National

State legislatures will begin debating changes to voting rights and election administration laws in the coming days after an unprecedented wave of reforms passed in the wake of the 2020 presidential election. At least 74 such measures have been pre-filed in 11 states, according to a count maintained by the Brennan Center for Justice at New York University. Of those, 13 measures filed in four states would restrict access to the ballot. That’s in addition to dozens of bills that would restrict or expand voting rights, or change the way elections are run, that were proposed last year and will carry over into the legislative sessions set to begin this week, including 88 bills across nine states the Brennan Center counted as “restrictive.” “There’s a lot more attention on election law,” said Arizona state Sen. Michelle Ugenti-Rita (R), who has sponsored election-related bills in recent years. “It’s not a game. It’s serious, and when you change something, especially in election law, it has significant ramifications and its ripple effect is felt far and wide.”

Full Article: States prepare for new round of voting wars as midterms approach | TheHill

National: At the Capitol on Jan. 6, a Day of Remembrance and Division | Katie Rogers/The New York Times

This anniversary of Jan. 6 marked a turning point for President Biden, who for much of his first year in office avoided direct confrontation with his predecessor, Donald J. Trump. On Thursday, Mr. Biden took deliberate aim at Mr. Trump, assailing him for watching television as the attacks unfolded, spreading a lie that the 2020 election was rigged, and holding “a dagger at the throat of America” when he encouraged his supporters to attack the United States Capitol. But Mr. Biden held on to one vestige from the past year: He still refused to call Mr. Trump by name. As president-elect in November 2020, Mr. Biden and his staff proceeded with the transition process by treating Mr. Trump’s attempts to reverse the election as little more than histrionics. The calculation made back then by Mr. Biden and his advisers was that America was simply ready to move on, but on Thursday, the president was more willing than usual to address Mr. Trump’s claims, calling him a loser in the process. “He’s not just a former president. He’s a defeated former president — defeated by a margin of over 7 million of your votes in a full and free and fair election,” Mr. Biden said. “There is simply zero proof the election results were inaccurate.”

Full Article: At the Capitol on Jan. 6, a Day of Remembrance and Division – The New York Times

National: GOP floats tweaks to vote counting law targeted by Trump as Democrats make voting rights push | Mike DeBonis and Seung Min Kim/The Washington Post

Ahead of the first anniversary of the Capitol insurrection, several Senate Republicans said they were open to overhauling the presidential vote certification procedure in Congress that was targeted by former president Donald Trump and allies as they sought to overturn his 2020 election loss. That procedure was interrupted on Jan. 6, 2021, by violent pro-Trump rioters who breached the Capitol as Republican challenges to electoral votes were being debated in the House and Senate. Only early the next morning was the process completed, after lawmakers voted to reject objections to two states’ electoral tallies and certify Joe Biden as the election’s winner. Senate Minority Leader Mitch McConnell (R-Ky.) said Wednesday that changes to Electoral Count Act, the 1887 law governing the congressional certification process, were “worth discussing,” while several other GOP senators said they were interested in clarifying ambiguous provisions in the statute and potentially raising the threshold for a challenge to a state’s electoral results.

Full Article: Ahead of Jan. 6, Republicans float tweaks to vote counting law Trump targeted in effort to deny Biden the presidency – The Washington Post

Editorial: It’s Time for Democrats to Break the Glass – Defending Democracy Is No Longer Popular Within the GOP | Ronald Brownstein/The Atlantic

The next few weeks will likely answer the most crucial question that emerged from last year’s insurrection by supporters of Donald Trump: Can one political party defend American democracy on its own? In the days after the January 6 attack, it appeared possible that many Republicans would join Democrats in a cross-party coalition to defend democracy against the autocratic threat. But instead, Trump has consolidated his control over the GOP, led a movement to purge Republican elected officials who resisted his unfounded claims of fraud, and solidified the belief among the party’s voters that Joe Biden is an illegitimate president. Rather than renouncing Trump’s discredited claims, his Republican allies have cited them to justify passing dozens of laws in multiple red states reducing access to the ballot and increasing partisan control over election administration and tabulation. Since the Capitol attack, nothing has shaped the ongoing struggle over the fate of American democracy more than this refusal by almost all elected Republicans—and such GOP constituencies as national business groups and social conservative organizations—to lock arms in a cross-party “popular front” or “grand alliance” to defend the basic rules of democratic society. “I think the succumbing of the Republican Party to the Big Lie just swamps everything else,” Bill Kristol, the longtime conservative strategist who has become a leader in the Republican opposition to Trump, told me. Although it was possible last January to believe that the GOP would “repudiate” Trump, Kristol said, his dominance endures. To Kristol, it’s hard to make the case that the Republican surrender to Trump’s antidemocratic impulses “is a passing cloud, even a very big and unpleasant cloud. It’s going to be part of the scene for a while,” he said.

