National

President Trump suffered multiple legal setbacks in three key swing states on Friday, choking off many of his last-ditch efforts to use the courts to delay or block President-elect Joseph R. Biden Jr.’s victory. In quick succession, Mr. Trump was handed defeats in Pennsylvania, Arizona and Michigan, where a state judge in Detroit rejected an unusual Republican attempt to halt the certification of the vote in Wayne County pending an audit of the count. The legal losses came as Mr. Biden was declared the victor in Georgia and a day after an agency in the president’s own Department of Homeland Security flatly contradicted him by declaring that the election “was the most secure in American history” and that “there is no evidence” any voting systems malfunctioned. On Friday, 16 federal prosecutors who had been assigned to monitor the election also directly debunked claims of widespread fraud, saying in a letter to Attorney General William P. Barr that there was no evidence of substantial irregularities. In his first public remarks of the week, Mr. Trump ignored the developments during an appearance in the Rose Garden. But he showed a momentary crack in his previously relentless insistence that he would eventually be proclaimed the winner of the campaign, saying at one point, “Whatever happens in the future, who knows, which administration, I guess time will tell.”

Full Article: Trump Loses String of Election Results Lawsuits – The New York Times

National: Trump lost at the ballot box. His legal challenges aren’t going any better. | David A. Fahrenthold, Emma Brown and Hannah Knowles/The Washington Post

President Trump lost his reelection bid at the ballot box. But he said he could win it back in court. In five key states, Trump and his allies filed lawsuits that — according to Trump — would reveal widespread electoral fraud, undo President-elect Joe Biden’s victory, and give Trump another four years. “Biden did not win, he lost by a lot!” Trump tweeted. It’s not going well. Rather than revealing widespread — or even isolated — fraud, the effort by Trump’s legal team has so far done the opposite: It’s affirmed the integrity of the election that Trump lost. Nearly every GOP challenge has been tossed out. Not a single vote has been overturned. “The Trump legal team does not seem to have identified any kind of global litigation strategy that has any prospect of changing the outcome of the election, and all of the court filings to date underscore that — as do all of the court rulings that have been issued to date,” said Robert Kelner, a Republican lawyer who chairs the election and political law practice group at Covington & Burling, an international law firm based in Washington. Part of the problem is that Trump’s approach has been backward: Declare crimes first, then look for proof afterward. Again and again, the president or his allies said they’d found evidence that would stun the public and swing the election. But, when Trump and his team revealed that evidence, it often was far less than they had promised. A “dead” voter turned out to be alive. “Thousands” of problematic ballots turned out to be one. Election-changing problems turned out to involve a few dozen, or a few hundred, ballots.

Full Article: Trump lost at the ballot box. His legal challenges aren’t going any better. – The Washington Post

National: Behind Trump’s Yearslong Effort to Turn Losing Into Winning | Jim Rutenberg and Nick Cora/The New York Times

Obscured by the postelection noise over the president’s efforts to falsely portray the election system as “rigged” against him has been how much Mr. Trump and his allies did ahead of time to promote a baseless conspiracy devised to appeal to his most passionate supporters, providing him with the opportunity to make his historically anomalous bid to cling to power in the face of defeat. That bid is now in its last throes. Judges are dismissing the president’s lawsuits, as various bits of supposed evidence — an alleged box of illegal ballots that was in fact a case containing camera equipment and “dead voters” who are alive — unravel. And yet Mr. Trump has still not given up on seeding doubt about the election’s integrity as he seeks to stain Mr. Biden’s clear victory — by more than 5.5 million votes and also in the Electoral College — with false insinuations of illegitimacy. On Sunday alone, he posted more than two dozen election-related tweets, seeming to briefly acknowledge Mr. Biden’s victory before declaring, “I concede NOTHING!” The roots of Mr. Trump’s approach date to before his election in 2016, and he advanced his plans throughout his term. But his strategy for casting doubt on the outcome of the 2020 campaign took shape in earnest when the coronavirus pandemic upended normal life and led states to promote voting by mail. From the start, the president saw mail-in ballots as a political threat that would appeal more to Democrats than to his followers. And so he and his allies sought to block moves to make absentee voting easier and to slow the counting of mail ballots. This allowed Mr. Trump to do two things: claim an early victory on election night and paint ballots that were counted later for his opponent as fraudulent.

