National

Vice President Pence and his team have huddled for hours with the Senate parliamentarian. They have studied historical examples of other vice presidents who have presided over election results. And they have begun anticipating the ire of President Trump — likely to come in the form of angry tweets — in the aftermath of Wednesday’s certification of the electoral college vote count before a joint session of Congress. The role of Pence, who will preside over the certification, is largely ceremonial, one of the few official duties of the vice president in his capacity as president of the Senate. But Trump’s continued and baseless insistence that he won the 2020 presidential election has thrust Pence into a vise between the Constitution he swore to uphold and the president he has promised his fealty. Pence’s performance Wednesday in the Senate chamber will serve as a fitting coda for a vice president who — through a combination of deference, obsequiousness and studied self-effacement — has made navigating the whims and loyalty requirements of his mercurial boss a full-time pursuit. Pence’s team views the vice president’s role as procedural and limited, not unlike an umpire calling balls and strikes but ultimately hemmed in by the rules of the game. Trump, meanwhile, has expressed a desire for Pence to use Wednesday’s session to overturn the election results and snatch victory from President-elect Joe Biden — a stunning subversion of democracy that Pence has no authority to carry out, even if he so desired.

Full Article: After years of fealty, Pence prepares for a final performance likely to anger Trump – The Washington Post

National: Trump Says Pence Can Overturn His Loss in Congress. That’s Not How It Works. | Michael S. Schmidt/The New York Times

President Trump on Tuesday escalated his efforts to force Vice President Mike Pence to overturn President-elect Joseph R. Biden Jr.’s victory, falsely asserting that Mr. Pence had the power to unilaterally throw out electoral votes on Wednesday when Congress meets to certify the election results. But there is nothing in the Constitution or the law that explicitly gives a vice president that power, and aides close to Mr. Pence, who concede that he is facing a politically perilous moment, are convinced he will follow the normal procedures and confirm Mr. Biden’s election. Still, most agree that Wednesday promises to be a long and confusing day on Capitol Hill — and a potentially agonizing one for Mr. Pence — as Mr. Trump’s Republican allies move to challenge Mr. Biden’s victory and force at least three votes on the matter, all expected to fail. The proceeding will test what had long been considered little more than a paperwork exercise in American democracy: the official count by Congress of electoral votes. The vice president’s role is to be the master of ceremonies rather than arbiter of the outcome, declaring the winner based on who has the most electoral votes. But despite Mr. Trump’s clear loss to Mr. Biden, the president and a group of loyalist House and Senate Republicans are plotting to upend the process by objecting to the certification of several states. Lacking the votes to prevail, Mr. Trump is now pressuring Mr. Pence to take matters into his own hands to delay the vote tabulation or alter it in Mr. Trump’s favor.

Full Article: Trump Pressures Pence to Reject Electoral Votes – The New York Times

National: Trump leans harder on Pence to flip election results, even though he lacks that power | Shannon Pettypiece, Monica Alba, Alex Moe and Kristen Welker/NBC

President Donald Trump turned up the pressure Tuesday to enlist Vice President Mike Pence in a futile effort to reverse the presidential election and keep them in office for four more years. With a president who has excelled at remaining the focus of Washington, Pence has largely played the role of quiet support character, never publicly rebuking his boss and sticking to his script with unwavering consistency. But Trump’s effort to keep from being evicted from the White House on Jan. 20 has pushed Pence into the limelight and left him in a position that a person close to Trump said he is “dreading.” Pence has a constitutional role in officially making President-elect Joe Biden the commander-in-chief. On Wednesday, he will be responsible for overseeing Congress’ count of the Electoral College votes submitted by the states. A group of Republican lawmakers have announced that they plan to object, although they are unlikely to succeed in throwing out the Biden votes.

Full Article: Trump leans harder on Pence to flip election results, even though he lacks that power

National: Pence Said to Have Told Trump He Lacks Power to Change Election Result | Maggie Haberman and Annie Karni/The New York Times

Vice President Mike Pence told President Trump on Tuesday that he did not believe he had the power to block congressional certification of Joseph R. Biden Jr.’s victory in the presidential election despite Mr. Trump’s baseless insistence that he did, people briefed on the conversation said. Mr. Pence’s message, delivered during his weekly lunch with…

National: With brazen assault on election, Trump prompts critics to warn of a coup | David Nakamura/The Washington Post

During four years in office, President Trump has trampled political norms, attacked democratic institutions, sought to discredit government agencies, peddled baseless conspiracy theories and been impeached by the House. Since his defeat in the November election, Trump’s critics have warned that his scorched-earth effort to invalidate the outcome amounts to a new level of danger: the first attempted coup d’etat in U.S. history to illegally maintain power. The chorus of alarm grew this week after the disclosure that Trump bullied and threatened Georgia Secretary of State Brad Raffensperger in an hour-long private phone call Saturday, during which the president demanded that Raffensperger find thousands of votes for Trump that do not exist. On social media, conservative and liberal pundits alike used the word “coup.” So did former George W. Bush aide Nicolle Wallace, Trump biographer Timothy L. O’Brien, political analyst Larry Sabato and Garry Kasparov, the Russian chess grandmaster and founder of the Renew Democracy Initiative. The Atlantic, the New Yorker, the Nation, Vanity Fair, New York magazine and the BBC have invoked the term to explore the ramifications of Trump’s assault on the nation’s democratic foundations.

