Author Archives: Warren Stewart

National: Trump Pressed Justice Department to Go Directly to Supreme Court to Overturn Election Results | Jess Bravin and Sadie Gurman/Wall Street Journal

In his last weeks in office, former President Donald Trump considered moving to replace the acting attorney general with another official ready to pursue unsubstantiated claims of election fraud, and he pushed the Justice Department to ask the Supreme Court to invalidate President Biden’s victory, people familiar with the matter said. Those efforts failed due to pushback from his own appointees in the Justice Department, who refused to file what they viewed as a legally baseless lawsuit in the Supreme Court. Later, other senior department officials threatened to resign en masse should Mr. Trump fire then-acting Attorney General Jeffrey Rosen, according to several people familiar with the discussions. Senior department officials, including Mr. Rosen, former Attorney General William Barr and former acting Solicitor General Jeffrey Wall refused to file the Supreme Court case, concluding that there was no basis to challenge the election outcome and that the federal government had no legal interest in whether Mr. Trump or Mr. Biden won the presidency, some of these people said. White House counsel Pat Cipollone and his deputy, Patrick Philbin, also opposed Mr. Trump’s idea, which was promoted by his outside attorneys, these people said. “He wanted us, the United States, to sue one or more of the states directly in the Supreme Court,” a former administration official said. “The pressure got really intense” after a lawsuit Texas filed in the Supreme Court against four states Mr. Biden won was dismissed on Dec. 11, the official said. An outside lawyer working for Mr. Trump drafted a brief the then-president wanted the Justice Department to file, people familiar with the matter said, but officials refused.

Full Article: Trump Pressed Justice Department to Go Directly to Supreme Court to Overturn Election Results – WSJ

National: Dominion voting machine firm sues Giuliani for more than $1.3 billion | Emma Brown/The Washington Post

Dominion Voting Systems filed a defamation lawsuit Monday seeking more than $1.3 billion from Rudolph W. Giuliani, the lawyer for former president Donald Trump who played a key role in promoting the falsehood that the 2020 election was rigged. The 107-page complaint, filed in federal court in D.C., cites dozens of statements Giuliani made about Dominion — on Twitter, in appearances on conservative media shows and on his own podcast — to promote the “false preconceived narrative” that the election was stolen from Trump. That “Big Lie” not only damaged Dominion’s reputation and business and led to death threats against its employees, but also laid the groundwork for hundreds of people to storm the U.S. Capitol on Jan. 6, the complaint says. Five people died as a result of the attack, and dozens of law enforcement officials were injured. In a speech just before the Capitol was stormed, Giuliani spoke of “crooked Dominion machines” that were used to steal the election and suggested that Trump supporters conduct “trial by combat.” Federal officials have charged more than 135 people in connection with the riot, and more are expected to be charged as the investigation continues. “Having been deceived by Giuliani and his allies into thinking that they were not criminals — but patriots ‘Defend[ing] the Republic’ from Dominion and its co-conspirators — they then bragged about their involvement in the crime on social media,” the complaint says.

Full Article: Dominion voting machine firm sues Giuliani for more than $1.3 billion – The Washington Post

National: What we know about Trump’s efforts to subvert the 2020 election | Philip Bump/The Washington Post

Let’s assume for the moment that former president Donald Trump’s efforts to undercut the results of the 2020 election began only when the sun rose the day after last year’s election. That’s not the case, clearly; Trump had been alleging for months that the results would be marred by fraud, part of an effort to inoculate his base against a seemingly likely loss. Even identifying the starting point as sunrise is a hedge, given that Trump began claiming in the middle of the night after polls closed that he’d won, based on the incomplete tally of cast ballots. But those assertions were different from what followed the election itself. Over the two months between President Biden’s victory being announced and the storming of the U.S. Capitol by Trump supporters who believed the lie that the election had been stolen, Trump repeatedly tried to somehow wrench a victory out of his rejection by voters. It was an effort that involved unprecedented attempts to persuade those he saw as allies to undo the results of a democratic election. Here is what we know of the breadth of those efforts as of writing.