Full Article: Defending Democracy Is No Longer Popular Within the GOP – The Atlantic

Editorial: Our constitutional crisis is already here | Robert Kagan/The Washington Post

The United States is heading into its greatest political and constitutional crisis since the Civil War, with a reasonable chance over the next three to four years of incidents of mass violence, a breakdown of federal authority, and the division of the country into warring red and blue enclaves. The warning signs may be obscured by the distractions of politics, the pandemic, the economy and global crises, and by wishful thinking and denial. But about these things there should be no doubt: First, Donald Trump will be the Republican candidate for president in 2024. The hope and expectation that he would fade in visibility and influence have been delusional. He enjoys mammoth leads in the polls; he is building a massive campaign war chest; and at this moment the Democratic ticket looks vulnerable. Barring health problems, he is running. Second, Trump and his Republican allies are actively preparing to ensure his victory by whatever means necessary. Trump’s charges of fraud in the 2020 election are now primarily aimed at establishing the predicate to challenge future election results that do not go his way. Some Republican candidates have already begun preparing to declare fraud in 2022, just as Larry Elder tried meekly to do in the California recall contest. Meanwhile, the amateurish “stop the steal” efforts of 2020 have given way to an organized nationwide campaign to ensure that Trump and his supporters will have the control over state and local election officials that they lacked in 2020. Those recalcitrant Republican state officials who effectively saved the country from calamity by refusing to falsely declare fraud or to “find” more votes for Trump are being systematically removed or hounded from office.

Full Article: Opinion | Our constitutional crisis is already here – The Washington Post

‘Slow-motion insurrection’: How GOP seizes election power | Nicholas Riccardi/Associated Press

In the weeks leading up to the deadly insurrection at the U.S. Capitol on Jan. 6, a handful of Americans — well-known politicians, obscure local bureaucrats — stood up to block then-President Donald Trump’s unprecedented attempt to overturn a free and fair vote of the American people. In the year since, Trump-aligned Republicans have worked to clear the path for next time. In battleground states and beyond, Republicans are taking hold of the once-overlooked machinery of elections. While the effort is incomplete and uneven, outside experts on democracy and Democrats are sounding alarms, warning that the United States is witnessing a “slow-motion insurrection” with a better chance of success than Trump’s failed power grab last year. They point to a mounting list of evidence: Several candidates who deny Trump’s loss are running for offices that could have a key role in the election of the next president in 2024. In Michigan, the Republican Party is restocking members of obscure local boards that could block approval of an election. In Wisconsin and Pennsylvania, the GOP-controlled legislatures are backing open-ended “reviews” of the 2020 election, modeled on a deeply flawed look-back in Arizona. The efforts are poised to fuel disinformation and anger about the 2020 results for years to come. All this comes as the Republican Party has become more aligned behind Trump, who has made denial of the 2020 results a litmus test for his support. Trump has praised the Jan. 6 rioters and backed primaries aimed at purging lawmakers who have crossed him. Sixteen GOP governors have signed laws making it more difficult to vote. An Associated Press-NORC Center for Public Affairs Research poll showed that two-thirds of Republicans do not believe Democrat Joe Biden was legitimately elected as president.

Full Article: ‘Slow-motion insurrection’: How GOP seizes election power | AP News

National: Election Officials Fight Voter Skepticism After Trump’s False Fraud Claims | Alexa Corse/Wall Street Journal

At a warehouse here in north central Florida, county elections supervisor Wesley Wilcox led some two dozen local business and community leaders around a cavernous room full of cordoned-off voting machines, stacks of paper to be turned into ballots, and rolls of “I Voted” stickers. Mr. Wilcox encouraged the group to ask questions about everything from the security of mail ballots to the use of voting machines. One man asked about how results are reported: “The results have to be downloaded here, I assume?” “Good question, because there’s a lot of misinformation going on about that right now,” said Mr. Wilcox, who has overseen the Republican-leaning county’s elections for nearly a decade. He said that each polling site prints out paper copies of the results, and poll workers physically bring the paper and a memory stick to the county office. “My tabulators in no way whatsoever are connected to the internet,” he said. Educational efforts like this have taken on a new urgency in Florida and around the country as many supporters of former Republican President Donald Trump continue to question his election defeat. As skepticism about the election system has spread, some election administrators like Mr. Wilcox worry that voters might give up on participating and lose confidence in America’s democracy. To be sure, it isn’t new for supporters of a losing candidate from either party to question election results. But polls show increasing polarization on whether voters trust the election system. In 2020, 22% of Republicans were confident that ballots were counted accurately nationwide, compared with 93% of Democrats, according to a survey by MIT researchers. That represented a bigger gap than in 2016, when 80% of Republicans had that confidence in the results, which showed that GOP presidential candidate Mr. Trump had won, compared with 69% of Democrats.

