National

National: Russian hack reveals weaknesses in government cybersecurity protections | Joseph Marks/The Washington Post

A major Russian breach is prompting fears the government’s cybersecurity protections have fallen dangerously behind. Lawmakers and experts are sounding alarms that billions of dollars’ worth of custom-made government cybersecurity systems aren’t equipped to spot the most nefarious Russian hacker activity. And they’re warning the government is poorly organized to respond to such breaches once they come to light. “This really reinforced the need to double down on our cyber defensive strategy,” Rep. Jim Langevin (D-R.I.), co-founder of the Congressional Cybersecurity Caucus, told me. The breach is highlighting how years of efforts to create state-of-the-art cybersecurity protections within government have nevertheless failed to keep out sophisticated Russian hackers who’ve also been improving their game. Notably, the government has fallen behind at keeping tabs on the vast supply chain of technology that runs its computer systems, making it more vulnerable to attacks such as the recent one, which began with Russian hackers breaking into the Texas software company SolarWinds. The hackers then sent corrupted updates to customers including the State, Treasury, Commerce and Homeland Security departments, and probably to many other government agencies and companies as well. “It’s going to take far too long for the executive branch to inventory precisely where Orion [the SolarWinds system] is deployed and utilized and that demonstrates the critical importance of supply chain security,” Langevin said.

Full Are: The Cybersecurity 202: Russian hack reveals weaknesses in government cybersecurity protections – The Washington Post

National: Christopher Krebs tells GOP ‘move on’ from election fraud claims | Kristine Phillips/USA Today

Former election security chief Christopher Krebs said he has not seen anything that would change his opinion that the 2020 election was secure and urged Republicans to call out baseless claims of widespread voter fraud. “This is not the America I recognize. It’s got to stop. We need everyone across the leadership ranks to stand up,” Krebs said during a testimony Wednesday before the Senate Homeland Security and Governmental Affairs. “I would appreciate more support from my own party, the Republican Party, to call this stuff out and move on. … We have to move on.”Krebs also defended local and state election officials who have been the subject of threats and harassment for refusing to back claims of massive fraud. He singled out Georgia Secretary of State Brad Raffensperger and Gabriel Sterling, the state’s voting implementation manager. “These are Republicans that are putting country over party,” Krebs said. “They are being subjected to just horrific threats as a result.” Krebs, who presided over an elaborate election security effort by the Department of Homeland Security, was fired by President Donald Trump last month as part of a post-election purge of top national security officials. Krebs’ ouster follows the agency’s declaration that the general election was the most secure in U.S. history.

Full Article: Christopher Krebs tells GOP ‘move on’ from election fraud claims

National: Guess which states saw the most election disinformation in 2020 | Tate Ryan-Mosley/MIT Technology Review

On November 3, Tina Barton ran into a problem. It was Election Day in the US and Barton, a Republican, was city clerk for Rochester Hills, Michigan, a conservative-leaning community near Detroit. As her team was uploading voting results, a technical issue resulted in the double counting of some votes. The error wasn’t initially realized, but within 24 hours, it was noticed and reported to Oakland County officials. The voting data was quickly fixed, but by that time the entire country was looking at the state’s election results. The change was very public, and it generated a huge swell of misinformation. This was supercharged on November 6, when Ronna McDaniel, the chair of the Republican National Committee, flew to Oakland County and held a press conference. She claimed that 2,000 ballots had been counted as Republican before being “given” to Democrats in an accusation of election fraud. “If we are going to come out of this and say this was a fair and free election, what we are hearing from the city of Detroit is deeply troubling,” McDaniel said. Upset at how the situation was being misrepresented, Barton posted a video on Twitter refuting the claims. She’s been the Rochester Hills clerk for eight years, and when she spoke out against McDaniel, she knew she was putting her career on the line. In the video, which has since been deleted, Barton said, “I am disturbed that this is intentionally being mischaracterized to undermine the election process.” Her remarks went viral, and they were met with threats and anger. In an email to MIT Technology Review, Barton said that “since Ms. McDaniel’s press conference, I have received threatening voice mails and messages.” One caller claimed to be on the way to Michigan. Barton upgraded the security system of her home.

