National: ‘Safe Harbor’ Day Marks a Further Step Toward Sealing Joe Biden’s Victory in Electoral College | Alexa Corse/Wall Street Journal

A federal deadline Tuesday marks the latest formal step toward confirming President-elect Joe Biden’s victory in the 2020 election, further reducing options for President Trump and his supporters to fight the results. States were supposed to try to resolve any disputes over the presidential results and finalize their slate of electors for the Electoral College by Tuesday. It is known as the “Safe Harbor” deadline because, if met, Congress should accept a state’s results as conclusive and reject any further challenges, according to federal law. The deadline usually passes with little notice. This year, the Trump campaign and its allies have so far unsuccessfully launched a battery of lawsuits and sought to persuade some state legislatures to overturn the election results, drawing extra attention to the arcane formalities that states and Congress take to confirm the next president in time for the inauguration on Jan. 20. The “Safe Harbor” deadline doesn’t necessarily end those or other lawsuits. But given that Congress is supposed to respect the results of states that meet the deadline, and with the Electoral College vote coming Monday, it narrows the options for challenging the outcome, according to election law scholars. “I don’t think it’s the kind of the deadline that’s going to bring true finality,” said Richard L. Hasen, an election-law professor at the University of California, Irvine. “It’s more like another nail in the coffin.”

Full Article: ‘Safe Harbor’ Day Marks a Further Step Toward Sealing Joe Biden’s Victory in Electoral College – WSJ

National: The Nation Reached ‘Safe Harbor.’ Here’s What That Means. | Nick Corasaniti, Sydney Ember and Alan Feuer/The New York Times

Joseph R. Biden Jr. has already won the presidential election, but on Tuesday he moved one step closer to the White House. By the end of the day, the nation was set to reach the so-called safe harbor deadline, which is generally accepted as the date by which all state-level election challenges — such as recounts and audits — are supposed to be completed. Broadly, that means that President Trump’s efforts to overturn the presidential election are nearing the end of the line. After Tuesday, state courts would most likely have to throw out any new lawsuit challenging the election. That’s because election results that have been certified by the states are now considered conclusive, and by law those states’ Electoral College votes must be counted by Congress. By late Monday, every state but Hawaii had certified its results, and Mr. Biden had secured more than the 270 electoral votes needed to become president.

Full Article: The Nation Reached ‘Safe Harbor.’ Here’s What That Means. – The New York Times

National: Chris Krebs sues Trump campaign, Joe diGenova for defamation | Spencer S. Hsu and Dan Morse/The Washington Post

The former top U.S. cybersecurity official responsible for securing November’s presidential election sued the Trump campaign and one of its lawyers for defamation Tuesday, asserting that they conspired to falsely claim the election was stolen, attack dissenting Republicans and fraudulently reap political donations. Christopher Krebs, who was fired Nov. 17 by President Trump after he refuted the president’s claims of widespread election fraud, singled out comments made almost two weeks later by attorney Joseph diGenova, who said Krebs should face the same punishment inflicted on those convicted of treason because he had asserted that the 2020 election was the most secure in history. “He should be drawn and quartered,” diGenova said on the outlet Newsmax, a third defendant. “Taken out at dawn and shot.” He also labeled Krebs an “idiot” and a “class-A moron” during the segment, which unleashed a flood of social media comments that left Krebs, his wife and several of their young children in fear for their lives, according to the lawsuit. At one point, according to the lawsuit, the Krebs’s 10-year-old child asked: “Daddy’s going to get executed?” The 52-page complaint was filed in Maryland state court in Montgomery County, where diGenova resides. The lawsuit accused diGenova and the Trump campaign of defamation and “intentional infliction of emotional distress.” It labeled Newsmax an aider and abettor. Krebs seeks a jury trial, money and punitive damages and an injunction ordering Newsmax to remove video of the incident.

Full Article: Chris Krebs sues Trump campaign, Joe diGenova for defamation – The Washington Post

National: Conservative Lawsuits Fuel Distrust of Election Results | Jacob Gershman/Wall Street Journal

Phill Kline says he has filed so many legal challenges to the presidential-election results that he can’t keep track. “It’s hard for me to keep up, honestly,” said Mr. Kline, a former Republican attorney general of Kansas who runs the Amistad Project, an election-focused offshoot of the Thomas More Society, a conservative legal group in Chicago best-known for antiabortion and religious-rights casework. The Amistad Project is among a small but committed band of pro-Trump plaintiffs that have targeted battleground states and swelled the dockets with lawsuits aimed at invalidating President-elect Joe Biden’s victory. As the Trump campaign pursues a handful of long-shot lawsuits in two states, outside activists have at least a half-dozen cases pending before state and federal benches. None have been successful, but they have fed into suspicions among Republicans that the election wasn’t run fairly. The affidavits attached to the lawsuits and video evidence purporting to show mishandling of ballots have gone viral among conservatives and provided fuel for critics of expanded absentee voting. State election officials and U.S. Attorney General William Barr have said they have found no evidence of fraud widespread enough to tip the election. Federal cybersecurity officials have called the election the most secure ever conducted. In Georgia, where the viral videos emerged, state investigators have said the recordings show normal operations, with observers watching legal ballots get counted. Some of the groups say their mission extends beyond next week when the Electoral College meets on Dec. 14 and formalizes Mr. Biden’s victory. They haven’t always marched in lockstep with the Trump campaign legal team and are looking for rulings that could affect future elections.

