nicholas Wu
Democrats see hope in having Chief Justice Roberts break a tie
Senate Democrats see hope in having Chief Justice John Roberts break a potential 50-50 tie vote on witnesses tomorrow.
Sen. Sherrod Brown, D-Ohio, told USA TODAY Roberts “should” help break ties on witnesses.
"I would like him to step up for the traditional system and help us bring witnesses," Brown said.
Roberts should “absolutely” break a tie,” Sen. Kirsten Gillibrand, D-N.Y., told USA TODAY.
Sen. Chris Coons, D-Del., told reporters Roberts has "got the precedent if he wants to use it."
"In Andrew Johnson's impeachment trial, the Chief Justice broke two ties in terms of the questions of the visibility around witnesses and evidence, so he's got the precedent if he wants to use it," Coons explained.
One Senate Democrat, Sen. Elizabeth Warren, D-Mass., submitted a question during the trial pointed at Roberts and his role in the process.
“At a time where large majorities of Americans have lost faith in government, does the fact that the Chief Justice is presiding over an impeachment trial in which Republican senators have thus refused witnesses or evidence contribute to the loss of legitimacy of the Chief Justice, Supreme Court of the United States and Constitution?” Warren's question read.
Republicans disagreed.
Sen. Josh Hawley, R-Mo., a former clerk for Roberts, told reporters he would be “surprised if he broke the tie.”
Hawley explained the prior precedent for then-Chief Justice Salmon P. Chase’s tie-breaking votes during Johnson’s impeachment trial was “fiercely controversial,” with multiple motions introduced in the Senate to try to overturn them, though they all failed.
“I think he would probably take an out because it gets political at that point,” said Sen. Mike Braun, R-Ind.
-Nicholas Wu and Savannah Behrman
Ex-Giuliani associate gives more material to impeachment investigators
Brace yourself for the possibility that House impeachment investigators might disclose more information from Lev Parnas, the Ukraine-born businessman who helped President Donald Trump's lawyer, Rudy Giuliani, seek damaging information about former Vice President Joe Biden.
Parnas' attorney, Joseph Bondy, told a federal judge in New York on Thursday his office has downloaded material from his client's Apple iCloud account and turned it over to the House Intelligence Committee.
"We're doing everything possible to cooperate" with a subpoena issued last year, Bondy said. More material will be handed over as it is downloaded, he said, adding that he might make some of it public even if impeachment investigators do not.
During a Wednesday news conference with Parnas outside the U.S. Capitol, Bondy told reporters some of Parnas' material could implicate Trump.
Bondy discussed the evidence after a hearing in a campaign finance case in which Parnas, business associate Igor Fruman, and two co-defendants are charged with funneling hundreds of thousands of dollars in foreign money to U.S. election candidates and committees.
The case includes a $325,000 contribution that Parnas and Fruman allegedly made under false pretenses to a super PAC supporting Trump.
Unlike Fruman, Parnas has broken ranks with Giuliani and Trump — who maintains he does not know Parnas, despite a video showing Parnas with his arm on the president's shoulder during a gathering at Trump's Mar-a-Lago mansion in Florida.
Another hearing in the case is set for Monday. Attorneys for all but one defendant said their clients would prefer to waive their right to attend.
But not Parnas. "We couldn't keep him away, your honor," Bondy said.
- Kevin McCoy
Trump’s lawyers say Giuliani did not carry out U.S. diplomacy
The first bipartisan question of the trial came from Sens. Lisa Murkowski, R-Alaska, Susan Collins, R-Me., Kyrsten Sinema, D-Ariz., and Joe Manchin, D-W.V., to Trump’s lawyers, asking them to “assure the American public” private citizens would not carry out American diplomacy.
"I want to make clear that there was no conduct of foreign policy being carried out here by a private person,” said Deputy Counsel Patrick Philbin, noting the question likely referred to Trump’s personal attorney Rudy Giuliani.
Witnesses in the impeachment inquiry described Giuliani as part of a “parallel track” of American diplomacy to pressure Ukraine to open politically motivated investigations, and Giuliani has said his actions in Ukraine were part of legal work to defend his client, Trump.
“The president’s policy is always to abide by the laws and continue to do so,” Philbin said, responding to a part of the question that noted unauthorized diplomacy by U.S. citizens was prohibited under the Logan Act.
Philbin also referenced precedent from previous presidents who had asked private citizens to act as messengers to foreign countries, as President George Washington had asked Gouverneur Morris to do with France.
“That is a remarkable admission,” House Manager Rep. Adam Schiff, D-Calif., said later in the trial.
“They have now acknowledged that the person in charge of this was not conducting policy. So the investigations that Giuliani was charged with trying to get Ukraine to announce were not policy,” Schiff said.
Instead, they were “domestic political errands,” Schiff argued.
- Nicholas Wu
McConnell huddles with key vote hours before witness vote
Hours before the Senate will decide whether it will consider additional witnesses and documents as part of the president's impeachment trial, Senate Majority Leader Mitch McConnell huddled with Sen. Lisa Murkowski, a key vote, for several minutes on the Senate floor during a break.
While the two were talking, Sen. Susan Collins, another key Republican vote, was approached by Democratic Sen. Joe Manchin, one of the Democrats who is thought to be considering Trump's acquittal. The two locked arms and Manchin escorted Collins to the back of the chamber, where the pair talked for several minutes then left together.
Manchin also greeted Sen. John Thune, the Republican whip attempting to unify the GOP in voting against witnesses, with a handshake that turned into a hug.
- Christal Hayes
Trump’s lawyer claims Trump didn't ask Ukrainian president to investigate the Bidens
Several Republican senators asked both President Donald Trump’s lawyers and Democratic impeachment managers under what circumstances a “president could request a foreign country to investigate a US citizen including a political rival who is not under investigation.”
Deputy Counsel Patrick Philbin answered the question by going back to the record of Trump’s July 25 call with Ukrainian President Volodymyr Zelensky. Trump had asked Zelensky to “do us a favor” and look into allegations against former Vice President Joe Biden and his son Hunter Biden.
Philbin, however, asserted that Trump had not called “for an investigation necessarily into Vice President Biden or his son, but the situation in which the prosecutor had been fired,” referring to the ouster of Ukrainian prosecutor Viktor Shokin.
Republicans have argued Trump’s conduct on the call was justified because of his concerns about the Bidens and corruption.
Philbin continued, arguing that potential malfeasance by an American overseas would be “perfectly legitimate" to ask about, even if it’s “not something that would mean a criminal investigation here in the United States.”
