National

e: Judges across the political spectrum rejected Trump?s efforts to overturn the election – The Washington Post

They are both elected and appointed, selected by Democrats and Republicans alike. Some have served for decades — while others took the bench only months ago. One is a former high school teacher, another the first Native American woman appointed to a federal judgeship. A third worked for years for a Republican governor who has been a vocal supporter of President Trump. Since the November election, they have all ruled in court against Trump or one of his allies seeking to challenge or overturn the presidential vote. In a remarkable show of near-unanimity across the nation’s judiciary, at least 86 judges — ranging from jurists serving at the lowest levels of state court systems to members of the United States Supreme Court — rejected at least one post-election lawsuit filed by Trump or his supporters, a Washington Post review of court filings found. The string of losses was punctuated Friday by the brief and blunt order of the Supreme Court, which dismissed an attempt by the state of Texas to thwart the electoral votes of four states that went for President-elect Joe Biden. Taken together, the judges’s decisions — some short and to the point and others sweeping defenses of American democracy — have comprehensively dismantled the arguments advanced by Trump in his effort to get the courts to subvert Biden’s victory.

National: Trump Is Looking for Fraud in All the Wrong Places | Julian Sanchez/The Atlantic

After losing to Joe Biden in November, President Donald Trump has been amplifying conspiracy theories about electronic voting without knowing or caring just how much this year’s swing states have done to protect the integrity of their elections. False claims that voting machines were “rigged” to change or delete votes—accepted by a disturbingly large percentage of Trump supporters—are harmful for obvious reasons: They wrongly undermine confidence in the democratic process, and have spurred harassment and threats aimed at election officials and poll workers. But they also give the public a wildly distorted picture of election cybersecurity, ignoring states with real security problems to address while perversely sowing doubts about states that have followed all the best expert advice.After a federal judge condemned Georgia’s antique voting machines as unreliable, Republican officials there scrambled to roll out and test more than 30,000 new voting machines—at a cost of more than $100 million—before the state’s presidential primary earlier this year. To Peach State election administrators, Trump supporters’ baseless fraud allegations are infuriating. “They’re part of a fever dream,” fumed Gabriel Sterling, the state’s voting-implementation manager, in a PBS interview. “They’re made up out of whole cloth.” … Tall tales of hacked voting machines and hijacked tabulation software gain an air of plausibility by citing the essential work done by serious cybersecurity experts in recent years to document vulnerabilities in widely deployed voting technology. Until angels learn to code, all software, whether installed on a laptop, smartphone, or voting machine, will have flaws and vulnerabilities an attacker might exploit. A robust approach to cybersecurity, therefore, requires more than just finding and closing those loopholes. It means designing systems that will work reliably even if compromised—a level of resiliency that discourages hackers from attacking them in the first place. For election systems, that means ensuring that a voter-verified physical ballot—an auditable paper trail—exists for every vote cast. Manual counts of a sample of those paper ballots, known as risk-limiting audits, can then be used to confirm that the digital tallies are accurate.

Full Article: Trump Is Looking for Fraud in All the Wrong Places – The Atlantic

National: Sidney Powell’s secret ‘military intelligence expert,’ key to fraud claims in election lawsuits, never worked in military intelligence | Emma Brown, Aaron C. Davis and Alice Crites/The Washington Post

Full Article: Sidney Powell’s secret ‘military intelligence expert,’ key to fraud claims in election lawsuits, never worked in military intelligence – The Washington Post

The witness is code-named “Spyder.” Or sometimes “Spider.” His identity is so closely guarded that lawyer Sidney Powell has sought to keep it even from opposing counsel. And his account of vulnerability to international sabotage is a key part of Powell’s failing multistate effort to invalidate President-elect Joe Biden’s victory. Powell describes Spyder in court filings as a former “Military Intelligence expert,” and his testimony is offered to support one of her central claims. In a declaration filed in four states, Spyder alleges that publicly available data about server traffic shows that voting systems in the United States were “certainly compromised by rogue actors, such as Iran and China.” Spyder, it turns out, is Joshua Merritt, a 43-year-old information technology consultant in the Dallas area. Merritt confirmed his role as Powell’s secret witness in phone interviews this week with The Washington Post. Records show that Merritt is an Army veteran and that he enrolled in a training program at the 305th Military Intelligence Battalion, the unit he cites in his declaration. But he never completed the entry-level training course, according to Meredith Mingledorff, a spokeswoman for the U.S. Army Intelligence Center of Excellence, which includes the battalion. “He kept washing out of courses,” said Mingledorff, citing his education records. “He’s not an intelligence analyst.” In an interview, Merritt maintained that he graduated from the intelligence training program. But even by his own account, he was only a trainee with the 305th, at Fort Huachuca in Arizona, and for just seven months more than 15 years ago.