Full Article: Trump’s assault on election prompts critics to warn of a coup – The Washington Post

National: Cleta Mitchell, Lawyer on Trump Election Call, Quits Firm After Uproar | Michael S. Schmidt and Maggie Haberman/The New York Times

A lawyer advising President Trump in recent weeks has resigned from her law firm after it was revealed that she participated in the call where Mr. Trump pressured Georgia officials to help him reverse the state’s election results, the firm said in a statement on Tuesday. The lawyer, Cleta Mitchell, has been advising Mr. Trump despite a policy at her firm, Foley & Lardner, that none of its lawyers should represent clients involved in relitigating the presidential election. “Cleta Mitchell has informed firm management of her decision to resign from Foley & Lardner effective immediately,” the firm said in its statement. “Ms. Mitchell concluded that her departure was in the firm’s best interests, as well as in her own personal best interests. We thank her for her contributions to the firm and wish her well.” Ms. Mitchell’s resignation was the latest evidence of the problems Mr. Trump has created for law firms throughout his time in office, as their employees and clients object to ties with the president. In an email to her clients and friends, Ms. Mitchell blamed her departure on “a massive pressure campaign in the last several days mounted by leftist groups via social media and other means against me, my law firm and clients of the law firm.” She vowed to “redouble” her efforts on what she called “election integrity.”

Full Article: Lawyer on Trump Election Call Quits Firm After Uproar – The New York Times

MAGA marchers plot final D.C. stand on Jan. 6 | Tina Nguyen/Politico

Since Election Day, President Donald Trump’s followers have marched on state capitol buildings and the Supreme Court, protesting the election results. They have demonstrated in front of vote-counting centers, filed lawsuits and floated illogical conspiracy theories. Now, those efforts will come to a head on Wednesday, when the most zealous members of MAGA nation — activists, fans and militia groups — plan to rally one more time in Washington in a dying attempt to keep President Donald Trump in the White House. Timed to the day when Congress will formally certify President-elect Joe Biden’s win, the MAGA crowd is trying to pressure Vice President Mike Pence and Republican lawmakers to refuse to seat Biden over fabricated voter-fraud claims. It’s a doomed plan, given the makeup of Congress, the absent evidence behind the rigged election allegations and the fact that every important state has already certified Biden’s win. Yet that hasn’t stopped a swell of Trump supporters from making plans — and the president from teasing his own appearance. According to disinformation and extremist researchers, the Jan. 6 gathering will look similar to November’s Million MAGA March — a mashup of garden-variety Trump supporters and more extreme members of the far right, with no apparent central organizing apparatus. Stop the Steal, a group affiliated with pro-Trump super PACs and allies of Trump adviser Roger Stone, has filed for permits and plans to protest outside the Capitol, but other groups have also claimed to be the true official planners. There’s one key difference with this march, however. After weeks of failed lawsuits, flailing investigations and Republicans unhitching themselves from Trump’s quest to keep the presidency, the Wednesday rally might be the last one while there’s still a plan — even if it’s an ill-fated one — to subvert the election.

Full Article: MAGA marchers plot final D.C. stand on Jan. 6 – POLITICO

National: Republican plan to stall certification of Biden’s win could hurt future election security, experts say | Tonya Riley/The Washington Post

Full Article: The Cybersecurity 202: Republican plan to stall certification of Biden’s win could hurt future election security, experts say – The Washington Post

Nearly a dozen Republican senators are following Sen. Ted Cruz’s lead and threatening to not certify Joe Biden’s win until Congress launches a 10-day audit of the 2020 election based on President Trump’s baseless allegations of voting fraud. Election and legal experts say the last-ditch effort to stall Joe Biden’s win is unlikely to succeed. Even if it did, it would almost certainly fail to change the results of the 2020 election. But the effort could have lasting implications for election integrity in future votes. “It could certainly throw another wrench in our democracy and undermine voter confidence in our elections,” David Levine, elections integrity fellow at the Alliance for Securing Democracy, told me. Elevating false allegations – especially after the courts have roundly dismissed the election challenges – plays right into the hands of foreign adversaries while undermining trust in local and state election officials, who stand by election results, experts say. The intelligence community and former attorney general William P. Barr said there was no evidence of widespread election fraud or foreign interference that altered the results of the 2020 election. Election officials called it “the most secure in American history.” “This is not going to stop Joe Biden and Kamala D. Harris from taking the oath. The legal and factual arguments are flimsy and laughable,” said Michael Waldman, the president of the Brennan Center for Justice at New York University School of Law. “But it reinforces the idea for millions of people that there was something wrong with the election.”

