Author Archives: Warren Stewart

Editorial: Merrick Garland Has More Than Enough to Investigate Trump | Timothy L. O’Brien/Bloomberg

A federal judge thinks that former President Donald Trump likely committed fraud — and probably knew it — when he and one of his lawyers, John Eastman, plotted to block Congress’s certification of the 2020 presidential election so Trump could hold on to power. So how much longer will it take Attorney General Merrick Garland to draw the same conclusion about that attempted coup? Perhaps Garland has already gone down that path. But there are no outward signs that he is investigating Trump with an eye toward a possible criminal prosecution. He has every reason to be circumspect, of course, but he has no reason to ignore the mounting evidence of Trump’s crimes. The latest reminder of what’s at stake came in Monday’s ruling from David Carter, a U.S. District Court judge in California. “Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history,” Judge Carter noted in his Monday ruling. “The plan spurred violent attacks on the seat of our nation’s government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.” While ordering Eastman to turn over relevant email correspondence with Trump to the bipartisan House committee investigating the Jan. 6 insurrection at the U.S. Capitol, Carter was also clear-eyed about the scope of his and the committee’s powers.

Full Article: Merrick Garland Has More Than Enough to Investigate Trump – Bloomberg

Virginia Thomas urged White House chief to pursue unrelenting efforts to overturn the 2020 election, texts show | Bob Woodward and Robert Costa/The Washington Post

Full Article: Virginia Thomas urged White House chief to pursue unrelenting efforts to overturn the 2020 election, texts show – The Washington Post

National: Biden administration to give federal employees time off to vote, work the polls | Niels Lesniewski/Roll Call

The Biden administration is directing federal agencies to let federal workers take leave to vote — and to serve as poll workers. Vice President Kamala Harris highlighted that new guidance from the Office of Personnel Management during a virtual event Thursday afternoon, delivering remarks from the Eisenhower Executive Office Building. “We believe the federal government should serve as a model employer — and, by the way, we’re the largest employer in the country, so we can do this and we should do this — and then therefore serve as a model employer when it comes to helping employees participate in their democracy,” Harris said. “And we’re going to therefore call on all employers to do the same.” The new policy for federal workers was one of several deliverables tied to the anniversary of President Joe Biden’s March 7, 2021, executive order on efforts to expand voting access. Thursday’s event also focused on two new reports stating what can be done to help support voting access for people with disabilities, as well as in tribal communities. “I’m proud to announce that the National Institute of Standards and Technology is releasing a report that lays out a comprehensive assessment of the barriers that disabled Americans face when they’re voting and offers specific recommendations for what we must do with a sense of urgency to break down those barriers — for example, including more disabled people in the design of election procedures because, of course, we should be having the leaders lead and — and not replacing what we think is, is important with what leaders can tell us is important,” Harris said.

Full Article: Biden administration to give federal employees time off to vote, work the polls – Roll Call

National: Contentious Fringe Legal Theory Could Reshape State Election Laws | Matt Vasilogambros/Stateline

The U.S. Supreme Court this month left open the possibility that it could endorse a fringe conservative legal theory that would give state legislatures unchecked powers over election rules before the 2024 presidential election. Republican officials cited the theory, which asserts that state courts do not have jurisdiction over election policy, in two key cases filed in North Carolina and Pennsylvania over congressional maps selected by their highest courts. Groups in those states—which included voters, Republican state senators and representatives, an election official and a congressional candidate—petitioned the U.S. Supreme Court to throw out the respective maps. They argued in federal court filings that the U.S. Constitution gives state legislatures the sole power to set rules for federal elections. The high court rejected emergency requests to block the maps, allowing the ones chosen by state courts to stay in place for the 2022 midterm elections. But in a dissent to the North Carolina decision, three conservative justices endorsed the theory known as the “independent state legislature doctrine,” while another signaled he wanted to formally consider the question. That means there appears to be enough votes to put the issue—and the possible legitimization of the doctrine—on the court’s 2023 calendar.

Full Article: Contentious Fringe Legal Theory Could Reshape State Election Laws | The Pew Charitable Trusts

National: Where Does American Democracy Go From Here? | Charles Homans/The New York Times