National: ‘A dark, empty place:’ Public officials face personal threats as tensions flare | Hannah Knowles, Annie Gowen and Tom Hamburger/The Washington Post

State and local officials of both parties have warned that President Trump’s increasingly desperate tweets about election fraud are fueling the potential for violence as well as another ominous trend of 2020, in which public servants and others who disagree are targeted at their offices and homes with armed protests, harassing phone calls and stalkers. Last week, an “enemies” list of state and federal officials who rejected Trump’s baseless election conspiracy theories floated up from the dark corners of the Web, with home addresses listed and red targets over their photos, the latest in a string of threats to public officials. The list falsely accused swing-state governors, voting systems executives and the former top U.S. cybersecurity official responsible for securing November’s presidential election of “changing votes and working against the President” in a treasonous attempt to “overthrow our democracy.” The names from the list shared on social media included the hashtags #remembertheirfaces and #NoQuarterForTraitors. Over the weekend, demonstrations by Trump supporters in D.C.; Olympia, Wash.; and elsewhere turned violent, with four people stabbed in the nation’s capital and one person shot in Olympia. These kinds of conflicts, coupled with increasingly personal attacks on public officials, are raising fears of worse to come. “If blood is spilled, it is on the hands of the president,” an attorney for Christopher Krebs said in a statement Wednesday. Krebs, the former top cybersecurity official, is suing the Trump campaign and one of its lawyers working to overturn the election results for defamation, after the president fired him and the lawyer suggested that Krebs should be executed. “Trump and U.S. senators have refused to condemn these death threats,” said Jordan Fuchs, the deputy secretary of state in Georgia, after the “enemies” list surfaced online.

Full Article: Public officials face personal threats from Trump supporters – The Washington Post

With Texas Attorney General Ken Paxton facing federal probe, lawsuit to help Trump comes amid whispers of pardons | Matthew Mosk,Katherine Faulders, andJohn Santucci/ABC

The Texas politician who filed the Supreme Court election challenge that President Donald Trump touted as “the big one” may have good reason to curry favor with the White House at this moment. Texas Attorney General Ken Paxton took the lead in the long-shot legal bid to overturn Trump’s 2020 election defeat just two weeks after reports surfaced that he is the subject of an FBI investigation into allegations he abused his office to benefit a wealthy donor — a thorny problem Trump could eliminate with a presidential pardon. Paxton and a group of Republican state attorneys general met with the president at the White House on Thursday, days after filing the case that now shoulders Trump’s hopes of holding onto his job for another term. Paxton’s attorney, Philip H. Hilder, declined to comment on the nature of Paxton’s discussions with the president. Democrats have gone public with speculation about Paxton’s possible motivation for filing the suit, which legal experts have assessed as a case unlikely to find favor with the Supreme Court, even with the court’s conservative majority. “This was an act of some bizarre-world desperation. I don’t know what drove it,” Marc Elias, the lead attorney for the Democrats fending off a barrage of election lawsuits from Trump and his allies, said in an appearance on CNN. “I don’t know if it’s politics, or I read that it may be because Paxton is fishing for a pardon,” Elias said. “I don’t know what’s behind it, but this is honestly a bizarre lawsuit.”

Full Article: With Texas AG facing federal probe, lawsuit to help Trump comes amid whispers of pardons – ABC News

National: In Blistering Retort, 4 Battleground States Tell Texas to Butt Out of Election | Adam Liptak and Jeremy W. Peters/The New York Times