National: Alexander Keyssar, leading historian of U.S. democracy, issues an urgent warning | Greg Sargent/The Washington Post

President Trump’s extraordinary effort to browbeat the Georgia secretary of state into rigging the election for him reveals more than just a deranged, desperate man potentially willing to commit crimes to overturn his loss. It also crystallizes the true nature of what will unfold on Wednesday, when dozens of congressional Republicans will join Trump’s effort by objecting to Joe Biden’s electors. This quest to overturn millions of votes in numerous states will fail when the Democratic House scuttles those objections. You’d think many of them would now refrain from challenging Biden’s electors. You’d think the appalling contempt for democracy driving Trump’s effort is now so glaringly clear that they would want no association with it, or would see refraining as a way to demonstrate that this latest lawless display is intolerable. But that’s extremely unlikely. Which raises a question: In a future presidential election, if Republicans control both chambers of Congress and similar objections are brought against a victorious Democrat’s electors, mightn’t they succeed in invalidating them? “It’s become a lot easier to envision that in the last month,” Alexander Keyssar, the leading historian of U.S. democracy, told me. “I find this to be very worrisome — very disturbing.”

Full Article: Opinion | Alexander Keyssar, leading historian of U.S. democracy, issues an urgent warning – The Washington Post

National: All Pence Can Do Is Count | Alan Charles Raul and Richard Bernstein/Wall Street Journal

Texas Rep. Louie Gohmert has argued that the Electoral Count Act of 1887 is unconstitutional. Therefore, he claims, Vice President Mike Pence is empowered by the 12th Amendment to reject 73 Biden-Harris electoral votes from five states when Congress meets to certify the 2020 election results on Jan. 6. A dozen Republican senators and many more House members also argue that Congress has this power. They are all wrong. Neither the vice president nor Congress has the power to reject electoral votes. This is because the 12th Amendment vests no power in the vice president or Congress to judge who won a state’s electoral votes when the authorized branches of the state’s government agree, as they do here, on which electors won. The 12th Amendment left intact the Constitution’s Electors Clause. As the Supreme Court’s three originalist justices wrote in Bush v. Gore (2000), under the Electors Clause, each state’s legislature by statute makes the exclusive “apportionment of responsibility” to state officials to “oversee election disputes” that decide which presidential ticket won the most votes in that state. Election officials and courts from each of the five states in question did exactly that. And by Dec. 14, the states certified that the electors who won were those who voted for Biden-Harris. All the 12th Amendment says is that in a joint session of Congress on Jan. 6, “the [electoral] votes shall then be counted.” The word “counted” provides no basis for anyone to override anything. When a person counts the number of games his favorite team has won, that person has no power to alchemize losses into wins.

Full Article: All Pence Can Do Is Count – WSJ

National: Dominion Voting Systems CEO plans to sue Sidney Powell imminently | Joseph Choi/The Hill

Dominion Voting Systems CEO John Poulos told Axios on Monday that his company plans on suing former Trump campaign lawyer Sidney Powell imminently for defamation over her claims about its voting machines. “Our focus right now is on Sidney Powell, and there’s very good reason for that. She is by far in our opinion the most egregious and prolific purveyor of the falsities against Dominion. Her statements have caused real damage. They’re demonstrably false,” Poulos said. Powell, formerly part of President Trump‘s team seeking to overturn the 2020 election, has baselessly claimed that Dominion’s algorithm flipped votes and that the company paid Georgia GOP officials to stay quiet on the alleged scheme. “We were originally quiet and we sat back as a company,” he added. “Because our hope was that all of these claims would be filed in a process in court where procedure and evidence is important. And it’s become clear to us that there is absolutely no interest to reveal this evidence because we know it doesn’t exist. And there’s no effort to actually put it in front of the court proceedings so that these allegations and all of the evidence can follow a proper process and be litigated right to the end.” When asked by Axios’s Dan Primack when the lawsuit would be filed, Poulos said, “It’s imminent.” A Dominion spokesperson speaking to The Hill confirmed that a lawsuit would be filed, possibly as soon as this week.

Full Article: Dominion Voting Systems CEO plans to sue Sidney Powell imminently | TheHill

National: Trump’s Insurgency From Inside the Oval Office | Peter Baker/The New York Times