Full Article: Guess which states saw the most election disinformation in 2020 | MIT Technology Review

National: Former head of the Department of Homeland Security’s cybersecurity agency to testify as Senate GOP pursues alleged ‘irregularities’ / Allison Pecorin/ABC

Chris Krebs, the former head of the Department of Homeland Security’s cybersecurity agency — fired by President Donald Trump after stating there was no evidence of election fraud — is scheduled to testify Wednesday before a GOP-controlled Senate committee claiming it needs to keep investigating unfounded claims about the 2020 election. The hearing “Examining Irregularities in the 2020 Election” was announced by Senate Homeland Security and Governmental Affairs Chair Ron Johnson last week and immediately drew blowback from Democrats who argued that holding a committee challenging the election results would be damaging to democracy. The hearing will come just one day after Senate Majority Leader Mitch McConnell publicly stated for the first time that Joe Biden is the president-elect, with many Republicans falling in line behind him. Krebs, who came to public attention after Trump fired him via tweet for claiming that the November election was the “most secure in American history,” was called as a witness by the committee’s top Democrat, Sen. Gary Peters, D-Mich. “I am appalled by many of my colleagues’ choice to help spread the President’s lies and false narratives about the outcome of the 2020 election,” Peters said in a statement. “This isn’t simply another partisan political issue – repeating these falsehoods erodes the public’s trust in this fair and free election, lays the groundwork to weaken the public’s trust in future elections, emboldens our adversaries, and undermines our democracy and the peaceful transition of power.”

Full Article: Fired election security official to testify as Senate GOP pursues alleged ‘irregularities’ – ABC News

National: McConnell urges GOP senators not to object to Electoral College vote | Jordain Carney and Alexander Bolton/The Hill

Senate Majority Leader Mitch McConnell (R-Ky.) is urging Republicans not to object during Congress’s count and certification of the Electoral College vote next month. McConnell’s comments were made during a caucus call on Tuesday, according to two sources familiar with the call, and come as House Republicans are eyeing a challenge to the results on Jan. 6 during a joint session of Congress. A Republican senator who participated in the call said that McConnell, Senate Republican Whip John Thune (R-S.D.) and Senate Rules Committee Chairman Roy Blunt (R-Mo.) all urged colleagues not to object to states’ electoral votes when they are received on the House floor next month. McConnell warned that any GOP senator who signed onto a House Republican objection to a state’s electoral votes would then force the Senate to debate and vote on the objection, putting fellow GOP senators in a bad position. The GOP leader said an objection “isn’t in the best interest of everybody.” No Senate Republicans indicated during the call that they are currently planning to object.

Full Article: McConnell urges GOP senators not to object to Electoral College vote | TheHill

National: Some GOP-Led States Defy Trump to Push for Expanded Voter Access | Ryan Teague Beckwith/Bloomberg

Some Republican state officials are newly open to expanded voting options after such moves proved popular and the party’s down-ballot candidates won in a high-turnout election, despite President Donald Trump railing against the changes. Republican elections officials and state lawmakers in Kentucky, Missouri and Texas are considering changes that would either make vote-by-mail more accessible or increase early in-person voting. Any such moves would be going against the current in the Republican Party, where Trump’s baseless claims of fraud have spurred GOP state lawmakers in Georgia, Michigan and Pennsylvania to consider tightening requirements on mail-in ballots. Officials in Georgia have even filed suit to curtail the use of drop boxes for absentee ballots and add new layers of scrutiny to the signature-matching process before the Jan. 5 Senate run-off votes.

Full Article: Some GOP-Led States Defy Trump to Push for Expanded Voter Access – Bloomberg

National: The U.S. government spent billions on a system for detecting hacks. The Russians outsmarted it. | Craig Timberg and Ellen Nakashima/The Washington Post

