National

A senior Republican lawmaker on Friday agreed that a special prosecutor should investigate Russia's alleged interference with the 2016 presidential election. Rep. Darrell Issa (R-Calif.) became one of the few Republican representatives to state publicly the need for an independent investigation into Russia's reported election meddling. This comes as Democrats have increasingly pushed for an investigation into President Trump's associates' ties to Russia. In an appearance on HBO's “Real Time with Bill Maher,” Issa, a senior member of the House Judiciary Committee, first told the progressive show host that House and Senate intelligence committees would look into Russia's activities “within the special areas they oversee.” That was not sufficient for Maher, who pressed Issa — formerly the head of the House Oversight Committee — on whether he would have “let that slide” had similar suspicions arose involving the Democrats. Maher has been a vocal critic of Trump. … Senate Minority Leader Charles E. Schumer (D-N.Y.), echoing other Democrats, has said that “the appearance of bias is unavoidable” if Sessions does not recuse himself in an independent investigation. Sessions indicated during the confirmation process that he would not recuse himself during any investigations involving Trump.

National: FBI Broke Rules Talking to the White House About Russia | Time

FBI Director James Comey and Deputy Director Andrew McCabe may have violated multiple existing Justice Department rules controlling contacts between the bureau and White House officials when they spoke earlier this month with White House Chief of Staff Reince Priebus about their ongoing investigation into Russia’s influence operation against the 2016 U.S. presidential election, according to several former senior Justice Department officials. The first questionable contact came when McCabe spoke with Priebus for five minutes after a 7:30 a.m. meeting at the White House on Feb. 15 on an unrelated intelligence issue. The day before, the New York Times had reported that Trump’s campaign and other Trump associates had multiple contacts with known agents of Russian intelligence in the year before the election. At the White House meeting, McCabe told Priebus, ‘I want you to know story in NYT is BS," according to senior Administration officials who briefed reporters on Feb. 24. Priebus asked McCabe what could be done to push back, saying the White House was “getting crushed” on the story. McCabe demurred, and then later called back to say, “We'd love to help but we can't get into the position of making statements on every story.”

National: Nunes, Burr comments cast doubt on Russia probes | McClatchy DC

Congressional Democrats are questioning whether recent comments from leading Republicans, made at the request of the White House, have compromised Senate and House investigations into possible Russian influence on the recent election. The comments were from the chairs of the Senate and House intelligence committees, which are expected to play pivotal roles in investigation of Russian interference in the election and Russian influence in the administration of President Donald Trump. The comments came last week after the White House admitted contacting Sen. Richard Burr, R-N.C., and Rep. Devin Nunes, R-Calif., and asking them to speak to reporters to debunk media reports of “repeated” or “constant” contact between the Trump campaign and Russian officials.

National: Senators ask feds for ‘full account’ of work to secure election from cyber threats | The Hill

Democratic senators are asking a federal agency that helps certify and secure voting systems for a “full account” of its work to secure the 2016 election from Russian hackers. The senators, led by Amy Klobuchar (D-Minn.), also want the Election Assistance Commission (EAC) to detail cybersecurity challenges facing state and local officials as they look to safeguard future elections. The intelligence community concluded in an unclassified report released in January that Russia engaged in a cyber and disinformation campaign during the election to undermine U.S. democracy and damage Democratic nominee Hillary Clinton. Intelligence officials determined that “Russian intelligence accessed elements of multiple state or local electoral boards,” though they found no systems involved in voting tallying were breached.

National: Secretaries of State balk at election system move by DHS | FCW

February 23, 2017

A group of state officials voted to oppose a federal critical infrastructure designation covering their election systems. They're looking to get that designation removed. The National Association of Secretaries of State voted on Feb. 18 to oppose the Department of Homeland Security's late January designation of state election systems as federally protected "critical infrastructure." The designation puts election systems on similar footing as systems in the energy and financial services sectors. NASS also voted over the weekend to create a task force to work with federal agencies and stakeholders on election system cybersecurity issues. While some states, like Arizona, took DHS up on its offer to provide cybersecurity scans of some of their systems in the wake of attempted hacks into state voter registration systems, others are very wary of letting federal agencies into state-managed facilities for fear of, or the impression of, federal influence or management.