President Trump’s relentless effort to overturn the result of the election that he lost has become the most serious stress test of American democracy in generations, one led not by outside revolutionaries intent on bringing down the system but by the very leader charged with defending it. In the 220 years since a defeated John Adams turned over the White House to his rival, firmly establishing the peaceful transfer of authority as a bedrock principle, no sitting president who lost an election has tried to hang onto power by rejecting the Electoral College and subverting the will of the voters — until now. It is a scenario at once utterly unthinkable and yet feared since the beginning of Mr. Trump’s tenure. The president has gone well beyond simply venting his grievances or creating a face-saving narrative to explain away a loss, as advisers privately suggested he was doing in the days after the Nov. 3 vote. Instead, he has stretched or crossed the boundaries of tradition, propriety and perhaps the law to find any way he can to cling to office beyond his term that expires in two weeks. That he is almost certain to fail and that President-elect Joseph R. Biden Jr. will be inaugurated on Jan. 20 does not mitigate the damage he is doing to democracy by undermining public faith in the electoral system. Mr. Trump’s hourlong telephone call over the weekend with Georgia’s chief election official, Brad Raffensperger, pressuring him to “find” enough votes to overturn Mr. Biden’s victory in that state only brought into stark relief what the president has been doing for weeks. He has called the Republican governors of Georgia and Arizona to get them to intervene. He has summoned Michigan’s Republican Legislature leaders to the White House to pressure them to change their state’s results. He called the Republican speaker of the Pennsylvania House multiple times seeking help to reverse the outcome there. Mr. Trump and his staff have floated the idea of delaying Mr. Biden’s inauguration, even though it is set in stone by the Constitution, and the president met with a former adviser who has publicly urged him to declare martial law to “rerun” the election in states he lost. Mr. Trump’s erratic behavior has so alarmed military commanders who fear he might try to use troops to stay in the White House that every living former defense secretary — including two he appointed himself — issued a warning against the armed forces becoming involved.

Full Article: Trump’s Insurgency From Inside the Oval Office – The New York Times

National: Cleta Mitchell, a key figure in president’s phone call, was an early backer of Trump’s voter fraud claims | Michael Kranish and Tom Hamburger/The Washington Post

On Nov. 7, the day that major media organizations projected Joe Biden had won the presidency, Republican attorney Cleta Mitchell appeared on Fox News with her own projection: The election was far from over. “We’re already double checking and finding dead people having voted, we’re going to be finding people have voted across state lines, voted in two states, illegal voting, noncitizens and that sort of thing. So we are building that case,” Mitchell said, referring to the work of the Trump campaign’s legal team and foreshadowing many of its claims of fraud. In the following days, Mitchell took particular aim at Biden’s win in Georgia, tweeting that the state’s recount was a “total sham” and “A FAKE!!!” She wrote that the effort was “cover for the SOS,” referring to Secretary of State Brad Raffensperger. Responding to criticism of her appearance, she tweeted, “Happy to be considered a nut job because I believe in the rule of law.” Mitchell largely stayed out of the spotlight in the following weeks as legions of lawyers for the Trump campaign failed in high-profile court cases across the country to get the election overturned. Behind the scenes, however, her role had escalated to the point that when President Trump on Saturday made a last-ditch phone call to get Raffensperger to “find” thousands of votes for him, it was the Washington-based Mitchell who emerged as a key player. It wasn’t the first time Mitchell alleged election fraud. In a case that foreshadowed her work for Trump, Mitchell worked for the campaign of Sharron Angle, who ran against Sen. Harry M. Reid of Nevada in 2010. Mitchell wrote a letter soliciting campaign contributions, alleging that “Reid intends to steal this election if he can’t win it outright….Understand, EVERYTHING we have worked for in the last year could be destroyed by dirty tricks and criminal acts.”

Full Article: Cleta Mitchell, a key figure in president?s phone call, was an early backer of Trump?s voter fraud claims – The Washington Post

‘I just want to find 11,780 votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor | Amy Gardner/The Washington Post

Read the full transcript of the Trump-Raffensperger call

President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in an extraordinary one-hour phone call Saturday that legal scholars described as a flagrant abuse of power and a potential criminal act. The Washington Post obtained a recording of the conversation in which Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, at one point warning that Raffensperger was taking “a big risk.” Throughout the call, Raffensperger and his office’s general counsel rejected Trump’s assertions, explaining that the president is relying on debunked conspiracy theories and that President-elect Joe Biden’s 11,779-vote victory in Georgia was fair and accurate. Trump dismissed their arguments. “The people of Georgia are angry, the people of the country are angry,” he said. “And there’s nothing wrong with saying, you know, that you’ve recalculated.” Raffensperger responded: “Well, Mr. President, the challenge that you have is, the data you have is wrong.” At another point, Trump said: “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”

Full Article: Trump pressures Georgia’s Raffensperger to overturn his defeat in extraordinary call – The Washington Post

National: As Understanding of Russian Hacking Grows, So Does Alarm | David E. Sanger, Nicole Perlroth and Julian E. Barnes/The New York Times

On Election Day, General Paul M. Nakasone, the nation’s top cyberwarrior, reported that the battle against Russian interference in the presidential campaign had posted major successes and exposed the other side’s online weapons, tools and tradecraft. “We’ve broadened our operations and feel very good where we’re at right now,” he told journalists. Eight weeks later, General Nakasone and other American officials responsible for cybersecurity are now consumed by what they missed for at least nine months: a hacking, now believed to have affected upward of 250 federal agencies and businesses, that Russia aimed not at the election system but at the rest of the United States government and many large American corporations. Three weeks after the intrusion came to light, American officials are still trying to understand whether what the Russians pulled off was simply an espionage operation inside the systems of the American bureaucracy or something more sinister, inserting “backdoor” access into government agencies, major corporations, the electric grid and laboratories developing and transporting new generations of nuclear weapons. At a minimum it has set off alarms about the vulnerability of government and private sector networks in the United States to attack and raised questions about how and why the nation’s cyberdefenses failed so spectacularly. Those questions have taken on particular urgency given that the breach was not detected by any of the government agencies that share responsibility for cyberdefense — the military’s Cyber Command and the National Security Agency, both of which are run by General Nakasone, and the Department of Homeland Security — but by a private cybersecurity company, FireEye.