In blistering language denouncing Republican efforts to subvert the election, the attorneys general for Pennsylvania, Michigan, Wisconsin and Georgia asked the Supreme Court on Thursday to reject a lawsuit that seeks to overturn the victories in those states by President-elect Joseph R. Biden Jr., calling the audacious effort an affront to democracy and the rule of law. The lawsuit, filed by the Republican attorney general of Texas and backed by his G.O.P. colleagues in 17 other states and 106 Republican members of Congress, represents the most coordinated, politicized attempt to overturn the will of the voters in recent American history. President Trump has asked to intervene in the lawsuit as well in hopes that the Supreme Court will hand him a second term he decisively lost. The suit is the latest in a spectacularly unsuccessful legal effort by Mr. Trump and his allies to overturn the results, with cases so lacking in evidence that judges at all levels have mocked or condemned them as without merit. Legal experts have derided this latest suit as well, which makes the audacious claim, at odds with ordinary principles of federalism, that the Supreme Court should investigate and override the election systems of four states at the behest of a fifth. The responses by the four states — represented by three Democratic attorneys general and, in Georgia, a Republican one — comprehensively critiqued Texas’s unusual request to have the Supreme Court act as a kind of trial court in examining supposed election irregularities with the goal of throwing out millions of votes. “The court should not abide this seditious abuse of the judicial process, and should send a clear and unmistakable signal that such abuse must never be replicated,” a brief for Pennsylvania said.

Full Article: Four State A.G.s Ask Supreme Court to Reject Texas Election Lawsuit – The New York Times

National: Website targeting U.S. election officials draws attention of intelligence agencies | Andy Sullivan, Brad Heath, Mark Hosenball/Reuters

The harassment campaign against U.S. election officials following President Donald Trump’s defeat took an ominous turn on Thursday after a website surfaced that accused them of “treason” and included photographs and home addresses, drawing the attention of U.S. intelligence agencies. The site, along with several associated social media accounts, included photographs of Republican and Democratic officials, with rifle crosshairs superimposed on them. The FBI said on Thursday that it was aware of the issue. U.S. intelligence agencies are also looking into the website and its origins, a source said on Thursday. Several of the officials targeted said the messaging amounted to a call for violence against those who worked to oversee the Nov. 3 election, which Trump lost to Democratic President-elect Joe Biden. They urged Trump to denounce it. “If anyone needs to be reminded that public calls for violence beget violence, this is the clarion call. If blood is spilled, it is on the hands of the president, his campaign, his lawyers, and the silent Republicans standing in the president’s shadow,” said Jim Walden, a lawyer for Christopher Krebs, who oversaw cybersecurity at the Department of Homeland Security until he was fired by Trump after the election. Georgia’s deputy secretary of state, Jordan Fuchs, likewise pointed the finger at the president. “Trump and U.S. senators have refused to condemn these death threats,” she told Reuters. “In fact, he continues to support those who are actively calling for elections officials to be shot.”

Full Article: Website targeting U.S. election officials draws attention of intelligence agencies | Reuters

National: States targeted in Texas election fraud lawsuit condemn ‘cacophony of bogus claims’ | The Guardian

Georgia, Michigan, Pennsylvania and Wisconsin on Thursday urged the US supreme court to reject a lawsuit filed by Texas and backed by Donald Trump seeking to undo Joe Biden’s victory, saying the case has no factual or legal grounds and makes “bogus” claims. “What Texas is doing in this proceeding is to ask this court to reconsider a mass of baseless claims about problems with the election that have already been considered, and rejected, by this court and other courts,” Josh Shapiro, Pennsylvania’s Democratic attorney general, wrote in a filing to the nine justices.Texas filed the longshot suit against the four election battleground states on Tuesday directly with the supreme court. It asked that the voting results in those states be thrown out because of their changes in voting procedures that allowed expanded mail-in voting during the coronavirus pandemic.On Thursday afternoon, more than 100 Republican members of the House filed an amicus brief with the court in support of the Texas lawsuit. Trump’s campaign and his allies already have been spurned in numerous lawsuits in state and federal courts challenging the election results. Legal experts have said the Texas lawsuit has little chance of succeeding and have questioned whether Texas has the legal standing to challenge election procedures in other states.

Full Article: States targeted in Texas election fraud lawsuit condemn ‘cacophony of bogus claims’ | US elections 2020 | The Guardian

National: Two reasons the Texas election case is faulty: flawed legal theory and statistical fallacy. | Jeremy W. Peters, David Montgomery, Linda Qiu and Adam Liptak/The New York Times

