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US Federal Courts are the right place to decide the legality of Donald Trump’s ‘travel ban’

The decision of the federal judge in Seattle to order a block on President Trump’s ‘travel ban’ Executive Order kicks off a legal battle, which will resolve the question of its legality.

Alexander Mercouris

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The legal moves and counter-moves in respect of Donald Trump’s ‘travel ban’ Executive Order – which includes the stay imposed on its enforcement by a Federal Judge on Friday – should be welcomed as in the present fraught atmosphere they are probably the only way of resolving the question of its legality.

I have previously discussed why the Executive Order appears to me to break no new ground.  I doubt that it is discriminatory in the way some people say, and I doubt that its intention was discriminatory.  The Executive Order has been administered in the most chaotic way, and this has caused real hardship in many cases.  However that is unfortunately true of most immigration and border law in general.

On the subject of whether the Executive Order is discriminatory, given that its declared purpose is to exclude from the US Jihadi terrorists who are exclusively Sunni Muslims, it seems to me that it would be illogical to exclude from the US the non-Sunni Muslims the Jihadi terrorists are persecuting.  In other words the discrimination looks to me to be on the part of the Jihadis it is targeting rather than in the Executive Order itself.

It is open to opponents of the ‘travel ban’ Executive Order to argue otherwise, though I would say that those who do so by criticising it for being discriminatory in my opinion need to be careful with this argument, since it could be argued that one way to ‘cure’ it would be to extend the ‘travel ban’ to allow for no exceptions from the seven targeted countries, even if that means excluding from the US people who the Jihadi terrorists are persecuting because of their religious beliefs.

Having said this, as I have said previously

I am not familiar with US asylum and entry law so I do not know whether the Executive Order in any way breaches that law. However, I have to say on the face of it that I think that is unlikely.

Many people in the US and elsewhere – citing the US constitution – think otherwise, as is their right.  If so then the correct thing for them to do is to challenge the Executive Order in the US federal courts, as they are now doing, with the Department of Justice – as it also should be doing (see below) – defending the Executive Order by arguing the President’s case.

That is precisely what is now happening, and it is welcome, as it should finally and conclusively resolve the question of the Executive Order’s legality.  In saying this I would say that if – as I expect – the federal courts eventually rule that the Executive Order is legal, then it will still be the right of its opponents to argue that it is wrong, and to campaign against it politically.  However they should take note of the fact that a plurality of Americans apparently backs the President on this question.

There are  a number of myths concerning the ongoing legal battle which I think it would be helpful to dispel.

Firstly, in an article published by the Guardian on Wednesday 1st February 2017 (before the federal judge’s order made on Friday 3rd February 2017) the British commentator Jonathan Freedland – echoing numerous claims I have seen being made by opponents of the Executive Order in the US – said that the Trump administration was behaving lawlessly by ignoring decisions of the courts.

Recall that once the ban came into force, and would-be arrivals started being detained at or deported from US airports, several federal judges rapidly issued court orders demanding a “stay” or halt to the proceedings. In the normal run of things, the instant such a legal ruling was issued, the policy would come to a stop. Because the law is paramount, the court’s word should have been decisive.

But that’s not how it played out last weekend. Even after the judges had spoken, Customs and Border Protection (CBP) staff continued to enforce Trump’s executive order. CBP officers kept lawyers from speaking to detainees, even after a court judgement had said they could. When elected congressmen and women called and asked for information, the CBP put the phone down on them. And, even after the court rulings, the White House insisted that the executive order still stood.

The significance of this is enormous. It means that the executive – in the form of both the White House and the Customs and Border Protection agency – was refusing to bow to the judiciary. That position was perhaps articulated best by the CBP officer who, when asked by two members of Congress who exactly he was reporting to, answered, “Donald J Trump”.

This is precisely the sort of paranoid and overblown argument now typically made about Donald Trump which makes one doubt the bona fides – or the grasp of reality – of his opponents.  If Freedland really believes all this, then all I can say is that it betrays a complete misunderstanding of the legal process.

All the court decisions made prior to Friday did not touch on the legality of the Executive Order.  They ruled on the legality of its enforcement in individual cases, which is an entirely different thing.  By contrast the federal judge’s order on Friday did touch on the legality of the Executive Order, and it is being observed.