Full Article: Conservative Lawsuits Fuel Distrust of Election Results – WSJ

National: Major cybersecurity firm FireEye says it was hacked in sophisticated nation-state attack | Maggie Miller and Olivia Beavers/The Hill

FireEye, a top cybersecurity firm that has built a reputation for tracking the digital fingerprints in major cyberattacks, has now become a target in a highly sophisticated attack that it says was done by a skilled nation-state. FireEye acknowledged to The Hill and other news outlets on Tuesday that its own systems were penetrated by “a nation with top-tier offensive capabilities.” FireEye, which was a key firm that helped track Russia’s cyberattack on the Democratic National Committee during the 2016 presidential election, did not name who it believes is behind the attack, but its description points to the Kremlin. FireEye CEO Kevin Mandia wrote in a blog post that “based on my 25 years in cyber security and responding to incidents, I’ve concluded we are witnessing an attack by a nation with top-tier offensive capabilities.” “We were attacked by a highly sophisticated threat actor, one whose discipline, operational security, and techniques lead us to believe it was a state-sponsored attack,” he wrote. Mandia noted that FireEye was working with the FBI and “other key partners,” including Microsoft, to investigate the attack. Matt Gorham, the assistant director of the FBI’s Cyber Division, said in a statement provided to The Hill that “the FBI is investigating the incident and preliminary indications show an actor with a high level of sophistication consistent with a nation state.”

Full Article: Major cybersecurity firm says it was hacked in sophisticated nation-state attack | TheHill

National: Trump’s options dwindle as safe harbor deadline looms | Josh Gerstein and Kyle Cheney/Politico

President Donald Trump’s effort to snatch a second term through a series of state and federal court challenges has been flaming out for weeks. Now, the calendar has all but extinguished it. Dec. 8 is the so-called “safe harbor” date for the presidential election, a milestone established in federal law for states to conclude any disputes over the results. Trump’s failure to gain traction in litigation, with his lawyers and allies failing to block crucial states from declaring Joe Biden the winner, means the safe harbor deadline stands as another potentially insurmountable reason for the courts to decline to intervene. Trump’s legal team publicly says the safe harbor deadline is meaningless and they’ll simply disregard it. Set by a 140-year-old statute, the date isn’t enshrined in the Constitution, they say. But the campaign’s legal filings tell another story, as Trump’s lawyers pressed courts for urgent action ahead of the deadline midnight on Tuesday and warned of irreparable consequences if they don’t. The last time a presidential election was resolved at the Supreme Court, the safe harbor deadline proved pivotal. And several legal actions seem to be hurtling toward a potential resolution on Tuesday — including a Pennsylvania dispute where Justice Samuel Alito initially asked for responses by Wednesday but decided to expedite further to Tuesday amid speculation about the safe harbor deadline.

Full Article: Trump’s options dwindle as safe harbor deadline looms – POLITICO

‘This Must Be Your First’ – Acting as if Trump is trying to stage a coup is the best way to ensure he won’t. | Zeynep Tufekci/The Atlantic

On the evening of September 11, 1980, my mom was approached by a neighbor who held rank in the Turkish military. He told her to stock up on bread and rice. “Oh, another coup,” she immediately groaned. The neighbor was aghast—he wasn’t supposed to tell anyone what was coming. But my mom, of course, had immediately understood what his advice must have meant. Turkey is the land of coups; this was neither the first nor the last coup it would face. A little more than two decades later, I walked up to a counter in Antalya Airport to tell a disbelieving airline employee that our flight would shortly be canceled because the tanks being reported in the streets of Istanbul meant that a coup attempt was under way. It must be a military exercise, she shrugged. Some routine transport of troops, perhaps? If so, I asked her, where is the prime minister? Why isn’t he on TV to tell us that? Another woman approached the counter. “This must be your first,” she said to the young woman behind the counter, who was still shaking her head. “It’s my fourth.” I told the airline employee that we were not getting on that plane, destined for the Istanbul airport, which I knew would be a primary target. The other woman and I nodded at each other, becoming an immediate coup pod. I went out to secure transportation for us—this airport was not going to be safe either—while she and my 7-year-old son went to retrieve our luggage. “His first too,” I said to her. In political science, the term coup refers to the illegitimate overthrow of a sitting government—usually through violence or the threat of violence. The technical term for attempting to stay in power illegitimately—such as after losing an election—is self-coup or autocoup, sometimes autogolpe.

