[EL] ELB News and Commentary 12/25/20

[Rick Hasen]

“Pence under pressure as the final step nears in formalizing Biden’s win”<https://electionlawblog.org/?p=120052>
Posted on December 25, 2020 10:21 am<https://electionlawblog.org/?p=120052> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/pence-biden-congress-electoral/2020/12/24/48f48da8-4604-11eb-a277-49a6d1f9dff1_story.html>

Pence is hoping for a low-key Jan. 6 and is not planning any unnecessary drama, aides said, intending to stick to his perfunctory role. He is eyeing a trip overseas soon after.

Trump realized only recently that Pence would play a notable role on that day and has been asking associates, including Pence, what can be done to block Biden’s win. The president became angry after a group called the Lincoln Project recently aired an ad suggesting Pence was abandoning the president, aides said.

The vice president has sought to avoid the appearance of breaking with the president, while trying to avoid echoing some of Trump’s most aggressive rhetoric, advisers said. His office is participating in the presidential transition, although Trump himself is not.

Yet for weeks, Pence has been near the center of the desperate, chaotic efforts<https://www.washingtonpost.com/politics/trump-assembles-a-ragtag-crew-of-conspiracy-minded-allies-in-flailing-bid-to-reverse-election-loss/2020/12/21/d7674cd2-43b2-11eb-b0e4-0f182923a025_story.html?itid=lk_inline_manual_14> to keep Trump in office. On Monday, he attended White House meetings with conservative House Republicans intent on challenging the results on Jan. 6; Pence told them his constitutional duty will be to open and count the results, not to determine their legitimacy, said a person familiar with the meeting who spoke on the condition of anonymity because they were not authorized to speak about it publicly.

But rumors of Pence’s power at the joint session of Congress<https://www.washingtonpost.com/politics/trump-republicans-biden-election/2020/12/09/abd596ea-3a4e-11eb-9276-ae0ca72729be_story.html?itid=lk_inline_manual_17> have been greatly exaggerated online. Some Trump supporters are insisting that he could use his role as presiding officer to invalidate the results from various states, causing the hashtag “Pence card” to trend on social media — meaning the pro-Trump forces should play that card.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>


“Democrats in Georgia Senate contests take in more than $200M”<https://electionlawblog.org/?p=120050>
Posted on December 25, 2020 10:17 am<https://electionlawblog.org/?p=120050> by Rick Hasen<https://electionlawblog.org/?author=3>

AP reports<https://abcnews.go.com/Politics/wireStory/democrats-georgia-senate-contests-200m-74908849>:

The Democrats running for Georgia’s two U.S. Senate seats each raised more than $100 million over two months, a massive haul that eclipse<https://abcnews.go.com/alerts/SolarEclipse>d campaign contributions to their Republican opponents and reflects the high stakes of the twin contests.

Jon Ossoff, who is taking on Sen. David Perdue, took in more than $106 million from Oct. 15 through Dec. 16, according to his latest campaign finance report. Raphael Warnock, who is trying to unseat Sen. Kelly Loeffler, was close behind with a little over $103 million.ADVERTISEMENT

Perdue reported $68 million over the same two-month span, with Loeffler taking in just under $64 million. Three of the campaigns reported their financial data on Thursday. Loeffler submitted hers a day earlier.

The two races will determine which party controls the Senate — and likely how ambitious President-elect Joe Biden can be with his agenda.
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Posted in campaign finance<https://electionlawblog.org/?cat=10>, campaigns<https://electionlawblog.org/?cat=59>


“Government report warns of potential violence and foreign interference during Georgia Senate runoffs”<https://electionlawblog.org/?p=120048>
Posted on December 25, 2020 10:07 am<https://electionlawblog.org/?p=120048> by Rick Hasen<https://electionlawblog.org/?author=3>

Yahoo News<https://www.yahoo.com/news/government-report-warns-of-potential-violence-and-foreign-interference-during-georgia-senate-runoffs-191001382.html>:

With the Georgia Senate runoff races<https://news.yahoo.com/kamala-harris-campaigns-in-georgia-2020-aint-over-until-january-5th-211313419.html> just two weeks away, the Department of Homeland Security is warning of the possibility of “ideologically motivated violence” and even a foreign influence campaign as voters prepare to go to the polls, according to a new internal report obtained by Yahoo News.