The ‘travel ban’ Executive Order may or not not turn out to be legal.  That is a question for the federal courts to decide.  However there are no grounds for saying that the Trump administration is behaving lawlessly, or that it is ignoring or defying the courts, though it is possible that some lower ranking officials, left uncertain about what they should be doing because of the chaos that followed the making of the Order, may have acted in particular cases contrary to the specific orders of the courts.  However it seems that a judge has refused to rule that these officials are in contempt of court, saying there is insufficient evidence to decide this question.  I will here express my opinion, which is that I doubt they are.

Secondly, there continues to be some discussion of the conduct of Sally Yates, with some defending her on the grounds that as acting Attorney General she owed a duty to the constitution – to uphold which she has sworn on oath – and that this somehow overrode her duty to her client, which as the US’s Attorney General is the US government and its chief executive officer, the President.

All lawyers however have an overriding duty to the law.  There are no exception.   No-one moreover is saying that Sally Yates should have defended the Executive Order if she thought it was illegal and unconstitutional.  That would be absurd.  If Sally Yates thought the Executive Order was illegal and unconstitutional then certainly she should not have defended it.  Her duty in that case was to tell the President that his Executive Order was illegal and unconstitutional, and if he rejected her advice – which is his right – and ordered her to defend the Order despite her advice – to resign.

I would add that the same would be true if Sally Yates was unsure about whether the Executive Order was illegal and unconstitutional, but thought that on balance it probably was, and that the government’s case was weak.  She should have advised the President of this, and informed him that in her opinion it was against the national interest for the US government to defend a case it would probably lose, and if the President – as is his right – again rejected her advice and ordered her to defend the Executive Order,then she also should have resigned.

In the event Sally Yates’s letter shows that she decided against defending the Executive Order not because she had decided it was illegal and unconstitutional, and not actually because she thought the government would lose the case, but because she didn’t agree with it.  The point is fully discussed by Jack Goldsmith, who unlike me is a Harvard law professor and former Assistant Attorney General, Office of Legal Counsel, from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

In the event, with Sally Yates gone, the Department of Justice is now doing its job, advising the President and the US government, and making its case in the courts.  That ensures that the question of the legality or otherwise of the Executive Order will be properly and fully argued before the courts, as it needs to be if this contentious issue is to be resolved properly in a way that commands general respect.

Though legal processes can take a long time in the US and elsewhere, this case will I think be an exception, and I suspect it will be resolved one way or another within the next few weeks.

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Ugly breakup at FBI: Lisa Page throws ex-lover, Peter Strzok, under the bus (Video)

The Duran – News in Review – Episode 60.

Alex Christoforou

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While Peter Strzok’s testimony put a face on the deceptive and secretive Deep State, GOP lawmakers who were present at Lisa Page’s closed-door deposition said they learned a lot of new information from the ex-FBI lawyer, and ex-lover of Peter Strzok.

Lisa Page confirmed to GOP lawmakers that the text messages sent between her and her lover Strzok “meant exactly what they said,” contrary to Strzok’s testimony.

According to The Gateway Pundit, one damning text message in particular sent from Strzok on May 19th, 2017, just two days after Robert Mueller was appointed Special Counsel, intrigued investigators and the public alike.

“There’s no big there there,” Strzok texted.

According to investigative reporter, John Solomon, Lisa Page confirmed that text from Peter Strzok did indeed refer to the Trump-Russia case.

Strzok knew it was a nothing-burger yet he forged ahead.

The Duran’s Alex Christoforou, RT CrossTalk host Peter Lavelle, and Editor-in-Chief Alexander Mercouris discuss how Peter Strzok’s testimony has undoubtedly contradicted Lisa Page’s cooperative deposition, as the ex-FBI lawyer is preparing to save herself, while throwing her ex-lover under the bus.

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Via The Epoch Times

Representatives John Ratcliffe and Louie Gohmert of Texas recently shared their observations of the closed-door testimony of former high-ranking FBI lawyer Lisa Page, which concluded on July 16.

One of the major questions regarding the testimony was whether it would match the one given by FBI Deputy Assistant Director Peter Strzok.

But while Ratcliffe said he found a mismatch, Gohmert wouldn’t go so far.