Full Article: As Understanding of Russian Hacking Grows, So Does Alarm – The New York Times

National: ‘Traitors and patriots’: Republican push to keep Trump in power seems doomed | Martin Pengelly/The Guardian

All 12 Republican senators who have pledged not to ratify the electoral college results on Wednesday, and thereby refuse to confirm Joe Biden’s resounding victory over Donald Trump in the presidential election, declined to defend their move on television, a CNN host said on Sunday. “It all recalls what Ulysses S Grant once wrote in 1861,” Jake Tapper said on State of the Union, before quoting a letter the union general wrote at the outset of a civil war he won before becoming president himself: ‘There are [but] two parties now: traitors and patriots.’ “How would you describe the parties today?” Tapper asked. The attempt to overturn Trump’s defeat seems doomed, a piece of political theatre mounted by party grandees eager to court supporters loyal to the president before, in some cases, mounting their own runs for the White House. Nonetheless on Saturday Ted Cruz of Texas and Ron Johnson of Wisconsin led 11 senators and senators-elect in calling for “an emergency 10-day audit” of results in states where the president claims electoral fraud, despite failing to provide evidence and repeatedly losing in court. The senators followed Josh Hawley of Missouri – like Cruz thought likely to run for president in 2024 – in pledging to object to the electoral college result. A majority of House Republicans are also expected to object, after staging a Saturday call with Trump to plan their own moves.

Full Article: ‘Traitors and patriots’: Republican push to keep Trump in power seems doomed | Donald Trump | The Guardian

National: Trump Call to Georgia Official Might Violate State and Federal Law | Eric Lipton/The New York Times

The call by President Trump on Saturday to Georgia’s secretary of state raised the prospect that Mr. Trump may have violated laws that prohibit interference in federal or state elections, but lawyers said on Sunday that it would be difficult to pursue such a charge. The recording of the conversation between Mr. Trump and Secretary of State Brad Raffensperger of Georgia, first reported by The Washington Post, led a number of election and criminal defense lawyers to conclude that by pressuring Mr. Raffensperger to “find” the votes he would need to reverse the election outcome in the state, Mr. Trump either broke the law or came close to it. “It seems to me like what he did clearly violates Georgia statutes,” said Leigh Ann Webster, an Atlanta criminal defense lawyer, citing a state law that makes it illegal for anyone who “solicits, requests, commands, importunes or otherwise attempts to cause the other person to engage” in election fraud. At the federal level, anyone who “knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of a state of a fair and impartially conducted election process” is breaking the law. Matthew T. Sanderson, a Republican election lawyer who has worked on several presidential campaigns — including those of Senator Rand Paul of Kentucky and Rick Perry, the former Texas governor — said that while it did appear that Mr. Trump was trying to intimidate Mr. Raffensperger, it was not clear that he violated the law.

Full Article: Trump Call to Georgia Official Might Violate State and Federal Law – The New York Times

National: Will 2020’s vote lead to more federal oversight in US elections? | Joseph Stepansky/Al Jazeera

The dust is settling in a United States presidential election conducted in the face of an unprecedented health crisis and a misinformation campaign like none other in history.The 2020 contest has again shone a spotlight on one of the most decentralised election systems in the world and prompted renewed calls for increased election uniformity across the country. In the US, national elections – those for president and Congress – are administered by local and county officials, typically following policies and procedures set by the state. As noted by the National Conference of State Legislatures (NCSL), these systems developed “organically” within the particular context of each state “and there is quite a bit of variation in election administration even within states”. In some ways, the 2020 elections made clear the importance of having authority spread out across the country amid President Donald Trump’s widespread campaign to the results.

Full Article: Will 2020’s vote lead to more federal oversight in US elections? | US Elections 2020 News | Al Jazeera

National: Defamation Law Can Slow the Plague of Fake News – Challenging falsehoods about voting machines is a good place to start | Cass R. Sunstein/Bloomberg

Misinformation and fake news are now threatening public health and endangering democracy itself. What might help contain the problem? Part of the answer lies in a very old remedy: the law of defamation. To see how this might work, consider the situation of Smartmatic and Dominion Voting Systems, two companies that provide software and other services for electronic voting machines. President Donald Trump’s lawyer, Rudy Giuliani, has publicly attacked both companies, suggesting that outcomes in “Michigan, Arizona and Georgia and other states” were affected by “SMARTMATIC, who was really doing the computing. Look up SMARTMATIC and tweet me what you think?” Commentators for Fox News, Newsmax and One America News have implied or suggested that the companies’ technologies have changed votes. Yet Smartmatic says it has done hardly any business in the U.S. since 2007, and in the 2020 election, it did none at all in Michigan, Arizona and Georgia. In response to the false attacks on his company, Antonio Mugica, Smartmatic’s CEO, has retained a noted defamation lawyer, J. Erik Connolly, who has demanded retractions from Fox, Newsmax and One America News, and threatened the possibility of a lawsuit. Connolly knows just what he is doing: “We’ve gotten to this point where there’s so much falsity that is being spread on certain platforms, and you may need an occasion where you send a message, and that’s what punitive damages can do in a case like this.”