Sens. Susan Collins, R-Me., Roy Blunt, R-Mo., Marco Rubio, R-Fla., and Mike Crapo, R-Idaho, had posed the question. Collins is a key undecided vote on both allowing witnesses and Trump’s conviction or acquittal.
Democrats disagreed. House Manager Rep. Adam Schiff, D-Calif., said “it would be hard for me to contemplate circumstances where that would be appropriate.”
Citing reforms made after the Watergate scandal, Schiff said such an ask would be “contrary to the history of our legal traditions.”
- Nicholas Wu
Schiff cites the Justice Department’s argument against Trump’s lawyers
Arguing in support of the obstruction of Congress charge, House Manager Rep. Adam Schiff, D-Calif., cited arguments made by Department of Justice lawyers today about the remedy for failure to comply with subpoenas.
Schiff said the Justice Department had argued Congress had the power to impeach the president if subpoenas were ignored – an incongruity, he said, that was in the category of “you can’t make this stuff up,”
“What more evidence do you need of the bad faith of this effort to cover up?”, Schiff asked senators.
Trump’s defense team has argued throughout the trial that the president cannot be impeached over failure to comply with subpoenas because of executive privilege.
The Democratic side of the chamber erupted in laughter and sounds of exasperation as Schiff spoke, and many Democrats looked at each other and shook their heads in disbelief.
Senator Jeff Merkley, D-OR., threw his hands up in the air.
As Schiff kept speaking, and eventually answered the original question from Sen. Mazie Hirono, D-Hawaii, about the withholding of aid to Ukraine, many Republican chambers left the chamber and walked into their cloakroom off the Senate floor.
By the end of Schiff’s remarks, USA TODAY counted 13 empty seats on the Republican side of the chamber.
- Nicholas Wu and Savannah Behrmann
Jeffries: US 'is not a banana republic'
Rep. Hakeem Jeffries, one of the House managers in the Senate impeachment trial of President Donald Trump, declared that the United States “is not a banana republic” in blasting the president’s willingness to accept information from foreigners in his political campaign.
“It’s wrong in the United States of America,” said Jeffries, D-N.Y. “This is not a banana republic.”
The articles of impeachment accuse Trump of pressuring Ukraine to investigate his political rival, former Vice President Joe Biden, while withholding $391 million in military aid. Jeffries was responding to a question from Sens. Sherrod Brown, D-Ohio, and Ron Wyden, D-Ore., about the implications of foreign countries interfering in U.S. elections.
The House managers had just played a video of Trump telling ABC News in the Oval Office that he would listen to what a foreign country offered. Another video featured Trump outside the White House telling reporters that China should investigate Biden.
“There’s nothing wrong with listening,” Trump told ABC News. “If somebody called from a country – Norway – we have information on your opponent. I’d think I’d want to hear it. It’s not an interference. They have information. I think I’d take it.”
But Jeffries said Trump and his defense team were wrong, that foreign interference is illegal and disqualifying. He quoted FBI Director Christopher Wray saying the FBI “would want to know about foreign election interference.”
Jeffries also quoted Ellen Weintraub, a member of the Federal Election Committee, who issued a statement on June 13, 2019, about foreign influence.
I would not have thought that I needed to say this. pic.twitter.com/T743CsXq79 — Ellen L Weintraub (@EllenLWeintraub) June 13, 2019
“It is illegal for any person to solicit, accept or receive anything of value from a foreign national in connection with a U.S. election,” Weintraub said. “This is not a novel concept. Electoral interference from foreign governments has been considered unacceptable since the beginnings of our nation.”
In a fiery summation, Jeffries said foreign influence is at the heart of the case about why the Senate should remove Trump from office.
“It is wrong. It is corrupt. It is lawless. It’s an abuse of power. It’s impeachable,” Jeffries said. “And it should lead to the removal of President Donald John Trump.”
- Bart Jansen
Justice Roberts refuses to read question from Sen. Rand Paul
WASHINGTON – Sen. Rand Paul, R-Ky., submitted a question during the impeachment trial of President Donald Trump that Supreme Court Chief Justice John Roberts refused to read.
“The presiding officer declines to read the question as submitted,” said Roberts, who did not offer further explanation.
Paul walked out of the chamber after Roberts declined the question. He told reporters his question didn’t name the alleged whistleblower - although his question, which he wrote in a tweet, mentioned the name of an official some Republicans have speculated is the whistleblower.
The question revived allegations from some Trump allies that the whistleblower “conspired” with a House committee staff member to reveal information that would lead to the president’s impeachment. Paul did not offer evidence for the claim.
“It was an incorrect finding to not allow a question,” Paul said, but declined to say why he did not force a vote to overrule Roberts.
Before the question, Senate Majority Leader Mitch McConnell, R-Ky., opened the question session by assuring Roberts that the Senate would respect his "unique position in reading in reading our questions."
“I want to be able to continue to assure him that that level of consideration for him will continue," he said.
- Bart Jansen
Pelosi: Trump 'will not be acquitted'
House Speaker Nancy Pelosi said Thursday that President Donald Trump can't be exonerated if senators don't call witnesses in his impeachment trial.
“He will not be acquitted,” Pelosi told reporters. “You cannot be acquitted if you don’t have a trial. And you don’t have a trial if you don’t have witnesses and documentation.”
The speaker was responding to repeated questions from reporters about Democrats’ next move if the Senate clears Trump.
“We’re still prayerful, hopeful,” she insisted, “that the Senate will have the courage to hear the truth.”
Does she think Trump will be chastened and understand that Congress is watching him, she was asked, or will he be emboldened?
Pelosi restated the question before answering.
“Does the president know right from wrong? I don’t think so,” she said. “That’s all I can say.”
Attempt to block book: Donald Trump security officials threaten to block publication of John Bolton's book
Channeling Paul Revere, Pelosi warned that democracy and the nation’s system of government are at stake.
“The Russians are coming. The Russians are coming,” she said. “And the president has led a clear path for them to interfere, once again, in our election as they are currently doing.”
Pelosi, who has said before that all roads lead to Russia, added: “I don’t know what the Russians have on the president, politically, personally or financially, but he doesn’t see Russia as an adversary.”
– Maureen Groppe
Dershowitz responds to criticism of 'mixed motives' argument
Trump defense attorney Alan Dershowitz pushed back Thursday against criticism of his argument during the first day of questions in the trial that said it was not impeachable for elected officials to act for their own political benefit if they believe their election is in the public interest.