Full Article: Election Officials Fight Voter Skepticism After Trump’s False Fraud Claims – WSJ

National: Key local election officials in battleground states still face threats over a year after 2020 election | Adam Brewster/CBS

The year after a presidential election is normally slow for Claire Woodall-Vogg, the executive director of the Milwaukee Election Commission. There are local elections to administer, but the quieter schedule gives her a chance to start planning for the next big election year, organizing records and working on professional development. But 2021 wasn’t a traditional post-presidential election year. She and her colleagues have been dealing with new election law proposals in the Wisconsin Legislature and responding to mountains of record requests. And then there are also the threats that began after the 2020 election and kept coming, even after Joe Biden took the oath of office. “I have been told that I deserve to be hung in a public square,” Woodall-Vogg said. “I received a letter to my home calling me a traitorous c***.” At about 4 a.m. on the day after the election, the results from Milwaukee’s absentee votes catapulted then-candidate Joe Biden into the lead over former President Donald Trump in Wisconsin. Up until that hour, Mr. Biden was trailing Trump by about 107,000 votes. Like Woodall-Vogg, election workers around the country faced threats and pressure in the weeks following the November election, leading up to the attack at the Capitol on January 6, and continued afterward.

Full Article: Key local election officials in battleground states still face threats over a year after 2020 election – CBS News

National: Nearly a year after Jan. 6, US democracy remains perilously fragile | Tom Makaitis/The Hill

On Jan. 20, 2021, most Americans breathed a sigh of relief. President Biden’s inauguration went off without a hitch. Trump’s attempt to overturn the results of the election had failed. Even conservative states attorneys, election officials and judges had rejected his spurious allegations of voter fraud. The FBI had arrested many of the terrorists who had stormed the Capitol on Jan. 6 and was aggressively pursuing the rest. Democracy itself seemed to be the big winner, and many of us believed politics was returning to normal. That hope proved forlorn. During the past year, Trump has doubled down on the “Big Lie,” the unfounded claim that he won the election. The myth that it was stolen from him through widespread voter fraud has become Republican orthodoxy, accepted by 56 percent of the party faithful. He has made accepting it a loyalty test in what is now his party. In May, Trump supporters formed the America Strong political action committee to target 10 house Republicans who voted to impeach the former president.

Full Article: Nearly a year after Jan. 6, US democracy remains perilously fragile | TheHill

National: U.S. Catches Kremlin Insider Who May Have Secrets of 2016 Hack | Henry Meyer, Irina Reznik, and Hugo Miller/Bloomberg

In the days before Christmas, U.S. officials in Boston unveiled insider trading charges against a Russian tech tycoon they had been pursuing for months. They accused Vladislav Klyushin, who’d been extradited from Switzerland on Dec. 18, of illegally making tens of millions of dollars trading on hacked corporate-earnings information. Yet as authorities laid out their securities fraud case, a striking portrait of the detainee emerged: Klyushin was not only an accused insider trader, but a Kremlin insider. He ran an information technology company that works with the Russian government’s top echelons. Just 18 months earlier, Klyushin received a medal of honor from Russian President Vladimir Putin. The U.S. had, in its custody, the highest-level Kremlin insider handed to U.S. law enforcement in recent memory. Klyushin’s cybersecurity work and Kremlin ties could make him a useful source of information for U.S. officials, according to several people familiar with Russian intelligence matters. Most critically, these people said, if he chooses to cooperate, he could provide Americans with their closest view yet of 2016 election manipulation. According to people in Moscow who are close to the Kremlin and security services, Russian intelligence has concluded that Klyushin, 41, has access to documents relating to a Russian campaign to hack Democratic Party servers during the 2016 U.S. election. These documents, they say, establish the hacking was led by a team in Russia’s GRU military intelligence that U.S. cybersecurity companies have dubbed “Fancy Bear” or APT28. Such a cache would provide the U.S. for the first time with detailed documentary evidence of the alleged Russian efforts to influence the election, according to these people.

Full Article: Kremlin Insider Klyushin Is Said to Have 2016 Hack Details – Bloomberg

National: Another Far-Right Group Is Scrutinized About Its Efforts to Aid Trump | Alan Feuer/The New York Times

Days after a pro-Trump mob stormed the Capitol on Jan. 6 last year, federal law enforcement officials pursued two high-profile extremist groups: the far-right nationalist Proud Boys and the Oath Keepers militia. Members of both organizations were quickly arrested on attention-grabbing charges, accused of plotting to interfere with the certification of the 2020 vote count. Now congressional investigators are examining the role of another right-wing paramilitary group that was involved in a less publicly visible yet still expansive effort to keep President Donald J. Trump in power: the 1st Amendment Praetorian. Known in shorthand as 1AP, the group spent much of the postelection period working in the shadows with pro-Trump lawyers, activists, business executives and military veterans to undermine public confidence in the election and to bolster Mr. Trump’s hopes of remaining in the White House. By their own account, members of the 1st Amendment Praetorian helped to funnel data on purported election fraud to lawyers suing to overturn the vote count. They guarded celebrities like Michael T. Flynn, Mr. Trump’s former national security adviser, at “Stop the Steal” rallies, where huge crowds gathered to demand that Mr. Trump remain in office. And they supported an explosive proposal to persuade the president to declare an emergency and seize the country’s voting machines in a bid to stay in power.