Full Article: Fake News About Voting Machines Can Be Challenged – Bloomberg

National: ‘Exercise in futility’: Republicans lambaste Hawley’s push to challenge election | Burgess Everett/Politico

Multiple Senate Republicans unloaded on an effort led by Sen. Josh Hawley to challenge Joe Biden’s election victory as the party hurtles toward its most consequential confrontation with Donald Trump of his entire presidency. Hawley (R-Mo.) denied that he was trying to overturn the election by challenging the certification of at least one state and forcing the Senate into an up-or-down vote on Biden’s wins. He said he was merely trying to voice his frustration with the election results, arguing this is his one chance “to stand and be heard.” But some of his colleagues are thoroughly unimpressed. “I think it’s awful. I am going to support my oath to the Constitution. That’s the loyalty test here,” said Sen. Lisa Murkowski (R-Alaska). Sen. Mitt Romney (R-Utah) called Hawley’s move “disappointing and destructive. And borrowing from Ben Sasse it’s ambition pointing a gun at the head of democracy.” Sasse (R-Neb.) said this week that “adults don’t point a loaded gun at the heart of legitimate self-government.” “I’m going to vote to certify the election,” said Sen. Roger Wicker (R-Miss.) of Hawley’s effort. “I don’t think it’s a good idea and I don’t understand his reasoning.” Already it’s become clear the effort will fail given the public opposition from those senators and others like Sens. Shelly Moore Capito (R-W.Va.), Susan Collins (R-Maine) and Richard Burr (R-N.C.), who flatly said “no” Friday when asked if he would join Hawley. A simple majority is enough to certify Biden’s win, and there are 48 Senate Democrats. But the vote on Jan. 6 to certify Biden’s win is viewed within the GOP as a painful litmus test. Republicans either risk blowback or a primary challenge by approving Biden’s win amid Trump’s baseless claims of widespread fraud, or they can align themselves with Trump’s attempt to subvert the election results.

Full Article: ‘Exercise in futility’: Republicans lambaste Hawley’s push to challenge election – POLITICO

National: Ex-GOP Speaker Ryan denounces effort to challenge Electoral College results | Zach Budryk/The Hill

Former Speaker Paul Ryan (R-Wis.) on Sunday blasted Congressional Republicans’ efforts to overturn the results of the 2020 election. “Efforts to reject the votes of the Electoral College and sow doubt about Joe Biden’s victory strike at the foundation of our republic. It is difficult to conceive of a more anti-democratic and anti-conservative act than a federal intervention to overturn the results of state-certified elections and disenfranchise millions of Americans,” Ryan said in a statement. “The Trump campaign had ample opportunity to challenge election results, and those efforts failed from lack of evidence,” the statement continues. “The legal process was exhausted, and the results were decisively confirmed. The Department of Justice, too, found no basis for overturning the result. If states wish to reform their processes for future elections, that is their prerogative. But Joe Biden’s victory is entirely legitimate.” The Trump campaign and its allies’ have attempted numerous legal challenges to the election results, all of which have been unsuccessful in undoing President-elect Joe Biden’s victory, including two lawsuits rejected by the Supreme Court. Ryan, who was Speaker for the first two years of Trump’s term, has largely avoided weighing in on current events since leaving office, but did previously call on the president to accept the results of the election in late November, during a period when the General Services Administration was refusing to sign off on the transition.

Full Article: Ex-GOP Speaker Ryan denounces effort to challenge Electoral College results | TheHill

National: Election Day Voting in 2020 Took Longer in America’s Poorest Neighborhoods | Kevin Quealy and Alicia Parlapiano/The New York Times

Most election experts agree that in-person voting went smoothly on Election Day in 2020, thanks to a record number of early and absentee votes, and local changes to lessen the risk of voting in a pandemic. But one longstanding disparity appears to have persisted: Casting a vote typically took longer in poorer, less white neighborhoods than it did in whiter and more affluent ones. At the request of The New York Times, Cuebiq, a company that analyzes location data for advertisers and marketers, identified more than 250,000 likely voters across the country, based on anonymous smartphone location data and public databases of polling locations from Google and the Center for Public Integrity, a journalism nonprofit. This analysis found that voters in the very poorest neighborhoods in the country typically took longer to vote, and they were also modestly more likely to experience voting times of an hour or more. Analysts at Cuebiq identified likely voters as people who visited a polling location on Election Day, filtering out passers-by and people who either lived nearby or routinely visited that polling location on other days of the year. This technique is based on one developed by researchers in a study of the 2016 vote, which found similar differences. The data used by Cuebiq is imperfect, but it shows trends similar to those other researchers have found, both in 2020 and in previous elections.

