[EL] ELB News and Commentary 10/30/17

Mon Oct 30 09:46:29 PDT 2017

What Did Trump Know and When Did He Know About Russian Offer to Campaign Official of “Dirt” via Clinton Emails?<http://electionlawblog.org/?p=95746>
Posted on October 30, 2017 9:37 am<http://electionlawblog.org/?p=95746> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2017/10/30/us/politics/george-papadopoulos-russia.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront&_r=0>
A professor with close ties to the Russian government told an adviser to Donald J. Trump’s presidential campaign in April 2016 that Moscow had “dirt” on Hillary Clinton in the form of “thousands of emails,” according to court documents unsealed Monday<https://static01.nyt.com/packages/pdf/politics/2017/statement_of_the_offense.filed_.pdf>.
The adviser, George Papadopoulos, has pleaded guilty to lying to the F.B.I. about that conversation. The plea represents the most explicit evidence connecting the Trump campaign to the Russian government’s meddling in last year’s election.
“They have dirt on her,” the professor told him, according to the documents. “They have thousands of emails.”
From the unsealed statement:<https://static01.nyt.com/packages/pdf/politics/2017/statement_of_the_offense.filed_.pdf>
[http://electionlawblog.org/wp-content/uploads/Screen-Shot-2017-10-30-at-9.33.53-AM-296x300.png][http://electionlawblog.org/wp-content/uploads/Screen-Shot-2017-10-30-at-9.34.50-AM-300x188.png]
Notably, the arrest was in July and the indictment was revealed today, and today’s statement includes the following tantalizing note which could well indicate that Papadopolous has been cooperating and wearing a wire:
[http://electionlawblog.org/wp-content/uploads/Screen-Shot-2017-10-30-at-9.36.29-AM-300x172.png]
Josh Marshall<http://talkingpointsmemo.com/edblog/thoughts-on-the-papadopolous-plea>:
The Papadopolous plea is quite different.
It shows a Trump foreign policy advisor in active communication with what appear to be Russian government officials or spies trying to get dirt on Hillary Clinton, arrange meetings with Russian government officials (even Vladimir Putin, rather ludicrously) and solicit Russian support. That an active foreign policy advisor was taking these actions while in active communication with the campaign about those actions is quite damning. An unnamed campaign official sent back word that a meeting with Trump himself was not happening.
Papadopolous was arrested in July and has apparently been cooperating since. I see no purely legal reason why the news of his arrest in July and guilty plea in early October had to be revealed today, other than keeping the news from Manafort. One other potential reason is that one of the ‘campaign officials’ referenced in the Papadopolous plea appears to be Manafort. It sends two clear messages. First, we’re not at all done with collusion and we’re making progress. Second, we arrested Papadopolous in July and he pled out in October and no one knew. So don’t think you have any idea what we have.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

“Suit: Indiana Secretary of State’s office broke election law”<http://electionlawblog.org/?p=95744>
Posted on October 30, 2017 9:18 am<http://electionlawblog.org/?p=95744> by Rick Hasen<http://electionlawblog.org/?author=3>
AP:<http://wishtv.com/?p=749645&preview=true&preview_id=749645>
A government watchdog group is suing Indiana Secretary of State Connie Lawson, accusing her office of allowing voters to be illegally purged from the state’s voting roles.
Common Cause Indiana is asking a federal judge to put a stop what it calls “discriminatory and illegal” practices the Republican secretary of state’s office adopted in the wake of new state law that went into effect in July. Lawson’s general counsel has dismissed the allegations as “baseless.”
At issue is how the election division in Lawson’s office allows local officials to remove voters from their rolls if it is believed that they have moved to another state.
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Posted in election administration<http://electionlawblog.org/?cat=18>, NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>

This American Life on Voter Fraud<http://electionlawblog.org/?p=95742>
Posted on October 30, 2017 9:14 am<http://electionlawblog.org/?p=95742> by Rick Hasen<http://electionlawblog.org/?author=3>
Segment here<https://www.thisamericanlife.org/radio-archives/episode/630/things-i-mean-to-know?act=1> (based on this paper<https://www.dropbox.com/s/fokd83nn4x6wuw9/OnePersonOneVote.pdf?dl=0>). (Begins around 8 minute mark).
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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Scofflaw politicos ignore federal fines — with few consequences”<http://electionlawblog.org/?p=95740>
Posted on October 30, 2017 9:01 am<http://electionlawblog.org/?p=95740> by Rick Hasen<http://electionlawblog.org/?author=3>
CPI:<https://www.publicintegrity.org/2017/10/30/21240/scofflaw-politicos-ignore-federal-fines-few-consequences>
More than 160 political committees and similar groups together owe the government more than $1.3 million worth of unpaid fines, according to a Center for Public Integrity<http://www.publicintegrity.org/politics> analysis of Federal Election Commission and U.S. Treasury records since 2000.
Some of those unpaid fines amount to as little as $10 while others soar into five figures. Many cases concern all-but-forgotten also-ran political candidates, but others involve political luminaries — the Rev. Al Sharpton, MSNBC host Joe Scarborough and Green Party presidential nominee Jill Stein, among them. Super PACs and politically active nonprofits have joined the nonpayment parade of late. And there’s little evidence any of that cash will soon begin to roll in.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>