Page and Strzok played major roles in the investigations on both 2016 presidential candidates: former Secretary of State Hillary Clinton’s use of a private email server and the Trump campaign’s alleged ties to Russia. During the same period, Page and Strzok had an affair and exchanged thousands of text messages expressing a strong bias against Trump and in favor of Clinton.

“When I questioned Lisa Page on Friday about the anti-Trump text messages that were sent between herself and Peter Strzok, there were significant differences in her testimony and Strzok’s as it relates to what she thought some of these text messages meant,” Ratcliffe said in a July 16 tweet, shortly before the second round of questioning.

“Page gave us new information that Strzok either wouldn’t or couldn’t, confirming some of the concerns we had about these investigations and the people involved in running them,” he wrote.

On July 17, Ratcliffe expanded on his further statements about Page’s testimony. Radcliffe told Fox News…

“There are differences in their testimony.”

“In many cases, she admits that the text messages mean exactly what they say, as opposed to agent Strzok, who thinks that we’ve all misinterpreted his own words on any text message that might be negative.”

Via The Epoch Times

In one of the texts, Strzok vowed to “stop” Trump from becoming president. In another, the two discussed having an “insurance policy” in the “unlikely” event that Trump would win the election.

Strzok, who gave a closed-door testimony on June 27 and a public one on July 12, said the first message meant he and the American people would stop Trump. The second, he said previously, meant he wanted to pursue the Russia investigation aggressively, in case Trump won.

GOP lawmakers were furious with Strzok’s attitude and unwillingness to answer questions. In a scathing monologue, Gohmert even linked Strzok’s credibility to the fact that he was unfaithful to his wife.

President Donald Trump repeatedly called Strzok’s testimony a “disgrace.”

The lawmakers said Page was comparatively more cooperative.

“There were times the FBI lawyers would be reaching to the button to mute her comment, and she would answer before they could mute her comment,” Gohmert told Fox News.

He said Page didn’t contradict Strzok “so much,” but “has given us insights into who was involved in what.”

“I think she’ll be a good witness,” he said.

Page ditched her first testimony appointment on July 11, prompting GOP lawmakers to threaten her with contempt of Congress. She then agreed to appear on July 13, which gave her the opportunity to review Strzok’s public testimony before giving hers.

The lawmakers are probing the FBI’s and Justice Department’s decisions before the election, suspecting they were influenced by political considerations.

Texts between Strzok and Page suggest that the FBI initiated an offensive counterintelligence operation against the Trump campaign as early as December 2015.

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Russia makes MASSIVE progress on its ‘super-weapons’

Avangard hypersonic glide vehicle moves into serial production, nuclear-engine powered cruise missile tests continue, and more as Russia continues to outdo all Western military tech

Seraphim Hanisch

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On July 19th and 20th, The Russian Defense Ministry announced several milestones of progress in its advanced weapons systems programs. These programs were revealed to the world in March of this year, when Russian President Vladimir Putin gave the State of the Russian Federation speech.

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While at first the Western onlookers did not believe the amazing announcements of hypersonic weapons and nuclear-powered cruise missiles with unlimited range, subsequent releases and concurrent observation by the American military experts has shown these developments to be as real as Mr. Putin claimed they are.

TASS, the Russian News Agency, released information on these weapons systems in separate reports:

Kinzhal

The Kinzhal hypersonic missile:

Squadrons of MiG-31 fighter jets armed with Kinzhal hypersonic missiles should enter combat duty in the Black Sea region and at other Russian fleets and flotillas, said Russian military expert Viktor Murakhovsky, the editor-in-chief of the Arsenal Otechestva magazine.

Besides, a squadron (between 12 and 16 aircraft) of MiG-31 fighter jets armed with Kinzhal hypersonic missiles entered combat duty in the Caspian Sea region in April.

“I think at least one squadron of those complexes should be deployed at any fleet, in other words – at all regions where we have fleets and flotillas. We need to deploy them in the regions of the Black Sea, the Baltic Sea, the Northern Fleet. The Pacific region also should not be forgotten,” Murakhovsky said.

He said that such systems can become a “good instrument” against not only vessels equipped with high-precision weapons, but also for countering carrier attack groups.