He said that engaging in a quid pro quo that broke the law, or was for personal financial gain, would be impeachable, however.
Critics, such as 2016 Democratic presidential candidate Hillary Clinton, said Dershowitz’s argument placed the president above the law and paved the way for unrestrained abuses of power. And many compared it to former President Richard Nixon’s infamous declaration that no presidential act can be considered illegal.
Dershowitz said his argument was being “willfully misconstrued” and elaborated on his answer in a series of tweets. He said he was responding to the House impeachment managers’ “claim that any electoral benefit would constitute an impeachable quid pro quo.” He said his point was that a president could act out of “mixed motives” that were both in the national interest and his or her own political interest.
- William Cummings
Alan Dershowitz: Trump lawyer Dershowitz argues president can't be impeached for an act he thinks will help his reelection
Trump impeachment: Two-day question-and-answer session begins The Senate entered a two-day question-and-answer session in which senators submit questions for Chief Justice Roberts to read aloud. USA TODAY
Another 8 hours of questions on tap Thursday
The Senate impeachment trial of President Donald Trump resumes Thursday with up to another eight hours of questions to House Democrats prosecuting the case and the president’s defense team.
The second and final question session begins at 1 p.m. With opening arguments out of the way for each side, the question phase sets up pivotal votes Friday about whether the Senate will call witnesses such as former national security adviser John Bolton.
Many of the questions Wednesday focused on Bolton because the New York Times reported that his pending book says Trump demanded Ukraine investigate his political rival, former Vice President Joe Biden, in exchange for military aid. Trump has denied saying it and his defense team attacked Bolton as a disgruntled former worker.
'Is that true?': Here are questions senators asked during Trump's impeachment trial
Bolton's accusation could serve as confirmation of the central House impeachment allegation. But the National Security Council contends the book contains classified information, which could hinder its publication scheduled in March.
The House managers led by Intelligence Chairman Adam Schiff, D-Calif., contend that the trial won’t be fair unless the Senate calls witnesses such as Bolton and acting White House chief of staff Mick Mulvaney.
But Trump’s defense team called the House case “half-baked” and said if witnesses were necessary, the House should have called them. Trump’s team also said the testimony could potentially be blocked by executive privilege, in order to protect confidential advice from top aides.
Several questions focused on the burden of proof senators should weigh in deciding whether to convict Trump and remove him from office. The president’s removal is unlikely because it would require a two-thirds majority in a chamber with 53 Republicans and 47 Democrats.
What are senators thinking?: Senators' questions at Trump impeachment trial show most minds are made up
Presidential impeachment: Clinton, Johnson, Nixon test U.S. democracy Presidents have been impeached, but none have been removed from office due to impeachment. Confusing? Here's how. Just the FAQs, USA TODAY
Trump’s team has argued that the impeachment is unconstitutional because it isn’t based on violations of criminal statute, but on vague accusations of abuse of power and obstruction of Congress. The defense lawyers argued that the House managers should have to prove their case beyond a reasonable doubt, as with a criminal case.
House managers contend that the article on abuse of power has been used in past impeachment inquiries against former Presidents Richard Nixon and Bill Clinton. In this case, Schiff said the charge is akin to bribery or extortion because Trump demanded an investigation in exchange for $391 million in military aid. The House managers said senators should use their own judgment in deciding whether to remove Trump.


usatoday--2020-01-30--Trump plans big show of GOP force in Iowa ahead of pivotal impeachment trial day

WASHINGTON – President Donald Trump is preparing a massive show of GOP unity in Iowa ahead of the state 's presidential caucus and as a pivotal vote in the Senate impeachment trial exposes rifts among Republicans who will decide his fate .
Days before Iowans choose a Democratic candidate in the nation 's first presidential caucus , Trump will take the stage at Drake University in Des Moines for his fourth rally of the year .
The campaign will then send an unusually long list of GOP heavyweights to Iowa , including Cabinet officials , congressional leaders and members of @ @ @ @ @ @ @ campaign and Republican observers described the parade of political events as a flexing of muscles – a warning to Democrats that Trump 's operation is far better organized and funded than it was in 2016 .
But the display will also serve as a potent reminder of Trump 's grip on the party as Senate Republicans wrestle with whether to end his impeachment trial or extend it further by hearing from witnesses .
David Kochel , a veteran Republican political operative in Iowa , described the president 's itinerary in the state as @ @ @ @ @ @ @ ’ s a very smart move and it has little to do with his own nomination , which is not in doubt , '' said Kochel , a senior adviser to Jeb Bush 's campaign in 2016 .
`` It ’ s to fire up our base , and step into the middle of their primary dance and take some of the oxygen . ''
The caucuses take place Monday , and the president 's travel will coincide with a last-minute push by several of the Democratic candidates seeking to replace him .
@ @ @ @ @ @ @ but friends say he 's prepared for a knife fight Iowa power : Do winners of the Iowa caucus typically become president ?
Trump 's rally will come hours after an official White House event in Michigan to highlight his new trade deal with Mexico and Canada , a rare bipartisan win for the president that will have implications for Iowa farmers and manufacturers .
Then , as the nation shifts its attention to the Democratic caucus race , Trump will send about 80 surrogates to the state .
The roster includes at @ @ @ @ @ @ @ such as Health and Human Services Secretary Alex Azar and Education Secretary Betsy DeVos .
House Minority Leader Kevin McCarthy , R-Calif. ; Rep. Jim Jordan , R-Ohio ; and Rep. Mark Meadows , R-N.C. , are also expected to stump for the president .
Donald Trump Jr. , Eric Trump and Lara Trump are among the president 's family members heading to Iowa .
Incumbent presidents , who usually do not face serious challenges for the nomination , rarely devote so much attention to campaigning so early in the process .
Trump @ @ @ @ @ @ @ as a `` good workout for our ground game '' and said that the caucuses are `` an opportunity to flex the organizational muscles of President Trump ’ s '' operation .
Democrats in the state framed the events as a sign of `` panicking . ''
`` No amount of kicking , screaming , or tweeting can spin that legacy of failure , or voters ’ desperation for something new , '' said Iowa Democratic Party Chairman Troy Price .
What impeachment questions were asked : Here are questions senators asked during @ @ @ @ @ @ @ to Iowa initially appeared to offer an opportunity to take a victory lap and a hard pivot to the election .
Senate Republican leaders signaled the impeachment trial could wind down as early as Friday , potentially yielding the long-expected acquittal on charges that Trump abused his power by withholding military aid to Ukraine .