Full Article: Behind Trump’s Yearslong Effort to Turn Losing Into Winning – The New York Times

National: Giuliani adds fuel to discredited theories about voting machines. | Zach Montague/The New York Times

Rudolph W. Giuliani, the president’s personal lawyer, continued on Saturday his effort to delegitimize votes cast through electronic voting machines, citing several conspiracies connected to the companies that make the machines and the software they run in a post on Twitter. Looking to sow doubt about the vote count in multiple swing states that were recently called for President-elect Joseph R. Biden Jr., Mr. Giuliani hinted support for a discredited theory that one of the companies that manufactures the voting machines used in some states, Smartmatic, is controlled by the billionaire philanthropist George Soros. “Look up SMARTMATIC and tweet me what you think?” Mr. Giuliani wrote. “It will all come out.” Hours later, President Trump picked up a similar refrain, stating in a tweet that the election was “stolen” by “privately owned Radical Left company, Dominion,” without providing evidence or explaining why Dominion was distinct among the many other privately owned election system vendors that routinely administer elections in the United States. Speculation that Mr. Soros has any influence over Smartmatic or its operations has been thoroughly debunked, and he does not own the company. Mr. Soros’s distant connection to the company is through his association with Smartmatic’s chairman, Mark Malloch-Brown, who is on the board of Mr. Soros’s Open Society Foundation.

Full Article: Giuliani adds fuel to discredited theories about voting machines. – The New York Times

National: Judges appear increasingly frustrated with Trump’s legal claims about 2020 election | Matthew Mosk, Olivia Rubin and Alex Hosenball/ABC

The recent scene in Clark County, Nevada, has become increasingly common in courthouses around the country as President Donald Trump continues to push thinly supported allegations of election misconduct and fraud. When Republican lawyers in Nevada complained their observers were not close enough if they could not hear everything poll workers were saying, U.S. District Judge Andrew Gordon pushed back. “At what point does this get ridiculous?” the exasperated judge, an appointee of President Barack Obama, asked before ruling against the Republicans. In court hearings and opinions around the country, judges are voicing similar frustrations with the Trump campaign’s legal filings to a degree rarely seen in venues where political rhetoric is generally unwelcome, experts and courthouse veterans said. “Judge after judge after judge has asked, in essence, ‘Where is the beef?'” said Karl Racine, the attorney general for the District of Columbia and a frequent Trump critic, in a call with reporters Friday. “We have seen numerous instances where affidavits have been filed … only to be immediately pulled back once tested in state and federal court,” said Racine, whose own lawsuit against Trump in connection with the president’s Washington, D.C., hotel is on hold pending appeal. “I would not be surprised that if these baseless allegations continue, judges will begin to threaten and indeed issue sanctions.”

Full Article: Judges appear increasingly frustrated with Trump’s legal claims about 2020 election – ABC News

National: GOP leaders in 4 states quash dubious Trump bid on electors | Bob Christie and Nicholas Riccardi/Associated Press

Republican leaders in four critical states won by President-elect Joe Biden say they won’t participate in a legally dubious scheme to flip their state’s electors to vote for President Donald Trump. Their comments effectively shut down a half-baked plot some Republicans floated as a last chance to keep Trump in the White House. State GOP lawmakers in Arizona, Michigan, Pennsylvania and Wisconsin have all said they would not intervene in the selection of electors, who ultimately cast the votes that secure a candidate’s victory. Such a move would violate state law and a vote of the people, several noted. “I do not see, short of finding some type of fraud — which I haven’t heard of anything — I don’t see us in any serious way addressing a change in electors,” said Rusty Bowers, Arizona’s Republican House speaker, who says he’s been inundated with emails pleading for the legislature to intervene. “They are mandated by statute to choose according to the vote of the people.” The idea loosely involves GOP-controlled legislatures dismissing Biden’s popular vote wins in their states and opting to select Trump electors. While the endgame was unclear, it appeared to hinge on the expectation that a conservative-leaning Supreme Court would settle any dispute over the move.

Full Article: GOP leaders in 4 states quash dubious Trump bid on electors

Top official on U.S. election cybersecurity tells associates he expects to be fired | Christopher Bing, Joseph Menn, and Raphael Satter/Reuters

Top U.S. cybersecurity official Christopher Krebs, who worked on protecting the election from hackers but drew the ire of the Trump White House over efforts to debunk disinformation, has told associates he expects to be fired, three sources familiar with the matter told Reuters. Krebs, who heads the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), did not return messages seeking comment. CISA and the White House declined comment. Separately, Bryan Ware, assistant director for cybersecurity at CISA, confirmed to Reuters that he had handed in his resignation on Thursday. Ware did not provide details, but a U.S. official familiar with his matter said the White House asked for Ware’s resignation earlier this week. The departure is part of the churn in the administration since Republican President Donald Trump was defeated by Democrat Joe Biden in last week’s election, raising concerns about the transition to the president-elect who would take office on Jan. 20. Trump, who has yet to concede and has repeatedly made unsubstantiated claims of electoral fraud, fired Defense Secretary Mark Esper and has installed loyalists in top positions at the Pentagon. Krebs has drawn praise from both Democrats and Republicans for his handling of the election, which generally ran smoothly despite persistent fears that foreign hackers might try to undermine the vote.