When Russian hackers first slipped their digital Trojan horses into federal government computer systems, probably sometime in the spring, they sat dormant for days, doing nothing but hiding. Then the malicious code sprang into action and began communicating with the outside world. At that moment — when the Russian malware began sending transmissions from federal servers to command-and-control computers operated by the hackers — an opportunity for detection arose, much as human spies behind enemy lines are particularly vulnerable when they radio home to report what they’ve found.Why then, when computer networks at the State Department and other federal agencies started signaling to Russian servers, did nobody in the U.S. government notice that something odd was afoot? Why then, when computer networks at the State Department and other federal agencies started signaling to Russian servers, did nobody in the U.S. government notice that something odd was afoot? The answer is part Russian skill, part federal government blind spot. The Russians, whose operation was discovered this month by a cybersecurity firm that they hacked, were good. After initiating the hacks by corrupting patches of widely used network monitoring software, the hackers hid well, wiped away their tracks and communicated through IP addresses in the United States rather than ones in, say, Moscow to minimize suspicions. The hackers also shrewdly used novel bits of malicious code that apparently evaded the U.S. government’s multibillion-dollar detection system, Einstein, which focuses on finding new uses of known malware and also detecting connections to parts of the Internet used in previous hacks. But Einstein, operated by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), was not equipped to find novel malware or Internet connections, despite a 2018 report from the Government Accountability Office suggesting that building such capability might be a wise investment. Some private cybersecurity firms do this type of “hunting” for suspicious communications — maybe an IP address to which a server has never before connected — but Einstein doesn’t.

Full Article: The U.S. government spent billions on a system for detecting hacks. The Russians outsmarted it. – The Washington Post

Michigan: Dominion’s C.E.O. defends his firm’s voting machines to Michigan lawmakers, denouncing a ‘reckless disinformation campaign.’ | Kathleen Gray/The New York Times

A day after Michigan’s 16 electoral votes formally went to President-elect Joseph R. Biden Jr., a voting machine manufacturer told state senators that he stood by his company’s work, and shot down unfounded allegations that the results may have been manipulated. Dominion Voting Systems is the victim of “a dangerous and reckless disinformation campaign aimed at sowing doubt and confusion over the 2020 presidential election,” John Poulos, the company’s chief executive, told the State Senate Oversight Committee. The company has come under fire from supporters and lawyers for President Trump, who have claimed without evidence that the company’s voting machines switched votes from Mr. Trump to Mr. Biden. Mr. Poulos assured the committee that his company had no connections to House Speaker Nancy Pelosi, the former Democratic presidential nominee Hillary Clinton, or George Soros, the billionaire financier who is a subject of conspiracy theories on the right. “The comments about our company being started in Venezuela with Cuban money with the intent to steal elections are beyond bizarre and are complete lies,” Mr. Poulos added. “My company started in my basement, which happened to be in Toronto.”

Source: Dominion’s C.E.O. defends his firm’s voting machines to Michigan lawmakers, denouncing a ‘reckless disinformation campaign.’ – The New York Times

Electoral College Vote Officially Affirms Biden’s Victory | Nick Corasaniti and Jim Rutenberg/The New York Times

It began at 10 a.m. in New Hampshire, where electors met in a statehouse chamber festooned with holiday decorations and gave their four votes to Joseph R. Biden Jr. By noon on Monday, the battleground states of Arizona, Georgia and Pennsylvania, ground zero for many of President Trump’s fruitless lawsuits, had backed Mr. Biden too. In New York, Bill and Hillary Clinton voted for Mr. Biden along with 27 other electors. And when California cast its 55 votes for Mr. Biden around 5:30 p.m. Eastern time, it pushed him past the threshold of 270 Electoral College votes needed to win the presidency, putting the official seal on his victory after weeks of efforts by Mr. Trump to use legal challenges and political pressure to overturn the results. With the Electoral College vote behind him, Mr. Biden called for unity while forcefully denouncing the president and his allies for their assault on the nation’s voting system. In an address in Wilmington, Del., on Monday night, he said the Republican efforts to get the Supreme Court to undo the result represented a “position so extreme we’ve never seen it before,” and called the attacks on election officials at the local level “unconscionable.” Mr. Biden said that “it is time to turn the page” on the election. Praising officials who stood up for the integrity of the system, he added: “It was honest, it was free and it was fair. They saw it with their own eyes. And they wouldn’t be bullied into saying anything different.” For all of the turmoil that Mr. Trump had stirred with his conspiracy theories, lawsuits and baseless claims of fraud, the Electoral College vote that sealed Mr. Biden’s victory was mostly a staid, formal affair, devoid of drama. As it always is.