A New York Times report a forthcoming memoir by former Trump national security adviser John Bolton raised new uncertainty about the trial timeline .
The Times said the book will allege the president demanded Ukraine officials open an @ @ @ @ @ @ @ foreign aid – an issue at the center of the impeachment debate .
A handful of centrist Senate Republicans , including Sen. Mitt Romney of Utah , have said they are willing to hear from witnesses , including Bolton .
Friday will be the pivotal day when the GOP-led Senate will decide whether to extend the trial in order to hear from witnesses , or to move forward with a vote on possible acquittal .
Trump , who came in second in the Iowa caucuses in 2016 , carried the state in the @ @ @ @ @ @ @ points .
Polls suggest the contest could be closer this year , depending on who wins the Democratic nomination .
The president was about 2 points ahead of Biden in a New York Times/Siena College poll of likely caucusgoers released this month .
That same poll had Trump beating Sen. Bernie Sanders by 6 points and Sen. Elizabeth Warren by 5 .
Trump last traveled to Iowa in June to tout his efforts to promote gasoline with higher blends of ethanol – a popular position with many Iowa farmers .
He held a @ @ @ @ @ @ @ , a month before the 2018 midterm elections .
What senators are thinking : Senators ' questions at Trump impeachment trial show most minds are made up Republican operatives said the president 's visit to Iowa was a signal he intends to remain on the offensive and is n't taking even the states he won handily for granted .
They also predicted the effort may draw attention away from what is expected to be a huge turnout among Democrats .
If the turnout is larger than usual , it could be read as @ @ @ @ @ @ @ implications beyond Iowa .
`` Deploying this many surrogates on caucus night – and the caliber of the surrogates covering the amount of ground statewide – will yield tremendous dividends as Iowa Republicans begin focusing on the general election , '' said Jimmy Centers , a Republican consultant who worked for former Iowa Gov .
Terry Branstad .
Centers rejected the idea that Trump 's show of force in the state had anything to do with the impeachment trial , noting that voters have generally not named impeachment as a top election issue @ @ @ @ @ @ @ around the Iowa caucuses , '' he said , `` is nothing more than a coincidence . ''
Trump barely mentioned the trial during a rally in New Jersey on Tuesday .
He slammed Democrats for “ demented hoaxes , crazy witch hunts and deranged partisan crusades , ” but that language is similar to what he has embraced at his rallies for years .
Trump told a crowd of cheering supporters that Democrats had been working for years to overturn the results of the 2016 election .
And he vowed they would @ @ @ @ @ @ @ sure they face another crushing defeat in the next election , '' Trump said .
`` We are going to have a victory that is even greater than 2016 . ''

Trump plans show of GOP force in Iowa at pivotal phase in Senate impeachment trial
Show Caption Hide Caption Iowa caucus: Just how much influence does it have on the primary? The Iowa caucus is sure to be competitive this year. But what makes caucuses different from primaries? Just the FAQs
WASHINGTON – President Donald Trump is preparing a massive show of GOP unity in Iowa ahead of the state's presidential caucus and as a pivotal vote in the Senate impeachment trial exposes rifts among Republicans who will decide his fate.
Days before Iowans choose a Democratic candidate in the nation's first presidential caucus, Trump will take the stage at Drake University in Des Moines for his fourth rally of the year. The campaign will then send an unusually long list of GOP heavyweights to Iowa, including Cabinet officials, congressional leaders and members of Trump's family.
The president's campaign and Republican observers described the parade of political events as a flexing of muscles – a warning to Democrats that Trump's operation is far better organized and funded than it was in 2016. But the display will also serve as a potent reminder of Trump's grip on the party as Senate Republicans wrestle with whether to end his impeachment trial or extend it further by hearing from witnesses.
Live impeachment updates: Trump Senate impeachment trial to resume with final questions
David Kochel, a veteran Republican political operative in Iowa, described the president's itinerary in the state as "classic Trump."
"It’s a very smart move and it has little to do with his own nomination, which is not in doubt," said Kochel, a senior adviser to Jeb Bush's campaign in 2016. "It’s to fire up our base, and step into the middle of their primary dance and take some of the oxygen."
The caucuses take place Monday, and the president's travel will coincide with a last-minute push by several of the Democratic candidates seeking to replace him.
Bolton: John Bolton stirs GOP fury but friends say he's prepared for a knife fight
Iowa power: Do winners of the Iowa caucus typically become president?
Trump brings GOP star power to Iowa
Trump's rally will come hours after an official White House event in Michigan to highlight his new trade deal with Mexico and Canada, a rare bipartisan win for the president that will have implications for Iowa farmers and manufacturers. Then, as the nation shifts its attention to the Democratic caucus race, Trump will send about 80 surrogates to the state.
The roster includes at least eight members of the Cabinet, such as Health and Human Services Secretary Alex Azar and Education Secretary Betsy DeVos. House Minority Leader Kevin McCarthy, R-Calif.; Rep. Jim Jordan, R-Ohio; and Rep. Mark Meadows, R-N.C., are also expected to stump for the president. Donald Trump Jr., Eric Trump and Lara Trump are among the president's family members heading to Iowa.
Incumbent presidents, who usually do not face serious challenges for the nomination, rarely devote so much attention to campaigning so early in the process.
Trump campaign spokesman Tim Murtaugh described the effort as a "good workout for our ground game" and said that the caucuses are "an opportunity to flex the organizational muscles of President Trump’s" operation.
Democrats in the state framed the events as a sign of "panicking."
"No amount of kicking, screaming, or tweeting can spin that legacy of failure, or voters’ desperation for something new," said Iowa Democratic Party Chairman Troy Price.
What impeachment questions were asked: Here are questions senators asked during Trump's impeachment trial
Rally on eve of key trial vote
Trump's visit to Iowa initially appeared to offer an opportunity to take a victory lap and a hard pivot to the election. Senate Republican leaders signaled the impeachment trial could wind down as early as Friday, potentially yielding the long-expected acquittal on charges that Trump abused his power by withholding military aid to Ukraine.
A New York Times report a forthcoming memoir by former Trump national security adviser John Bolton raised new uncertainty about the trial timeline. The Times said the book will allege the president demanded Ukraine officials open an investigation into Biden in exchange for U.S. foreign aid – an issue at the center of the impeachment debate.