“We know how expensive a carrier attack group can be. By employing this asymmetric method, which is unbelievably cheap in comparison with building a carrier attack group, we can neutralize this threat almost completely,” the expert said.

Burevestnik nuclear-powered cruise missile trials:

The Burevestnik is an entirely new cruise missile, powered by a nuclear engine. This gives the missile unlimited range. In theory, such a missile could be launched at a target and spend days or weeks in hidden flight using advanced guidance systems, and then close on its target at the optimal time to assure destruction of that target with maximum surprise. The TASS piece goes on to say:

The Russian Defense Ministry announced that Russia was preparing to test upgraded test prototypes of the nuclear-powered Burevestnik cruise missile with an unlimited range.

According to the expert, it is highly likely that the prototype of the missile “has already made a flight.”

“Clearly, it was something like the pop-up trials of Sarmat – a launch without the nuclear-powered engine, in other words, with an ordinary missile booster, conducted in order to assess the possibility of a launch, aerodynamics and the operability of the entire system in general,” [Murakhovsky] said.

Further reporting from TASS had this to add about the Burevestnik program:

Russia is getting ready for flight tests of the Burevestnik nuclear powered cruise missile, an official at the Defense Ministry told reporters on Thursday.

“The missile’s component makeup is being improved based on clarified requirements, while ground tests continue and preparations are being made for experimental flight tests of the improved missile,” the official said.

According to the Defense Ministry, “work on an unlimited-range missile is going according to plan.”

“In the meantime, launching systems are also being designed, while technological processes to manufacture, assemble and test the missile are being improved. This range of work will make it possible to start designing a totally new sort of weapon – a strategic nuclear complex armed with a nuclear powered missile,” the ministry official noted.

[The head] of the 12th Central Research Institute at Russia’s Defense Ministry Sergey Pertsev, in turn, said that the tests of the new cruise missile equipped with a small nuclear power unit had confirmed the accuracy of the technical decisions that Russian researchers, engineers and designers had made. In addition, the tests enabled the researchers “to receive valuable experimental data necessary for specifying a number of requirements.”

“A low-flying and low-observable cruise missile carrying a nuclear warhead, with an almost unlimited range, an unpredictable trajectory and capability to bypass interception lines is invincible to all the existing and advanced air and missile defense systems,” the Russian Defense Ministry stressed.

A further use of the nuclear engine technology is also expected in the Poseidon underwater drone, Mr. Murakhovsky stated that separate systems for the craft have been successfully tested. He further noted that the next task is to design the entire layout, build a test model and begin testing the whole platform.

The Avangard Hypersonic Missile

While the Kinzhal is a Mach-10 capable hypersonic system that can be launched from a fighter, the Avangard is a Mach-20 capable system that has intercontinental reach. There is almost no footage of this system released to the public, but the concept videos show how the system works. TASS reports this status:

Russia’s Strategic Missile Force is preparing a position area for accepting the Avangard hypersonic missile system for service as part of the efforts to strengthen the country’s military security, the Defense Ministry announced on Thursday.

“The Russian defense industry has completed developing the Avangard missile system with the principally new armament – the gliding cruise warhead. Industrial enterprises have switched to its serial production,” the Defense Ministry said.

“A set of organizational and technical measures is underway in the position area of the Dombarovsky large unit of the Strategic Missile Force to accept the Avangard missile system for operation,” it added.

The development of new strategic weapon systems “is aimed at increasing Russia’s defense capability and preventing any aggression against our country and its allies,” the Defense Ministry stressed.

The infrastructural facilities of the large unit’s position area have already been prepared for the missile system’s operation, the ministry said.

“The position area has been prepared in geodesic and engineering terms to accommodate the missile system. Work is underway to build new and reconstruct old facilities to provide for the operation and the combat use of the system. Technical and utility supply lines are being modernized and electric power, communications and command and control cables are being laid. Work has been arranged to train personnel and prepare armament, military and special hardware,” Russia’s Defense Ministry said.

Deputy Commander of Russia’s Strategic Missile Force for Armament Sergei Poroskun has said that the Avangard hypersonic missile system features combat capabilities that “make it possible to reliably breach any anti-missile defenses.”