“David Gans: Don’t purge voters for choosing not to vote”<http://electionlawblog.org/?p=95738>
Posted on October 30, 2017 8:59 am<http://electionlawblog.org/?p=95738> by Rick Hasen<http://electionlawblog.org/?author=3>
Akron Beacon-Journal oped.<https://www.ohio.com/akron/editorial/commentary/david-gans-dont-purge-voters-for-choosing-not-to-vote>

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Posted in NVRA (motor voter)<http://electionlawblog.org/?cat=33>, The Voting Wars<http://electionlawblog.org/?cat=60>

Nice WaPo Graphics on Supreme Court Justice Public Appearances<http://electionlawblog.org/?p=95736>
Posted on October 27, 2017 8:01 pm<http://electionlawblog.org/?p=95736> by Rick Hasen<http://electionlawblog.org/?author=3>
They are in this Bob Barnes story<https://www.washingtonpost.com/politics/courts_law/how-many-harvard-law-school-grads-does-it-take-to-make-a-supreme-court/2017/10/26/970e5460-baa2-11e7-be94-fabb0f1e9ffb_story.html?utm_term=.132f9c5821d3> on Justices at the Harvard bicentennial. You can find them directlyhere<https://www.washingtonpost.com/politics/courts_law/how-many-harvard-law-school-grads-does-it-take-to-make-a-supreme-court/2017/10/26/970e5460-baa2-11e7-be94-fabb0f1e9ffb_story.html?utm_term=.132f9c5821d3> and here<https://www.washingtonpost.com/politics/courts_law/how-many-harvard-law-school-grads-does-it-take-to-make-a-supreme-court/2017/10/26/970e5460-baa2-11e7-be94-fabb0f1e9ffb_story.html?utm_term=.132f9c5821d3>.
It is based upon my work for the Green Bag on Celebrity Justice<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2611729>, as well as the excellent work of Victoria Kwan and Jay Pinho for Scotusmap.com<http://www.scotusmap.com/>.
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Posted in Celebrity Justice<http://electionlawblog.org/?cat=109>, Supreme Court<http://electionlawblog.org/?cat=29>

“Clinton lawyer kept Russian dossier project closely held”<http://electionlawblog.org/?p=95734>
Posted on October 27, 2017 7:22 pm<http://electionlawblog.org/?p=95734> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo:<https://www.washingtonpost.com/politics/clinton-lawyer-kept-russian-dossier-project-closely-held/2017/10/27/e7935276-ba68-11e7-be94-fabb0f1e9ffb_story.html?utm_term=.f3bbecc19fe6>
When Marc Elias, general counsel for Hillary Clinton’s presidential campaign, hired a private research firm in the spring of 2016 to investigate Donald Trump, he drew from funds he was authorized to spend without oversight by campaign officials, according to a spokesperson for his law firm.
The firm hired by Elias<https://www.washingtonpost.com/world/national-security/clinton-campaign-dnc-paid-for-research-that-led-to-russia-dossier/2017/10/24/226fabf0-b8e4-11e7-a908-a3470754bbb9_story.html?utm_term=.7a6084b15237>, Fusion GPS, produced research that resulted a dossier detailing alleged connections between Trump and Russia. While the funding for the work came from the campaign and the Democratic National Committee, Elias kept the information about the investigation closely held as he advised the campaign on its strategy, according to the spokesperson, who requested anonymity to discuss the internal dynamics.
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Posted in campaigns<http://electionlawblog.org/?cat=59>, chicanery<http://electionlawblog.org/?cat=12>

Read Excerpts from Dale Ho’s Deposition of Kris Kobach on Meeting Trump, Talking Changes to Motor Voter Law<http://electionlawblog.org/?p=95731>
Posted on October 27, 2017 4:52 pm<http://electionlawblog.org/?p=95731> by Rick Hasen<http://electionlawblog.org/?author=3>
Fun stuff.<https://www.aclu.org/blog/voting-rights/fighting-voter-suppression/unsealed-documents-show-kris-kobach-dead-set>