A handful of centrist Senate Republicans, including Sen. Mitt Romney of Utah, have said they are willing to hear from witnesses, including Bolton. Friday will be the pivotal day when the GOP-led Senate will decide whether to extend the trial in order to hear from witnesses, or to move forward with a vote on possible acquittal.
Trump, who came in second in the Iowa caucuses in 2016, carried the state in the general election by more than 9 percentage points. Polls suggest the contest could be closer this year, depending on who wins the Democratic nomination. The president was about 2 points ahead of Biden in a New York Times/Siena College poll of likely caucusgoers released this month.
That same poll had Trump beating Sen. Bernie Sanders by 6 points and Sen. Elizabeth Warren by 5.
Trump last traveled to Iowa in June to tout his efforts to promote gasoline with higher blends of ethanol – a popular position with many Iowa farmers. He held a campaign rally in Council Bluffs, Iowa, a month before the 2018 midterm elections.
What senators are thinking: Senators' questions at Trump impeachment trial show most minds are made up
'Demented hoaxes'
Republican operatives said the president's visit to Iowa was a signal he intends to remain on the offensive and isn't taking even the states he won handily for granted. They also predicted the effort may draw attention away from what is expected to be a huge turnout among Democrats. If the turnout is larger than usual, it could be read as a show of strength by Democrats with implications beyond Iowa.
"Deploying this many surrogates on caucus night – and the caliber of the surrogates covering the amount of ground statewide – will yield tremendous dividends as Iowa Republicans begin focusing on the general election," said Jimmy Centers, a Republican consultant who worked for former Iowa Gov. Terry Branstad.
Centers rejected the idea that Trump's show of force in the state had anything to do with the impeachment trial, noting that voters have generally not named impeachment as a top election issue in polls. "The trial occurring around the Iowa caucuses," he said, "is nothing more than a coincidence."
Trump barely mentioned the trial during a rally in New Jersey on Tuesday. He slammed Democrats for “demented hoaxes, crazy witch hunts and deranged partisan crusades,” but that language is similar to what he has embraced at his rallies for years. Trump told a crowd of cheering supporters that Democrats had been working for years to overturn the results of the 2016 election. And he vowed they would not succeed.
"We will make sure they face another crushing defeat in the next election," Trump said. "We are going to have a victory that is even greater than 2016."
Contributing: Christal Hayes, Michael Collins


usatoday--2020-01-30--Native American groups take issue with Library of Congress posting tribal stories

WASHINGTON – As the Library of Congress puts thousands of hours of Native American recordings and thousands of photographs online , some Native American groups are saying culturally sensitive material , often taken without the tribes ’ consent , should be a part of the tribal traditional property .
In the first half of the 20th century , anthropologists and sociologists made a substantial number of tribal recordings and took numerous photographs , often without the knowledge or consent of the tribes , material that ended up in the Library of Congress , according to public records .
While the @ @ @ @ @ @ @ some photographs that tribes had flagged as objectional are available only by an appointment with the Library , others are displayed under the explanation that these photographs , drawings , engravings , lithographs , posters , and architectural drawings were not made by indigenous peoples and that they , therefore , have no right to them .
Under the 2018 Music Modernity Act , all recordings gathered prior to 1923 are available for public use in 2021 .
“ They have no idea what they have , ” said Anne Richardson , chief @ @ @ @ @ @ @ “ It would just be music to them , but to the tribes , it could be something sacred.
” According to Martin Saniga , a member of the Saponi tribe and a site supervisor at the historic Jamestown settlement , ethnographers gathering culturally sensitive materials didn ’ t always obtain permission to record them , specifically because of the religious or cultural significance of the information .
“ There are songs about mourning and sending the dead to the afterlife so the anthropologists really had no right to come and make records @ @ @ @ @ @ @ Helena Zinkham , chief of the Library of Congress ’ Prints and Photographs Division , said her department did not consult with indigenous tribes prior to sharing their photographs online , noting that these materials were already available physically in the library .
“ We received no official complaints from the tribes , ” said Zinkham .
In addition , some of the photographs are now in the public domain because the photographers ’ copyrights expired .
This means that anyone can not only access but legally duplicate photographs even if they contain @ @ @ @ @ @ @ that some of the materials should never reach the public domain , regardless of who recorded them .
At a Senate hearing in November on modernizing the Library of Congress , Sen. Tom Udall , D-N.M. , called on the Copyright Office , which collaborates with the Library of Congress on the digitalization effort , to work closely with the Senate Committee on Indian Affairs to prevent the “ potential release of culturally sensitive information.
” A committee spokeswoman said Wednesday that the Library of Congress did not consult with the Senate Indian @ @ @ @ @ @ @ policy is to work with tribes directly .
Udall , vice chairman of the Senate Committee on Indian Affairs , said that all tribes have a right to maintain , control and protect their cultural sovereignty .
“ Any decision to share a tribe ’ s cultural information publicly should only be done after government-to-government consultation and with the prior consent of the Tribe , ” said Udall .
“ I ’ ll continue to push the Copyright Office to work with tribes and Congress to ensure efforts to modernize copyright law respect @ @ @ @ @ @ @ A small department within the Library of Congress , the American Folklife Center , does work with tribal leaders to ensure that none of its sensitive material is shared online .
An official said the department would not share sensitive information without prior consent , but that there are tribal related materials in all departments of the library , not just that small department .
Josh Marshall , a member of the Arapaho tribe , said in an interview that the first step in posting tribal content online should be contacting the tribe @ @ @ @ @ @ @ imagery and music a continuation of America ’ s troubled history with indigenous peoples .
“ They take our kids , they take our dead , they take our religion , confiscating our habitat .
A colonial nation , that ’ s what we are , ” Marshall said .

Native American groups take issue with Library of Congress posting tribal stories
Clarifications and corrections: The article has been updated to say that hundreds of hours of Native American recordings have been posted online and a statement saying indigenous people don't have rights to some content has been removed.
WASHINGTON – As the Library of Congress puts hundreds of hours of Native American recordings and thousands of photographs online, some Native American groups are saying culturally sensitive material, often taken without the tribes’ consent, should be a part of the tribal traditional property.
In the first half of the 20th century, anthropologists and sociologists made a substantial number of tribal recordings and took numerous photographs, often without the knowledge or consent of the tribes, material that ended up in the Library of Congress, according to public records.
Under the 2018 Music Modernity Act, all recordings gathered prior to 1923 are available for public use in 2021.
“They have no idea what they have,” said Anne Richardson, chief of the Rappahannock Tribe of Virginia. “It would just be music to them, but to the tribes, it could be something sacred.”