The Okhotnik attack drone

The Okhotnik (“Hunter”) attack drone is now being viewed as a prototype for Russia’s “sixth-generation” fighter plane. TASS describes this in more detail:

According to [a defense industry] official, although the sixth generation fighter jet project “has not yet taken full shape, its main features are already known.”

“First of all, it should be unmanned and capable of performing any combat task in an autonomous regime. In this sense, Okhotnik will become the prototype of the sixth generation fighter jet,’ the source said, adding that the drone will be able to “take off, fulfill its objectives and return to the airfield.”

“However, it will not receive the function of decision-making regarding the use of weapons – this will be decided by a human,” he said.

TASS was unable to officially confirm the information at the time of the publication.

Another defense industry source earlier told TASS that the prototype of Okhotnik (Hunter) was ready and would start test flights this year.

The Russian Defense Ministry and the Sukhoi Company signed a contract for developing the 20-ton Okhotnik (Hunter) heavy unmanned strike aircraft in 2011. The drone’s mock-up model was made in 2014. According to unconfirmed reports, composite materials and anti-radar coating were used to create the Okhotnik. The drone is equipped with a reaction-jet propulsion and is supposed to develop a speed of 1000 kilometers per hour.

Peresvet laser weapons systems

TASS reported that the Russian military forces are now training for the use of the Peresvet combat laser system:

Russian Aerospace Force has accepted for service the laser complexes Peresvet and the military are now taking drills that involve the novel combat technologies, the Russian Defense Ministry said on Thursday.

“The Peresvet laser complexes have been placed at sites of permanent deployment,” the report said. “Active efforts to make them fully operational are underway.”

“To ensure their proper functioning, the necessary infrastructures and specialized facilities for housing the complexes and duty crews have been built,” the ministry said.

The crews assigned to the Peresvets have taken upgrader courses at the Alexander Mozhaisky Military-Space Academy in St Petersburg.

The Russian military strategy of “asymmetric response.”

The overall defense strategy is termed an “asymmetric response”, and Mr. Murakhovsky explained the principle in this way:

“This is an asymmetric response, in which new classes of weapons are created, instead of new types within the framework of the existing systems. Other states are not expected to have anything of this kind [in the near future],” he said.

The expert described this response as “quite an efficient one, all the more so because it requires no additional investment – all the works are being carried out within the framework of the state procurement program.”

He added that unlike the Soviet Union, Russia avoids being dragged into a direct arms race and searches for cutting-edge solutions instead of simply increasing the number of weapons.

“The development of counter-weapons to those arms [may be possible] in distant future, but it does not mean that they can be created at all,” Murakhovsky added.

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From McCain to Brennan, Deep State soft coup against Trump picks up steam (Video)

The Duran – News in Review – Episode 59.

Alex Christoforou

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After Trump’s meeting with Putin in Helsinki, the Deep State smells blood, and is moving quickly to depose of US President Donald Trump.

Government officials and mainstream media puppets from left and right are condemning the US President over his press conference with Vladimir Putin.

Leading the charge are the usual Deep State, suspects, starting with John McCain and ending with the man many believe is behind the entire Trump-Russia collusion hoax, former Obama CIA boss John Brennan.

RT CrossTalk host Peter Lavelle and The Duran’s Alex Christoforou examine the soft coup aimed at removing US President Trump by the November 2018 midterms. Remember to Please Subscribe to The Duran’s YouTube Channel.

Via The Independent

Conservative John McCain, who is facing a rare and terminal brain cancer, unleashed a damning statement against Mr Trump’s conference with Mr Putin, describing it as “one of the most disgraceful performances by an American president in memory”.

“President Trump proved not only unable, but unwilling to stand up to Putin,” he said.

“It is tempting to describe the press conference as a pathetic rout — as an illustration of the perils of under-preparation and inexperience. But these were not the errant tweets of a novice politician. These were the deliberate choices of a president who seems determined to realise his delusions of a warm relationship with Putin’s regime without any regard for the true nature of his rule, his violent disregard for the sovereignty of his neighbours, his complicity in the slaughter of the Syrian people, his violation of international treaties, and his assault on democratic institutions throughout the world.”

The conservative senator’s comments arrived after the US president declined to name Russia as the adversary behind coordinated attacks on the 2016 presidential election.