Full Article: Electoral College Vote Officially Affirms Biden’s Victory – The New York Times

National: Electoral College makes it official: Biden won, Trump lost | Mark Sherman/Associated Press

The Electoral College decisively confirmed Joe Biden on Monday as the nation’s next president, ratifying his November victory in an authoritative state-by-state repudiation of President Donald Trump’s refusal to concede he had lost. The presidential electors gave Biden a solid majority of 306 electoral votes to Trump’s 232, the same margin that Trump bragged was a landslide when he won the White House four years ago. Heightened security was in place in some states as electors met to cast paper ballots, with masks, social distancing and other pandemic precautions the order of the day. The results will be sent to Washington and tallied in a Jan. 6 joint session of Congress over which Vice President Mike Pence will preside. For all Trump’s unsupported claims of fraud, there was little suspense and no change as every one of the electoral votes allocated to Biden and the president in last month’s popular vote went officially to each man. On Election Day, the Democrat topped the incumbent Republican by more than 7 million in the popular vote nationwide. California’s 55 electoral votes put Biden over the top. Vermont, with 3 votes, was the first state to report. Hawaii, with 4 votes, was the last.

Full Article: Electoral College makes it official: Biden won, Trump lost

National: Electoral college affirms Biden’s victory on a relatively calm day of a chaotic election | Elise Viebeck, Dan Simmons, Amy Worden and Omar Sofradzija/The Washington Post

President-elect Joe Biden achieved formal victory over President Trump on Monday, winning his 306 votes in the electoral college and advancing one more step toward inauguration even as die-hard Trump supporters redoubled their efforts to stop the normal transfer of power. Electors gathered in every state and the District of Columbia for a day-long series of votes that delivered no surprises for either Trump or Biden. The proceedings harked back to more typical presidential elections and stood in contrast with the unprecedented — though fruitless — six weeks of legal and procedural chaos triggered by Trump’s refusal to accept his loss. There were signs Monday that some of the president’s most ardent supporters would not abandon his cause, as groups of Republicans in six key battleground states held their own unofficial electoral-college-style votes for Trump. Though major protests did not materialize, threats of harassment and violence cast a shadow over elector meetings in several states.

Full Article: Electoral college affirms Biden’s victory on a relatively calm day of a chaotic election – The Washington Post

National: There is not and has not been any credible evidence of significant fraud in the 2020 election | Philip Bump/The Washington Post

One of the most striking parts of Tim Alberta’s interviews of 20 Americans who did — and didn’t — vote in this year’s presidential election is how often they based their assumptions on untrue claims. “It seems a Republican for president always has to win by a large enough margin to overcome the widespread election fraud that Democrats seem so comfortable with and prone toward. He failed to do that,” an Illinois Trump voter said to Alberta in an email. “I thought it remarkable that what I regard as credible-sounding fraud allegations are getting so little attention.” Asked about the source of this claim, the voter pointed to articles from the right-wing website American Spectator. We have evaluated this claim over and over since the election, but it persists within the public imagination quite stubbornly. Given that the results of the election have moved past any serious point of contention with the votes of the presidential electors on Monday, it’s worth delineating as robustly as possible why the assertion that the contest was marred by fraud are meritless. It’s worth, in other words, trying to explain why skepticism of the result is often based on erroneous logic and bad information. At the outset, I’ll note that I fully recognize that this article will be treated with skepticism of its own simply because it originates at The Washington Post. There has been a lengthy effort to paint this publication as untrustworthy that predates President Trump’s time in office, just as there has been an effort to suggest that electoral results are subject to rampant fraud for much longer than the past four years. I just ask that any such skepticism be set aside for the moment, so that the evidence can be considered on its own merits.

Full Article: There is not and has not been any credible evidence of significant fraud in the 2020 election – The Washington Post

National: Top Judiciary Democrat’s bill would criminalize threats to election officials | John Kruzel/TheHill