Full Article: Is Trump Trying to Stage a Coup? – The Atlantic

National: A trio of brutal rulings for Trump’s voter fraud push | Aaron Blake/The Washington Post

Time is running very short on attempts by President Trump and his allies to overturn the results of the 2020 election. In many ways, it’s already too late. Electors are required to cast their votes for president in each state on Dec. 14, and the “safe harbor” law means states have to resolve any outstanding issues by six days before then. That would be Tuesday. If the last three days are any indication, the Trump team is about to go out in a blaze of not-exactly-glory. Key rulings in Georgia and Michigan are the latest setbacks for the efforts, with judges in three cases issuing significant rebukes — a couple of which were scathing. In Georgia, the legal team representing Gov. Brian Kemp (R) and other top officials, including Kemp’s fellow Republicans, filed a brutal response to the continued litigation. Kemp has been under fire from Trump, including receiving a call from Trump this weekend in which Trump again pressured him to do something to help overturn the state’s election results. The call came shortly before Trump appeared at a rally in the state for the upcoming Senate runoff elections. Kemp, Georgia Secretary of State Brad Raffensperger and Lt. Gov. Geoff Duncan, all Republicans, have repeatedly rebuked the claims made by Trump and his allies. But in a filing the same day as Trump’s rallies, their legal team went quite a bit further.

Full Article: Legal filings thwart Trump voter fraud effort – The Washington Post

National: Trump’s fired election-security chef compared the president’s false claims about voter fraud to Russian disinformation | Tom Porter/Business Insider

Chris Krebs, the former top US election-security official, has described President Donald Trump’s baseless claims of voter fraud to Russian disinformation designed to corrode faith in US democracy. In an interview with Axios, Krebs was asked for his view on Trump, who on November 18 fired him from his position as Director of the Cybersecurity and Infrastructure Security Agency in the Department of Homeland Security. Krebs had rebutted the president’s claim that the result of the 2020 election was tainted by widespread ballot fraud. “The caller was inside the house,” Krebs told Axios’ Jonathan Swan. “The president is a big part of the disinformation that’s coming out there about the rigged election, but there are absolutely others.” He went on to describe how he coped with Trump’s attempts to undermine faith in the integrity of the election while he was still working for the administration: “One of the questions we asked: ‘What would we do if the Russians were doing this?'”

Full Article: Fired election security chief compares Trump claims to Russian disinfo – Business Insider

National: Republicans Pushed to Restrict Voting. Millions of Americans Pushed Back. | Nick Corasaniti and Jim Rutenberg/The New York Times

Nearly 160 million Americans voted in the 2020 elections, by far the most in history and a level of turnout not seen in over a century, representing an extraordinary milestone of civic engagement in a year marked by a devastating pandemic, record unemployment and political unrest. With all but three states having completed their final count, and next week’s deadline for final certification of the results approaching, the sheer volume of Americans who actually voted in November was eye-opening: 66.7 percent of the voting-eligible population, according to the U.S. Election Project, a nonpartisan website run by Michael McDonald, a University of Florida professor who tracks county-level data. It is the highest percentage since 1900, when the voting pool was much smaller, and easily surpasses two high-water marks of the modern era: the 1960 election of John F. Kennedy and the 2008 election of Barack Obama. Since the passage of the 19th Amendment in 1920, which gave women the right to vote and roughly doubled the voting eligible population, turnout had never surpassed 64 percent. The shifts that led to this year’s surge in voting, in particular the broad expansion of voting options and the prolonged period for casting ballots, could forever alter elections and political campaigns in America, providing a glimpse into the electoral future. A backlash from the right could prevent that, however. In many ways, the increase in voting is what Mr. Trump and the Republican Party are now openly campaigning against in their floundering bid to overturn his clear loss to President-elect Joseph R. Biden Jr. — whose popular vote lead grew to seven million on Friday. Republicans have portrayed the burgeoning voting ranks as nefarious and the expanded access to voting options as ripe for fraud — despite the fact that the record turnout provided them numerous victories down ballot.

Full Article: Republicans Pushed to Restrict Voting. Millions of Americans Pushed Back. – The New York Times

National: 220 congressional Republicans won’t say whether Biden or Trump won the election, Washington Post survey finds | Paul Kane and  Scott Clement/The Washington Post

Just 27 congressional Republicans acknowledge Joe Biden’s win over President Trump a month after the former vice president’s clear victory of more than 7 million votes nationally and a convincing electoral-vote margin that exactly matched Trump’s 2016 tally. Two Republicans consider Trump the winner despite all evidence showing otherwise. And another 220 GOP members of the House and Senate — about 88 percent of all Republicans serving in Congress — will simply not say who won the election. Those are the findings of a Washington Post survey of all 249 Republicans in the House and Senate that began the morning after Trump posted a 46-minute video Wednesday evening in which he wrongly claimed he had defeated Biden and leveled wild and unsubstantiated allegations of “corrupt forces” who stole the outcome from the sitting president. A team of 25 Post reporters contacted aides for every Republican by email and phone asking three basic questions — who won the presidential contest, do you support or oppose Trump’s continuing efforts to claim victory and if Biden wins a majority in the electoral college, will you accept him as the legitimately elected president — and also researched public statements made by the GOP lawmakers in recent weeks to determine their stance on Biden’s win.