Full Article: Another Far-Right Group Is Scrutinized About Its Efforts to Aid Trump – The New York Times

National: Democrats Seek Filibuster Changes to Pass Elections Bills | Siobhan Hughes/Wall Street Journal

The Senate returns for a new session on Monday with Democrats focused on trying to change the chamber’s rules to muscle through elections legislation over Republican opposition, as lawmakers also hope to revive President Biden’s stalled economic and climate agenda. Many Democrats say they need to alter Senate filibuster procedures, which require 60 votes to advance most legislation, to pass bills designed to make it easier for people nationwide to vote. The party currently controls the evenly divided Senate, but some Democrats have resisted eliminating the filibuster outright, muddying the prospects for any legislative progress despite the fresh push. “You can think of January as a moment when two different forces are converging,” said Sen. Jeff Merkley (D., Ore.), who has been a leader in negotiations on both rules changes and voting legislation. “One is the functionality of the Senate and the other is the functionality of our republic.” Democrats have called passing new elections legislation their priority, arguing that minority voters need protections from new state rules. Republicans have blocked election-related bills in the Senate, and they paint calls to change the filibuster as a power grab. GOP lawmakers say the proposed changes to election law would put voting rules under the control of the federal government with little sensitivity to election security or local needs.

Full Article: Democrats Seek Filibuster Changes to Pass Elections Bills – WSJ

National: US could be under rightwing dictator by 2030, Canadian professor warns | Richard Luscombe/The Guardian

The US could be under a rightwing dictatorship by 2030, a Canadian political science professor has warned, urging his country to protect itself against the “collapse of American democracy”. “We mustn’t dismiss these possibilities just because they seem ludicrous or too horrible to imagine,” Thomas Homer-Dixon, founding director of the Cascade Institute at Royal Roads University in British Columbia, wrote in the Globe and Mail. “In 2014, the suggestion that Donald Trump would become president would also have struck nearly everyone as absurd. But today we live in a world where the absurd regularly becomes real and the horrible commonplace.” Homer-Dixon’s message was blunt: “By 2025, American democracy could collapse, causing extreme domestic political instability, including widespread civil violence. By 2030, if not sooner, the country could be governed by a rightwing dictatorship.” The author cited eventualities centered on a Trump return to the White House in 2024, possibly including Republican-held state legislatures refusing to accept a Democratic win. Trump, he warned, “will have only two objectives, vindication and vengeance” of the lie that his 2020 defeat by Joe Biden was the result of electoral fraud.

Full Article: US could be under rightwing dictator by 2030, Canadian professor warns | US politics | The Guardian

National: Trump acolytes vie for key election oversight posts in US midterms | Sam Levine/The Guardian

When Americans go to the polls in the 2022 midterms, the most important elections won’t be for office in Washington. The most high-stakes races will be statewide contests, in some cases for long overlooked offices, that have profound consequences for the future of free and fair elections in America. The races for governor and secretary of state, the chief election official in many places, will determine which officials have control over setting election rules and the post-election certification process. Allies of Donald Trump and others who have spread baseless conspiracy theories about the election have launched campaigns for several of those offices, both at the statewide and local level, in an effort to take control of election machinery. Trump is expected to run for president in 2024, and if his allies are successful, there are fears they could use their positions to block Trump’s opponent from taking office should Trump lose. Democrats are seeking to hold on to governor’s offices in Michigan, Wisconsin and Pennsylvania, three crucial swing states. The Democratic incumbents in all three states have blocked efforts by GOP-led legislatures to enact voting restrictions so far. There will also be hotly contested elections in Arizona and Georgia, where Republican candidates who have spread lies about the results of the 2020 election are running for governor.

Full Article: Trump acolytes vie for key election oversight posts in US midterms | US news | The Guardian

Editorial: Trump Won’t Let America Go. Can Democrats Pry It Away? | Thomas B. Edsall/The New York Times

Do you believe, as many political activists and theorists do, that the contemporary Republican Party poses a threat to democracy? After all, much of its current leadership refuses to accept the results of the 2020 presidential election and is dead set on undermining the concept of one person, one vote. If it does pose such a threat, does that leave the Democratic Party as the main institutional defender of democracy? If the Democratic Party has been thrust into that role — whether it wants it or not — recent election results and adverse polling trends suggest that it stands a good chance of losing both branches of Congress in 2022 and that Donald Trump or a Trump clone could win the presidency in 2024. The issue then becomes a question of strategic emphasis. Do Democrats’ difficulties grow more out of structural advantages for the Republican Party — better geographic distribution of its voters, the small-state tilt of the Electoral College and the Senate, more control over redistricting? Or do their difficulties stem from Democratic policies and positions that alienate key blocs of the electorate? If, as much evidence shows, working-class defections from the Democratic Party are driven more by cultural, racial and gender issues than by economics — many non-college-educated whites are in fact supportive of universal redistribution programs and increased taxes on the rich and corporations — should the Democratic Party do what it can to minimize those sociocultural points of dispute, or should the party stand firm on policies promoted by its progressive wing?