National: Meet the Math Professor Who’s Fighting Gerrymandering With Geometry | The Chronicle of Higher Education

February 23, 2017

Tufts University professor has a proposal to combat gerrymandering: give more geometry experts a day in court. Moon Duchin is an associate professor of math and director of the Science, Technology and Society program at Tufts. She realized last year that some of her research about metric geometry could be applied to gerrymandering — the practice of manipulating the shape of electoral districts to benefit a specific party, which is widely seen as a major contributor to government dysfunction. At first, she says, her plans were straightforward and research-oriented — "to put together a team to do some modeling and then maybe consult with state redistricting commissions." But then she got more creative. "I became convinced that it’s probably more effective to try to help train a big new generation of expert witnesses who know the math side pretty well," she says. “It's clear that this is the right moment to do this kind of work. We want to harness all that energy.” In part, she says, that’s because court cases over voting districts have risen since a 2013 Supreme Court decision, Shelby County v. Holder, struck down a key part of the Voting Rights Act of 1965.

National: FEC member: I have the right to demand Trump prove voter fraud claims | CNN

February 22, 2017

A member of the Federal Election Commission was defiant Tuesday after a nonprofit group said her request that President Donald Trump provide proof of voter fraud merited an investigation into whether her comments were inappropriate. Ellen Weintraub's remarks were in response to a letter sent from the Cause of Action Institute to Lynne A. McFarland, the FEC inspector general, about a statement Weintraub made earlier in February. Weintraub called on the President to substantiate his claim of massive voter fraud in New Hampshire, a call she repeated in her statement Tuesday. Cause of Action's letter said Weintraub, a Democratic member of the six-member commission, may be in violation of government ethics rules for making the statement as an FEC official and called on the agency's watchdog to look into the matter. The FEC is tasked with regulating campaign finance, and Cause of Action's letter said Weintraub could have stepped outside of her authority by commenting about voter fraud.

National: Senate Intelligence Committee asks for Russia-related records to be preserved | The Washington Post

February 22, 2017

The Senate Intelligence Committee is seeking to ensure that records related to Russia’s alleged intervention in the 2016 U.S. elections are preserved as it begins investigating that country’s ties to the Trump team. The panel sent more than a dozen letters to “organizations, agencies and officials” on Friday, asking them to preserve materials related to the congressional investigation, according to a Senate aide, who was not authorized to comment publicly. The Senate Intelligence Committee is spearheading the most comprehensive probe on Capitol Hill of Russia’s alleged activities in the elections. The letters went out the same day that FBI Director James B. Comey huddled for almost two hours with the committee’s Senate members in a closed-door briefing in the Capitol. Senators emerged from that meeting especially tight-lipped about what transpired, with Sen. Marco Rubio (R-Fla.) breaking the silence by tweeting the next day that he was “now very confident” the committee “will conduct thorough bipartisan investigation of #Putin interference and influence.”

National: California’s top elections officer finds his critique of Trump’s voter fraud accusations blocked at national meeting | Los Angeles Times

February 21, 2017

Secretary of State Alex Padilla, one of the most vocal critics of President Trump's unproved accusations of voter fraud, lost in an effort Friday to convince other elections officials to take a stand on the issue. Padilla, attending a conference of the National Assn. of Secretaries of State, had drafted a resolution calling Trump's repeated allegations of widespread illegal voting "without merit" and urging the president to "cease his baseless allegations about voter fraud." But he was blocked at the last minute from introducing the resolution at the Washington gathering, even though the bipartisan organization issued a statement last month disputing Trump's comments. The president's assertions, never backed up with any specific information, have included the election results certified in California.

National: U.S. inquiries into Russian election hacking include three FBI probes | Reuters

February 20, 2017

The U.S. Federal Bureau of Investigation is pursuing at least three separate probes relating to alleged Russian hacking of the U.S. presidential elections, according to five current and former government officials with direct knowledge of the situation. While the fact that the FBI is investigating had been reported previously by the New York Times and other media, these officials shed new light on both the precise number of inquires and their focus. The FBI's Pittsburgh field office, which runs many cyber security investigations, is trying to identify the people behind breaches of the Democratic National Committee's computer systems, the officials said. Those breaches, in 2015 and the first half of 2016, exposed the internal communications of party officials as the Democratic nominating convention got underway and helped undermine support for Hillary Clinton. The Pittsburgh case has progressed furthest, but Justice Department officials in Washington believe there is not enough clear evidence yet for an indictment, two of the sources said.