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Posted in fraudulent fraud squad<http://electionlawblog.org/?cat=8>

“Talking Points Brought to Trump Tower Meeting Were Shared With Kremlin”<http://electionlawblog.org/?p=95729>
Posted on October 27, 2017 3:06 pm<http://electionlawblog.org/?p=95729> by Rick Hasen<http://electionlawblog.org/?author=3>
NYT:<https://www.nytimes.com/2017/10/27/us/politics/trump-tower-veselnitskaya-russia.html?rref=collection%2Fsectioncollection%2Fpolitics&action=click&contentCollection=politics&region=rank&module=package&version=highlights&contentPlacement=2&pgtype=sectionfront&_r=0>
Natalia V. Veselnitskaya arrived at a meeting at Trump Tower<https://www.nytimes.com/2017/07/11/us/politics/trump-russia-email-clinton.html> in June 2016 hoping to interest top Trump campaign officials in the contents of a memo she believed contained information damaging to the Democratic Party and, by extension, Hillary Clinton. The material was the fruit of her research as a private lawyer, she has repeatedly said, and any suggestion that she was acting at the Kremlin’s behest that day is anti-Russia “hysteria.”
But interviews and records show that in the months before the meeting, Ms. Veselnitskaya had discussed the allegations with one of Russia’s most powerful officials, the p<https://www.nytimes.com/2017/07/17/world/europe/russia-donald-trump-jr-kompromat-yuri-chaika.html>rosecutor <https://www.nytimes.com/2017/07/17/world/europe/russia-donald-trump-jr-kompromat-yuri-chaika.html> g<https://www.nytimes.com/2017/07/17/world/europe/russia-donald-trump-jr-kompromat-yuri-chaika.html>eneral<https://www.nytimes.com/2017/07/17/world/europe/russia-donald-trump-jr-kompromat-yuri-chaika.html>,<https://www.nytimes.com/2017/07/17/world/europe/russia-donald-trump-jr-kompromat-yuri-chaika.html> Yuri Y. Chaika<https://www.nytimes.com/2017/07/17/world/europe/russia-donald-trump-jr-kompromat-yuri-chaika.html>. And the memo she brought with her closely followed a document that Mr. Chaika’s office had given to an American congressman two months earlier, incorporating some paragraphs verbatim.
The coordination between the Trump Tower visitor and the Russian prosecutor general undercuts Ms. Veselnitskaya’s<https://www.nytimes.com/2017/07/11/world/europe/natalia-veselnitskaya-donald-trump-jr-russian-lawyer.html?rref=collection%2Ftimestopic%2FRussia&action=click&contentCollection=world&region=stream&module=stream_unit&version=latest&contentPlacement=3&pgtype=collection> account that she was a purely independent actor when she sat down with Donald Trump Jr., Jared Kushner, the president’s son-in-law, and Paul J. Manafort, then the Trump campaign chairman. It also suggests that emails from an intermediary to the younger Mr. Trump promising that Ms. Veselnitskaya would arrive with information from Russian prosecutors were rooted at least partly in fact — not mere “puffery,”<http://insider.foxnews.com/2017/07/11/donald-trump-jr-hannity-interview-email-chain-russian-lawyer-meeting> as the president’s son later said<http://insider.foxnews.com/2017/07/11/donald-trump-jr-hannity-interview-email-chain-russian-lawyer-meeting>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Trump DOJ Brief, Supporting Texas in 5th Circuit Voter ID Appeal, Supports Voter ID Generally as Legitimate Policy Choice<http://electionlawblog.org/?p=95726>
Posted on October 27, 2017 2:49 pm<http://electionlawblog.org/?p=95726> by Rick Hasen<http://electionlawblog.org/?author=3>
Read the brief.<http://electionlawblog.org/wp-content/uploads/doj-5th-veasey.pdf>

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Posted in The Voting Wars<http://electionlawblog.org/?cat=60>