Ken Paxton, the Texas attorney general, has asked the Supreme Court to do something it has never done before: disenfranchise millions of voters in four states and reverse the results of the presidential election. The case is highly problematic from a legal perspective and is riddled with procedural and substantive shortcomings, election law experts said. And for its argument to succeed — an outcome that is highly unlikely, according to legal scholars — a majority of the nine justices would have to overlook a debunked claim that President-elect Joseph R. Biden Jr.’s chances of victory were “less than one in a quadrillion.” Mr. Paxton is a compromised figure, under indictment in a securities fraud case and facing separate accusations, by several former employees, of abusing his office to aid a political donor. Here are some reasons this case is probably not “the big one” like President Trump has called it. Texas appears to have no claim to pursue the case, which would extend Monday’s deadline for certification of presidential electors in Georgia, Michigan, Pennsylvania and Wisconsin. It relies on a novel theory that Texas can dictate how other states run their elections because voting irregularities elsewhere harm the rights of Texans. The Paxton case fails to establish why Texas has a right to interfere with the process through which other states award their votes in the Electoral College, said Edward B. Foley, a law professor at Ohio State University and director of its election law program. The authority to manage elections falls to the states individually, not in any sort of collective sense that the Paxton suit implies.

Full Article: Two Reasons the Texas Election Case Is Faulty – The New York Times

National: The Trump team throws in the towel on proving voter fraud | Aaron Blake/The Washington Post

The GOP’s latest effort to overturn the 2020 presidential election results, like many such efforts before it, is a bit of a mess. The lawsuit, which was filed by Texas Attorney General Ken Paxton (R) and is now joined by the Trump campaign and 17 other Republican attorneys general, wrongly claims that no presidential candidate has lost both Florida and Ohio and won the presidency. (This would be news to John F. Kennedy.) It ridiculously suggests that late vote shifts in key states were astronomically improbable — to the tune of 1 in 1 quadrillion — a claim with which Philip Bump dispatches here. Its attempt to invalidate the vote in four states has already been rebuked by several top Republicans, and not exactly Mitt Romney Republicans. But the GOP’s new focus on this hail-Mary case is also notable for one key reason: It essentially throws in the towel on proving fraud. Ever since the election, President Trump’s legal team and allied lawyers have said they had myriad evidence of actual, provable fraud. This has been rejected in almost every case by the courts, but the Trump team has asserted that its evidence — based largely on affidavits from people involved in the vote-tabulating process — is sound and demonstrates malfeasance. The Texas lawsuit, though, effectively acknowledges that that effort has failed. Rather than claiming evidence of proven fraud, it instead claims that the fraud is actually “undetectable,” because election officials made it so by doing illegal things. And that’s why it wants the results overturned.

Full Article: The Trump team throws in the towel on proving voter fraud – The Washington Post

National: Legislatures across country plan sweeping election reform push | Reid Wilson/The Hill

State legislatures across the country are contemplating sweeping changes to the way elections are administered after a tumultuous presidential contest, one that ended with both the highest voter turnout in American history and the outgoing president baselessly calling its integrity into question. In its wake, election rules have become the hottest topic for state legislatures, especially in presidential battleground states. Lawmakers in a handful of states have begun introducing legislation in so-called pre-filing periods, windows that open before a session begins that enable lawmakers to propose bills. At least 60 election-related bills have been introduced in Texas, 26 are pending in New Hampshire and 41 in Montana, according to a count compiled by the National Conference of State Legislatures (NCSL). “We can expect a busier than ever elections agenda for the states in 2021,” said Wendy Underhill, director of the NCSL’s elections and redistricting programs. In some states, legislators plan to make permanent access to absentee and mail-in voting that were temporarily expanded by the coronavirus pandemic, while others are looking to enact new restrictions on how people can vote.

Full Article: Legislatures across country plan sweeping election reform push | TheHill

National: Security advocates see a possible silver lining in Trump’s election assaults | Joseph Marks/The Washington Post

Attacks on the voting company Dominion and the integrity of the election by President Trump and his allies are posing a conundrum for election security advocates. On one hand, they’ve long battled with Dominion and other top voting machine vendors to take security more seriously and be more transparent about their operations so they can be vetted by outside security experts. “If there’s one positive piece that comes out of this it would be greater oversight of election vendors,” David Levine, elections integrity fellow at the Alliance for Securing Democracy, told me. Dominion, along with two other major vendors, control about 80 percent of the U.S. market for election systems. “If there’s a successful cyberattack against one of them, that could have devastating consequences,” he said.On the other hand, the attacks by Trump and his supporters are basically made up out of whole cloth and contrary to all available evidence. Security pros worry these conspiracy theories that go far beyond any legitimate concerns will corrode public faith in elections and convince people it’s not worth turning out to vote. “Unfortunately, there’s a danger that the entire effort to increase cybersecurity in elections will get tarred by the unfounded rantings of a few people,” Lawrence Norden, director of the Election Reform Program at New York University’s Brennan Center for Justice, told me. “There are legitimate things that need to be done to improve the security of our election systems and they should be done regardless of what some crazy people are alleging.”