A top Democrat on the House Judiciary Committee launched an effort Monday to beef up criminal penalties for threats against election officials, which have escalated dramatically as President Trump has pressed baseless voter fraud claims following his electoral loss. Rep. Mary Gay Scanlon (D-Pa.), who serves as vice chair of the influential panel, urged the Department of Justice (DOJ) in a letter to investigate serious threats against election officials and poll workers that have come amid an increasingly hostile campaign of post-election misinformation. She also introduced a bill that would build on existing election-related legal protections and broaden criminal punishment against perpetrators. “You have to think about the fact that most of our elections are run by volunteers from our communities, who are [typically] seniors,” she told The Hill in an interview. “These are our friends and neighbors who suddenly found themselves very much in a bullseye of national attention, through no fault of their own and without any basis.” Scanlon’s election security push comes as state electors gathered across the country on Monday to finalize President-elect Joe Biden’s victory. That process normally occurs in relative obscurity and far away from the glare of partisan politics. But in the key battleground state of Michigan — which Biden won by more than 154,000 votes — security concerns forced legislative office buildings to close for electoral voting. State Rep. Kevin Hertel (D) tweeted on Sunday that the closure was occurring “because credible threats have been made as Michigan’s electors to the Electoral College will meet at the Capitol.”

Full Article: Top Judiciary Democrat’s bill would criminalize threats to election officials | TheHill

National: Trump backers hold their own vote as Electoral College formalizes Biden’s victory | Haisten Willis, Jeremy Duda, Kathleen Masterson and David A. Fahrenthold/The Washington Post

Republicans in six states won by President-elect Joe Biden held their own electoral college-style votes Monday for President Trump — hoping that future court decisions would throw out Biden’s votes and count the GOP ones instead. These votes have no legal meaning, according to election law experts. The law only recognizes votes from electors chosen according to state law — which, in every one of these states, is the Democratic electors. But many Republicans who had been chosen to cast electoral votes for Trump still gathered to cast them. They said they were employing a tactic used by Democrats in Hawaii in an election 60 years ago — casting votes that don’t count, in the hopes that a later court decision would give them force. This year, that seems very unlikely to work. Trump has already spent weeks trying to overturn Biden’s victory in the courts, and has failed: The president and his allies have been rejected by at least 86 judges, including at the U.S. Supreme Court. But — in another sign that Trump has pulled the GOP establishment into his baseless, unprecedented effort to subvert Biden’s victory — many Republicans met anyway, to cast votes by the electoral college’s legal deadline of Dec. 14. “We took this procedural vote to preserve any legal claims that may be presented going forward,” said Bernie Comfort, Trump’s Pennsylvania campaign chairman, in a statement put out by the Pennsylvania GOP. “This was in no way an effort to usurp or contest the will of Pennsylvania voters.” In Nevada, six Republicans met in the capital, Carson City, to cast their faux vote before an audience of 15. “There’s still legal action pending in all these states, so what we’re doing here is complying with the requirement to vote on this day, in the state capital in the event court cases are resolved favorably,” said Jim DeGraffenreid, who was set to be one of Trump’s electors before Biden won the state. “You could say this is our howdy-doody to the system,” said Shawn Meehan, another Republican who took part.

Full Article: Trump backers hold their own vote as Electoral College formalizes Biden’s victory – The Washington Post

‘An Indelible Stain’: How the G.O.P. Tried to Topple a Pillar of Democracy | Jim Rutenberg and Nick Corasaniti/The New York Times

The Supreme Court repudiation of President Trump’s desperate bid for a second term not only shredded his effort to overturn the will of voters: It also was a blunt rebuke to Republican leaders in Congress and the states who were willing to damage American democracy by embracing a partisan power grab over a free and fair election. The court’s decision on Friday night, an inflection point after weeks of legal flailing by Mr. Trump and ahead of the Electoral College vote for President-elect Joseph R. Biden Jr. on Monday, leaves the president’s party in an extraordinary position. Through their explicit endorsements or complicity of silence, much of the G.O.P. leadership now shares responsibility for the quixotic attempt to ignore the nation’s founding principles and engineer a different verdict from the one voters cast on Election Day. Many regular Republicans supported this effort, too — a sign that Mr. Trump has not just bent the party to his will, but pressed a mainstay of American politics for nearly two centuries into the service of overturning an election outcome and assaulting public faith in the electoral system. The G.O.P. sought to undo the vote by such spurious means that the conservative majority on the Supreme Court quickly rejected the argument. Even some Republican leaders delivered a withering assessment of the 126 G.O.P. House members and 18 attorneys general who chose to side with Mr. Trump over the democratic process, by backing a lawsuit that asked the Supreme Court to throw out some 20 million votes in four key states that cemented the president’s loss. “The act itself by the 126 members of the United States House of Representatives, is an affront to the country,” said Michael Steele, the former chairman of the Republican National Committee. “It’s an offense to the Constitution and it leaves an indelible stain that will be hard for these 126 members to wipe off their political skin for a long time to come.” Full Article: ‘An Indelible Stain’: How the G.O.P. Tried to Topple a Pillar of Democracy – The New York Times