Full Article: 220 congressional Republicans won’t say whether Biden or Trump won the election, Washington Post survey finds – The Washington Post

National: Trump loves to win but keeps losing election lawsuits | Alana Durkin Richer/Associated Press

For a man obsessed with winning, President Donald Trump is losing a lot. He’s managed to lose not just once to Democrat Joe Biden at the ballot box but over and over again in courts across the country in a futile attempt to stay in power. The Republican president and his allies continue to mount new cases, recycling the same baseless claims, even after Trump’s own attorney general declared the Justice Department had uncovered no widespread fraud. “This will continue to be a losing strategy, and in a way it’s even bad for him: He gets to re-lose the election numerous times,” said Kent Greenfield, a professor at Boston College Law School. “The depths of his petulance and narcissism continues to surprise me.” In an Associated Press tally of roughly 50 cases brought by Trump’s campaign and his allies, more than 30 have been rejected or dropped. About a dozen are awaiting action. Trump has notched just one small victory, a case challenging a decision to move the deadline to provide missing proof of identification for certain absentee ballots and mail-in ballots in Pennsylvania. Trump has refused to admit he lost, and this week posted a 46-minute speech to Facebook filled with conspiracies, misstatements and vows to keep up his fight to subvert the election. Five more losses came Friday. The Trump campaign lost its bid to overturn the results of the election in Nevada and the Michigan appeals court rejected a case from his campaign. The Minnesota Supreme Court dismissed a challenge brought by GOP lawmakers. And in Arizona, a judge threw out thrown out a bid to undo Biden’s victory there, concluding that the state’s Republican Party chairwoman failed to prove fraud or misconduct and that the evidence presented at trial wouldn’t reverse Trump’s loss. The Wisconsin Supreme Court also declined to hear a lawsuit brought by a conservative group over Trump’s loss.

Full Article: Trump loves to win but keeps losing election lawsuits

National: He did breakthrough work on hacking voting machines. Now he’s beloved by conspiracy trolls | Jeff Pillets/NJ Spotlight News

For right-wing commentators and conspiracy theorists challenging the 2020 election, it looked like the perfect get: a Princeton University professor who can hack a voting machine in seven minutes flat and flip an election without leaving a trace. The extraordinary research of computer scientist Andrew Appel helped fuel a wave of new laws that brought safer voting machines to states across the country. He’s appeared before Congress and has been an expert witness in landmark voting cases that led to electoral reform. Now, his work is being touted by the likes of Sean Hannity and featured in fact-free lawsuits seeking to overthrow the results of the 2020 election. The Trump campaign has gleefully weaponized Appel’s research as well, via misleading, baseless tweets that claim tens of thousands of votes were stolen. Appel, who chaired Princeton’s computer science department for six years, has published dozens of scholarly papers on arcane cyber topics ranging from “floating point proofs” to “deep specification” and “polymorphic lemmas.” His most recent paper is titled “Abstraction and Subsumption in Modular Verification of C Programs.” But it is Appel’s exposing the ability to hack paperless voting machines — identical to those still in use across New Jersey — that gets all the attention. In an interview with NJ Spotlight News, the bespectacled and soft-spoken academic appeared more amused than angry when asked about his scholarly work propping up the fantasies of Trump supporters.

Full Article: Hacking expert shrugs off the trolls | NJ Spotlight News

National: Trump’s false fraud claims are laying groundwork for new voting restrictions, experts warn | Jane C. Timm/NBC

Even before the final votes in the 2020 election were tallied, President Donald Trump sent his attorneys to court alleging voter fraud. When it became clear that he had lost to President-elect Joe Biden, his claims — and his campaign’s court filings — accelerated. Trump attacked cities with large shares of Black voters, who had come out in force for Biden, while his lawyers baselessly alleged a global conspiracy and filed dozens of suits in six states. The legal strategy failed in court after court — not a single incident of voter fraud has been proven in the lawsuits — but experts warn the narrative is laying the groundwork for disenfranchisement of voters across the country. “I don’t actually think that all of this leads to a different result in January, but I am really afraid about what Donald Trump is currently doing to the country for February and beyond,” said Justin Levitt, an election law expert and professor at Loyola Law School who worked at the Department of Justice during the Obama administration. Despite the large body of evidence that American elections are secure from both hacking and widespread voter fraud, federal and state politicians are already proposing new laws that will make it harder to vote.

Full Article: Trump’s false fraud claims are laying groundwork for new voting restrictions, experts warn

Here Are the Threats Terrorizing Election Workers | Michael Wines/The New York Times

In his urgent demand on Monday that President Trump condemn his angry supporters who are threatening workers and officials overseeing the 2020 vote, a Georgia elections official focused on an animated image of a hanging noose that had been sent to a young voting-machine technician. “It’s just wrong,” the official, Gabriel Sterling, a Republican, said at a news conference. “I can’t begin to explain the level of anger I have over this.” But the technician in Georgia is not alone. Far from it. Across the nation, election officials and their staff have been bombarded in recent weeks with emails, telephone calls and letters brimming with menace and threats of violence, the result of their service in a presidential election in which the defeated candidate’s most ardent followers have refused to accept the results. The noose may be approaching meme status among the recipients of the abuse. Amber McReynolds, the head of the National Vote at Home Institute, a nonprofit organization that promotes voting by mail, said she had experienced a spike in online threats since Election Day, when Mr. Trump ratcheted up false claims that fraudulent mail votes had cost him the election. One serial harasser on Twitter, she said, has been especially venomous. “He sent me a picture of a noose and said, ‘You’re a traitor to the American people,’” she said. “All because I run a nonprofit that tries to make voting by mail easier and more secure.” “I personally have gotten 10 or 12 of those — emails with the nooses, images of people who have been hung,” said the chief election official of one Western state, who refused to be named for fear of drawing even more threats. “They don’t reference anything you’re doing wrong. They’re just, ‘This election was stolen. We know you had something to do with it. We’re going to come for you.’”