Full Article: Election Day Voting in 2020 Took Longer in America’s Poorest Neighborhoods – The New York Times

Forget the conspiracy theories — here are the real election security lessons of 2020 | Eric Geller/Politico

The foreign cyberattacks that so many intelligence officials feared didn’t upend the 2020 elections — but this year’s contests nonetheless showed how much the nation still needs to do to fix its security weaknesses. Paper trails protected the integrity of the votes in closely watched states, thanks to hundreds of millions of dollars in federal aid, but many counties still lack that protection. States mostly rejected the riskiest voting technology — internet balloting — but a few embraced it. And a pandemic-ravaged nation managed to vote safely and reliably, but election offices are still woefully short of money and staff. Perhaps most of all, this year also exposed the United States’ vulnerability to election threats from within, as President Donald Trump and other leading Republicans promoted discredited conspiracy theories to try to nullify President-elect Joe Biden’s victory. “The big picture lesson from 2020 is that ensuring an accurate result isn’t enough,” said J. Alex Halderman, a University of Michigan computer science professor and leading election security expert. “Elections also have to be able to prove to a skeptical public that the result really was accurate.” Restoring that trust starts — but doesn’t end — with improving the election technology, policy specialists say. Joe Kiniry, the chief scientist at the election technology firm Free & Fair, said the U.S. “simply cannot continue” using election systems that “an enormous fraction of the electorate” considers “broken.” Without urgent reforms, he said, “2024 will be a disaster.”

Full Article: Forget the conspiracy theories — here are the real election security lessons of 2020 – POLITICO

National: Five myths about voting machines | Douglas W. Jones/The Washington Post

President Trump is still pretending that he won last month’s election, insisting falsely that only massive fraud made it appear that President-elect Joe Biden won. Many of his claims, and the even more baroque allegations of his supporters, have focused on voting machines — part of the electoral system that most people don’t spend much time thinking about. Here are some of the biggest myths circulating about them now. Trump has complained of “voting machine ‘glitches’ all over the place (meaning they got caught cheating!).” His former lawyer Sidney Powell has said computer algorithms shifted votes from Trump to Biden. Democrats made similar allegations about voting machines in Ohio in 2004, suggesting that tampering helped reelect President George W. Bush. Voting machines are easy to hack: In the hands of a skilled person, individual machines are shockingly vulnerable, as experts demonstrated at Def Con, a hacker convention, in 2019. That’s why a growing movement over the past 20 years has pushed to replace paperless voting machines with devices that record votes on paper ballots. That transition is still in progress, but paperless machines have been eliminated in Georgia, Michigan, Pennsylvania and Wisconsin — the states Trump supporters have focused on since November. Wherever paper ballots are used, officials can check behind the machines with recounts and audits to find out whether the software was honest. The hand audits done in Georgia, plus recounts in Dane and Milwaukee counties in Wisconsin and in Antrim County, Mich., found no evidence of hacking, and confirmed Biden wins (in Georgia and the Wisconsin counties) as well as a Trump one (in Antrim County).

Full Article: Five myths about voting machines – The Washington Post

National: Sidney Powell’s secret intelligence contractor witness is pro-Trump podcaster Terpsichore Maras-Lindeman | Jon Swaine/The Washington Post

As she asked the U.S. Supreme Court this month to overturn President Trump’s election loss, the attorney Sidney Powell cited testimony from a secret witness presented as a former intelligence contractor with insights on a foreign conspiracy to subvert democracy. Powell told courts that the witness is an expert who could show that overseas corporations helped shift votes to President-elect Joe Biden. The witness’s identity must be concealed from the public, Powell has said, to protect her “reputation, professional career and personal safety.” The Washington Post identified the witness by determining that portions of her affidavit match, sometimes verbatim, a blog post that the pro-Trump podcaster Terpsichore Maras-Lindeman published in November 2019. In an interview, Maras-Lindeman confirmed that she wrote the affidavit and said she viewed it as her contribution to a fight against the theft of the election. “This is everybody’s duty,” she said. “It’s just not fair.” In a recent civil fraud case, attorneys for the state of North Dakota said that Maras-Lindeman falsely claimed to be a medical doctor and to have both a PhD and an MBA. They said she used multiple aliases and social security numbers and created exaggerated online résumés as part of what they called “a persistent effort . . . to deceive others.” Powell’s reliance on Maras-Lindeman’s testimony may raise further questions about her judgment and the strength of her arguments at a time when she is becoming an increasingly influential adviser to the president. Trump’s legal team distanced itself from Powell last month after she falsely claimed Republican state officials took bribes to rig the election. But she has visited the White House three times in the past week, once to participate in an Oval Office meeting. Trump has weighed naming Powell a special counsel to investigate the election, according to previous reports.