“Candidate Disclosure and Ballot Access Bills: Novel Questions on Voting and Disclosure”<http://electionlawblog.org/?p=95724>
Posted on October 27, 2017 2:39 pm<http://electionlawblog.org/?p=95724> by Rick Hasen<http://electionlawblog.org/?author=3>
Danielle Lang has posted this draft <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3051416> on SSRN (forthcoming, UCLA Law Review).  Here is the abstract:
For nearly a half century prior to the current administration, U.S. presidents and most serious candidates for the presidency have released their tax returns for public inspection. The practice of presidential tax disclosure serves several key functions. It provides the public with important insights into the president’s or presidential candidate’s potential conflicts of interest, particularly with respect to personal conflicts of interest related to reform of the tax system. It also instills public confidence in the honesty, integrity, and transparency of a presidential administration. Yet, despite repeated calls throughout the 2016 election cycle and since his election and inauguration, from advocates and ordinary citizens alike, and sustained public support for disclosure, President Donald Trump has not released his tax returns. President Trump’s refusal to comply with this well-established norm has exposed a gap in our regulation of presidential elections.
Legislators in at least twenty-three states have released at least forty bills seeking to force presidential candidate tax return transparency. These laws would hinge access to the state presidential ballot on voluntary disclosure. Ballot access laws requiring presidential candidate disclosure, even in just a few states, would reinforce the disclosure norm and leave future candidates in the position of abandoning entire states (and thus harming their popular vote totals) in order to evade transparency.
This Essay addresses whether these state ballot access measures pass constitutional muster and concludes that they do. These ballot access measures are not unlawful additional substantive qualifications for the presidency but rather procedural requirements akin to other state laws requiring the filing of petition signatures or filing fees. The Essay further posits that several key drafting choices would strengthen their likelihood of success in the nearly inevitable court challenges they would face. While several academics and practitioners have opined recently about this issue in the public sphere, there has not yet been any robust legal analysis of these proposals, which raise novel questions at the intersection of disclosure and ballot access law. This Essay begins to fill that gap.
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Posted in campaigns<http://electionlawblog.org/?cat=59>

38 Ideas for Fixing American Democracy<http://electionlawblog.org/?p=95722>
Posted on October 27, 2017 2:33 pm<http://electionlawblog.org/?p=95722> by Rick Hasen<http://electionlawblog.org/?author=3>
WaPo.<https://www.washingtonpost.com/graphics/2017/lifestyle/magazine/how-to-fix-american-democracy/?utm_term=.6e31dd7f3e2a>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

Ohio Voter Purge Case Switched to January Calendar<http://electionlawblog.org/?p=95720>
Posted on October 27, 2017 2:27 pm<http://electionlawblog.org/?p=95720> by Rick Hasen<http://electionlawblog.org/?author=3>
<https://twitter.com/lawrencehurley>
 Follow<https://twitter.com/lawrencehurley>
[https://pbs.twimg.com/profile_images/722203035556978688/e7qBr76K_normal.jpg]Lawrence Hurley <https://twitter.com/lawrencehurley>
✔@lawrencehurley<https://twitter.com/lawrencehurley>
NEW: Supreme Court has taken Ohio voting purge case off its November calendar because petitioners had to switch lawyers
2:21 PM - Oct 27, 2017<https://twitter.com/lawrencehurley/status/924023293732179969>

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Posted in Supreme Court<http://electionlawblog.org/?cat=29>

Texas Files Supreme Court Brief in State Redistricting Case<http://electionlawblog.org/?p=95718>
Posted on October 27, 2017 2:25 pm<http://electionlawblog.org/?p=95718> by Rick Hasen<http://electionlawblog.org/?author=3>
Read it here.<https://www.texasattorneygeneral.gov/files/epress/files/2017/ABBOTT_et_al_v_PEREZ_et_al-JURISDICTIONAL_STATEMENT.PDF>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“How corporations are still playing politics more than a century after President Theodore Roosevelt and the Tillman Act”<http://electionlawblog.org/?p=95716>
Posted on October 27, 2017 2:23 pm<http://electionlawblog.org/?p=95716> by Rick Hasen<http://electionlawblog.org/?author=3>
Michael Beckel <https://www.issueone.org/corporations-still-playing-politics-century-president-theodore-roosevelt-tillman-act/> for Issue One:
For instance, last year in Nevada, the app-based ride-sharing company Uber sponsored campaign mailers and e-mail messages to its riders and drivers urging the reelection of Republican Assemblyman Derek Armstrong, as veteran journalist Jon Ralston reported.
Meanwhile, at the federal level, roughly three-dozen publicly traded companies donated to super PACs ahead of the 2016 election, according to research by the Committee on Economic Development. About a dozen of these were Fortune 500 companies.
The most prominent of these corporate super PAC donors? Oil giant Chevron, which has donated $7.75 million to super PACs focused on electing Republicans to Congress since the Citizens United decision in 2010, including roughly $1 million so far this year.
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Posted in campaign finance<http://electionlawblog.org/?cat=10>, campaigns<http://electionlawblog.org/?cat=59>

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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