Repeated claims and lawsuits focused on alleged fraud. The central effort undertaken by Trump was to continue his claims that the election was tainted by fraud. This is why he’d worked to establish all of that groundwork, of course: to be able to claim after the fact that votes cast by mail were necessarily suspect. This was his play all along, to suggest that only votes cast on Election Day — votes that skewed heavily for him — could be trusted. It convinced a lot of his supporters, but there’s no credible evidence that any significant electoral fraud was committed last year. Trump was never beholden to that “credible” qualifier, though, amplifying a truly dazzling number of already or soon-to-be debunked claims as though the sheer volume of allegations would itself serve as a substitute for evidence. That was explicitly how his team treated a series of affidavits collected from volunteers and supporters — documents presented as suggesting rampant fraud simply by virtue of their existence. No substantial fraud was ever uncovered from those documents or anything else.

Full Article: What we know about Trump’s efforts to subvert the 2020 election – The Washington Post

National: The Justice Deparment’s inspector general opens an investigation into any efforts to overturn the election. | Katie Benner/The New York Times

A Justice Department watchdog has opened an investigation into whether any current or former officials tried improperly to wield the powers of the department to undo the results of the presidential election, his office announced on Monday. The announcement by the office of the inspector general, Michael E. Horowitz, followed a New York Times article that detailed efforts by Jeffrey Clark, the acting head of the Justice Department’s civil division, to push top leaders to falsely and publicly assert that ongoing election fraud investigations cast doubt on the Electoral College results. That standoff prompted President Donald J. Trump to consider replacing the acting attorney general at the time, Jeffrey A. Rosen, and install Mr. Clark at the top of the department to carry out that plan. “The inspector general is initiating an investigation into whether any former or current D.O.J. official engaged in an improper attempt to have D.O.J. seek to alter the outcome of the 2020 presidential election,” Mr. Horowitz said in a statement. The investigation will encompass all allegations concerning the conduct of former and current department employees, though it would be limited to the Justice Department because other agencies do not fall within Mr. Horowitz’s purview. He said he was announcing the inquiry to reassure the public that the matter is being scrutinized. On Saturday, Senator Chuck Schumer of New York, the Democratic leader, urged Mr. Horowitz to open an investigation, saying that it was “unconscionable that a Trump Justice Department leader would conspire to subvert the people’s will.”

Full Article: The Justice Dept.’s inspector general opens an investigation into any efforts to overturn the election. – The New York Times

National: Trump and Justice Department Lawyer Said to Have Plotted to Oust Acting Attorney General | Katie Benner/The New York Times

The Justice Department’s top leaders listened in stunned silence this month: One of their peers, they were told, had devised a plan with President Donald J. Trump to oust Jeffrey A. Rosen as acting attorney general and wield the department’s power to force Georgia state lawmakers to overturn its presidential election results. The unassuming lawyer who worked on the plan, Jeffrey Clark, had been devising ways to cast doubt on the election results and to bolster Mr. Trump’s continuing legal battles and the pressure on Georgia politicians. Because Mr. Rosen had refused the president’s entreaties to carry out those plans, Mr. Trump was about to decide whether to fire Mr. Rosen and replace him with Mr. Clark. The department officials, convened on a conference call, then asked each other: What will you do if Mr. Rosen is dismissed? The answer was unanimous. They would resign. Their informal pact ultimately helped persuade Mr. Trump to keep Mr. Rosen in place, calculating that a furor over mass resignations at the top of the Justice Department would eclipse any attention on his baseless accusations of voter fraud. Mr. Trump’s decision came only after Mr. Rosen and Mr. Clark made their competing cases to him in a bizarre White House meeting that two officials compared with an episode of Mr. Trump’s reality show “The Apprentice,” albeit one that could prompt a constitutional crisis. The previously unknown chapter was the culmination of the president’s long-running effort to batter the Justice Department into advancing his personal agenda. He also pressed Mr. Rosen to appoint special counsels, including one who would look into Dominion Voting Systems, a maker of election equipment that Mr. Trump’s allies had falsely said was working with Venezuela to flip votes from Mr. Trump to Joseph R. Biden Jr.