Early last year, Freedom House, an American organization that since World War II has warned against autocracy and repression on the march around the world, issued a special report on a country that had not usually warranted such attention: its own. Noting that the United States had slid down its ranking of countries by political rights and civil liberties — it is now 59th on Freedom House’s list, slightly below Argentina and Mongolia — the report warned that the country faced “an acute crisis for democracy.” In November, the International Institute for Democracy and Electoral Assistance, an influential Stockholm-based think tank, followed suit, adding the United States to its list of “backsliding democracies” for the first time. The impetus for these reassessments was Donald Trump’s attempts to overturn the 2020 election results and the Jan. 6 attack on the Capitol that followed. But as the reassessments themselves noted, those shocks to the system hardly came out of nowhere; like the Trump presidency itself, they were both products and accelerants of a process of American democratic erosion and disunion that had been underway for years and has continued since. In states across the country, Republican candidates are running for office on the platform that the 2020 election was stolen — a view held by about three-quarters of Republican voters. Since the beginning of 2021, Republicans in at least 25 state legislatures have tried, albeit mostly unsuccessfully, to pass legislation directly targeting the election system: bills that would place election oversight or certification in the hands of partisan legislatures, for instance, and in some cases even bills specifically punishing officials who blocked attempts to overturn the 2020 election outcome in Trump’s favor. And those are just the new developments, happening against a backdrop of a decade-long erosion of voting rights and a steady resurgence of political extremism and violence, and of course a world newly at war over the principles of self-​determination and democracy.

Full Article: Where Does American Democracy Go From Here? – The New York Times

National: Trump Just Endorsed an Oath Keeper’s Plan to Seize Control of the Republican Party | Isaac Arnsdorf/ProPublica

Former President Donald Trump has officially endorsed a plan, created by a man who has self-identified with the Oath Keeper militia, that aims to have Trump supporters consolidate control of the Republican Party. The plan, known as the “precinct strategy,” has been repeatedly promoted on Steve Bannon’s popular podcast. As ProPublica detailed last year, it has already inspired thousands of people to fill positions at the lowest rung of the party ladder. Though these positions are low-profile and often vacant, they hold critical powers: They help elect higher-ranking party officers, influence which candidates appear on the ballot, turn out voters on Election Day and even staff the polling precincts where people vote and the election boards that certify the results. “Just heard about an incredible effort underway that will strengthen the Republican Party,” Trump said Sunday in a statement emailed to his supporters. “If members of our Great movement start getting involved (that means YOU becoming a precinct committeeman for your voting precinct), we can take back our great Country from the ground up.”

Full Article: Trump Just Endorsed an Oath Keeper’s Plan to Seize Control of the Republican Party — ProPublica

National: Securing the Midterms: Smarter Tools Watch Over Voter Records | Jule Pattison-Gordon/Government Technology

Can automated alerts and machine learning help midterm elections go smoothly and securely? That’s the hope of a Harvard University technology lab and Protect Democracy, a nonprofit focused on preserving democracy in the U.S. Each group offers its own free tool designed to monitor for any unwarranted changes to voter registration records and deliver timely alerts. Harvard Public Interest Tech Lab’s VoteFlare is designed to alert voters, while Protect Democracy’s VoteShield is for election officials’ use. If all goes well, the tools will help constituents and public officials closely monitor for any signs of honest errors or deliberate attacks, allowing them to sort out voting registration discrepancies quickly before they impede ballot casting. Constituents whose information does not match that on their voting records could run into difficulties. Having the wrong party affiliation down prevents voting in the closed primaries, for example. Meanwhile, a mismatch in addresses could block individuals from voting entirely, restrict them to casting a provisional ballot — which is not always counted — or require them to somehow figure out the address on record so they can vote in that precinct, warned Latanya Sweeney, Ji Su Yoo and Jinyan Zang in a 2017 report. Two of those report authors — Sweeney and Zang — helped create VoteFlare. Sweeney, a Harvard professor of the Practice of Government and Technology, led the team.

Full Article: Securing the Midterms: Smarter Tools Watch Over Voter Records

National: White House releases report on Native American voting rights | Felicia Fonseca/Associated Press

Local, state and federal officials must do more to ensure Native Americans facing persistent, longstanding and deep-rooted barriers to voting have equal access to ballots, a White House report released Thursday said. Native Americans and Alaska Natives vote at lower rates than the national average but have been a key constituency in tight races and states with large Native populations. A surge in voter turnout among tribal members in Arizona, for example, helped lead Joe Biden to victory in the state that hadn’t supported a Democrat in a White House contest since 1996. The Biden administration’s report comes a year after he issued an executive order promoting voting rights and establishing a steering committee to look at particular barriers to voting in Indigenous communities. Those include state laws and local practices that disenfranchise Indigenous voters, unequal access to early voting and reliance on a mail system that is unreliable, the report stated. “For far too long, members of tribal nations and Native communities have faced unnecessary burdens when they attempt to exercise their sacred right to vote,” the White House said. The administration called on Congress to pass voting rights legislation, including the John R. Lewis Voting Rights Advancement Act and another focused on Native Americans. But those bills are going nowhere. Republicans wouldn’t support them, and Democratic Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona have been unwilling to override the filibuster to allow the legislation to pass.

Full Article: White House releases report on Native American voting rights | AP News