Full Article: Exclusive: Top official on U.S. election cybersecurity tells associates he expects to be fired | Reuters

National: Election Officials Directly Contradict Trump on Voting System Fraud | David E. Sanger, Matt Stevens and Nicole Perlroth/The New York Times

Hours after President Trump repeated a baseless report that a voting machine system “deleted 2.7 million Trump votes nationwide,” he was directly contradicted by a group of federal, state and local election officials, who issued a statement on Thursday declaring flatly that the election “was the most secure in American history” and that “there is no evidence” any voting systems were compromised. The rebuke, in a statement by a coordinating council overseeing the voting systems used around the country, never mentioned Mr. Trump by name. But it amounted to a remarkable corrective to a wave of disinformation that Mr. Trump has been pushing across his Twitter feed. The statement was distributed by the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, which is responsible for helping states secure the voting process. Coming directly from one of Mr. Trump’s own cabinet agencies, it further isolated the president in his false claims that widespread fraud cost him the election. The statement also came as a previously unified Republican Party showed signs of cracking on the question of whether to keep backing the president. Across the country, election officials have said the vote came off smoothly, with no reports of systemic fraud in any state, no sign of foreign interference in the voting infrastructure and no hardware or software failures beyond the episodic glitches that happen in any election. President-elect Joseph R. Biden Jr.’s lead in the popular vote has expanded to more than five million, and he remains on track to win a solid victory in the Electoral College.

Full Article: Election Officials Directly Contradict Trump on Voting System Fraud – The New York Times

National: Trump spreads baseless claim about Dominion Voting Systems after losing election | Audrey McNamara/CBS

President Trump and campaign surrogates have claimed, without evidence, that widespread voter fraud occurred in the key battleground states that gave President-elect Joe Biden the necessary Electoral College votes to become the projected 46th president of the United States. The latest claim, that Dominion Voting Systems, a voting software company used in 28 states, deleted and switched votes intended for Mr. Trump, also does not hold water. “There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised,” said a statement posted Thursday by the federal Cybersecurity & Infrastructure Security Agency (CISA). The joint statement, from the Election Infrastructure Government Coordinating Council and the Election Infrastructure Sector Coordinating Executive Committees, called the 2020 election “the most secure in American history.” Nevertheless, the president on Thursday tweeted an unsubstantiated story from the pro-Trump One America News Network that Dominion “deleted 2.7 million Trump votes nationwide,” citing “data analysis.” The post, which was flagged by Twitter, tagged OANN personality Chanel Rion, who earlier in the week amplified the baseless claim that a “glitch” in the system caused Mr. Biden to initially lead in the historically Republican county. The Michigan secretary of state’s office said it was a human error that was quickly corrected.

Full Article: Trump spreads baseless claim about Dominion Voting Systems after losing election – CBS News

National: No, Dominion voting machines did not cause widespread voting problems. | Jack Nicas/The New York Times

President Trump on Thursday spread new baseless claims about Dominion Voting Systems, which makes software that local governments around the nation use to help run their elections, fueling a conspiracy theory that Dominion “software glitches” changed vote tallies in Michigan and Georgia last week. The Dominion software was used in only two of the five counties that had problems in Michigan and Georgia, and in every instance there was a detailed explanation for what had happened. In all of the cases, software did not affect the vote counts. In the two Michigan counties that had mistakes, the inaccuracies were because of human errors, not software problems, according to the Michigan Department of State, county officials and election-security experts. Only one of the two Michigan counties used Dominion software. Issues in three Georgia counties had other explanations. In one county, an apparent problem with Dominion software delayed officials’ reporting of the vote tallies, but did not affect the actual vote count. In two other counties, a separate company’s software slowed poll workers’ ability to check-in voters. “Many of the claims being asserted about Dominion and questionable voting technology is misinformation at best and, in many cases, they’re outright disinformation,” said Edward Perez, an election-technology expert at the OSET Institute, a nonprofit that studies voting infrastructure. “I’m not aware of any evidence of specific things or defects in Dominion software that would lead one to believe that votes had been recorded or counted incorrectly.”

Full Article: No, Dominion voting machines did not cause widespread voting problems. – The New York Times

National: The GOP Keeps Proving There’s No Election Fraud | Lily Hay Newman/WIRED

After repeatedly raising the specter of fraud throughout the campaign season, President Donald Trump and his Republican allies have spent the last week attempting to sow doubt about the validity of the presidential election results. By Saturday, enough mail-in ballots had been counted that major news outlets called the race for Joe Biden. If anything, Trump and the GOP have since then become even more emboldened. But along the way, their legal challenges and other gestures have failed to show any instances of voter fraud. In fact, quite the opposite: They’ve inadvertently been proving the validity of the election’s results. It’s unclear whether President Trump and his allies actually hope to overturn the results of the election. Some reports indicate that the pushback is largely for show. But even if the challenges persist, they collectively don’t seem to be enough right now to overcome Biden’s commanding lead. Still, the Trump reelection campaign has brought lawsuits in states like Georgia, Arizona, Pennsylvania, Michigan, and Nevada over ballots they say are ineligible to be counted and votes they claim were cast fraudulently. A number of these challenges have already been dismissed. Those that remain haven’t gained significant traction. In at least one instance, Trump’s lawyers have flat-out acknowledged that they’re not actually alleging fraud despite the president’s insistence. On Tuesday, in a case over 592 disputed ballots in Montgomery County, Pennsylvania—a county where Biden leads by more than 130,000 votes—judge Richard Haaz pressed Trump reelection campaign lawyer Jonathan Goldstein. “Are you claiming that there is any fraud in connection with these 592 ballots?” Haaz asked. “To my knowledge at present, no,” Goldstein responded. “Are you claiming that there is any undue or improper influence upon the elector with respect to these 592 ballots?” Haaz asked. Goldstein again said no.