Full Article: Opinion | Trump Won’t Let America Go. Can Democrats Pry It Away? – The New York Times

New Hampshire’s longtime guardian of its early presidential primary is stepping down | NPR

New Hampshire Secretary of State William Gardner, who earned a national reputation as gatekeeper of the state’s first-in-the-nation presidential primary, announced Monday that he will retire in the coming days. Gardner has held the office since December 1976, when he was elected at the age of 28. He’s the longest-serving secretary of state in the nation. As the state’s chief election official, Gardner is responsible for enforcing laws and regulations around voting in New Hampshire. But it’s as chief defender of the state’s presidential primary that Gardner has earned his loudest praise — and criticism. At a press conference in his cramped State House office Monday, Gardner waved away a suggestion that he was stepping down for health reasons. He said Dave Scanlan, his current deputy, will serve as the interim secretary of state. “I know the office which I leave will be in good hands,” Gardner said.

Full Article: New Hampshire’s longtime guardian of its early presidential primary is stepping down : NPR

The Catch-22 of Addressing Election Security | Sue Halpern/The New Yorker

Earlier this month, when the former Georgia U.S. senator David Perdue filed a lawsuit seeking to examine last year’s absentee ballots from Fulton County, the state’s largest election district, he became the latest Republican to parrot the cynical rhetoric of election fraud championed by Donald Trump. Just a few days earlier, Perdue, who lost reëlection to his Democratic opponent, Jon Ossoff, in a run-off election in January, not only declared his intention to challenge the incumbent Republican governor, Brian Kemp, in the 2022 primary but also announced that, if he had been governor in 2020, he would not have certified the Presidential election results. Not surprisingly, Trump has endorsed Perdue. (Kemp, who ran in the 2018 Republican gubernatorial primary as a Trump acolyte, was quick to point out via a spokesperson that “David Perdue is so concerned about election fraud that he waited a year to file a lawsuit.”) It’s unlikely that Perdue’s lawsuit will be any more successful than a similar one filed by nine voters in Georgia, which was thrown out in October. But there are other ways of winning. According to a Center for Election Innovation and Research poll, more than sixty per cent of Republicans now believe that the election may have been stolen. That narrative may not have been able to overturn the 2020 election, but it is undermining future elections by seeding widespread doubt about the legitimacy of the democratic process. Perdue, for instance, is claiming that sixteen Fulton County election officials, whom he has identified by name, counted and certified “unlawful counterfeit absentee ballots.” In so doing, he has joined a disturbing trend of vilifying election administrators for not delivering the Presidency to Trump. (A recent investigation by Reuters found more than a hundred threats of death and other acts of violence against election workers and officials.)

Full Article: The Catch-22 of Addressing Election Security | The New Yorker

Inside the nonstop pressure campaign by Trump allies to get election officials to revisit the 2020 vote | Amy Gardner, Emma Brown and Josh Dawsey/The Washington Post

More than a year after Donald Trump lost the presidency, election officials across the country are facing a growing barrage of claims that the vote was not secure and demands to investigate or decertify the outcome, efforts that are eating up hundreds of hours of government time and spreading distrust in elections. The ongoing attack on the vote is being driven in part by well-funded Trump associates, who have gained audiences with top state officials and are pushing to inspect protected machines and urging them to conduct audits or sign on to a lawsuit seeking to overturn the 2020 results. And the campaign is being bolstered by grass-roots energy, as local residents who have absorbed baseless allegations of ballot fraud are now forcing election administrators to address the false claims. The fallout has spread from the six states where Trump sought to overturn the outcome in 2020 to deep-red places such as Idaho, where officials recently hand-recounted ballots in three counties to refute claims of vote-flipping, and Oklahoma, where state officials commissioned an investigation to counter allegations that voting machines were hacked. State and local officials said no one has presented actual evidence that rampant fraud tainted the 2020 election, and numerous ballot reviews and legal proceedings have affirmed that the vote was secure. Yet they and their staffs have been forced into a high-stakes game of whack-a-mole, debunking a steady stream of false allegations only to see similar claims emerge again from other groups or in other states.

Full Article: Inside the nonstop pressure campaign by Trump allies to get election officials to revisit the 2020 vote – The Washington Post

National: Democratic push on voting rights becomes more urgent as midterms approach | Theodoric Meyer/The Washington Post

Senate Democrats not only failed to push their social spending bill over the finish line before the Christmas holidays. They also fell short on another of the party’s top priorities this year: approving a landmark package of voting rights measures. And while Democrats argue the changes are critical to safeguarding democracy, strategists in both parties say the package could also reshape the battle for control of the House next year, potentially bolstering Democrats’ chances of hanging onto their House majority in a year when Republicans have the edge. One of the two bills that Democrats are considering, the Freedom to Vote Act, would bar partisan gerrymandering. If passed, the bill could trigger a cavalcade of lawsuits to force states to redraw new congressional maps that favor one party or the other, all before November 2022. “The [legislation] says that courts cannot allow a method that’s found to be illegal to be used simply because an election is imminent,” Eric Holder, the former attorney general and current chairman of the National Democratic Redistricting Committee (NDRC), said in an interview last week. “And so you would have the capacity once the bill is passed to challenge what Texas has done, what Georgia has done, North Carolina, Ohio — what they’ve either done or indicated they’re going to do.”