National: Electors meeting to formally choose Biden as next president | Mark Sherman/Associated Press

Presidential electors are meeting across the United States on Monday to formally choose Joe Biden as the nation’s next president. Monday is the day set by law for the meeting of the Electoral College. In reality, electors meet in all 50 states and the District of Columbia to cast their ballots. The results will be sent to Washington and tallied in a Jan. 6 joint session of Congress over which Vice President Mike Pence will preside. The electors’ votes have drawn more attention than usual this year because President Donald Trump has refused to concede the election and continued to make baseless allegations of fraud. Biden is planning to address the nation Monday night, after the electors have voted. Trump, meanwhile, is clinging to his false claims that he won the election, but also undermining Biden’s presidency even before it begins. “No, I worry about the country having an illegitimate president, that’s what I worry about. A president that lost and lost badly,” Trump said in a Fox News interview that was taped Saturday. Following weeks of Republican legal challenges that were easily dismissed by judges, Trump and Republican allies tried to persuade the Supreme Court last week to set aside 62 electoral votes for Biden in four states, which might have thrown the outcome into doubt.

Full Article: Electors meeting to formally choose Biden as next president

National: Supreme Court Rejects Texas Suit Challenging Biden’s Victory | Adam Liptak/The New York Times

Full Article: Supreme Court Rejects Texas Suit Challenging Biden’s Victory – The New York Times

National: If You Didn’t Vote for Trump, Your Vote Is Fraudulent – What the GOP Really Means by ‘Voter Fraud’ | Adam Serwer/The Atlantic

Armed protesters gathered outside the home of Michigan Secretary of State Jocelyn Benson Saturday night, demanding that she overturn the results of the 2020 presidential election in her state. “We will not stand down, we will not stop, we will continue to rise up, we will continue to take this election back for the president that actually won it by a landslide,” one protester at the scene declared, NPR reported. Benson told the outlet that “their threats and their attacks are aimed at the heart of democracy itself, trying to erode the public’s confidence in the democratic process, trying to sow seeds of doubt among everyone that their votes counted, that their voices were heard, that the results of the election are accurate.” Armed protesters showing up at the homes of elected officials to force them to overturn the outcome of the presidential election, especially in a state where Trump-supporting militants were caught plotting to kidnap the governor, Gretchen Whitmer, is obviously disturbing. Protesting government officials, even for grievances you or I might find absurd, is a fundamental constitutional right. The presence of firearms among the protesters, however, as well as the decision to protest at her residence instead of her workplace, add elements of coercion. But what’s really surprising is not that some people who believe that the will of the people has been subverted, and that the election results are fraudulent, have resorted to armed protests and intimidation—it’s that so few have.

Full Article: What the GOP Really Means by ‘Voter Fraud’ – The Atlantic

National: Fears of violence grow amid threats to election officials, lawmakers | Celine Castronuovo/The Hill

Intimidation and threats to election officials and lawmakers are feeding fears about violence amid calls by President Trump’s supporters to stop the certification of election results. Reports about threats began circulating within weeks of the election, with Arizona officials announcing on Nov. 17 that they were looking into an apparent death threat against Arizona Secretary of State Katie Hobbs (D). In Georgia, state lawmakers have come under threat. In an interview with The Hill this week, Gabriel Sterling, a top election official in Georgia, criticized President Trump for continuing to “feed the fire” of voter fraud disinformation and urged him to “act more responsibly.” Sterling the previous week made an emotional and widely broadcast appeal to Trump and other Republicans to condemn violent threats against election officials. “Someone’s going to get hurt. Someone’s going to get shot,” he said during a press conference. Sterling told The Hill he was motivated to issue his plea after he received a call about a young IT contractor for Dominion Voting Systems who had been targeted with a tweet that included a picture of a noose and accused the contractor of “treason.”

Full Article: Fears of violence grow amid threats to election officials, lawmakers | TheHill

National: Judges across the political spectrum rejected Trump’s efforts to overturn the election | Rosalind S. Helderman and Elise Viebeck/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.

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

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

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.

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

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