Full Article: Trump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting AG – The New York Times

National: After big hack of U.S. government, Biden enlists ‘world class’ cybersecurity team | Christopher Bing and Joseph Menn/Reuters

President Joe Biden is hiring a group of national security veterans with deep cyber expertise, drawing praise from former defense officials and investigators as the U.S. government works to recover from one of the biggest hacks of its agencies attributed to Russian spies. “It is great to see the priority that the new administration is giving to cyber,” said Suzanne Spaulding, director of the Defending Democratic Institutions project at the Center for Strategic and International Studies. Cybersecurity was demoted as a policy field under the Trump administration. It discontinued the Cybersecurity Coordinator position at the White House, shrunk the State Department’s cyber diplomacy wing, and fired federal cybersecurity leader Chris Krebs in the aftermath of Donald Trump’s Nov. 3 election defeat. Disclosed in December, the hack struck eight federal agencies and numerous companies, including software provider SolarWinds Corp. U.S. intelligence agencies publicly attributed it to Russian state actors. Moscow has denied involvement in the hack. Under a recent law, Biden must open a cyber-focused office reporting to a new National Cyber Director, who will coordinate the federal government’s vast cyber capabilities, said Mark Montgomery, a former congressional staffer who helped design the role.

Full Article: After big hack of U.S. government, Biden enlists ‘world class’ cybersecurity team | Reuters

National: Republicans plan voting overhauls after Biden’s win | Reid Wilson/The Hill

Republican state legislators are advancing a rush of new bills aimed at limiting voting access, and especially access to voting by mail, in the wake of President Biden’s victory last year in the highest-turnout election in American history. The proposals come after months of pressure from former President Trump, who with the help of Republican allies spread false claims and conspiracy theories related to the election, including that widespread voter fraud cost him a victory. In many states, Republicans have used those claims to cite unspecified concerns about the integrity of their own elections, despite elections officials who show proof that counts were fair and accurate. Democrats and voting rights advocates counter that the proposals are thinly veiled attempts to restrict access to the polls.  “In the last 10 years, we have seen some politicians try to enact changes to the rules of the game so that some people can participate and some people can’t,” said Myrna Pérez, director of the Brennan Center for Justice’s Voting Rights and Elections Program. “Rather than competing for voters, there are some politicians that instead would prefer to lock people out of the process.” In some states, the new bills would roll back emergency voting provisions put in place during the pandemic. In others, the proposals go so far as to repeal long-standing practices implemented more than a decade ago with bipartisan support.

Full Article: Republicans plan voting overhauls after Biden’s win | TheHill

National: State Republicans push new voting restrictions after Trump’s loss | Zach Montellaro/Politico

Republican legislators across the country are preparing a slew of new voting restrictions in the wake of former President Donald Trump’s defeat. Georgia will be the focal point of the GOP push to change state election laws, after Democrats narrowly took both Senate seats there and President Joe Biden carried the state by an even smaller margin. But state Republicans in deep-red states and battlegrounds alike are citing Trump’s meritless claims of voter fraud in 2020 — and the declining trust in election integrity Trump helped drive — as an excuse to tighten access to the polls. Some Republican officials have been blunt about their motivations: They don’t believe they can win unless the rules change. “They don’t have to change all of them, but they’ve got to change the major parts of them so that we at least have a shot at winning,” Alice O’Lenick, a Republican on the Gwinnett County, Ga., board of elections in suburban Atlanta, told the Gwinnett Daily Post last week. She has since resisted calls to resign. The chair of the Texas Republican Party has called on the legislature there to make “election integrity” the top legislative priority in 2021, calling, among other things, for a reduction in the number of days of early voting. Jason Miller, a top Trump adviser, told the conservative site Just The News that Trump plans to remain involved in “voting integrity” efforts, keeping the issue at the top of Republicans’ minds. And VoteRiders, a nonprofit group that helps prospective voters get an ID if they need one to cast a ballot, said it is expecting a serious push for new voter ID laws in at least five states, while North Carolina could potentially implement new voter ID policies that have been held up in court.