National: Democratic Member Quits Federal Election Commission, Setting Up Political Fight | The New York Times

February 20, 2017

A Democrat on the Federal Election Commission is quitting her term early because of the gridlock that has gripped the panel, offering President Trump an unexpected chance to shape political spending rules. The commissioner, Ann M. Ravel, said during an interview that she would send Mr. Trump her letter of resignation this week. She pointed to a series of deadlocked votes between the panel’s three Democrats and three Republicans that she said left her little hope the group would ever be able to rein in campaign finance abuses. “The ability of the commission to perform its role has deteriorated significantly,” said Ms. Ravel, who has sparred bitterly with the Republican election commissioners during her three years on the panel. She added, “I think I can be more effective on the outside.” Her departure will probably set off an intense political fight over how a new commissioner should be picked. By tradition, Senate Democrats would be allowed to select the replacement, but, by law, the choice belongs to the president, and Mr. Trump has shown little interest in Washington customs.

National: How Voter ID Laws Discriminate Against Racial Minorities | The Atlantic

February 20, 2017

For all the fervor of the current debate over voter ID laws, there’s a startling lack of good data on their effects. As of the 2016 election, 33 states have a voter identification law, with 12 of those considered “strict” requirements. After the 2013 Shelby County v. Holder Supreme Court case weakened federal oversight over state and county election laws, the debate over whether these and other more restrictive laws have discriminatory effects has mostly been waged in the realms of ideology and intent, with most existing studies relying on data limited by time, place, or bias. The catch-22 of course is that the laws have to be passed and solidly in place first to have robust longitudinal data on their effects, which in this case would mean potentially discriminatory effects would have already impacted elections. A new study from researchers Zoltan Hajnal, Nazita Lajevardi, and Lindsay Nielson at the University of California San Diego is one of the first to analyze certified votes across all states after the implementation of voter laws in multiple elections, and it found just that kind of racially discriminatory impact. Specifically, they found “that strict photo identification laws have a differentially negative impact on the turnout of Hispanics, Blacks, and mixed-race Americans in primaries and general elections.”

National: Trump Campaign Aides Had Repeated Contacts With Russian Intelligence Before Election | The New York Times

Phone records and intercepted calls show that members of Donald J. Trump’s 2016 presidential campaign and other Trump associates had repeated contacts with senior Russian intelligence officials in the year before the election, according to four current and former American officials. American law enforcement and intelligence agencies intercepted the communications around the same time they were discovering evidence that Russia was trying to disrupt the presidential election by hacking into the Democratic National Committee, three of the officials said. The intelligence agencies then sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts to influence the election. The officials interviewed in recent weeks said that, so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Mr. Trump was speaking glowingly about the Russian president, Vladimir V. Putin. At one point last summer, Mr. Trump said at a campaign event that he hoped Russian intelligence services had stolen Hillary Clinton’s emails and would make them public.

National: The Election Assistance Commission – The Federal Voting Agency Republicans Want to Kill | The Atlantic

Every odd-numbered year since 2011, Republicans in the House have tried to kill the Election Assistance Commission—the tiny federal agency responsible for helping states improve their voting systems. None of their previous efforts made it very far, and with Barack Obama in the White House, the 15-year-old commission had little to fear. This year, the same fight has taken on much greater urgency. Congressional committees are investigating whether a foreign power tried to hack the U.S. election. The new president is convinced that widespread fraud cost him millions of votes. And with an ally in the Oval Office, House Republicans have begun moving faster than ever before to eliminate an agency they say is unnecessary and wastes taxpayer money. “I’m more worried this time,” said Wendy Weiser, the director of the democracy program at the Brennan Center for Justice. “There’s a belief that this has more legs than it did in the past.” The House Administration Committee has a new chairman, Representative Gregg Harper of Mississippi, who has led the opposition to the EAC, and last week the panel made his bill ending the agency the first piece of legislation it approved in the new Congress. “It is my firm belief that the EAC has outlived its usefulness and purpose,” Harper said shortly before the committee’s six Republicans voted down objections from its three Democrats to approve the legislation.

National: U.S. lawmakers push for answers on Trump team’s Russia ties | Reuters

A crisis over the relationship between President Donald Trump's aides and Russia deepened on Wednesday as a growing number of Trump's fellow Republicans demanded expanded congressional inquiries into the matter. Trump sought to focus attention on what he called criminal intelligence leaks about his ousted national security adviser, Michael Flynn. Trump forced Flynn out on Monday after disclosures he had discussed U.S. sanctions on Russia with the Russian ambassador to the United States before Trump took office, and that he later misled Vice President Mike Pence about the conversations. The drama of Flynn's departure was the latest in a series of White House missteps and controversies since the Republican president was sworn in on Jan. 20. At a news conference with Israeli Prime Minister Benjamin Netanyahu on Wednesday, Trump said Flynn, a retired U.S. Army lieutenant general, was a "wonderful man" who had been mistreated by the news media.