Full Article: The Cybersecurity 202: Security advocates see a possible silver lining in Trump’s election assaults – The Washington Post

Matt Masterson, CISA’s top election security official, to step down | Sean Lyngaas/CyberScoop

Matt Masterson, one of the U.S. government’s top election experts, is leaving his post as of next week for a role in academia where he will continue to study the disinformation campaigns that have plagued the country, he told CyberScoop on Thursday. Masterson has been a senior adviser at the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency since 2018. He led a team that reassured the public that the 2020 election was secure, despite President Donald Trump’s baseless assertions to the contrary. Masterson will join the Stanford Internet Observatory, a team of academics and tech experts led by former Facebook security chief Alex Stamos, which works on election security and social media challenges. Masterson said his last day at CISA will be Dec. 18. At Stanford, “We’re going to unpack what we’ve learned over the last few years [on election security],” Masterson said in an interview, including “what more needs to be done on a broader level.” Masterson said he wants to continue to tackle disinformation campaigns, which could extend to the rollout of the coronavirus vaccine. Experts fear that a large swath of Americans are distrustful of the efficacy of the vaccine, in part because of conspiracy theories that spread online. Masterson, a former election official in Ohio, was part of a team of CISA officials who rebuilt trust between election officials across the country and federal personnel after the 2016 election.

Full Article: Matt Masterson, CISA’s top election security official, to step down

National: 17 Republican Attorneys General Back Trump in Far-Fetched Election Lawsuit | Jeremy W. Peters and Maggie Haberman/The New York Times

Despite dozens of judges and courts rejecting challenges to the election, Republican attorneys general in 17 states on Wednesday backed President Trump in his increasingly desperate and audacious legal campaign to reverse the results. The show of support, in a brief filed with the Supreme Court, represented the latest attempt by Trump loyalists to use the power of public office to come to his aid as he continues to deny the reality of his loss with baseless claims of voter fraud. The move is an effort to bolster a lawsuit filed on Tuesday by the pro-Trump attorney general in Texas that seeks to delay the certification of the presidential electors in four battleground states the president lost. Mr. Trump has been holding out hope that the Supreme Court will hear the case and ultimately award him a second term. Legal experts are skeptical, however, and have largely dismissed it as a publicity stunt. Late Tuesday, the president asked Senator Ted Cruz of Texas, a Republican, if he would be willing to argue the case, according to a person familiar with their conversation. Mr. Cruz agreed, this person said. And the president has filed a motion with the court to intervene, which would make him a party to the case. The willingness of so many Republican politicians to publicly involve themselves in a legal campaign to invalidate the ballots of millions of Americans shows how singular a figure Mr. Trump remains in the G.O.P. That these political allies are also elected officials whose jobs involve enforcing laws, including voting rights, underscores the extraordinary nature of the brief to the court. Even in defeat — a reality that a significant number of Republicans refuse to accept, polls show — allegiance to Mr. Trump is viewed as the ticket to higher office.

Full Article: 17 Republican Attorneys General Back Trump in Far-Fetched Election Lawsuit – The New York Times

National: Trump’s effort to steal the election comes down to some utterly ridiculous statistical claims | Philip Bump/The Washington Post

President Trump has moved all of his electoral eggs into a new basket. Now, his efforts to undermine the will of the electorate and seize a second consecutive term in office hinges upon a lawsuit filed by Texas Attorney General Ken Paxton, a lawsuit that essentially argues that Texas is harmed by the election results in four states that flipped from red to blue last month. It is a lawsuit that people with much more legal expertise than myself have dismissed out-of-hand as ridiculous given the legal case being made. But it is also a lawsuit that makes statistical claims that are so bizarre, it falls well within my area of expertise to point out that on that rhetoric alone, it’s a disaster. The lawsuit’s statistical case comes down to this question: How many zeros will it take for you to be sufficiently impressed that you’ll ignore basic logic? The author of the lawsuit appears to have settled on the number 15. “The probability of former Vice President Biden winning the popular vote in the four Defendant States — Georgia, Michigan, Pennsylvania, and Wisconsin — independently given President Trump’s early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion, or 1 in 1,000,000,000,000,000,” it reads at one point. “For former Vice President Biden to win these four States collectively, the odds of that event happening decrease to less than one in a quadrillion to the fourth power.” After citing the individual credited for this interesting math, it continues. “The same less than one in a quadrillion statistical improbability of Mr. Biden winning the popular vote in the four Defendant States — Georgia, Michigan, Pennsylvania, and Wisconsin — independently exists when Mr. Biden’s performance in each of those Defendant States is compared to former Secretary of State Hilary [sic] Clinton’s performance in the 2016 general election and President Trump’s performance in the 2016 and 2020 general elections,” it reads. “Again, the statistical improbability of Mr. Biden winning the popular vote in these four States collectively is 1 in 1,000,000,000,000,000.” Just complete nonsense.