Full Article: State Republicans push new voting restrictions after Trump’s loss – POLITICO

Enduring Lessons From Securing the Election | Dennis Fisher/Decipher

In the months leading up to the 2020 presidential election, Chris Krebs had a problem. Actually, he had a few, but the biggest one was getting election officials on the state and local level to take the security threat to the integrity of the election seriously. As director of the Cybersecurity and Infrastructure Security Agency (CISA) at the time, Krebs was heading up the effort to assess the security and resilience of the nation’s election infrastructure and look for the kind of soft spots that malicious actors–foreign or domestic–might target. The concern wasn’t so much that actors would go after the electronic voting machines, but rather the computers used to tabulate the votes and the networks on which they sit. Attackers from China, Russia, and other countries whose interests don’t necessarily align with the United States have demonstrated the willingness and ability to penetrate government and private sector networks and remain inside for long periods of time. CISA officials and their colleagues at the FBI and other agencies warned state and local officials about the seriousness of the threat, but the message wasn’t getting through for some reason. Perhaps the spectre of state-sponsored hackers from halfway around the world was too abstract, or maybe there were too many other things to worry about, but the reality of the threats wasn’t landing. So Krebs changed tactics. “You can talk about Russia and China and Iran all day long and when security teams aren’t seeing these actors walking into their environments waving flags, because they’re patient it’s hard to make the sell,” Krebs said during a keynote at the SANS Institute Cyber Threat Intelligence Summit Thursday. “What we were seeing do the most damage was ransomware actors conducting functionally catastrophic attacks. We made a hard pivot from talking about China and Russia to talking about ransomware, and we saw a shift as the light went on that it wasn’t just about state actors, it was about disruptive non-state actors. And to me that was one of the biggest advances we made.”

Full Article: Enduring Lessons From Securing the Election | Decipher

National: Senate Democrats seek momentum for voting, political money overhaul | Kate Ackley/Roll Call

Senate Democrats, on the cusp of holding the slimmest possible majority in the chamber, signaled Tuesday a symbolic first order of business: a major overhaul of the nation’s voting, campaign finance and ethics laws. The measure, dubbed HR 1 in the House and now christened in the Senate as S 1 to signify that it is a top priority, died in the GOP-controlled Senate last Congress. It could see the same fate again in the 117th Congress unless Democrats remove the 60-vote threshold to end filibusters on legislation, a change the party’s base eagerly wants but remains in doubt. Advocates pushing for the overhaul said they were mobilizing anew to build public support in both chambers. House Democrats expect to take up the measure as soon as this month or next, congressional aides said, as it closely tracks the same bill in the last Congress. Congressional Democrats, as well as representatives of outside groups pushing for passage of the package, said the overhaul would help shore up voters’ confidence in a democracy damaged by a violent attempted insurrection at the Capitol on Jan. 6 and after four years of corruption scandals and flouting of ethics norms during Donald Trump’s presidency. “I think that every American has received a message that the integrity of our elections is incredibly important, and so in terms of accountability for the events of this past year, there’s probably nothing more important than passing the For the People Act,” said Oregon Democratic Sen. Jeff Merkley. But he would not predict what the party will do about the filibuster. “It’s too soon to say how we’ll pursue this,” he said. The bill would create nationwide automatic voter registration and require paper ballots in all jurisdictions. It would set up a 6-to-1 optional public financing system to pay for congressional campaigns and tighten disclosure rules for political groups and super PACs that spend money to influence elections.

Full Article: Democrats seek momentum for voting, political money overhaul – Roll Call

National: U.S. intelligence head who warned of foreign election threats steps down Matthew Choi/Politico