The Dec. 22 report, marked for official use only, says Georgia faces a “potentially heightened physical threat environment” that could drive violence or threats of violence similar to those seen nationwide during the 2020 presidential and state election season. Incidents of violence in or near the state capitol in Atlanta, courts and other “symbolic political institutions” could also negatively affect elected officials or election workers in Georgia, the report says.

“We further judge that violent extremists or other actors could quickly mobilize to violence or generate violent disruptions of otherwise lawful protests in response to a range of issues,” the report says, including possible disputes over the results of the Nov. 3 presidential election.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, Election Meltdown<https://electionlawblog.org/?cat=127>


“NY House race flips multiple times amid ballot fight, with result not expected before swearing-in date”<https://electionlawblog.org/?p=120046>
Posted on December 25, 2020 9:59 am<https://electionlawblog.org/?p=120046> by Rick Hasen<https://electionlawblog.org/?author=3>

Fox News reports.<https://www.foxnews.com/politics/ny-house-race-ballot-fight-swearing-in>
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Frustrated Trump met with Pence before holiday break”<https://electionlawblog.org/?p=120043>
Posted on December 24, 2020 5:05 pm<https://electionlawblog.org/?p=120043> by Rick Hasen<https://electionlawblog.org/?author=3>

CNN:<https://www.cnn.com/2020/12/24/politics/trump-pence-electoral-college/index.html>

Hours before President Donald Trump<http://www.cnn.com/specials/politics/president-donald-trump-45> retweeted a message for his vice president to “act” in stopping the ratification of the Electoral College, he met for more than an hour in the Oval Office with Mike Pence, whom he has complained recently isn’t doing enough to support his bid to overturn the election.

The discussion was “entirely unrelated” to the eventual tweet, one person familiar with the matter said, though would not specify whether the issue of the January 6 ratification in Congress arose. The two men went separate ways for the holiday.

As Trump enters the holiday stretch as fixated as ever<http://www.cnn.com/2020/12/24/politics/donald-trump-pardons-veto-final-days/index.html> on overturning the results of the election, the Electoral College certification is becoming a focal point for his efforts.On Wednesday evening, as he was flying to Florida for his vacation, Trump retweeted a call from one of his supporters for Pence to refuse to ratify the Electoral College results on January 6 — a prospect that has captured his imagination even if it remains completely impossible.

Trump’s personal attorney Rudy Giuliani was with Trump aboard Air Force One before the President sent out the tweet. Giuliani is joining Trump at his Mar-a-Lago estate for the holidays, where the men are expected to discuss their election efforts….

Trump has told people recently that Pence isn’t doing enough to fight for him as his presidency ends, and has recently taken an interest in Pence’s traditional role during the certification. As President of the Senate, Pence presides over the proceedings.

Sources say Trump in recent days has brought the matter up to the vice president and has been “confused” as to why Pence can’t overturn the results of the election on January 6.Pence and White House aides have tried to explain to him that his role is more of a formality and he cannot unilaterally reject the Electoral College votes.

Traditionally, the vice president presides over the electoral vote certification, though it’s not a requirement. In 1969, then-Vice President Hubert Humphrey didn’t preside over the process since he had just lost the presidential election to Richard Nixon. The president pro tempore of the Senate presided instead.

One source close to Pence said it is not seen as a good option for Republican Sen. Chuck Grassley — the current president pro tempore — to be there instead of Pence on January 6.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, electoral college<https://electionlawblog.org/?cat=44>


7th Circuit Panel Unanimously Rejects Trump Attempt to Overturn Wisconsin Election Results, Finding Laches (Unreasonable Delay) and Misreading of the Scope of the Elections Clause<https://electionlawblog.org/?p=120041>
Posted on December 24, 2020 3:16 pm<https://electionlawblog.org/?p=120041> by Rick Hasen<https://electionlawblog.org/?author=3>

You can find the opinion at this link.<http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D12-24/C:20-3414:J:Scudder:aut:T:fnOp:N:2635261:S:0>

