Monthly Archives: January 2021

National: Cleta Mitchell, a key figure in president’s phone call, was an early backer of Trump’s voter fraud claims | Michael Kranish and Tom Hamburger/The Washington Post

On Nov. 7, the day that major media organizations projected Joe Biden had won the presidency, Republican attorney Cleta Mitchell appeared on Fox News with her own projection: The election was far from over. “We’re already double checking and finding dead people having voted, we’re going to be finding people have voted across state lines, voted in two states, illegal voting, noncitizens and that sort of thing. So we are building that case,” Mitchell said, referring to the work of the Trump campaign’s legal team and foreshadowing many of its claims of fraud. In the following days, Mitchell took particular aim at Biden’s win in Georgia, tweeting that the state’s recount was a “total sham” and “A FAKE!!!” She wrote that the effort was “cover for the SOS,” referring to Secretary of State Brad Raffensperger. Responding to criticism of her appearance, she tweeted, “Happy to be considered a nut job because I believe in the rule of law.” Mitchell largely stayed out of the spotlight in the following weeks as legions of lawyers for the Trump campaign failed in high-profile court cases across the country to get the election overturned. Behind the scenes, however, her role had escalated to the point that when President Trump on Saturday made a last-ditch phone call to get Raffensperger to “find” thousands of votes for him, it was the Washington-based Mitchell who emerged as a key player. It wasn’t the first time Mitchell alleged election fraud. In a case that foreshadowed her work for Trump, Mitchell worked for the campaign of Sharron Angle, who ran against Sen. Harry M. Reid of Nevada in 2010. Mitchell wrote a letter soliciting campaign contributions, alleging that “Reid intends to steal this election if he can’t win it outright….Understand, EVERYTHING we have worked for in the last year could be destroyed by dirty tricks and criminal acts.”

Full Article: Cleta Mitchell, a key figure in president?s phone call, was an early backer of Trump?s voter fraud claims – The Washington Post

‘I just want to find 11,780 votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor | Amy Gardner/The Washington Post

President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in an extraordinary one-hour phone call Saturday that legal scholars described as a flagrant abuse of power and a potential criminal act. The Washington Post obtained a recording of the conversation in which Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, at one point warning that Raffensperger was taking “a big risk.” Throughout the call, Raffensperger and his office’s general counsel rejected Trump’s assertions, explaining that the president is relying on debunked conspiracy theories and that President-elect Joe Biden’s 11,779-vote victory in Georgia was fair and accurate. Trump dismissed their arguments. “The people of Georgia are angry, the people of the country are angry,” he said. “And there’s nothing wrong with saying, you know, that you’ve recalculated.” Raffensperger responded: “Well, Mr. President, the challenge that you have is, the data you have is wrong.” At another point, Trump said: “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”

Read the full transcript of the Trump-Raffensperger call

Full Article: Trump pressures Georgia’s Raffensperger to overturn his defeat in extraordinary call – The Washington Post

National: As Understanding of Russian Hacking Grows, So Does Alarm | David E. Sanger, Nicole Perlroth and Julian E. Barnes/The New York Times

On Election Day, General Paul M. Nakasone, the nation’s top cyberwarrior, reported that the battle against Russian interference in the presidential campaign had posted major successes and exposed the other side’s online weapons, tools and tradecraft. “We’ve broadened our operations and feel very good where we’re at right now,” he told journalists. Eight weeks later, General Nakasone and other American officials responsible for cybersecurity are now consumed by what they missed for at least nine months: a hacking, now believed to have affected upward of 250 federal agencies and businesses, that Russia aimed not at the election system but at the rest of the United States government and many large American corporations. Three weeks after the intrusion came to light, American officials are still trying to understand whether what the Russians pulled off was simply an espionage operation inside the systems of the American bureaucracy or something more sinister, inserting “backdoor” access into government agencies, major corporations, the electric grid and laboratories developing and transporting new generations of nuclear weapons. At a minimum it has set off alarms about the vulnerability of government and private sector networks in the United States to attack and raised questions about how and why the nation’s cyberdefenses failed so spectacularly. Those questions have taken on particular urgency given that the breach was not detected by any of the government agencies that share responsibility for cyberdefense — the military’s Cyber Command and the National Security Agency, both of which are run by General Nakasone, and the Department of Homeland Security — but by a private cybersecurity company, FireEye.