Full Article: Democratic push on voting rights becomes more urgent as midterms approach – The Washington Post

National: Retired generals: The military must prepare now for a 2024 insurrection | Paul D. Eaton, Antonio M. Taguba and Steven M. Anderson/The Washington Post

As we approach the first anniversary of the deadly insurrection at the U.S. Capitol, we — all of us former senior military officials — are increasingly concerned about the aftermath of the 2024 presidential election and the potential for lethal chaos inside our military, which would put all Americans at severe risk. In short: We are chilled to our bones at the thought of a coup succeeding next time. One of our military’s strengths is that it draws from our diverse population. It is a collection of individuals, all with different beliefs and backgrounds. But without constant maintenance, the potential for a military breakdown mirroring societal or political breakdown is very real. The signs of potential turmoil in our armed forces are there. On Jan. 6, a disturbing number of veterans and active-duty members of the military took part in the attack on the Capitol. More than 1 in 10 of those charged in the attacks had a service record. A group of 124 retired military officials, under the name “Flag Officers 4 America,” released a letter echoing Donald Trump’s false attacks on the legitimacy of our elections. Recently, and perhaps more worrying, Brig. Gen. Thomas Mancino, the commanding general of the Oklahoma National Guard, refused an order from President Biden mandating that all National Guard members be vaccinated against the coronavirus. Mancino claimed that while the Oklahoma Guard is not federally mobilized, his commander in chief is the Republican governor of the state, not the president.

Full Article: Opinion | Retired generals: The military must prepare now for a 2024 insurrection – The Washington Post

National: Dominion Voting wins key decision in lawsuit against Fox News | Katelyn Polantz/CNN

A judge in Delaware has found that Fox News’ coverage of election fraud after the 2020 election may have been inaccurate, and is allowing a major defamation case against the right-wing TV network to move forward. Judge Eric Davis of the Delaware Superior Court declined to dismiss Dominion Voting System’s lawsuit against Fox News in a significant ruling Thursday. The ruling will now allow Dominion to attempt to unearth extensive communications within Fox News as they gather evidence for the case, and the company may be able to interview the network’s top names under oath. At this stage, the court must assume Dominion’s claims about Fox News are true. Still, Davis called out, in the 52-page opinion, that Fox News may have slanted its coverage to push election fraud, knowing the accusations were wrong. Dominion alerted the network’s anchors and executives to information that disproved accusations of widespread vote-switching following Donald Trump’s re-election loss, the judge noted.

Full Article: Dominion Voting wins key decision in lawsuit against Fox News – CNN

National: CISA Hosts Election Cybersecurity Navigators Forum for State and Local Election Officials | Homeland Security Today

The Cybersecurity and Infrastructure Security Agency (CISA) recently concluded a forum for state and local election officials to discuss cyber navigator programs. Cyber navigators are state liaisons that can help under-resourced local jurisdictions manage their cyber risks, help sort through the onslaught of risk information, advice, and available services, and help fast-track mitigation efforts. During the two-day forum participants shared their experiences and identified lessons learned for navigator programs. This forum is part of a series of new steps to prioritize cybersecurity across the Department of Homeland Security. Secretary Mayorkas first outlined his vision for the Department’s cybersecurity priorities in March, which included a series of focused 60-day sprints designed to elevate existing work, remove roadblocks to progress, and launch new initiatives and partnerships to achieve DHS’s cybersecurity mission and implement Biden-Harris Administration priorities. DHS is currently in the midst of its “Election Security” sprint, focused on the need to cement the resilience of the nation’s democratic infrastructures and protect the integrity of its election.

Full Article: CISA Hosts Election Cybersecurity Navigators Forum for State and Local Election Officials – HS Today

Editorial: Will Donald Trump Get Away With Inciting an Insurrection? | Laurence H. Tribe, Donald Ayer and Dennis Aftergut/The New York Times

In his nine months in office, Attorney General Merrick Garland has done a great deal to restore integrity and evenhanded enforcement of the law to an agency that was badly misused for political reasons under his predecessor. But his place in history will be assessed against the challenges that confronted him. And the overriding test that he and the rest of the government face is the threat to our democracy from people bent on destroying it. Mr. Garland’s success depends on ensuring that the rule of law endures. That means dissuading future coup plotters by holding the leaders of the insurrection fully accountable for their attempt to overthrow the government. But he cannot do so without a robust criminal investigation of those at the top, from the people who planned, assisted or funded the attempt to overturn the Electoral College vote to those who organized or encouraged the mob attack on the Capitol. To begin with, he might focus on Mark Meadows, Steve Bannon, Rudy Giuliani, John Eastman and even Donald Trump — all of whom were involved, in one way or another, in the events leading up to the attack. Almost a year after the insurrection, we have yet to see any clear indicators that such an investigation is underway, raising the alarming possibility that this administration may never bring charges against those ultimately responsible for the attack.

