[EL] ELB News and Commentary 1/15/21

[Rick Hasen]

“Senate Plans Trial for Trump as G.O.P. Weighs Risks of Convicting”<https://electionlawblog.org/?p=120476>
Posted on January 14, 2021 9:36 pm<https://electionlawblog.org/?p=120476> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2021/01/14/us/politics/impeachment-senate-trial-trump.html?action=click&module=Top%20Stories&pgtype=Homepage>

Although Senator Mitch McConnell, Republican of Kentucky and the majority leader, has privately told advisers that he approves of the impeachment drive<https://www.nytimes.com/2021/01/12/us/mitch-mcconnell-trump-impeachment.html?searchResultPosition=3> and believes it could help his party purge itself of Mr. Trump, he refused to begin the proceedings this week while he is still in charge. That means the trial will not effectively start until after Mr. Biden is sworn in on Wednesday, officials involved in the planning said.

Speaker Nancy Pelosi of California has discretion over when to transmit the article of impeachment<https://www.nytimes.com/interactive/2021/01/11/us/articles-impeachment-trump.html>, formally initiating the Senate proceeding. Some Democrats said she might wait until Monday, Jan. 25, or longer to allow more time for the Senate to put in place Mr. Biden’s national security team to respond to continued threats of violence from pro-Trump extremists.

With Republicans fractured after the president’s bid to overturn the election inspired a rampage, many of them were trying to gauge the dynamics of a vote to convict Mr. Trump. Doing so would open the door to disqualifying him from holding office in the future.

A cautionary tale was playing out in the House, where a faction of Mr. Trump’s most ardent allies was working to topple Representative Liz Cheney of Wyoming, the No. 3 Republican, from her leadership post. Ms. Cheney had joined nine other members of the party<https://www.nytimes.com/2021/01/13/us/politics/trump-impeached.html> who voted with Democrats to charge the president with “incitement of insurrection.”

Most Senate Republicans stayed publicly silent about their positions. But Senator Lisa Murkowski, Republican of Alaska and one of the president’s leading critics, signaled on Thursday that she was among a small group in her party so far considering convicting Mr. Trump. In a stinging statement, she called his actions “unlawful,” saying they warranted consequences, and added that the House had acted appropriately in impeaching him.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120476&title=%E2%80%9CSenate%20Plans%20Trial%20for%20Trump%20as%20G.O.P.%20Weighs%20Risks%20of%20Convicting%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Does Voter Fraud Pay? Texas Lt. Gov. Dan Patrick’s $1 Million Voter Fraud Offer”<https://electionlawblog.org/?p=120474>
Posted on January 14, 2021 9:24 pm<https://electionlawblog.org/?p=120474> by Rick Hasen<https://electionlawblog.org/?author=3>

Michael Conklin has posted this draft<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3740653> on SSRN. Here is the abstract:

On November 10, 2020, Texas Lieutenant Governor Dan Patrick put out a press release stating, in relevant part, “[S]tarting today [I] will pay up to $1 million to incentivize, encourage and reward people to come forward and report voter fraud. . . . Anyone who provides information that leads to an arrest and final conviction of voter fraud will be paid a minimum of $25,000.” This concise Article analyzes whether Patrick’s statement constitutes an offer that contractually obligates him to pay in the event someone accepts by completing the requested action. Additionally, the potential existence of a campaign finance violation is considered.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120474&title=%E2%80%9CDoes%20Voter%20Fraud%20Pay%3F%20Texas%20Lt.%20Gov.%20Dan%20Patrick%E2%80%99s%20%241%20Million%20Voter%20Fraud%20Offer%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Far-right groups make plans for protests and assaults before and after Inauguration Day”<https://electionlawblog.org/?p=120472>
Posted on January 14, 2021 2:15 pm<https://electionlawblog.org/?p=120472> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/national-security/far-right-violent-plans-inauguration/2021/01/14/15668f16-567d-11eb-a817-e5e7f8a406d6_story.html>

President Trump’s exhortation for his supporters to attack the Capitol on Jan. 6 has galvanized a nationwide extremist movement and fueled those determined to disrupt the transfer of power to President-elect Joe Biden and violently challenge the legitimacy of the election for months — and possibly years, according to U.S. officials and independent experts.

U.S. officials have warned authorities nationwide to be on alert for potential acts of violence at state capitols<https://www.washingtonpost.com/national/state-capitals-protests-governors/2021/01/13/d3ec0e7c-55c7-11eb-a08b-f1381ef3d207_story.html?itid=lk_inline_manual_3>, as well as a possible second attack on the Capitol or on the White House. Law enforcement authorities have said extremists may use firearms and explosives and are monitoring online calls to rally in cities nationwide beginning Sunday. Security at the inaugural ceremony<https://www.washingtonpost.com/national/biden-inauguration-security-dc/2021/01/12/b1a9781a-54e9-11eb-89bc-7f51ceb6bd57_story.html?itid=lk_inline_manual_3> in Washington on Jan. 20 probably will be the most intense ever.