Full Article: The GOP Keeps Proving There’s No Election Fraud | WIRED

National: Trump Floats Improbable Survival Scenarios as He Ponders His Future | Maggie Haberman/The New York Times

At a meeting on Wednesday at the White House, President Trump had something he wanted to discuss with his advisers, many of whom have told him his chances of succeeding at changing the results of the 2020 election are thin as a reed. He then proceeded to press them on whether Republican legislatures could pick pro-Trump electors in a handful of key states and deliver him the electoral votes he needs to change the math and give him a second term, according to people briefed on the discussion. It was not a detailed conversation, or really a serious one, the people briefed on it said. Nor was it reflective of any obsessive desire of Mr. Trump’s to remain in the White House. “He knows it’s over,” one adviser said. But instead of conceding, they said, he is floating one improbable scenario after another for staying in office while he contemplates his uncertain post-presidency future. There is no grand strategy at play, according to interviews with a half-dozen advisers and people close to the president. Mr. Trump is simply trying to survive from one news cycle to the next, seeing how far he can push his case against his defeat and ensure the continued support of his Republican base. By dominating the story of his exit from the White House, he hopes to keep his millions of supporters energized and engaged for whatever comes next.

Full Article: Trump Floats Improbable Survival Scenarios as He Ponders His Future – The New York Times

Trump’s election challenge looks like a scam to line his pockets | Dana Milbank/The Washington Post

President Trump isn’t really trying to overturn the election. He’s simply running one more scam before he leaves office that would enable him to enrich himself. That’s the way it appears, at least, from the scores of fundraising emails his campaign has sent out since the election. He seems to be asking for funds to challenge the election, but the fine print shows that the money could let him line his own coffers. The tin-pot-dictator routine looks more as if it’s about passing the tin cup. “They’re trying to STEAL this Election,” declared one such Trump campaign fundraising missive Wednesday afternoon. from “Donald J. Trump, President of the United States.” “I promise you my team is fighting the clock to DEFEND the integrity of this Election, but we cannot do it alone. We need EVERY Patriot, like YOU, to step up and make sure we have the resources to keep going. … Please contribute ANY AMOUNT RIGHT NOW to DEFEND the Election.” But at the provided link to the “OFFICIAL ELECTION DEFENSE FUND,” the legalese at the end says something rather different: Sixty percent of the contribution, up to $5,000, goes to “Save America,” Trump’s newly created leadership PAC. And 40 percent of the contribution up to $35,500, goes to the Republican National Committee’s operating account, its political (not legal) fund. Only after reaching the first maximum would a single penny go to Trump’s “Recount Account,” and only after reaching the second maximum would a penny go to the RNC’s legal account.

Full Article: Opinion | Trump’s election challenge looks like a scam to line his pockets – The Washington Post

National: Pressure mounts on state Republicans as lawsuits challenging election results founder | Elise Viebeck, Tom Hamburger, Jon Swaine and Emma Brown/The Washington Post

Pressure mounted on state and local officials in battleground states to accept claims of ballot-counting irregularities and voter fraud in the election despite a lack of evidence, as Republicans sought new ways to block certification of Joe Biden’s clear victory in the presidential race. In Michigan, Republican lawyers lobbied the Wayne County canvassing board to consider evidence of alleged improprieties before certifying the vote. In Pennsylvania, GOP lawmakers were the target of social media campaigns demanding the appointment of electors who favor President Trump. And in Georgia, the Republican secretary of state defended the election and announced a hand audit of the results, despite calls by the state’s Republican senators for him to resign over alleged problems. The efforts in these states — where Biden has won or is leading in the count — come as the Trump campaign struggles to amass genuine evidence of fraud that will pass muster in court. Republican lawsuits seeking to challenge the Nov. 3 election results so far have foundered, and affidavits cited as proof of election fraud in cities such as Detroit have failed to substantiate serious claims that votes were counted illegally. While the Trump campaign’s lawsuits have so far been “summarily dismissed,” Michigan Attorney General Dana Nessel (D) said Wednesday that she is concerned the GOP may try to use baseless claims about irregularities or vote tampering to disrupt the certification of Biden’s win, depriving him of the state’s 16 electoral votes.