Full Article: As Understanding of Russian Hacking Grows, So Does Alarm – The New York Times

National: ‘Traitors and patriots’: Republican push to keep Trump in power seems doomed | Martin Pengelly/The Guardian

All 12 Republican senators who have pledged not to ratify the electoral college results on Wednesday, and thereby refuse to confirm Joe Biden’s resounding victory over Donald Trump in the presidential election, declined to defend their move on television, a CNN host said on Sunday. “It all recalls what Ulysses S Grant once wrote in 1861,” Jake Tapper said on State of the Union, before quoting a letter the union general wrote at the outset of a civil war he won before becoming president himself: ‘There are [but] two parties now: traitors and patriots.’ “How would you describe the parties today?” Tapper asked. The attempt to overturn Trump’s defeat seems doomed, a piece of political theatre mounted by party grandees eager to court supporters loyal to the president before, in some cases, mounting their own runs for the White House. Nonetheless on Saturday Ted Cruz of Texas and Ron Johnson of Wisconsin led 11 senators and senators-elect in calling for “an emergency 10-day audit” of results in states where the president claims electoral fraud, despite failing to provide evidence and repeatedly losing in court. The senators followed Josh Hawley of Missouri – like Cruz thought likely to run for president in 2024 – in pledging to object to the electoral college result. A majority of House Republicans are also expected to object, after staging a Saturday call with Trump to plan their own moves.

Full Article: ‘Traitors and patriots’: Republican push to keep Trump in power seems doomed | Donald Trump | The Guardian

National: Trump Call to Georgia Official Might Violate State and Federal Law | Eric Lipton/The New York Times

The call by President Trump on Saturday to Georgia’s secretary of state raised the prospect that Mr. Trump may have violated laws that prohibit interference in federal or state elections, but lawyers said on Sunday that it would be difficult to pursue such a charge. The recording of the conversation between Mr. Trump and Secretary of State Brad Raffensperger of Georgia, first reported by The Washington Post, led a number of election and criminal defense lawyers to conclude that by pressuring Mr. Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Mr. Trump either broke the law or came close to it. “It seems to me like what he did clearly violates Georgia statutes,” said Leigh Ann Webster, an Atlanta criminal defense lawyer, citing a state law that makes it illegal for anyone who “solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage” in election fraud. At the federal level, anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process” is breaking the law. Matthew T. Sanderson, a Republican election lawyer who has worked on several presidential campaigns — including those of Senator Rand Paul of Kentucky and Rick Perry, the former Texas governor — said that while it did appear that Mr. Trump was trying to intimidate Mr. Raffensperger, it was not clear that he violated the law.

Full Article: Trump Call to Georgia Official Might Violate State and Federal Law – The New York Times

National: Will 2020’s vote lead to more federal oversight in US elections? | Joseph Stepansky/Al Jazeera

The dust is settling in a United States presidential election conducted in the face of an unprecedented health crisis and a misinformation campaign like none other in history.The 2020 contest has again shone a spotlight on one of the most decentralised election systems in the world and prompted renewed calls for increased election uniformity across the country. In the US, national elections – those for president and Congress – are administered by local and county officials, typically following policies and procedures set by the state. As noted by the National Conference of State Legislatures (NCSL), these systems developed “organically” within the particular context of each state “and there is quite a bit of variation in election administration even within states”. In some ways, the 2020 elections made clear the importance of having authority spread out across the country amid President Donald Trump’s widespread campaign to the results.

Full Article: Will 2020’s vote lead to more federal oversight in US elections? | US Elections 2020 News | Al Jazeera

National: Defamation Law Can Slow the Plague of Fake News – Challenging falsehoods about voting machines is a good place to start | Cass R. Sunstein/Bloomberg

Misinformation and fake news are now threatening public health and endangering democracy itself. What might help contain the problem? Part of the answer lies in a very old remedy: the law of defamation. To see how this might work, consider the situation of Smartmatic and Dominion Voting Systems, two companies that provide software and other services for electronic voting machines. President Donald Trump’s lawyer, Rudy Giuliani, has publicly attacked both companies, suggesting that outcomes in “Michigan, Arizona and Georgia and other states” were affected by “SMARTMATIC, who was really doing the computing. Look up SMARTMATIC and tweet me what you think?” Commentators for Fox News, Newsmax and One America News have implied or suggested that the companies’ technologies have changed votes. Yet Smartmatic says it has done hardly any business in the U.S. since 2007, and in the 2020 election, it did none at all in Michigan, Arizona and Georgia. In response to the false attacks on his company, Antonio Mugica, Smartmatic’s CEO, has retained a noted defamation lawyer, J. Erik Connolly, who has demanded retractions from Fox, Newsmax and One America News, and threatened the possibility of a lawsuit. Connolly knows just what he is doing: “We’ve gotten to this point where there’s so much falsity that is being spread on certain platforms, and you may need an occasion where you send a message, and that’s what punitive damages can do in a case like this.”