National: Trump’s Labor Pick Has a History of Attacking Voting Rights | The Nation

The essential battleground state of the 2004 presidential campaign was Ohio, and as the election approached, supporters of embattled President George W. Bush announced an exceptionally controversial scheme to station citizen “challengers” at polling places. As a Brennan Center for Justice report explained, “Only a few weeks before Election Day, the Ohio Republican Party announced its plan to deploy thousands of citizen challengers across the state, mostly in African-American voting precincts. The announcement led to multiple voting rights lawsuits and sparked a media firestorm.” The firestorm ultimately led Ohio Republicans to abandon their initial plan. But, as the Brennan Center analysts noted, “the ensuing controversy shined a national spotlight on the disruptions that partisan and discriminatory challenge efforts can cause.” It also shined a light on Alexander Acosta, President Trump’s latest nominee to serve as secretary of labor, and the first Latino to be tapped by the president as a cabinet pick. Acosta is an experienced government hand, who has a long history of working the conservative Republican side of the aisle. After finishing Harvard Law School, he clerked for future Supreme Court justice Samuel Alito, who was then serving as a judge on the United States Court of Appeals for the Third Circuit, and as a senior fellow with the right-leaning Ethics and Public Policy Center. Acosta served briefly as a Bush appointee to the National Labor Relations Board, and then was appointed by Bush as the assistant attorney general with responsibility for leading the US Department of Justice’s Civil Rights Division.

National: Locking down voting tech | GCN

State election officials are making plans to tighten security all along the voting chain – from voter registration to machine integrity, audit trails and help from the Department of Homeland Security under the new critical infrastructure designation. At a Feb. 13-14 meeting of the Election Assistance Commission, New Jersey State Department's division of elections Bob Giles said that although his state’s voting machines are not connected to the internet, the attention garnered by Russia's reported electoral influence has led to a rethinking of his agency's cybersecurity protocols. Giles said cyber hygiene practices such as improving password strength and multifactor authentication will be included in the state's plan to modernize its voter registration system. "The other thing we heard a lot about this election is who is making our voting machines," he said, adding that moving forward, New Jersey will partner with the DHS to ensure voting machine security.

National: White House under siege over probe into Russian contacts with Trump campaign | USA Today

A months-long inquiry into contacts between Russian government officials and associates of President Trump's campaign and business interests will continue despite the firing of national security adviser Michael Flynn for misleading White House officials about his communication with Russia, a U.S. official told USA TODAY on Wednesday. The federal inquiry — which has amassed intercepts of telephone calls, business records and subject interviews — is looking at how Russian officials sought to meddle in the November election, said the official who is not authorized to comment publicly. The official added that there was no current evidence of collusion to tilt the election. The extent and purpose of those alleged contacts, believed to involve a limited number of Trump campaign and business associates, continue to be weighed, including whether the associates were aware they were communicating with Russian intelligence officials or those working on behalf of the Russian government, the official said. TheNew York Times reported Wednesday that phone records and intercepted calls show Trump campaign officials had repeated contacts with senior Russian intelligence officials in the year before the election.

National: Schumer warns of possible cover-up by Trump administration | The Hill

Following an emergency Democratic caucus meeting Wednesday, Senate Minority Leader Charles Schumer (N.Y.) warned that Trump officials might try to cover up improper contacts with Russian intelligence. Schumer said there is legitimate concern that President Trump’s circle of advisers may try to destroy evidence that could shed light on the substance of reported conversations with Russian agents. “There is real concern that administration, transition and campaign officials may try to cover up ties to Russia by deleting emails, texts and other records that could shine a light on those connections,” Schumer said at a press conference outside the Senate chamber following the meeting. He said such electronic records are “likely to be the subject” of congressional investigations and “must be preserved.”

National: Senate Democrats unify around congressional probe of Trump ties to Russia | Washington Post

Senate Democratic leaders agreed Wednesday to a bipartisan probe inside Congress of allegations that people linked to President Donald Trump - including ousted national security adviser Michael Flynn - had frequent contacts with Russia during and after the 2016 presidential campaign. Democrats agreed to push forward with an ongoing Intelligence Committee investigation into Russia's purported activities into the election, expanding the probe to include contacts made by Flynn and perhaps other Trump campaign officials with the Kremlin. They united around this course of action despite pressure from some Democrats to demand an independent commission to pursue the matter from outside Congress.