Full Article: Pressure mounts on state Republicans as lawsuits challenging election results founder – The Washington Post

National: Few legal wins so far as Trump team hunts for proof of fraud | Maryclaire Dale and Alanna Durkin Richer/Associated Press

During a Pennsylvania court hearing this week on one of the many election lawsuits brought by President Donald Trump, a judge asked a campaign lawyer whether he had found any signs of fraud from among the 592 ballots challenge. The answer was no. “Accusing people of fraud is a pretty big step,” said the lawyer, Jonathan Goldstein. “We’re all just trying to get an election done.” Trump has not been so cautious, insisting without evidence that the election was stolen from him even when election officials nationwide from both parties say there has been no conspiracy. On Wednesday, Trump took aim at Philadelphia, the Democratic stronghold that helped push President-elect Joe Biden over the 270 Electoral College votes needed to win the race. The president accused a local Republican election official Al Schmidt, of ignoring “a mountain of corruption & dishonesty.” Twitter added a label that said the election fraud claim is disputed. Trump loyalists have filed at least 15 legal challenges in Pennsylvania alone in an effort to reclaim the state’s 20 electoral votes. There is action, too, in Georgia, Arizona, Nevada and Michigan.

Full Article: Few legal wins so far as Trump team hunts for proof of fraud

National: Few Courts Have Intervened in Elections in Ways Sought by Trump Campaign | Jacob Gershman/Wall Street Journal

Few courts have considered the types of requests being made by the Trump campaign, such as keeping a state from certifying its election based on allegations that Republican poll observers lacked sufficient access to ballot counting. President Trump’s lawyers in federal court this week asked a judge to take that unprecedented step, arguing that Pennsylvania had inadequate safeguards to detect voting fraud. The campaign is pursuing similar claims in Michigan, where Republicans also are alleging misconduct in the election process. But such relief has rarely, if ever, been awarded to a campaign running behind in an election. “I don’t think there’s any precedent for this,” said Daniel Tokaji, an election-law expert and dean of University of Wisconsin Law School, referring to the Pennsylvania case. “The lawsuit is a Hail Mary pass.” The Trump campaign’s suit in Pennsylvania alleges counties controlled by Democrats processed ballots in unmonitored back rooms or in larger barricaded spaces with poll observers kept at a distance. State election officials have said they followed all laws and have declined to comment on the litigation. Republicans haven’t offered evidence of fraud in Pennsylvania.

Full Article: Few Courts Have Intervened in Elections in Ways Sought by Trump Campaign – WSJ

‘A grand scheme’: Trump’s election defiance consumes GOP | David Siders/Politico

It was just noise when it started — Donald Trump spouting wild, unsubstantiated claims about election fraud, his lawyer seething at an almost comical press conference in the parking lot of a Philadelphia landscaping business. But one week after an election in which Joe Biden received close to 5 million more popular votes than Trump and captured more than 270 electoral votes, the president and top Republican Party officials are nowhere near conceding. And with his posturing — and statements of Cabinet officials like Secretary of State Mike Pompeo — Trump is fueling a bonfire that’s consuming the GOP and disrupting the traditional transfer of power. It will be nearly impossible for Republicans to alter the outcome or prevent Biden from taking office. Counting all the states where he currently leads in voting, Biden has 306 electoral votes. In Michigan, Biden’s lead at the moment is more than 10 times larger than Trump’s winning margin was there in 2016. To date, Trump’s campaign has yet to produce evidence in any state of the kind of widespread ballot fraud the president alleges. Yet one week after the election, there is no sign any of that is sinking in. Instead, the controversy seems to be metastasizing within GOP circles, as the party unites behind an idea that threatens to distract Washington and state capitals for weeks amid an ongoing pandemic and a looming transition of government.

Full Article: ‘A grand scheme’: Trump’s election defiance consumes GOP – POLITICO

Misinformation by a thousand cuts: Varied rigged election claims circulate | Brandy Zadrozny/NBC

For Trump supporters intent on finding it, proof of the president’s claims that the 2020 election was “stolen” is everywhere. For some, it’s in the videos: the one in which a Colorado man claiming to be a poll worker, dressed in a yellow vest, rips up Trump ballots (it was a TikTok prank) or the trash bag of torn ballots found by a wedding party in an Oklahoma church (they were actually “spoiled ballots”) or the testimony from a Pennsylvania postal worker who claimed he was ordered to backdate ballots mailed after Election Day (he has since recanted and also denied recanting). For others, the evidence of a so-called Democratic plot could be found in the numbers. “Is it me, or do people not understand statistics?” asked one of the 1.3 million members in Nationwide Recount 2020, a private Facebook group, presenting an impassioned, if confusing, case for why mail-in ballots in swing states were favoring Biden. “Benford’s Law,” a supporter commented, linking to an anonymous Twitter account that claimed in a series of tweets that a mathematical observation that the first digits of numbers are likely to be smaller somehow suggested widespread fraud by the Democrats. Posts like these, discussing a dizzying array of false claims and conspiracy theories, have dominated social and ultraconservative media since the early morning after Election Day, when President Donald Trump prematurely and incorrectly declared himself the winner. As the votes continue to be counted and Joe Biden’s lead has increased (Biden was up by more than 5 million votes Wednesday), so has Trump’s insistence that the election was stolen from him.