Full Article: Fake News About Voting Machines Can Be Challenged – Bloomberg

National: ‘Exercise in futility’: Republicans lambaste Hawley’s push to challenge election | Burgess Everett/Politico

Multiple Senate Republicans unloaded on an effort led by Sen. Josh Hawley to challenge Joe Biden’s election victory as the party hurtles toward its most consequential confrontation with Donald Trump of his entire presidency. Hawley (R-Mo.) denied that he was trying to overturn the election by challenging the certification of at least one state and forcing the Senate into an up-or-down vote on Biden’s wins. He said he was merely trying to voice his frustration with the election results, arguing this is his one chance “to stand and be heard.” But some of his colleagues are thoroughly unimpressed. “I think it’s awful. I am going to support my oath to the Constitution. That’s the loyalty test here,” said Sen. Lisa Murkowski (R-Alaska). Sen. Mitt Romney (R-Utah) called Hawley’s move “disappointing and destructive. And borrowing from Ben Sasse it’s ambition pointing a gun at the head of democracy.” Sasse (R-Neb.) said this week that “adults don’t point a loaded gun at the heart of legitimate self-government.” “I’m going to vote to certify the election,” said Sen. Roger Wicker (R-Miss.) of Hawley’s effort. “I don’t think it’s a good idea and I don’t understand his reasoning.” Already it’s become clear the effort will fail given the public opposition from those senators and others like Sens. Shelly Moore Capito (R-W.Va.), Susan Collins (R-Maine) and Richard Burr (R-N.C.), who flatly said “no” Friday when asked if he would join Hawley. A simple majority is enough to certify Biden’s win, and there are 48 Senate Democrats. But the vote on Jan. 6 to certify Biden’s win is viewed within the GOP as a painful litmus test. Republicans either risk blowback or a primary challenge by approving Biden’s win amid Trump’s baseless claims of widespread fraud, or they can align themselves with Trump’s attempt to subvert the election results.

Full Article: ‘Exercise in futility’: Republicans lambaste Hawley’s push to challenge election – POLITICO

National: Ex-GOP Speaker Ryan denounces effort to challenge Electoral College results | Zach Budryk/The Hill

Former Speaker Paul Ryan (R-Wis.) on Sunday blasted Congressional Republicans’ efforts to overturn the results of the 2020 election. “Efforts to reject the votes of the Electoral College and sow doubt about Joe Biden’s victory strike at the foundation of our republic. It is difficult to conceive of a more anti-democratic and anti-conservative act than a federal intervention to overturn the results of state-certified elections and disenfranchise millions of Americans,” Ryan said in a statement. “The Trump campaign had ample opportunity to challenge election results, and those efforts failed from lack of evidence,” the statement continues. “The legal process was exhausted, and the results were decisively confirmed. The Department of Justice, too, found no basis for overturning the result. If states wish to reform their processes for future elections, that is their prerogative. But Joe Biden’s victory is entirely legitimate.” The Trump campaign and its allies’ have attempted numerous legal challenges to the election results, all of which have been unsuccessful in undoing President-elect Joe Biden’s victory, including two lawsuits rejected by the Supreme Court. Ryan, who was Speaker for the first two years of Trump’s term, has largely avoided weighing in on current events since leaving office, but did previously call on the president to accept the results of the election in late November, during a period when the General Services Administration was refusing to sign off on the transition.

Full Article: Ex-GOP Speaker Ryan denounces effort to challenge Electoral College results | TheHill

National: Election Day Voting in 2020 Took Longer in America’s Poorest Neighborhoods | Kevin Quealy and Alicia Parlapiano/The New York Times

Most election experts agree that in-person voting went smoothly on Election Day in 2020, thanks to a record number of early and absentee votes, and local changes to lessen the risk of voting in a pandemic. But one longstanding disparity appears to have persisted: Casting a vote typically took longer in poorer, less white neighborhoods than it did in whiter and more affluent ones. At the request of The New York Times, Cuebiq, a company that analyzes location data for advertisers and marketers, identified more than 250,000 likely voters across the country, based on anonymous smartphone location data and public databases of polling locations from Google and the Center for Public Integrity, a journalism nonprofit. This analysis found that voters in the very poorest neighborhoods in the country typically took longer to vote, and they were also modestly more likely to experience voting times of an hour or more. Analysts at Cuebiq identified likely voters as people who visited a polling location on Election Day, filtering out passers-by and people who either lived nearby or routinely visited that polling location on other days of the year. This technique is based on one developed by researchers in a study of the 2016 vote, which found similar differences. The data used by Cuebiq is imperfect, but it shows trends similar to those other researchers have found, both in 2020 and in previous elections.

Full Article: Election Day Voting in 2020 Took Longer in America’s Poorest Neighborhoods – The New York Times