The opinion does find that the President had standing to bring his claim, which differs from some other recent opinions.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Judge dismisses GOP lawsuit to limit Georgia ballot drop box hours”<https://electionlawblog.org/?p=120039>
Posted on December 24, 2020 3:07 pm<https://electionlawblog.org/?p=120039> by Rick Hasen<https://electionlawblog.org/?author=3>

AJC<https://www.ajc.com/politics/judge-dismisses-gop-lawsuit-to-limit-georgia-ballot-drop-box-hours/XHGJZ5UTPRBPJBMP3G63SYVX3E/>:

A Fulton County judge dismissed a Republican Party lawsuit<https://www.ajc.com/politics/election/republican-lawsuit-would-limit-use-of-ballot-drop-boxes-in-georgia/7GBT2RX7N5DGXDDV6IONWEE5B4/> Thursday that tried to close absentee ballot drop boxes after normal business hours.

Superior Court Judge Kimberly Esmond Adams’ ruling allows voters to continue using drop boxes 24 hours a day under video surveillance until polls close for the U.S. Senate runoffs Jan. 5. She rejected the case after an online court hearing.

The decision is the latest defeat for Republicans who have filed a series of lawsuits<https://www.ajc.com/politics/election/republicans-file-another-lawsuit-challenging-rules-for-georgia-absentee-ballots/EMUQ45ETCNDKFK5XKZ3KTPDK4A/> in the wake of the presidential election seeking to invalidate its results or change election procedures in the runoffs. None<https://www.ajc.com/politics/election/judge-rejects-another-election-lawsuit-by-georgia-us-senators/HLI4RNRDK5GYZHOXGY57UPTCS4/> of these lawsuits has been successful<https://www.ajc.com/politics/election/georgia-rips-trumps-voter-fraud-claims-in-court/P6TI4J3CKVDQZMNVG66Q2GBQCE/> in federal or state courts in Georgia.

The lawsuit from the Republican National Committee and Georgia Republican Party had argued that drop boxes should be limited to the same hours as county election offices.

But an attorney for the secretary of state’s office said drop boxes are allowed<https://www.ajc.com/news/state--regional-govt--politics/ballot-drop-boxes-approved-for-georgia-voters-during-coronavirus/4Bir3Ymx1zL0ZOGsXMazEO/> to remain open at all hours under a State Election Board rule approved earlier this year.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Sidney Powell’s secret intelligence contractor witness is a pro-Trump podcaster”<https://electionlawblog.org/?p=120037>
Posted on December 24, 2020 3:00 pm<https://electionlawblog.org/?p=120037> by Rick Hasen<https://electionlawblog.org/?author=3>

Bonkers WaPo story:<https://www.washingtonpost.com/investigations/sidney-powells-secret-intelligence-contractor-witness-is-a-pro-trump-podcaster/2020/12/24/d5a1ab9e-4403-11eb-a277-49a6d1f9dff1_story.html>

s she asked the U.S. Supreme Court this month to overturn President Trump’s election loss, the attorney Sidney Powell cited testimony from a secret witness presented as a former intelligence contractor with insights on a foreign conspiracy to subvert democracy.

Powell told courts that the witness is an expert who could show that overseas corporations helped shift votes to President-elect Joe Biden. The witness’s identity must be concealed from the public, Powell has said, to protect her “reputation, professional career and personal safety.”

The Washington Post identified the witness by determining that portions of her affidavit match, sometimes verbatim, a blog post<https://toresays.com/2019/11/22/proof-that-auditing-election-machines-cannot-detect-manipulation-of-votes> that the pro-Trump podcaster Terpsichore Maras-Lindeman published in November 2019. In an interview, Maras-Lindeman confirmed that she wrote the affidavit and said she viewed it as her contribution to a fight against the theft of the election.

“This is everybody’s duty,” she said. “It’s just not fair.”

In a recent civil fraud case, attorneys for the state of North Dakota said that Maras-Lindeman falsely claimed to be a medical doctor and to have both a PhD and an MBA. They said she used multiple aliases and social security numbers and created exaggerated online résumés as part of what they called “a persistent effort . . . to deceive others.”…

You’ve got to read this whole story.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>


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