Full Article: Here Are the Threats Terrorizing Election Workers – The New York Times

Rudy Giuliani took a road trip to push claims of election fraud. He was rebuffed | Nicholas Wu/USA Today

Seated in front of Michigan state lawmakers and a largely unmasked audience on Wednesday evening, President Donald Trump’s personal attorney Rudy Guiliani waved binders, floated baseless conspiracy theories and urged lawmakers to stop what he called the “theft of an election.” Just a day earlier in Washington, Attorney General William Barr had contradicted claims of malfeasance that Trump and Giuliani have promoted in their efforts to overturn the election won by President-elect Joe Biden. Barr told the Associated Press the Justice Department had not found evidence of widespread voter fraud. Michigan lawmakers were equally unreceptive to the claims of a stolen election, including the Republican legislators who had invited Giuliani to make his case. The lawmakers made clear the state had already certified Biden as the winner in Michigan and that the outcome wouldn’t change. The Lansing event was the latest stop on a postelection tour of battleground states – including Pennsylvania, Arizona and Michigan – that put Four Seasons Total Landscaping on the map. The Philadelphia landscaping company was the backdrop for a Nov. 7 event that made headlines because of conspiracy theories floated by the president’s legal team. In the courts, Trump’s legal team has faced blistering rebukes and a series of defeats.  With the legal effort headed toward a dead end, experts said the tour by Trump’s legal team may help fire up the president’s base while harming faith in the country’s election systems.

Full Article: Giuliani’s election claims rebuffed in Michigan, Arizona, Pennsylvania

National: Violent threats only make elections more vulnerable, experts fear | Joseph Marks/The Washington Post

A volley of violent threats against election workers will only make it harder to administer elections safely and securely in the future, experts fear. The threats, many of which were sparked by baseless claims of fraud by President Trump and his allies, could make it tougher to staff polling places. The threats could also make it harder for people who do show up to focus on the complexities of their work – or force officials to make election work less transparent and accessible because of security concerns. “The danger of intimidation is that it become a downward spiral,” Edward Perez, an executive at OSET Institute, a nonprofit election technology organization, told me. “Whether you have scared election officials who hunker down and are perceived as less accessible, or poll workers who don’t show up to staff polling places, the net effect can be an election that fewer people have confidence about. And that is a security issue,” said Perez, who formerly worked for Hart InterCivic, one of the top election machine vendors. … “Election work demands concentration, so existential distractions are a direct threat to that,” Mark Lindeman, interim co-director of the election security organization Verified Voting, told me. “Poll workers need to consistently conduct procedures the same way for every voter and also attend to unexpected concerns voters raise. That requires discipline and this is absolutely pushing in the wrong direction.”

Full Article: The Cybersecurity 202: Violent threats only make elections more vulnerable, experts fear – The Washington Post

National: New federal cybersecurity lead says ‘rumor control’ site will remain up through January | Maggie Miller/The Hill

Brandon Wales, the nation’s new top federal cybersecurity official, said Thursday that his agency intends to leave up its “rumor control” webpage that pushes back against election misinformation and disinformation until after the Georgia Senate runoff elections in January. Wales, who took over as acting director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) after former Director Christopher Krebs was fired by President Trump, said the webpage was “an important way for us to put out accurate information about the security of voting infrastructure.” “What I’ve told our staff is that our election security mission, particularly associated with the Protect 2020 effort, will continue until all the elections are complete,” Wales said at the Aspen Institute’s virtual Cyber Summit. “We will keep issuing rumor control entries as we think that the situation warrants it and where we can actually have an impact, and will we do that through the end of this cycle, which hopefully will happen sometime in early January,” he added. The Georgia Senate runoff elections, which will determine control of the Senate, are set to take place the first week of January.  CISA’s “rumor control” page was updated to include two new items Wednesday, with CISA detailing ballot protection efforts that prevent destruction, and outlining the lengthy process voting systems go through to be certified for use by state and federal testing programs. The website recently came under fire by President Trump, as the page helped to debunk voter fraud and election interference concerns Trump voiced in the days after the election.