U.S. counterintelligence chief William Evanina stepped down from his position Wednesday, ending a decades-long career in the intelligence community combating leaks and raising the alarm about foreign election interference. “I am honored and humbled to have been surrounded by amazing, dedicated, and vigilent professionals serving around the nation, and the globe, protecting our great nation. I want to especially thank the women and men of NCSC, and the Intelligence Community, for being the best in the world,” he said in a LinkedIn post announcing his retirement Thursday. Evanina left his position after six years as director of the National Counterintelligence and Security Center and more than two decades at the FBI. Toward the end of his career, in the final year of President Donald Trump’s term, Evanina was charged with overseeing briefings on foreign threats to election security. It was a politically precarious spot, with Trump and his Republican allies often brushing off Russian election interference and steering attention toward China and Iran. Congressional Democrats in turn expressed discontent with Evanina, portraying him as blanching the Russian election threat in a summary on the issue they said was so vague it was “almost meaningless”. But Evanina’s decades-long career helped him dodge the partisan frays of the Trump era, and he had been celebrated by colleagues and members of both parties as effective and aggressive. A former senior FBI official who worked closely with Evanina called him the “Dr. Fauci of the counterintelligence community” in a comment to POLITICO last summer.

Full Article: U.S. intelligence head who warned of foreign election threats steps down – POLITICO

National: Senate Democrats file ethics complaint against Hawley, Cruz over election challenge | Marianne Levine/Politico

A group of Senate Democrats filed an ethics complaint Thursday against GOP Sens. Josh Hawley and Ted Cruz, over their Jan. 6 efforts to object to the 2020 presidential election results. “By proceeding with their objections to the electors after the violent attack, Senators Cruz and Hawley lent legitimacy to the mob’s cause and made future violence more likely,” the senators wrote in a letter to incoming Senate Ethics panel Chair Chris Coons (D-Del.) and Vice Chair James Lankford (R-Okla.). The letter, led by Sen. Sheldon Whitehouse (D-R.I.), requests that the panel investigate several issues, including whether Cruz (R-Texas) and Hawley (R-Mo) encouraged the violent Jan. 6 insurrection at the Capitol; whether they coordinated with organizers of the pro-Trump rally immediately before the riot; whether they received donations from any organizations or donors that also funded the rally; and whether the senators “engaged in criminal conduct or unethical or improper behavior.” Hawley, in a statement, described the complaint as “a flagrant abuse of the Senate ethics process and a flagrant attempt to exact partisan revenge” and said Democrats appeared “intent on weaponizing every tool at their disposal.” A spokesperson for Cruz said in a statement that “it is unfortunate that some congressional Democrats are disregarding President Biden’s call for unity and are instead playing political games by filing frivolous ethics complaints against their colleagues.” Both senators have denied allegations that they incited the Jan. 6 insurrection, which led to the death of five people, and condemned the violence. But in Thursday’s letter, the Democratic senators argue that by announcing they would challenge the election results, Hawley and Cruz gave credibility to former President Donald Trump’s baseless claims of widespread voter fraud.

Full Article: Senate Democrats file ethics complaint against Hawley, Cruz over election challenge – POLITICO

National: How Gerrymandering Will Protect Republicans Who Challenged the Election | Reid J. Epstein and Nick Corasaniti/The New York Times

Representative Jim Jordan of Ohio comes from a duck-shaped district that stretches across parts of 14 counties and five media markets and would take nearly three hours to drive end to end. Designed after the 2010 census by Ohio Republicans intent on keeping Mr. Jordan, then a three-term congressman, safely in office, the district has produced the desired result. He has won each of his last five elections by at least 22 percentage points. The outlines of Ohio’s Fourth Congressional District have left Mr. Jordan, like scores of other congressional and state lawmakers, accountable only to his party’s electorate in Republican primaries. That phenomenon encouraged the Republican Party’s fealty to President Trump as he pushed his baseless claims of election fraud. That unwavering loyalty was evident on Jan. 6, when Mr. Jordan and 138 other House Republicans voted against certifying Joseph R. Biden Jr. as the winner of the presidential election. Their decision, just hours after a violent mob had stormed the Capitol, has repelled many of the party’s corporate benefactors, exposed a fissure with the Senate Republican leadership and tarred an element of the party as insurrectionists. But while Mr. Trump faces an impeachment trial and potential criminal charges for his role in inciting the rioting, it is unlikely that Mr. Jordan and his compatriots will face any reckoning at the ballot box.

Full Article: How Gerrymandering Will Protect Republicans Who Challenged the Election – The New York Times