Full Article: Misinformation by a thousand cuts: Varied rigged election claims circulate

National: As states press forward with vote counts, Trump advisers privately express pessimism about heading off Biden’s win | Amy Gardner, Tom Hamburger, Jon Swaine and Josh Dawsey/The Washington Post

Six states where President Trump has threatened to challenge his defeat continued their march toward declaring certified election results in the coming weeks, as his advisers privately acknowledged that President-elect Joe Biden’s official victory is less a question of “if” than “when.” Trump began the day tweeting about “BALLOT COUNTING ABUSE” as he and his allies touted unproven claims that fraud had tainted the election in Arizona, Georgia, Nevada, Pennsylvania, Michigan and Wisconsin. Vice President Pence gave a presentation to Republican senators on Capitol Hill about new litigation expected in Pennsylvania, Michigan and Georgia — imploring them to stick with the president, according to several Republicans in the room. But even some of the president’s most publicly pugilistic aides, including White House Chief of Staff Mark Meadows, Republican National Committee Chairwoman Ronna McDaniel and informal adviser Corey Lewandowski, have said privately that they are concerned about the lawsuits’ chances for success unless more evidence surfaces, according to people familiar with their views. Trump met with advisers again Tuesday afternoon to discuss whether there is a path forward, said a person with knowledge of the discussions, who, like others interviewed for this report, spoke on the condition of anonymity to describe internal discussions. The person said Trump plans to keep fighting but understands it is going to be difficult. “He is all over the place. It changes from hour to hour,” the person said.

Full Article: As states press forward with vote counts, Trump advisers privately express pessimism about heading off Biden’s win – The Washington Post

National: ‘What’s the downside for humoring him?’: A GOP official’s unintentionally revealing quote about the Trump era | Amy Gardner, Ashley Parker, Josh Dawsey and Emma Brown/The Washington Post

When the history of the Trump era is written, we’ll struggle to find quotes that are as revealing as one recorded Monday evening by . Speaking about President Trump’s and his legal team’s myriad and baseless claims of massive voter fraud, an anonymous senior Republican official offered a rhetorical shrug. “What is the downside for humoring him for this little bit of time? No one seriously thinks the results will change,” the official said. “He went golfing this weekend. It’s not like he’s plotting how to prevent Joe Biden from taking power on Jan. 20. He’s tweeting about filing some lawsuits, those lawsuits will fail, then he’ll tweet some more about how the election was stolen, and then he’ll leave.” Indeed, what’s a little undermining of democracy between friends?

Full Article: GOP official asks of Trump: ‘What’s the downside for humoring him?’ – The Washington Post

National: No Evidence of Systematic Fraud in U.S. Elections, International Observer Mission Reports | Jess Bravin/Wall Street Journal

A team of international observers invited by the Trump administration has issued a preliminary report giving high marks to the conduct of last week’s elections–and it criticizes President Trump for making baseless allegations that the outcome resulted from systematic fraud. A 28-member delegation from the Organization of American States followed events in several locations across the U.S., including in the battleground states of Georgia and Michigan, both remotely and with observers at polling stations and counting centers. “While the OAS Mission has not directly observed any serious irregularities that call into question the results so far, it supports the right of all contesting parties in an election, to seek redress before the competent legal authorities when they believe they have been wronged,” the report said. “It is critical however, that candidates act responsibly by presenting and arguing legitimate claims before the courts, not unsubstantiated or harmful speculation in the public media.” The OAS assessment followed similar findings by an election observation team from the Organization for Security and Cooperation in Europe. “Baseless allegations of systematic deficiencies, notably by the incumbent president, including on election night, harm public trust in democratic institutions,” Michael Georg Link, leader of the short-term OSCE observer mission, said last week.

Full Article: No Evidence of Systematic Fraud in U.S. Elections, International Observer Mission Reports – WSJ.com

National: Shock and frustration inside Justice Dept. over Barr’s vote-investigation memo | Devlin Barrett and Matt Zapotosky/The Washington Post

Current and former Justice Department officials said Tuesday they were stunned and frustrated by Attorney General William P. Barr’s move to loosen internal restrictions on how and when federal prosecutors investigate certain election-fraud cases before the results are certified — and worried that Barr was aiding President Trump’s effort to cast doubt on his defeat. The blow to morale was felt most acutely in the Justice Department’s criminal division, which is typically a key player in prosecuting election-related offenses and setting department policy in that area, people familiar with the matter said. Like others, they spoke on the condition of anonymity to discuss internal Justice Department deliberations. Some weeks ago, when Barr had first proposed the move, officials in the criminal division — including political leadership — had pushed back vigorously and thought they had dissuaded the attorney general from taking such a step, the people said. Then, without warning, Barr’s memo hit their email inboxes Monday night. Within hours, the head of the department’s election-crimes branch, Richard Pilger, told colleagues he was stepping down from that job and taking a lesser position at the department, citing the new guidance, as others privately seethed.