Full Article: Trump’s effort to steal the election comes down to some utterly ridiculous statistical claims – The Washington Post

National: Trump pressures congressional Republicans to help his fight to overturn the election | Rachael Bade, Josh Dawsey and Tom Hamburger/The Washington Post

President Trump is shifting his focus to Congress after the courts roundly rejected his bid to overturn the results of the election, pressuring congressional Republicans into taking a final stand to keep him in power. Trump’s push is part of a multipronged approach as he also seeks to lobby state and federal lawmakers to give him cover for his unsubstantiated claims of widespread voter fraud, as well as rally support for a last-gasp legal challenge in the Supreme Court that election law experts almost universally dismiss. The president has been calling Republicans, imploring them to keep fighting and more loudly proclaim the election was stolen while pressing them on what they plan to do. He spoke to Arizona GOP Party Chairwoman Kelli Ward and Rep. Mike Johnson (R-La.), head of the conservative Republican Study Committee, on Wednesday, and is expected to meet Thursday at the White House with several state attorneys general. Meanwhile, Rudolph W. Giuliani, Trump’s personal lawyer and point man in the legal fight, has been making similar calls from the hospital, where he is being treated for covid-19. The president also has enlisted Vice President Pence to reach out to governors and other party leaders in key states to see what else can be done to help the president. A person familiar with the calls said Pence has not exerted pressure on lawmakers to take specific actions and sees them as “checking in.” The individual spoke on the condition of anonymity to speak frankly. The vice president’s office declined to comment. Tim Murtaugh of the Trump campaign also declined to comment. Meanwhile, on Capitol Hill, Trump’s conservative allies in the House have been privately buttonholing GOP senators, seeking to enlist one to join in objecting to slates of electors on Jan. 6, according to multiple people familiar with their effort who spoke on the condition of anonymity to discuss their plans.

Full Article: Trump pressures congressional Republicans to help his fight to overturn the election – The Washington Post

National: Trump’s Challenges to Election Results Face End of the Legal Road | Brent Kimbrell and Deanna Paul/Wall Street Journal

A sweeping multistate legal effort by President Trump and his supporters to override President-elect Joe Biden’s victory has reached the end of the line, with losses in courts at all levels including the U.S. Supreme Court. In the five weeks since Election Day, the Trump campaign and other Republicans have lost at least 40 times in six pivotal states: Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. In several other cases, the campaign or allies withdrew claims after filing them. On Tuesday, the Supreme Court in a one-sentence order turned away a last-ditch effort by Pennsylvania Republicans to invalidate votes from the vote-by-mail system enacted by the state legislature last year. No justice noted a dissent to the order, which was released on the deadline for states to complete election results before the Electoral College meets and casts its vote on Dec. 14. Trump campaign lawyers promised to push forward. “The only fixed day in the U.S. Constitution is the inauguration of the president on January 20,” the Trump campaign’s legal team said. A handful of longshot election challenges remain, including an effort by Texas Republican Attorney General Ken Paxton to sue four battleground states directly in the Supreme Court. He will need the court’s permission to do so, and legal experts say the case has almost no chance at success. In a tweet Wednesday, Mr. Trump called the Paxton case “the big one” and said his campaign would seek to intervene. Dana Nessel, the Democratic attorney general of Michigan, said Mr. Paxton’s lawsuit was a publicity stunt that would fail.