Full Article: New federal cybersecurity lead says ‘rumor control’ site will remain up through January | TheHill

National: How Trump’s Hill allies could take one last shot to overturn the election | Kyle Cheney and Melanie Zonona/Politico

President Donald Trump’s arsenal for overturning the election will soon be down to one final, desperate maneuver: pressing his Republican allies on Capitol Hill to step in and derail Joe Biden’s presidency. Although the Electoral College casts the official vote for president on Dec. 14, it’s up to Congress to certify the results a few weeks later. And federal law gives individual members of the House and Senate the power to challenge the results from the floor — a rarely used mechanism meant to be the last of all last resorts to safeguard an election. But several House Republican lawmakers and aides now tell POLITICO they’re considering this option to aid Trump’s quest. “Nothing is off the table,” said Rep. Matt Gaetz (R-Fla.). Gaetz pointed out that in January 2017, a handful of House Democrats took this precise procedural step before their efforts flamed out during a joint session of Congress presided over by none other than Biden, then the outgoing vice president. “It is over,” Biden said at the time, gaveling down Democrats as Republicans cheered. This time, Vice President Mike Pence will be in the chair for any potential challenges — a potentially awkward scenario as his boss continues to deny the reality of the election he lost.

Full Article: How Trump’s Hill allies could take one last shot to overturn the election – POLITICO

National: Lawmakers Push to Preserve Pandemic Voting Access | Matt Vasilogambros/Stateline

Bolstered by a presidential election with the highest voter turnout in more than a century, state election officials and lawmakers—mostly Democrats, but also some Republicans—are working to codify many of the pandemic-specific changes that broadened ballot access over the past year. But officials who want to permanently expand mail-in voting and other changes still face an uphill battle in conservative-leaning states where many Republican lawmakers, already hostile to expanding voting access, are parroting President Donald Trump’s false claims of election fraud. Since Election Day, Democratic and Republican lawmakers in at least seven states have introduced legislation to expand ballot access by improving mail-in and early voting systems, according to an analysis by Stateline. Legislators in at least eight other states have said they plan to introduce similar bills. In three states, lawmakers have introduced measures to restrict mail-in voting. California Secretary of State Alex Padilla, a Democrat and one of the frontrunners to replace Vice President-elect Kamala Harris in the U.S. Senate, said in an interview with Stateline that he hopes many of these temporary changes will be made permanent nationwide. “We saw how successful the election was in all the states,” he said. “I’m hoping that is proof to the wisdom of these changes.”

Full Article: Lawmakers Push to Preserve Pandemic Voting Access | The Pew Charitable Trusts

National: GOP Officials Push Back On Trump’s Election Disinformation | Miles Parks/NPR

Republicans at the national level have mostly stayed quiet during President Trump’s month-long baseless crusade against November’s election results. But at the state and county level it’s been a different story. Local election administrators, most of whom are elected along partisan lines, are in charge of the nuts and bolts of voting in America’s decentralized elections system. In many cases, it’s been Republican officials who have held firm in their position that the results were not tainted by a widespread cheating scheme, despite a pressure campaign by the president unlike any in American history. “This was unprecedented scrutiny,” said Martha Kropf, an elections administration expert at the University of North Carolina Charlotte. “For two reasons: the amount of pressure that Donald Trump has been putting on the election officials, but also for the unprecedented amount of things those officials had to do to prepare for this election.” The officials Trump is targeting oversaw a shift towards more voting options this year to reduce the risk of people getting sick due to the pandemic.

Full Article: GOP Officials Push Back On Trump’s Election Disinformation : NPR

National: Pistols, a Hearse and Trucks Playing Chicken: Why Some Voters Felt Harassed and Intimidated at the Polls | Adriana Gallardo, Maryam Jameel and Ryan McCarthy/ProPublica

While the 2020 election went more smoothly than most had dared to hope, the Lawyers’ Committee for Civil Rights Under Law, a nonpartisan election protection group, nonetheless received a steady drumbeat of complaints to its hotline about voter intimidation and harassment during early voting and on Election Day. The reports described threats, overly aggressive electioneering,…

National: Calls for martial law and US military oversight of new presidential election draws criticism | Howard Altman , Davis Winkie , Sarah Sicard , Meghann Myers , and Leo Shane III/Military Times

The idea that the U.S. military would oversee a new nationwide presidential election — ordered under martial law by President Donald Trump — is “insane in a year that we didn’t think could get anymore insane,” a defense official tells Military Times. Yet retired Army Lt. Gen. Michael Flynn promoted that exact idea Tuesday evening when he tweeted a press release from an Ohio-based conservative political organization. Calling former Vice President Joe Biden’s Nov. 3 victory over Trump “fraudulent,” the Ohio-based “We The People Convention” took out a full-page ad in the Washington Times on Tuesday urging Trump to “immediately declare a limited form of Martial Law, and temporarily suspend the Constitution and civilian control of these federal elections, for the sole purpose of having the military oversee a re-vote.” The organization called for the revote to include only registered voters with photo IDs, to be limited to only paper ballots, to be hand counted and with members of both Democrat and Republican parties observing. “Unfortunately, we are at the point where we can only trust our military to do this because our corrupt political class and courts have proven their inability to act fairly and within the law,” the group argued. The White House did not respond to a request for comment about the call for martial law. But during a press briefing Wednesday afternoon, White House press secretary Kayleigh McEnany referred to Flynn as “a valiant hero who served his country both on the battlefield and then in government” but did not reference his calls for military action in response to the election results.