Full Article: Barr election-fraud memo angers Justice Department officials – The Washington Post

National: Trump’s Legal Blitz Isn’t Contesting Enough Votes to Win | David Voreacos, Greg Stohr and Mark Niquette/Bloomberg

President Donald Trump’s hopes of reversing the outcome of the 2020 election in the courts are running into the reality that the numbers just aren’t there in terms of votes he can dispute — at least not yet. In their most advanced legal challenge, the Trump campaign and the Republican Party are trying to have the U.S. Supreme Court toss Pennsylvania ballots that arrived after Nov. 3. But, with all but four of 67 counties reporting, state officials have only logged 7,800 such ballots, said Jacklin Rhoads, spokeswoman for Pennsylvania Attorney General Josh Shapiro. Biden’s lead in Pennsylvania stood at more than 45,000 votes Monday afternoon, not including the late-arriving ballots at issue. “If those ballots couldn’t change the election to make any difference to how Pennsylvania will be decided, then he doesn’t have a claim he can bring,” said Deborah Hellman, a University of Virginia law professor.

Full Article: Trump’s Legal Blitz Isn’t Contesting Enough Votes to Win (1)

National: The misinformation media machine amplifying Trump’s election lies | Lois Beckett and Julia Carrie Wong/The Guardian

The networks have made their calls, world leaders have begun paying their respects, and even Fox News and Rupert Murdoch’s other media outlets appear to have given up on a second term for Donald Trump. But in a video posted on Facebook on 7 November and viewed more than 16.5m times since, NewsMax host and former Trump administration official Carl Higbie spends three minutes spewing a laundry list of false and debunked claims casting doubt on the outcome of the presidential election. “I believe it’s time to hold the line,” said Higbie, who resigned from his government post over an extensive track record of racist, homophobic and bigoted remarks, to the Trump faithful. “I’m highly skeptical and you should be too.” The video, which has been shared more than 350,000 times on Facebook, is just one star in a constellation of pro-Trump misinformation that is leading millions of Americans to doubt or reject the results of the presidential election. Fully 70% of Republicans believe that the election was not “free and fair”, according to a Politico/Morning Consult poll conducted since election day. Among those doubters, large majorities believe two of Trump’s most brazen lies: that mail-in voting leads to fraud and that ballots were tampered with. Trump himself is the largest source of election misinformation; the president has barely addressed the public since Tuesday except to share lies and misinformation about the election. But his message attacking the electoral process is being amplified by a host of rightwing media outlets and pundits who appear to be jockeying to replace Fox News as the outlet of choice for Trumpists – and metastasizing on platforms such as Facebook and YouTube.

Full Article: The misinformation media machine amplifying Trump’s election lies | US news | The Guardian

National: Posts falsify ties between election tech firm and Democrats | Ali Swenson/Associated Press

As poll workers tallied votes from the U.S. presidential election, many social media users interpreted a clerk’s error in a small, Republican-leaning Michigan county as vote-rigging because it wrongly favored Joe Biden before being fixed. A week later, that misinterpreted mistake has snowballed into a deluge of false claims that Democrats have deep ties to Dominion Voting Systems, the company that supplies election equipment to Michigan and dozens of other states nationwide. Claims that House Speaker Nancy Pelosi, California Sen. Dianne Feinstein and the Clinton Foundation have interest or influence in Dominion are all unsubstantiated. But that didn’t stop tens of thousands of social media users from amplifying them on Facebook, Twitter and Instagram this week.

Full Article: Posts falsify ties between election tech firm and Democrats

National: U.S. Tried a More Aggressive Cyberstrategy, and the Feared Attacks Never Came | David E. Sanger and Julian E. Barnes/The New York Times

From its sprawling new war room inside Fort Meade, not far from Baltimore-Washington International Airport in Maryland, United States Cyber Command dived deep into Russian and Iranian networks in the months before the election, temporarily paralyzing some and knocking ransomware tools offline. Then it stole Iran’s game plan and, without disclosing the intelligence coup behind the theft, made public a part of Tehran’s playbook when the Iranians began to carry it out. Now, nearly a week after the polls closed, it is clear that all the warnings of a crippling cyberattack on election infrastructure, or an overwhelming influence operation aimed at American voters, did not come to pass. There were no breaches of voting machines and only modest efforts, it appears, to get inside registration systems. Interviews with government officials and other experts suggest a number of reasons for the apparent success. One may be that the United States’ chief adversaries were deterred, convinced that the voting infrastructure was so hardened, Facebook and Twitter were so on alert, and Cyber Command and a small group of American companies were so on the offensive that it was not worth the risk. But there is another explanation as well: In the 2020 election the distinction between foreign and domestic interference blurred. From early in the campaign, President Trump did more to undermine confidence in the system’s integrity than America’s rivals could have done themselves.