Full Article: Opinion | Will Donald Trump Get Away With Inciting an Insurrection? – The New York Times

Editorial: To save America’s democracy, Democrats need to start acting like Republicans | Austin Sarat/The Hill

The United States has two political parties that for most of the last half century have been going in different directions. One, the Republican Party, has been acting like the vanguard for a coherent and determined social movement whose object has been to rewrite the rules and norms of American politics and American life. At the same time, the Democratic Party has continued to try to be a big tent agglomeration of groups and act as if the political rules remain what they always have been. These diverging paths accelerated with the Trumpification of the Republican Party — but their roots can be traced back to the Supreme Court’s 1972 Roe v Wade decision legalizing abortion and, especially, the failed nomination of Judge Robert Bork to the Supreme Court in 1987. Bork — who opposed the Supreme Court’s one man, one vote decision on legislative apportionment, the 1964 Civil Rights Act, and asserted that the Constitution contained no right of privacy — became a symbol of conservative grievance. As a National Public Radio report put it, his “nomination changed everything, maybe forever.” The Roe decision and Bork’s rejection galvanized the right wing in the service of a long term political and legal strategy. Since then, they have carefully vetted political candidates for ideological purity, unapologetically imposed litmus tests on judicial nominees, and developed an infrastructure to support their efforts. As Princeton historian Julian Zelizer puts it, Republicans learned that winning would take a “ruthless disposition.” Today Republicans are using Trump’s defeat in 2020 and the red herring of election fraud as their new Bork moment to propel a more insidious cause — stacking the political game to ensure that Trump (or his successor as Republican nominee) cannot lose the 2024 election.

Full Article: To save America’s democracy, Democrats need to start acting like Republicans | TheHill

Meadows and the Band of Loyalists: How They Fought to Keep Trump in Power | Katie Benner, Catie Edmondson, Luke Broadwater and Alan Feuer/The New York Times

Two days after Christmas last year, Richard P. Donoghue, a top Justice Department official in the waning days of the Trump administration, saw an unknown number appear on his phone. Mr. Donoghue had spent weeks fielding calls, emails and in-person requests from President Donald J. Trump and his allies, all of whom asked the Justice Department to declare, falsely, that the election was corrupt. The lame-duck president had surrounded himself with a crew of unscrupulous lawyers, conspiracy theorists, even the chief executive of MyPillow — and they were stoking his election lies. Mr. Trump had been handing out Mr. Donoghue’s cellphone number so that people could pass on rumors of election fraud. Who could be calling him now? It turned out to be a member of Congress: Representative Scott Perry, Republican of Pennsylvania, who began pressing the president’s case. Mr. Perry said he had compiled a dossier of voter fraud allegations that the department needed to vet. Jeffrey Clark, a Justice Department lawyer who had found favor with Mr. Trump, could “do something” about the president’s claims, Mr. Perry said, even if others in the department would not. The message was delivered by an obscure lawmaker who was doing Mr. Trump’s bidding. Justice Department officials viewed it as outrageous political pressure from a White House that had become consumed by conspiracy theories. It was also one example of how a half-dozen right-wing members of Congress became key foot soldiers in Mr. Trump’s effort to overturn the election, according to dozens of interviews and a review of hundreds of pages of congressional testimony about the attack on the Capitol on Jan. 6.

Full Article: Trump Found Crucial Support in Congress as He Fought to Stay in Power – The New York Times

USPS built and secretly tested a mobile voting system before 2020 | Joseph Marks and Jacob Bogage/The Washington Post

The U.S. Postal Service pursued a project to build and secretly test a blockchain-based mobile phone voting system before the 2020 election, experimenting with a technology that the government’s own cybersecurity agency says can’t be trusted to securely handle ballots. The system was never deployed in a live election and was abandoned in 2019, Postal Service spokesman David Partenheimer said. That was after cybersecurity researchers at the University of Colorado at Colorado Springs conducted a test of the system during a mock election and found numerous ways that it was vulnerable to hacking. The project appears to have been conducted without the involvement of federal agencies more closely focused on elections, which were then scrambling to make voting more secure in the wake of Russian interference in the 2016 contest. Those efforts focused primarily on using paper ballot so the voter could verify their vote was recorded accurately and there would be a paper trail for auditors — something missing from any mobile phone or Internet-based system. The secrecy of the Postal Service’s mobile voting project alarmed election security officials and advocates who fear it could spark conspiracy theories and degrade public faith in the democratic process. Those concerns have grown immensely since the 2020 election, bolstered by baseless claims of election fraud by former president Donald Trump and his supporters. Matt Masterson, who was then a senior adviser to the Cybersecurity and Infrastructure Security Agency and the federal government’s chief liaison to state and local election officials, said he was never aware of the Postal Service program while in office. “If you’re doing anything in the election space, transparency should be priority number one. There should be no guessing game around this,” Masterson said.