According to Martin Saniga, a member of the Saponi tribe and a site supervisor at the historic Jamestown settlement, ethnographers gathering culturally sensitive materials didn’t always obtain permission to record them, specifically because of the religious or cultural significance of the information.
“There are songs about mourning and sending the dead to the afterlife so the anthropologists really had no right to come and make records of these,” Saniga said.
Helena Zinkham, chief of the Library of Congress’ Prints and Photographs Division, said her department did not consult with indigenous tribes prior to sharing their photographs online, noting that these materials were already available physically in the library.
“We received no official complaints from the tribes,” said Zinkham.
In addition, some of the photographs are now in the public domain because the photographers’ copyrights expired. This means that anyone can not only access but legally duplicate photographs even if they contain culturally sensitive information.
But Richardson said that some of the materials should never reach the public domain, regardless of who recorded them.
At a Senate hearing in November on modernizing the Library of Congress, Sen. Tom Udall, D-N.M., called on the Copyright Office, which collaborates with the Library of Congress on the digitalization effort, to work closely with the Senate Committee on Indian Affairs to prevent the “potential release of culturally sensitive information.”
A committee spokeswoman said Wednesday that the Library of Congress did not consult with the Senate Indian Affairs Committee and the library’s policy is to work with tribes directly.
Udall, vice chairman of the Senate Committee on Indian Affairs, said that all tribes have a right to maintain, control and protect their cultural sovereignty.
“Any decision to share a tribe’s cultural information publicly should only be done after government-to-government consultation and with the prior consent of the Tribe,” said Udall.
“I’ll continue to push the Copyright Office to work with tribes and Congress to ensure efforts to modernize copyright law respect Tribes’ cultural rights and sovereignty.”
A small department within the Library of Congress, the American Folklife Center, does work with tribal leaders to ensure that none of its sensitive material is shared online. An official said the department would not share sensitive information without prior consent, but that there are tribal related materials in all departments of the library, not just that small department.
Josh Marshall, a member of the Arapaho tribe, said in an interview that the first step in posting tribal content online should be contacting the tribe. He called the appropriation of indigenous imagery and music a continuation of America’s troubled history with indigenous peoples.
“They take our kids, they take our dead, they take our religion, confiscating our habitat. A colonial nation, that’s what we are,” Marshall said.


usatoday--2020-01-30--OnPolitics: What if we told you interesting stuff about politics?

Questions about answers .
Answers to questions about questions .
Then the occasional reminder to keep things pushing along .
Wednesday was a big day for impeachment trial followers who have ever passed notes in class that were read out loud .
The mom of a memed child is suing a member of Congress .
No , for real The mom of `` Success Kid , '' the empowered toddler who has become a popular meme , has filed a cease-and-desist letter against Republican Rep. Steve King of Iowa for alleged copyright infringement .
With his fist raised and a @ @ @ @ @ @ @ Sam Griner was transformed into a meme shortly after his mother , Laney Griner , posted the photo on Flickr in 2007 .
According to the Flickr caption , the photo was taken in Jacksonville by his mother when Sam was just 11 months old .
Why ?
Why ?
Why ?
Questions asked in the impeachment trial It was a surreal deal in the Senate , with Senators submitting questions via notes to Supreme Court Justice John Roberts who read them out loud for eight hours .
Here 's a sampling of @ @ @ @ @ @ @ house ’ s failure to enforce subpoenas render its obstruction of congress theory unprecedented ?
• As a matter of law , does it matter if there was a quid pro quo ?
Is it true that quid pro quos are often used in foreign policy ?
• The president 's counsel stated that , quote , 'There is simply no evidence anywhere that President Trump ever linked security assistance to any investigations . '
Is that true ?
• Why did the House of Representatives not challenge President Trump 's claim of @ @ @ @ @ @ @ House impeachment proceedings ?
Heads up , you 're about to start caring about Iowa Are you so invested in the impeachment trial that you have forgotten entirely about the Iowa Caucus that is speeding towards us ?
Girl , same .
But USA TODAY meetings and my inbox have quickly reminded that Iowans will spread out across the state next week to show their support for Democratic presidential candidates , and it 's kind of a big deal .
So , now 's your time to get caught up so you can @ @ @ @ @ @ @ week .
• Do winners of the Iowa caucus typically become president ?
It depends on the party • For some , it 's one or none .
Others have a list .
Second choices in the caucuses will matter

OnPolitics: What if we told you interesting stuff about politics?
Show Caption Hide Caption Schiff: no way to have fair trial absent witnesses President Donald Trump's impeachment trial is shifting to questions from senators, a pivotal juncture as Republicans lack the votes to block witnesses and face a potential setback in their hope of ending the trial with a quick acquittal. (Jan. 29) AP
Questions about answers. Answers to questions about questions. Then the occasional reminder to keep things pushing along.
Wednesday was a big day for impeachment trial followers who have ever passed notes in class that were read out loud.
The mom of a memed child is suing a member of Congress. No, for real
The mom of "Success Kid," the empowered toddler who has become a popular meme, has filed a cease-and-desist letter against Republican Rep. Steve King of Iowa for alleged copyright infringement.
With his fist raised and a determined expression on his face, then-toddler Sam Griner was transformed into a meme shortly after his mother, Laney Griner, posted the photo on Flickr in 2007. According to the Flickr caption, the photo was taken in Jacksonville by his mother when Sam was just 11 months old.
Why? Why? Why? Questions asked in the impeachment trial
It was a surreal deal in the Senate, with Senators submitting questions via notes to Supreme Court Justice John Roberts who read them out loud for eight hours. Here's a sampling of what was asked.
Does the house’s failure to enforce subpoenas render its obstruction of congress theory unprecedented?
As a matter of law, does it matter if there was a quid pro quo? Is it true that quid pro quos are often used in foreign policy?
The president's counsel stated that, quote, 'There is simply no evidence anywhere that President Trump ever linked security assistance to any investigations.' Is that true?
Why did the House of Representatives not challenge President Trump's claim of executive privilege and or immunity during the House impeachment proceedings?
Heads up, you're about to start caring about Iowa
Are you so invested in the impeachment trial that you have forgotten entirely about the Iowa Caucus that is speeding towards us? Girl, same.
But USA TODAY meetings and my inbox have quickly reminded that Iowans will spread out across the state next week to show their support for Democratic presidential candidates, and it's kind of a big deal. So, now's your time to get caught up so you can be smarter than your friends come next week.