Full Article: Sidney Powell secret witness is Terpsichore Maras-Lindeman – The Washington Post

National: Frustrated Trump met with Pence before holiday break – ‘confused’ about Vice President’s role | Pamela Brown and Kevin Liptak/CNN

Se: Frustrated Trump met with Pence before holiday break – CNNPolitics

Hours before President Donald Trump retweeted a message for his vice president to “act” in stopping the ratification of the Electoral College, he met for more than an hour in the Oval Office with Mike Pence, whom he has complained recently isn’t doing enough to support his bid to overturn the election. The discussion was “entirely unrelated” to the eventual tweet, one person familiar with the matter said, though would not specify whether the issue of the January 6 ratification in Congress arose. The two men went separate ways for the holiday. As Trump enters the holiday stretch as fixated as ever on overturning the results of the election, the Electoral College certification is becoming a focal point for his efforts. On Wednesday evening, as he was flying to Florida for his vacation, Trump retweeted a call from one of his supporters for Pence to refuse to ratify the Electoral College results on January 6 — a prospect that has captured his imagination even if it remains completely impossible. Trump’s personal attorney Rudy Giuliani was with Trump aboard Air Force One before the President sent out the tweet. Giuliani is joining Trump at his Mar-a-Lago estate for the holidays, where the men are expected to discuss their election efforts. Arriving at his golf club Thursday afternoon, Trump received a warm welcome from members and vowed to continue fighting to overturn the election, a person familiar with the matter said. “He’s very resolute in continuing to want to fight the Electoral College,” this person said. “And he still thinks it’s not over.” Later, he spent much of Christmas Eve tweeting grievances, including one aimed at Senate Republicans, vowing that he will “NEVER FORGET!” what he sees as their abandonment.

National: Pence faces pressure as final step nears in formalizing Biden win | Colby Itkowitz and Josh Dawsey/The Washington Post

Vice President Pence urged an audience of conservative youth activists earlier this week to “stay in the fight,” as they chanted “Four more years” and “Stop the steal” to trumpet their embrace of the groundless notion that President Trump was the true victor of the recent election. “I’ll make you a promise: We’re going to keep fighting until every legal vote is counted, we’re going to keep fighting until every illegal vote is thrown out,” Pence said at the event Tuesday. “So — for all we’ve done, for all we have yet to do — stay in the fight.” But in less than two weeks, it will fall to Pence to declare that fight over — and lost. A joint session of Congress on Jan. 6 will take the last step in formalizing President-elect Joe Biden’s victory, and Pence, in his role as president of the Senate, will preside over the session after four years of ceaseless efforts to demonstrate his loyalty to Trump. Some die-hard Trump supporters are declaring that Pence will be a traitor if he does not somehow derail the proceedings. There is no evident way for him to do that even if he wanted to, but such demands ratchet up the pressure on Pence, who is unlikely to escape their wrath — or Trump’s. “Trump would probably tell Pence, ‘Just go declare us reelected,’ ” said Joel Goldstein, a professor at the Saint Louis University School of Law. “Part of his constitutional duty is to be responsible. Just because you’re vice president doesn’t mean you get to engage in behavior that is threatening the underpinning of democratic institutions of the country.”

Full Article: Pence faces pressure as final step nears in formalizing Biden win – The Washington Post

The Toll Of Conspiracy Theories: A Voting Security Expert Lives In Hiding | Bente Birkelund/NPR

More than a month ago, Eric Coomer went into hiding. The voting conspiracy theories that have led millions of Republicans to feel as though the election was stolen from them, which are still spreading, have also led to calls for Coomer’s head. Coomer oversees product strategy and security for Dominion Voting Systems, the Denver-based company that has suddenly found itself at the center of many of President Trump’s false claims about November’s election, spread by allies and pro-Trump media. Some of Trump’s supporters have focused on Coomer as the supposed evil mastermind. “I actually am in fear for my safety,” Coomer said recently, speaking by video call from an undisclosed location to Colorado Public Radio. “I’m in fear for my family’s safety. These are real, tangible things coming out of these baseless accusations.” On Tuesday, Coomer sued the Trump campaign and a number of allies, alleging defamation.

Full Article: Dominion Voting Systems Official Is In Hiding After Threats : NPR

National: Dominion, Smartmatic Strike Back: Trump And His Lawyers Face Possible Legal Consequences For Flimsy Election Challenges | Alison Durkee/Forbes

Dominion employee Eric Coomer filed a federal lawsuit alleging the Trump campaign and its allies have spread “false and baseless assertions” linking Coomer to the debunked Dominion voter fraud conspiracy, which has “invaded [Coomer’s] privacy, threatened his security, and fundamentally defamed his reputation across this country.” Dominion has also threatened to take legal action as…

National: 2020 Shows the Danger of a Decapitated Cyber Regime | Andy Greenberg/WIRED