Full Article: Calls for martial law and US military oversight of new presidential election draws criticism

National: Krebs describes threats to election officials as ‘undermining democracy’ | Maggie Miller/The Hill

Christoper Krebs, the nation’s former top cybersecurity official, said Wednesday that recent threats against election officials were “undemocratic” and “undermined democracy.” “I’ve received death threats, a number of these officials have received death threats, and to me, there aren’t good words to describe how un-American and undemocratic it is that the actual individuals responsible for the process of this most sacred democratic institution of elections are the ones that are getting the blowback here,” Krebs, the former director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), said during a virtual event hosted by The Washington Post. “We are actively undermining democracy. We are actively undermining confidence in the electoral process,” Krebs said. Krebs was fired by President Trump last month after pushing back against Trump’s unsubstantiated claims of voter fraud and election interference through CISA’s “rumor control” webpage, and after CISA signed on to a statement with state and local officials calling the 2020 election the “most secure in American history.” His comments came two days after Joe diGenova, an attorney for Trump’s reelection campaign, appeared on “The Howie Carr Show” and called for Krebs to be “drawn and quartered” and “taken out at dawn and shot” due to Krebs’s comments backing the high security of the election. The attorney later walked back his comments and said they were made “in jest,” according to a statement given to the National Review, though Krebs in a separate interview on NBC’s “Today” threatened legal action.”

Source: Krebs describes threats to election officials as ‘undermining democracy’ | TheHill

National: Trump Delivers 46-Minute Diatribe on the ‘Rigged’ Election From White House | Michael D. Shear/The New York Times

President Trump on Wednesday released a 46-minute videotaped speech that denounced a “rigged” election and was filled with lies the day after his own attorney general joined election officials across the country in attesting to his defeat. Mr. Trump recorded what he said “may be the most important speech I’ve ever made” in the Diplomatic Room of the White House and delivered it behind a lectern bearing the presidential seal. He then posted a two-minute version on Twitter, with a link to the full version on his Facebook page. The president once again refused to concede defeat in his bid for re-election almost a month after Election Day, repeating a long list of false assertions about voter fraud and accusing Democrats of a conspiracy to steal the presidency. Twitter quickly labeled the post “disputed.” Facebook added a note that President-elect Joseph R. Biden Jr., who received almost 81 million votes and 306 electoral votes, is the projected winner of the election. The video, which a White House official said was recorded last week, was the in-person embodiment of Mr. Trump’s staccato tweets over the past three weeks: one falsehood after another about voting irregularities in swing states, attacks on state officials and signature verifications, and false accusations against Democrats. The president’s rambling assertions in the video were drastically undercut on Tuesday, when Attorney General William P. Barr told The Associated Press that despite inquiries by the Justice Department and the F.B.I., “to date, we have not seen fraud on a scale that could have effected a different outcome in the election.”

Full Article: Trump Delivers 46-Minute Diatribe on the ‘Rigged’ Election From White House – The New York Times.

 

 

National: Election officials warn Trump’s escalating attacks on voting are putting their staffs at risk | Michelle Ye Hee Lee and Emma Brown/The Washington Post

Intensifying attacks on the integrity of the vote by President Trump and his allies are fueling deep alarm among state and local officials, who have watched with dread in recent weeks as election workers have been targeted by fast-spreading conspiracy theories. They echoed calls by Gabriel Sterling, a top Republican election official in Georgia who on Tuesday urged Trump and other GOP politicians to tamp down their baseless claims of widespread fraud. In an impassioned statement, Sterling blamed the president for “inspiring people to commit potential acts of violence.” He noted that a 20-year-old contractor for Dominion Voting Systems has been besieged with online attacks after QAnon supporters falsely claimed a video showed him manipulating voting data, when he was in fact simply using a computer and thumb drive. Similar threats have cropped up across the country since Election Day. In Arizona, authorities are investigating calls for violence against the family and staff of Secretary of State Katie Hobbs (D). In Vermont, state election officials received multiple voice mails Tuesday from an individual who urged violence against the staff — including execution by firing squad, according to the secretary of state’s office. “When it rises to the level of obscenities being shouted at my staff on a regular basis, or threats of physical violence, it has gone too far,” Vermont Secretary of State Jim Condos (D) said in a statement to The Washington Post. “The conspiracy theories and unfounded rhetoric being pushed by the President and his team only serve to inspire this dangerous behavior, and deepen the divide between the American people — THIS HAS TO STOP.”

Full Article: Election officials warn Trump’s escalating attacks on voting are putting their staffs at risk – The Washington Post

National: For Trump supporters primed to disbelieve defeat, challenging the election was a civic duty | Dennis Wagner, Ryan Miller, Nick Penzenstadler, Kevin McCoy, and Donovan Slack/USA Today

In the days after the election, Trump’s allies and attorneys mobilized to stop the counting, delay certification of the results and challenge the legitimacy of ballots. People like Seely provided statements about what they saw, heard and suspected. These statements were the foundation upon which the lawsuits were built. In Michigan, Arizona, Pennsylvania and Georgia – all swing states – they swore they had witnessed poll workers filling out blank ballots, changing votes, processing and backdating flawed ballots, delivering suspicious trunks to counting rooms and blocking, ignoring or intimidating GOP monitors. Many of those allegations crumbled under scrutiny. Their beliefs have not. Those who submitted statements under penalty of perjury reflect a cross-section of America: blue- and white-collar workers, homemakers, retirees, students, military personnel. Their statements generally seem sincere and straightforward.