Full Article: Trump’s Challenges to Election Results Face End of the Legal Road – WSJ

Ohio: Stark County to get new Dominion voting machines | Robert Wang/The Canton Repository

After about three years of shopping around for new voting machines, the Stark County Board of Elections finally found a deal that it likes. And the machines will work very similarly to the touch screen machines many Stark County voters have become accustomed to using the past 15 years. Voters are expected to start using the machines in the May 4, 2021 primary. “You put the card in the bottom versus the side. It’s very similar,” said Regine Johnson, the deputy director of the Stark County Board of Elections. “It looks slightly different. The legs are slightly different. The way the paper trail is shown is slightly different. So there will be things that people have to get used to. But it’s not a huge change.” Following the recommendation of staff, the board voted 4-0 Wednesday afternoon to purchase 1,450 Dominion ImageCast X Kit Prime VVPAT touch screen voting machines that each cost $3,500, four high-speed $25,000 optical ballot scanners with more memory capacity, $11,560 ballot printers, a $17,000 server that tabulates votes and a long list of other election equipment. The optical ballot scanners are used to scan absentee mail ballots, provisional ballots and ballots cast at polling locations by voters who don’t want to use touch-screen machines. The total cost of the equipment is $6.45 million.

Full Article: Stark County to get new Dominion voting machines.

National: Letter from more than 1,500 attorneys says Trump campaign lawyers don’t have ‘license to lie’ | Kim Bellware and John Wagner/The Washington Post

More than 1,500 lawyers condemned efforts by the Trump campaign’s legal team to reverse the election results in an open letter that urged the American Bar Association (ABA) to investigate the conduct of the team, including its leader, Rudolph W. Giuliani. “President Trump’s barrage of litigation is a pretext for a campaign to undermine public confidence in the outcome of the 2020 election, which inevitably will subvert constitutional democracy,” the letter says. “Sadly, the President’s primary agents and enablers in this effort are lawyers, obligated by their oath and ethical rules to uphold the rule of law.” The letter escalates the concerns of Rep. Bill Pascrell Jr. (D-N.J.) who on Nov. 20 filed complaints with ethics boards in five states calling for Giuliani and other members of the team to be investigated and disbarred. The criticism has been echoed in op-eds and letters by attorneys who have rebuked the team for filing frivolous lawsuits and tarnishing the legal profession. “It’s really unusual to see a coalition like this calling for disciplinary action; it takes a lot,” Deborah Rhode, a Stanford Law School professor and one of the leading American legal ethicists, told The Washington Post on Tuesday. “Many of these letters have been crossing the political aisle, and that testifies to both the egregiousness of the conduct and its seriousness for the rule of law and the democratic process.” The signers include a bipartisan coalition of former ABA presidents, state bar presidents, retired federal judges, retired state Supreme Court justices and attorneys in private practice. Coordinated by the nonpartisan group Lawyers Defending American Democracy, the open letter questions the conduct by Giuliani, as well as current and former Trump legal team members Joseph diGenova, Jenna Ellis, Victoria Toensing and Sidney Powell. Representatives for the Trump campaign did not immediately respond to requests for comment Tuesday.

Full Article: More than 1,500 lawyers sign open letter condemning conduct of Trump legal team – The Washington Post

National: As Trump Rails Against Loss, His Supporters Become More Threatening | Nick Corasaniti, Jim Rutenberg and Kathleen Gray/The New York Times

With a key deadline passing Tuesday that all but ends his legal challenges to the election, President Trump’s frenzied campaign to overturn the results has reached an inflection point: Certified slates of electors to the Electoral College are now protected by law, and any chance that a state might appoint a different slate that is favorable to Mr. Trump is essentially gone. Despite his clear loss, Mr. Trump has shown no intention of stopping his sustained assault on the American electoral process. But his baseless conspiracy theories about voting fraud have devolved into an exercise in delegitimizing the election results, and the rhetoric is accelerating among his most fervent allies. This has prompted outrage among Trump loyalists and led to behavior that Democrats and even some Republicans say has become dangerous. Supporters of the president outraged at his loss, some of them armed, gathered outside the home of the Michigan secretary of state Saturday night. Racist death threats filled the voice mail of Cynthia A. Johnson, a Michigan state representative. Georgia election officials, mostly Republicans, say they have received threats of violence. The Republican Party of Arizona, on Twitter, twice called for supporters to be willing to “die for something” or “give my life for this fight.” “People on Twitter have posted photographs of my house,” said Ann Jacobs, the chair of the Wisconsin Elections Commission, who alerted her neighbors and the police about the constant threats. She said another message mentioned her children and said, “I’ve heard you’ll have quite a crowd of patriots showing up at your door.”

Full Article: As Trump Rails Against Loss, His Supporters Become More Threatening – The New York Times

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