While discussing whether he thought Russia was behind hacks against the 2016 election — as the US intelligence community has determined —the president said: “I don’t see any reason why it would be.”

“Dan Coats [the US Director of National Intelligence] said its Russia. President Putin says its not Russia,” said Mr Trump. “I don’t know why it would be…..I have confidence in both parties. President Putin was extremely strong and powerful in his denial today.”

That set off a wave of condemnations from Democrats and Republicans alike.

“President Trump’s press conference with Putin was an embarrassing spectacle,” Bernie Sanders wrote in a tweet. “Rather than make clear that interference in our elections is unacceptable, Trump instead accepted Putin’s denials and cast doubt on the conclusions of our intelligence community. This is not normal.”

Jeff Flake, one of the only frequent Republican critics of Mr Trump in Congress, said the conference was “shameful” in a statement he posted across social media.

“I never thought I would see the day when our American President would stand on the stage with the Russian President and place blame on the United States for Russian aggression,” he said. “This is shameful.”

Former CIA Director John Brennan released a statement calling for Mr Trump’s impeachment and describing his comments as “treasonous”.

“Donald Trump’s press conference performance in Helsinki rises to & exceeds the threshold of ‘high crimes and misdemeanours,'” Mr Brennan wrote on Twitter. “It was nothing short of treasonous. Not only were Trump’s comments imbecilic, he is wholly in the pocket of Putin. Republican Patriots: Where are you???”

Elizabeth Warren also slammed the president for failing to hold Mr Putin accountable, writing on Twitter: “Russia interfered in our elections & attacked our democracy. Putin must be held accountable – not rewarded.”

“Disgraceful,” she concluded.

However, Mr Trump’s typical roster of critics weren’t the only legislators rebuking his bizarre denials of US intelligence. Lindsey Graham also criticised Mr Trump’s performance, adding that his denial of US intelligence will “be seen by Russia as a sign of weakness and create far more problems than it solves”.

“Missed opportunity by President Trump to firmly hold Russia accountable for 2016 meddling and deliver a strong warning regarding future elections,” he said.

The Republican senator added a suggestion to Mr Trump: review the soccer ball Mr Putin gave to him as a gift for “listening devices” and “never allow it in the White House.”

Thomas Pickering, a regarded statesman and the former US ambassador to Russia, told MSNBC that he was in utter disbelief after the press conference was held on Monday.

“It’s a breathtaking denial of something that clearly is so obviously true,” he said. ”it represents the epitome of President Trump’s effort at self-promotion over the notion of defending the national interest of the United States.”

Mark Warner, a Virginia senator, also suggested Mr Trump committed a clear violation of his responsibilities as president.

Mr Trump committed “a breach of his duty to defend our country against its adversaries,” Mr Warner said. ”If the President cannot defend the United States and its interests in public, how can we trust him to stand up for our country in private?”

Meanwhile the latest Deep State leak, via the NYT, claims that US President Trump was told by Obama holdovers that Putin was involved in cyberattacks during the 2016 election. US intelligence told Trump this information days before the inauguration.

Via The Gateway Pundit

The same liberal hacks who illegally leaked this information want Americans to trust them as they continue to destroy this duly elected president.

President Trump on Wednesday told CBS anchor Jeff Glor that he has no confidence in the tainted intelligence by far left hacks Clapper, Brennan and Comey.

And, once again, the timing of this leak is not an accident.

Liberals are outraged that President Trump refused to chest bump Putin in Helsinki.

The deep state leaked this information to pile on the Republican president.

The New York Times reported…

Two weeks before his inauguration, Donald J. Trump was shown highly classified intelligence indicating that President Vladimir V. Putin of Russia had personally ordered complex cyberattacks to sway the 2016 American election.

The evidence included texts and emails from Russian military officers and information gleaned from a top-secret source close to Mr. Putin, who had described to the C.I.A. how the Kremlin decided to execute its campaign of hacking and disinformation.

Mr. Trump sounded grudgingly convinced, according to several people who attended the intelligence briefing. But ever since, Mr. Trump has tried to cloud the very clear findings that he received on Jan. 6, 2017, which his own intelligence leaders have unanimously endorsed.

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