Full Article: Meet the Americans involved in Trump lawsuits challenging the election

National: Army Hits Back Against False Claim that Soldiers Died in CIA Op to Nab Election Servers | Gina Harkins/Military.com

A retired Air Force three-star general reignited baseless conspiratorial claims about U.S. troops’ involvement in clandestine missions in the wake of the presidential election — claims an Army official said are 100% false. No Special Forces soldiers were killed while seizing computer servers in Germany as part of a CIA operation after the presidential election. There was, in fact, no mission of the sort. And members of the 305th Military Intelligence Battalion are not “the Kraken” that an attorney for President Donald Trump said last month she’d be unleashing. The unit is not involved in any post-election missions supporting the White House — a move that would be highly unlikely considering it’s an entry-level training battalion where new soldiers who haven’t yet picked up their military occupational specialty are assigned. “The allegations are false,” an Army official told Military.com. Retired Lt. Gen. Thomas McInerney made the claims last weekend on a show hosted by Brannon Howse on the far-right WVW Broadcast Network, which streamed the discussion on YouTube. The claims quickly spread on social media, with users tying the retired general’s comments to unsubstantiated allegations of fraud during November’s presidential election. WVW Broadcast Network did not respond to requests for comment from McInerney or Howse. The network also did not respond to questions about whether it would issue a correction about the claims made about soldiers dying in Germany or picking up missions for the CIA and White House.

Full Article: Army Hits Back Against False Claim that Soldiers Died in CIA Op to Nab Election Servers | Military.com

More and More Republican Officials Are Standing Up to Trump and His Effort to Overturn the Election | Richard L. Hasen/Slate

On Monday, Arizona Gov. Doug Ducey added his name to the list of Republican officials who have acted admirably to uphold the rule of law following President Donald Trump’s unprecedented attacks on the election, appearing to ignore a phone call from the White House while certifying his state’s critical 11 Electoral College votes for President-elect Joe Biden. Along with a number of Federalist Society-aligned judges, other GOP governors, and lower-ranking Republican election officials, Ducey and others have earned this praise in the wake of Trump’s ongoing—and ultimately futile—effort to overturn the 2020 election. We can thank principled people on the right for helping to assure that we will have a peaceful transition of power between Trump and Biden. And given the extremely dangerous rhetoric still coming from some high-profile Trump supporters—including suggestions that the president declare martial law, call off elections, or have former government officials who have vouched for the election’s integrity shot—those with progressive politics and democratic ideals need the continued support of ideological adversaries who are similarly committed to the rule of law. The last few months have been surreal for those of us in the business of analyzing American election law and explaining it to the public. Never before have we had a president or presidential candidate who has consistently made false and outrageous claims of vote rigging and election fraud. Trump’s false claims did not stop after it became apparent that Joe Biden had rather comfortably won election in the Electoral College by a 306–232 margin (and with at least a 6 million popular vote margin). They did not stop when Trump lost almost every single one of his election-related lawsuits around the country. And they likely won’t stop when Trump leaves office in January. Trump has convinced millions of his most ardent supporters that the election was stolen, and this will help to delegitimize the Biden presidency in their eyes. Although Trump’s attempts to overturn the election have been sometimes comically bad and based upon either unproven claims of fraud and irregularities or outlandish legal theories, the reason that these outrageous claims did not work is that most people across the political spectrum who play a role in the counting of ballots and in certifying the results have complied with the rule of law.

Full Article: The Republican officials who have gone against Trump.

National: Trump voter fraud claims target counties with more Black, Latino votes | Kristine Phillips/USA Today

In courtrooms across the country, judges have issued one withering rebuke after another, rejecting President Donald Trump’s campaign’s efforts to invalidate millions of votes and cast doubt on the election he lost. By Monday, all swing states had certified Democrat Joe Biden’s victory, even as the president and his allies continued to challenge the results. To many, the series of events proved that the election system survived an unprecedented challenge. Yet some fear the damage to democracy has been done, particularly to communities of color. Trump and his allies have spent weeks telling the public that massive voter fraud and irregularities occurred in big cities and counties with large populations of Black and Latino voters. These sweeping allegations raised concerns among voting rights experts that the president is perpetuating a harmful perception: that voters of color are the culprit in an unfounded – but widely believed – conspiracy to rig the election, and their votes should be invalidated. Trump’s effort to blame cities, such as Detroit and Philadelphia, ignores a critical point: Suburbs and exurbs in swing states propelled Biden to victory – not urban centers, where Trump won more votes than he did four years ago.

Full Article: Trump voter fraud claims target counties with more Black, Latino votes