Full Article: U.S. Tried a More Aggressive Cyberstrategy, and the Feared Attacks Never Came – The New York Times

National: Barr Hands Prosecutors the Authority to Investigate Voter Fraud Claims | Katie Benner and Michael S. Schmidt/The New York Times

Attorney General William P. Barr, wading into President Trump’s unfounded accusations of widespread election irregularities, told federal prosecutors on Monday that they were allowed to investigate “specific allegations” of voter fraud before the results of the presidential race are certified. Mr. Barr’s authorization prompted the Justice Department official who oversees investigations of voter fraud, Richard Pilger, to step down from the post within hours, according to an email Mr. Pilger sent to colleagues that was obtained by The New York Times. Mr. Barr said he had authorized “specific instances” of investigative steps in some cases. He made clear in a carefully worded memo that prosecutors had the authority to investigate, but he warned that “specious, speculative, fanciful or far-fetched claims should not be a basis for initiating federal inquiries.” Mr. Barr’s directive ignored the Justice Department’s longstanding policies intended to keep law enforcement from affecting the outcome of an election. And it followed a move weeks before the election in which the department lifted a prohibition on voter fraud investigations before an election. “Given that voting in our current elections has now concluded, I authorize you to pursue substantial allegations of voting and vote tabulation irregularities prior to the certification of elections in your jurisdictions,” Mr. Barr wrote. A Justice Department official said that Mr. Barr had authorized scrutiny of allegations about ineligible voters in Nevada and backdated mail-in ballots in Pennsylvania. Republicans have circulated both claims in recent days without any evidence emerging to back them.

Full Article: Barr Hands Prosecutors the Authority to Investigate Voter Fraud Claims – The New York Times

National: No, Software Glitches Are Not Affecting Vote Counts | Nicole Perlroth and Jack Nicas/The New York Times

President Trump and many of his supporters complained over the weekend that “software glitches” undermined the vote counts in Michigan and Georgia and argued that the problems portended wider issues in other counties and states that used the same software. But issues in the unofficial vote counts in Michigan’s Antrim and Oakland counties were caused by human error, not software glitches, according to reviews by the Michigan Department of State, county clerks and election security experts. Officials concluded that they were isolated cases that did not signal wider issues with vote counts elsewhere. And in Georgia, software issues only affected how poll workers checked-in voters in two counties and delayed the reporting of results in another. The issues did not affect the counts. “Anyone trying to falsely connect the situations in the two states is spreading misinformation in an effort to undermine the integrity of our elections system,” said Tracy Wimmer, a spokeswoman for the Michigan Department of State. In Antrim County, Mich., a Republican stronghold, unofficial results initially showed President-elect Joseph R. Biden Jr. beating Mr. Trump by roughly 3,000 votes — a sharp reversal from Mr. Trump’s performance there in 2016. Local officials caught and fixed the error. In the revised count, Mr. Trump beat Mr. Biden by roughly 2,500 votes. The problem, election security experts and state officials concluded, was that an election worker had configured ballot scanners and reporting systems with slightly different versions of the ballot, which meant some results did not line up with the right candidate when officials loaded them into the system.

Full Article: No, Software Glitches Are Not Affecting Vote Counts – The New York Times

National: Top Republicans back Trump’s efforts to challenge election results | Amy Gardner, Ashley Parker, Josh Dawsey and Emma Brown/The Washington Post

Senate Majority Leader Mitch McConnell and other Republicans on Monday backed President Trump’s efforts to contest his loss to President-elect Joe Biden, despite the lack of evidence of significant fraud and sharp rebukes from election officials who defended the integrity of the vote. McConnell (R-Ky.) said from the floor of the Senate that the president is “100 percent within his right” to pursue recounts and litigation. McConnell did not repeat Trump’s baseless assertions that fraud had cost him the election, but he said he had met with Attorney General William P. Barr earlier in the day and supports the president’s right to investigate all claims of wrongdoing. “We have the tools and institutions we need to address any concerns,” McConnell said. “The president has every right to look into allegations and request recounts under the law.” Separately, Barr on Monday gave federal prosecutors a green light to pursue allegations of voting irregularities in certain cases before results are certified. The memo appeared to reverse previous Justice Department guidance that prosecutors generally should not take overt steps in cases involving alleged voter fraud until results are in and official.

Full Article: Top Republicans back Trump’s efforts to challenge election results – The Washington Post

National: False News Targeting Latinos Trails the Election | Patricia Mazzei and Nicole Perlroth/The New York Times