Full Article: USPS built and secretly tested a mobile voting system before 2020 – The Washington Post

National: In Bid for Control of Elections, Trump Loyalists Face Few Obstacles | Charles Homans/The New York Times

When thousands of Trump supporters gathered in Washington on Jan. 6 for the Stop the Steal rally that led to the storming of the U.S. Capitol, one of them was a pastor and substitute teacher from Elizabethtown, Pa., named Stephen Lindemuth. Mr. Lindemuth had traveled with a religious group from Elizabethtown to join in protesting the certification of Joseph R. Biden’s victory. In a Facebook post three days later, he complained that “Media coverage has focused solely on the negative aspect of the day’s events,” and said he had been in Washington simply “standing for the truth to be heard.” Shortly after, he declared his candidacy for judge of elections, a local Pennsylvania office that administers polling on Election Day, in the local jurisdiction of Mount Joy Township. Mr. Lindemuth’s victory in November in this conservative rural community is a milestone of sorts in American politics: the arrival of the first class of political activists who, galvanized by Donald J. Trump’s false claim of a stolen election in 2020, have begun seeking offices supervising the election systems that they believe robbed Mr. Trump of a second term. According to a May Reuters/Ipsos poll, more than 60 percent of Republicans now believe the 2020 election was stolen. This belief has informed a wave of mobilization at both grass-roots and elite levels in the party with an eye to future elections. In races for state and county-level offices with direct oversight of elections, Republican candidates coming out of the Stop the Steal movement are running competitive campaigns, in which they enjoy a first-mover advantage in electoral contests that few partisans from either party thought much about before last November. And legislation that state lawmakers have passed or tried to pass this year in a number of states would assert more control over election systems and results by partisan offices that Republicans already decisively control. “This is a five-alarm fire,” said Jocelyn Benson, the Democratic secretary of state in Michigan, who presided over her state’s Trump-contested election in 2020 and may face a Trump-backed challenger next year. “If people in general, leaders and citizens, aren’t taking this as the most important issue of our time and acting accordingly, then we may not be able to ensure democracy prevails again in ’24.”

Full Article: In Bid for Control of Elections, Trump Loyalists Face Few Obstacles – The New York Times

National: Momentum grows for Senate to take up voting bills ahead of budget package | Lindsey McPherson and Kate Ackley/Roll Call

Senate Democrats are inching closer to pushing floor action on their sweeping safety net and climate package into 2022 amid growing momentum in the caucus to make a last-ditch attempt to pass voting rights legislation before the end of the year. In a sign of the shifting mood, one of the top progressive voices on Capitol Hill who’s been leading the charge for much of this year to get President Joe Biden’s economic agenda enacted suggested maybe it was time to change gears. “Obviously voting rights have got to be dealt with immediately,” Senate Budget Chairman Bernie Sanders, I-Vt., told reporters Wednesday. “I would like to see a Build Back Better bill move as quickly as possible, but if we can’t deal with that right now, it’s a lot more important that we deal with the voting rights issue.” Sen. Richard Blumenthal also noted the “intensifying focus” on prioritizing voting rights legislation over the spending package. “We may not be able to do both, but certainly we should have votes and we should do at least one,” the Connecticut Democrat said. A month ago as the House passed its $2.2 trillion version of the social safety net and climate budget reconciliation package, Senate Majority Leader Charles E. Schumer set a Christmas deadline for the Senate to follow suit. Since then, the measure’s bogged down in the slow process of tweaking it to ensure it complies with the chamber’s “Byrd rule” that restricts what can be included in budget reconciliation bills. It also does not yet have buy-in from 50 members of the Senate Democratic Caucus. Sen. Joe Manchin III, D-W.Va., continues to hold out, despite personal intervention from Biden and lobbying from colleagues.

Full Article: Momentum grows for Senate to take up voting bills ahead of budget package

National: Election denier who circulated Jan. 6 PowerPoint says he met with Meadows at White House | Emma Brown, Jon Swaine, Jacqueline Alemany, Josh Dawsey and Tom Hamburger/The Washington Post

A retired U.S. Army colonel who circulated a proposal to challenge the 2020 election, including by declaring a national security emergency and seizing paper ballots, said that he visited the White House on multiple occasions after the election, spoke with President Donald Trump’s chief of staff “maybe eight to 10 times” and briefed several members of Congress on the eve of the Jan. 6 riot. Phil Waldron, the retired colonel, was working with Trump’s outside lawyers and was part of a team that briefed the lawmakers on a PowerPoint presentation detailing “Options for 6 JAN,” Waldron told The Washington Post. He said his contribution to the presentation focused on his claims of foreign interference in the vote, as did his discussions with the White House. A version of the presentation made its way to the White House chief of staff, Mark Meadows, on Jan. 5. That information surfaced publicly this week after the congressional committee investigating the insurrection released a letter that said Meadows had turned the document over to the committee. “The presentation was that there was significant foreign interference in the election, here’s the proof,” Waldron said. “These are constitutional, legal, feasible, acceptable and suitable courses of action.”

Full Article: Phil Waldron, backer of Jan. 6 PowerPoint, says he met with Mark Meadows, briefed lawmakers – The Washington Post

National: The Pro-Trump Conspiracy Internet Is Moving From Facebook To Your Doorstep | Sarah Mimms/BuzzFeed