usatoday--2020-01-30--USA TODAY/Ipsos poll: Is the USA ready to elect a woman president? Fewer Americans say 'yes'

Though a majority of Americans say the USA is ready to elect a female president , that number has dropped over the past six months , a national USA TODAY/Ipsos Poll shows – a sobering finding for Democratic presidential hopefuls Elizabeth Warren and Amy Klobuchar as the nominating season officially kicks off Monday in Iowa .
Seventy-one percent say they personally would be comfortable with a female president , but just 33 % say their neighbors would be – a telling and perhaps more candid measure , and one that had dipped by 4 points since the poll in August @ @ @ @ @ @ @ she 's not electable .
`` This ca n't be a hidden question , '' the Massachusetts senator said during a campaign swing in Iowa Sunday , noting that she is the only contender in the race who has defeated an incumbent Republican in the past 30 years .
`` I 'm glad to talk about it right up front .
Because , you know , women win . ''
In all , 56 % of Americans and 68 % of likely Democratic primary voters say the nation is ready to elect a @ @ @ @ @ @ @ lower for each than six months ago .
Since then , the Democratic race has been roiled by a debate over which candidate would have the best chance of defeating President Donald Trump in November .
Candidates on the issues : Voter 's guide to where they stand on health care , gun control and more In 2016 , former Secretary of State Hillary Clinton made history when the Democratic Party nominated her to be its candidate for president , the first woman to be the standard bearer for a major party .
@ @ @ @ @ @ @ and the election – by 74 electoral votes , Clinton won the popular vote by 2.8 million .
The Iowa caucuses open a rapid-fire presidential season Monday , followed by the New Hampshire primary eight days later and early contests in Nevada and South Carolina .
Former Vice President Joe Biden 's campaign pitch has emphasized his strength in a general election , and Warren and Vermont Sen. Bernie Sanders skirmished over “ electability ” in the last Democratic debate .
Warren counts on a strong showing from her muscular grassroots organization in @ @ @ @ @ @ @ of candidates .
Minnesota Sen. Klobuchar hopes to do well enough in her neighboring state to give her traction to stay in the race .
`` I like Amy Klobuchar ; I like Elizabeth Warren .
I 'm just not sure if they can beat ( Trump ) , '' says Sharon O'Donnell , 69 , a Democrat and retired math professor in Chicago who participated in the survey .
She worries that voters have trouble conceptualizing a female president because it 's unfamiliar .
`` It 's this idea , 'Oh , @ @ @ @ @ @ @ it was a woman ? '
That 's part of it . ''
The survey found some qualms about the electoral appeal of candidates over 75 ( including Joe Biden and Bernie Sanders ) , for those who are gay ( Pete Buttigieg ) and for those who are democratic socialists ( Sanders ) .
Even so , gender looms as a hurdle .
Suffolk University/USA TODAY Poll : A week before the caucuses , Biden leads an unsettled Iowa race Fifty percent of likely Democratic primary voters in the new poll predict @ @ @ @ @ @ @ time than a man running against Trump .
In a Suffolk University/USA TODAY Poll this month , likely Democratic caucusgoers overwhelmingly chose `` defeating Donald Trump '' as the most important issue affecting their vote , more than health care , climate change or any other concerns .
“ Our latest USA TODAY/Ipsos poll shows that Americans are more pessimistic about the country being ready for a woman president compared to six months ago , ” says Cliff Young , president of research company Ipsos .
“ However , Democrats appear to be @ @ @ @ @ @ @ of the contenders as they search for a perfect candidate to take on President Trump.
” The online poll of 2,011 adults , taken Friday through Tuesday , has a credibility interval , akin to a margin of error , of plus or minus 2.5 points .
The sample of 822 likely Democratic primary voters has a credibility interval of 3.9 points .
Likely Democratic voters express concerns that the personal characteristics of some candidates might make them less favorable to the electorate .
• By an overwhelming 14-1 , both Americans in @ @ @ @ @ @ @ particular say being older than 75 makes a candidate less appealing rather than more appealing .
( About a third in each category say it does n't make a difference . )
Biden is 77 , and Sanders is 78 .
• By nearly 5-1 , Americans say being gay makes a candidate less appealing .
Likely Democratic primary voters agree by 3-1 .
Being a gay man makes a candidate less appealing , according to 32 % of Americans and 23 % of Democratic voters .
( Half of Americans and two-thirds @ @ @ @ @ @ @ n't make a difference . )
Buttigieg , the former mayor of South Bend , Indiana , is openly gay .
• By 3-1 , Americans say being a democratic socialist makes a candidate less appealing , although likely Democratic primary voters split about evenly ; by 28 % -24 % , they call it less appealing .
( Twenty-nine percent of Americans and 39 % of the Democratic voters say it does n't make a difference . )
Sanders identifies himself as a democratic socialist .
For a candidate who is a @ @ @ @ @ @ @ how far you want to go in spending other people 's money , '' says Logan Hutchison , 65 , a retiree in Fort Madison , Iowa , who is an independent .
`` They do n't want somebody to take 90 % of their money and give it to somebody who is n't really trying .
These freebies are n't free .
The taxpayer is paying for it . ''
More than 6 in 10 of those surveyed say that being a woman does n't affect the appeal of a candidate .
@ @ @ @ @ @ @ difference , Americans split about evenly over whether it makes a contender more or less appealing .
Likely Democratic primary voters say by 2-1 that it makes a candidate more appealing .
That said , likely Democratic primary voters rate Biden and Sanders more highly than Warren on some characteristics that many see as important in a president .
Both men are seen as better able to stand up to Trump , better able to make hard decisions and more approachable .
Asked which contender has the best chance to beat Trump , @ @ @ @ @ @ @ of 8 points since the survey in August ; 21 % say Sanders , a rise of 1 point ; and 16 % say former New York Mayor Michael Bloomberg , who was n't a candidate when the previous poll was taken .
Twelve percent say Warren , down 4 points in six months .
`` I 'm sure at some point there 'll be a female that gets elected president , '' says Mark Morrison , 37 , public safety dispatcher in Stafford , Connecticut .
A registered Democrat , he voted @ @ @ @ @ @ @ ” plans to vote for him in 2020 .
`` We just have n't had any who have run that would be capable of running the country . ''
On the ballot : Who is running for president in 2020 ?
An interactive guide Why is Iowa first ?