At the center of the amorphous but increasingly motivated extremist movement sits the current president, now twice impeached<https://www.washingtonpost.com/politics/house-impeachment-trump/2021/01/13/05fe731c-55c5-11eb-a931-5b162d0d033d_story.html?itid=lk_inline_manual_4>, deprived of his social media megaphones but still exerting a powerful influence over his followers who take his baseless claims of election fraud as an article of faith.

“It has begun to shift from ‘We are going to win this’ to ‘This fight is going to be a long one,’ ” said Rita Katz, executive director of SITE Intelligence Group, which monitors extremist groups and their use of social media to inspire and organize adherents. “The prevalent consensus across the movements involved in or supporting the Capitol siege is that they will keep pushing forward.”
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120472&title=%E2%80%9CFar-right%20groups%20make%20plans%20for%20protests%20and%20assaults%20before%20and%20after%20Inauguration%20Day%E2%80%9D>
Posted in chicanery<https://electionlawblog.org/?cat=12>


Archived Video: “Evaluating the 2020 Election: What’s Next for American Democracy?”<https://electionlawblog.org/?p=120470>
Posted on January 14, 2021 12:32 pm<https://electionlawblog.org/?p=120470> by Rick Hasen<https://electionlawblog.org/?author=3>

You can watch my conversation from yesterday with my UCI Law colleague Henry Weinstein at this link.<https://www.law.uci.edu/news/videos/evaluating-2020-election.html>
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120470&title=Archived%20Video%3A%20%E2%80%9CEvaluating%20the%202020%20Election%3A%20What%E2%80%99s%20Next%20for%20American%20Democracy%3F%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Exclusive: Large bitcoin payments to right-wing activists a month before Capitol riot linked to foreign account”<https://electionlawblog.org/?p=120468>
Posted on January 14, 2021 10:34 am<https://electionlawblog.org/?p=120468> by Rick Hasen<https://electionlawblog.org/?author=3>

This is a Wow story<https://news.yahoo.com/exclusive-large-bitcoin-payments-to-rightwing-activists-a-month-before-capitol-riot-linked-to-foreign-account-181954668.html> from Yahoo News if confirmed.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120468&title=%E2%80%9CExclusive%3A%20Large%20bitcoin%20payments%20to%20right-wing%20activists%20a%20month%20before%20Capitol%20riot%20linked%20to%20foreign%20account%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Wisconsin justices skeptical of GOP redistricting proposal”<https://electionlawblog.org/?p=120466>
Posted on January 14, 2021 10:26 am<https://electionlawblog.org/?p=120466> by Rick Hasen<https://electionlawblog.org/?author=3>

AP<https://apnews.com/article/legislature-lawsuits-wisconsin-redistricting-courts-2ce3694bf202ccb5662b7e6acecda59e>:

A Republican-backed push to fast-track redistricting lawsuits in the Wisconsin Supreme Court met with skepticism during a Thursday hearing, with the court’s conservative chief justice questioning why the proposal was necessary and how the thinly staffed court could be expected to draw maps.

The state’s highest court is deciding whether to adopt a rule that would require any state lawsuits filed over the maps to start in the Wisconsin Supreme Court, rather than lower courts. The hearing is one of the earliest legal salvos<https://apnews.com/article/legislature-redistricting-wisconsin-courts-state-legislature-524e274c2573d062658592d00eb5398d> in what could be a long fight over which maps finally get enacted.
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120466&title=%E2%80%9CWisconsin%20justices%20skeptical%20of%20GOP%20redistricting%20proposal%E2%80%9D>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Must-Watch Video Compilation of Calls for Insurrection (Put Together by the Daily Show, But So Damning)<https://electionlawblog.org/?p=120464>
Posted on January 14, 2021 7:37 am<https://electionlawblog.org/?p=120464> by Rick Hasen<https://electionlawblog.org/?author=3>

Just watch this<https://twitter.com/jiveDurkey/status/1349732479440048135>:
[Share]<https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D120464&title=Must-Watch%20Video%20Compilation%20of%20Calls%20for%20Insurrection%20(Put%20Together%20by%20the%20Daily%20Show%2C%20But%20So%20Damning)>
Posted in Uncategorized<https://electionlawblog.org/?cat=1>


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/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20210115/aeab59a1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 2021 bytes
Desc: image001.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20210115/aeab59a1/attachment.png>