National: Did Trump Aides Speak With Russian Intelligence Before the Election? | The Atlantic

If the leaks that doomed Michael Flynn were a signal from the intelligence community, perhaps the message they intended to carry was: You ain’t seen nothing yet. The national security adviser’s abrupt resignation Monday night, which the White House says was a firing, came after it became clear that Flynn had lied to the public and to Vice President Mike Pence, alleging he had not discussed sanctions against Russia’s ambassador to the United States. On Tuesday evening, The New York Times added a set of new, if in some cases merely suggestive, information about further contacts between the Trump team and the Russian government—some of it directly contradicting statements made by Trump aides. The newspaper reports that four current and former intelligence officers say that Trump political and business associates “had repeated contacts with senior Russian intelligence officials in the year before the election.” The contacts came in the context of Trump repeatedly praising Russian President Vladimir Putin on the trail, as well as what intelligence officials and the Obama administration say were Russian efforts to boost Trump’s presidential hopes with hacks targeting Hillary Clinton and her political allies.

National: The Inside Story of the Chaotic Trump-Clinton Recount | New Republic

Five days after Donald Trump was elected president, Alex Halderman was on a United Airlines flight from Newark to Los Angeles when he received an urgent email. A respected computer scientist and leading critic of security flaws in America’s voting machines, Halderman was anxious to determine whether there had been foul play during the election. Had machines in Wisconsin or Michigan been hacked? Could faulty software or malfunctioning equipment have skewed the results in Pennsylvania? “Before the election, I had been saying I really, really hope there’s not a hack and that it’s not close,” he says. “Afterwards, I thought, ‘Wait a minute, there’s enough reason here to be concerned.’ ” Now, wedged into a middle seat on the cross-country flight, Halderman stared in disbelief at the email from Barbara Simons, a fellow computer scientist and security expert. Working with Amy Rao, a Silicon Valley CEO and major Democratic fundraiser, Simons had arranged a conference call with John Podesta, Hillary Clinton’s campaign chair, to make the case for taking a closer look at the election results. Could Halderman be on the call in 15 minutes? United’s wi-fi system didn’t allow for in-flight phone calls. But Halderman wasn’t fazed. “I’m blocked,” he emailed Simons, “but I can try.” Within minutes, Halderman had circumvented the wi-fi and established an interface with computers at the University of Michigan, where at 36 he is the youngest full professor in the history of the computer science department. He dialed in to the call but did not speak, afraid of drawing attention to the fact that he was violating the airline’s phone ban.

National: State election officials say DHS vague on rules for election aid | FCW

State election officials had more questions than answers after a Department of Homeland Security presentation explaining why election systems should be deemed critical U.S. infrastructure. Geoff Hale, DHS' cybersecurity strategy and integration program manager, outlined the changes and benefits that the recent designation provides during a Feb. 14 Election Assistance Commission meeting. The primary benefits, Hale said, are added protections against nation-states, guaranteed priority in DHS assistance requests and greater access to information on vulnerabilities. "Without institutionalizing this through a designation of critical infrastructure, there's no guarantee the services would be available," he said. "Being critical infrastructure, there are a set of international norms that" prevent countries from attacking these networks, said Hale. "And potentially waiting nine months for a risk and vulnerability assessment may not work on a procurement timeline" for election officials. Hale also stressed that the "full threat information" available to states that opt in for DHS assistance is not subject to state sunshine laws or Freedom of Information Act requests.

National: Do voter identification laws suppress minority voting? Yes. We did the research. | The Washington Post

The Justice Department just got a new boss: Jeff Sessions. He is raising alarms in the civil rights community. The Leadership Conference on Civil and Human Rights is concerned about his “record of hostility” toward the Voting Rights Act and the enforcement of civil rights. The NAACP-Legal Defense Fund lamented that it is “unimaginable that he could be entrusted to serve as the chief law enforcement officer for this nation’s civil rights laws.” No one knows for sure how Sessions will perform as attorney general — the former Republican senator from Alabama did, after all, once vote to renew the Voting Rights Act, in 2006 — but for many his record is deeply troubling. What we do know is that voter identification laws are spreading rapidly around the country. Before 2006, no state required photo identification to vote on Election Day. Today 10 states have this requirement. All told, a total of 33 states — representing more than half the nation’s population — have some version of voter identification rules on the books. As we detail below, our research shows that these laws lower minority turnout and benefit the Republican Party.

National: New Mac malware pinned on same Russian group blamed for election hacks | Ars Technica