A brief history of the state 's caucuses

USA TODAY/Ipsos poll: Is the USA ready to elect a woman president? Fewer Americans say 'yes'
Show Caption Hide Caption Iowa caucus: Just how much influence does it have on the primary? The Iowa caucus is sure to be competitive this year. But what makes caucuses different from primaries? Just the FAQs
Though a majority of Americans say the USA is ready to elect a female president, that number has dropped over the past six months, a national USA TODAY/Ipsos Poll shows – a sobering finding for Democratic presidential hopefuls Elizabeth Warren and Amy Klobuchar as the nominating season officially kicks off Monday in Iowa.
Seventy-one percent say they personally would be comfortable with a female president, but just 33% say their neighbors would be – a telling and perhaps more candid measure, and one that had dipped by 4 points since the poll in August.
Warren has tackled head-on suggestions that she's not electable.
"This can't be a hidden question," the Massachusetts senator said during a campaign swing in Iowa Sunday, noting that she is the only contender in the race who has defeated an incumbent Republican in the past 30 years. "I'm glad to talk about it right up front. Because, you know, women win."
In all, 56% of Americans and 68% of likely Democratic primary voters say the nation is ready to elect a woman as president, 7 percentage points lower for each than six months ago. Since then, the Democratic race has been roiled by a debate over which candidate would have the best chance of defeating President Donald Trump in November.
Candidates on the issues: Voter's guide to where they stand on health care, gun control and more
In 2016, former Secretary of State Hillary Clinton made history when the Democratic Party nominated her to be its candidate for president, the first woman to be the standard bearer for a major party. Though Trump won the Electoral College – and the election – by 74 electoral votes, Clinton won the popular vote by 2.8 million.
Iowa opens presidential season
The Iowa caucuses open a rapid-fire presidential season Monday, followed by the New Hampshire primary eight days later and early contests in Nevada and South Carolina. Former Vice President Joe Biden's campaign pitch has emphasized his strength in a general election, and Warren and Vermont Sen. Bernie Sanders skirmished over “electability” in the last Democratic debate.
Warren counts on a strong showing from her muscular grassroots organization in Iowa to stay in the top tier of candidates. Minnesota Sen. Klobuchar hopes to do well enough in her neighboring state to give her traction to stay in the race.
"I like Amy Klobuchar; I like Elizabeth Warren. I'm just not sure if they can beat (Trump)," says Sharon O'Donnell, 69, a Democrat and retired math professor in Chicago who participated in the survey. She worries that voters have trouble conceptualizing a female president because it's unfamiliar. "It's this idea, 'Oh, who would be the first lady if it was a woman?' That's part of it."
The survey found some qualms about the electoral appeal of candidates over 75 (including Joe Biden and Bernie Sanders), for those who are gay (Pete Buttigieg) and for those who are democratic socialists (Sanders).
Even so, gender looms as a hurdle.
Suffolk University/USA TODAY Poll: A week before the caucuses, Biden leads an unsettled Iowa race
Fifty percent of likely Democratic primary voters in the new poll predict that a woman would have a harder time than a man running against Trump.
In a Suffolk University/USA TODAY Poll this month, likely Democratic caucusgoers overwhelmingly chose "defeating Donald Trump" as the most important issue affecting their vote, more than health care, climate change or any other concerns.
A 'perfect candidate' against Trump?
“Our latest USA TODAY/Ipsos poll shows that Americans are more pessimistic about the country being ready for a woman president compared to six months ago,” says Cliff Young, president of research company Ipsos. “However, Democrats appear to be concerned about some facet of virtually all of the contenders as they search for a perfect candidate to take on President Trump.”
Democratic race wide open in Iowa as caucuses near Presidential candidates have swarmed Iowa for more than a year. But a week before the caucuses usher in the Democratic contest, the battle for the state is wide open (Jan. 27) AP
The online poll of 2,011 adults, taken Friday through Tuesday, has a credibility interval, akin to a margin of error, of plus or minus 2.5 points. The sample of 822 likely Democratic primary voters has a credibility interval of 3.9 points.
Likely Democratic voters express concerns that the personal characteristics of some candidates might make them less favorable to the electorate.
By an overwhelming 14-1, both Americans in general and likely Democratic primary voters in particular say being older than 75 makes a candidate less appealing rather than more appealing. (About a third in each category say it doesn't make a difference.) Biden is 77, and Sanders is 78.
By nearly 5-1, Americans say being gay makes a candidate less appealing. Likely Democratic primary voters agree by 3-1. Being a gay man makes a candidate less appealing, according to 32% of Americans and 23% of Democratic voters. (Half of Americans and two-thirds of the Democratic voters say it doesn't make a difference.) Buttigieg, the former mayor of South Bend, Indiana, is openly gay.
By 3-1, Americans say being a democratic socialist makes a candidate less appealing, although likely Democratic primary voters split about evenly; by 28%-24%, they call it less appealing. (Twenty-nine percent of Americans and 39% of the Democratic voters say it doesn't make a difference.) Sanders identifies himself as a democratic socialist.
For a candidate who is a democratic socialist, "it depends on how far you want to go in spending other people's money," says Logan Hutchison, 65, a retiree in Fort Madison, Iowa, who is an independent. "They don't want somebody to take 90% of their money and give it to somebody who isn't really trying. These freebies aren't free. The taxpayer is paying for it."
More than 6 in 10 of those surveyed say that being a woman doesn't affect the appeal of a candidate. For those who say it makes a difference, Americans split about evenly over whether it makes a contender more or less appealing. Likely Democratic primary voters say by 2-1 that it makes a candidate more appealing.
Who can make hard decisions?
That said, likely Democratic primary voters rate Biden and Sanders more highly than Warren on some characteristics that many see as important in a president. Both men are seen as better able to stand up to Trump, better able to make hard decisions and more approachable.
Asked which contender has the best chance to beat Trump, 29% say Biden, a drop of 8 points since the survey in August; 21% say Sanders, a rise of 1 point; and 16% say former New York Mayor Michael Bloomberg, who wasn't a candidate when the previous poll was taken. Twelve percent say Warren, down 4 points in six months.
"I'm sure at some point there'll be a female that gets elected president," says Mark Morrison, 37, public safety dispatcher in Stafford, Connecticut. A registered Democrat, he voted for Trump in 2016 and “absolutely” plans to vote for him in 2020. "We just haven't had any who have run that would be capable of running the country."
Contributing: Brianne Pfannenstiel in Iowa
On the ballot: Who is running for president in 2020? An interactive guide
Why is Iowa first?A brief history of the state's caucuses