[EL] ELB News and Commentary 1/18/21

[Rick Hasen]

“FBI screens U.S. troops for possible insider threats ahead of inauguration”<https://electionlawblog.org/?p=120534>
Posted on January 18, 2021 10:06 am<https://electionlawblog.org/?p=120534> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/national-security/military-inauguration-extremist-threat/2021/01/17/ed8885ba-593a-11eb-aaad-93988621dd28_story.html>

U.S. defense officials say the federal government is conducting insider-threat screening on the 25,000 National Guard troops who have begun flowing into the nation’s capital to secure the inauguration, as concerns intensify about extremism in the ranks.

The extra precaution comes after a number of pro-Trump rioters involved in storming the U.S. Capitol on Jan. 6 turned out to have military ties<https://www.washingtonpost.com/national-security/military-veterans-capitol-riots-protests/2021/01/15/7774da50-5763-11eb-a817-e5e7f8a406d6_story.html?itid=lk_inline_manual_3>, raising questions about extremist sentiment within the armed forces. Dozens of people<https://www.washingtonpost.com/national-security/terror-watchlist-capitol-riot-fbi/2021/01/14/07412814-55f7-11eb-a931-5b162d0d033d_story.html?itid=lk_inline_manual_3> on a terrorist watch list were in Washington as the deadly riot unfolded.

A U.S. defense official, speaking on the condition of anonymity to discuss the sensitive preparations, said the Army is working with the FBI to vet all service members supporting the inauguration. The Army maintains awareness of threats but does not collect domestic intelligence itself, the official said. It was not immediately clear how extensive the FBI vetting of the military personnel would be.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“‘A place to fund hope’: How Proud Boys and other fringe groups found refuge on a Christian fundraising website”<https://electionlawblog.org/?p=120532>
Posted on January 18, 2021 10:04 am<https://electionlawblog.org/?p=120532> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/investigations/a-place-to-fund-hope-how-proud-boys-and-other-fringe-groups-found-refuge-on-a-christian-fundraising-website/2021/01/18/14a536ee-574b-11eb-a08b-f1381ef3d207_story.html>

Henry “Enrique” Tarrio had already publicized his plans to participate in the Jan. 6 “Stop the Steal” rally. The 36-year-old Miami resident and national chairman of the Proud Boys posted on social media that he would direct small teams of his far-right group with a history of violence to wear black and fan out across Washington.

But when he arrived in D.C. on Jan. 4 ahead of the scheduled demonstrations, he said, “15 cop cars” swarmed his Honda Crosstour soon after he passed through the Third Street Tunnel. Tarrio was wanted on a misdemeanor charge from December accusing him of setting fire to a historic Black church’s Black Lives Matter banner.

During the traffic stop, authorities found high-capacity firearm magazines in his backpack, resulting in felony weapons charges, according to court records. And as he sat in a jail cell for 24 hours, Tarrio said, he thought about how he would need a lot of money to get out of this mess. Good lawyers, he said, don’t come cheap.

He said family members had the idea to monetize the support of his online followers through GiveSendGo.com, a niche Christian fundraising website that bills itself as “a place to fund hope.” Within a week, the “Enrique Tarrio Defense Fund” had amassed<https://www.forbes.com/sites/jemimamcevoy/2021/01/05/proud-boys-leader-raises-over-80000-for-legal-defense-in-24-hours-after-arrest/?sh=2660fb436841> more than $113,000 from 2,359 donors, according to the site. Tarrio has pleaded not guilty.

“It’s not just Proud Boys that are raising money there,” Tarrio said in an interview Thursday, noting that his group’s chapters nationwide have used the site to fund their cause. “There’s just so many people that are raising money there.”

A review by The Washington Post shows that the self-described Christian website has become a refuge of sorts for outcasts and extremists, including fringe groups such as the Proud Boys as well as conspiracy theorists who seek to undercut the results of the presidential election by promoting debunked claims of fraud. Some of the users claim to have been booted from other crowdfunding websites for violating terms-of-service agreements.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Trump presidency was marked by battles over truth itself. Those aren’t over.”<https://electionlawblog.org/?p=120530>
Posted on January 18, 2021 9:57 am<https://electionlawblog.org/?p=120530> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/the-trump-presidency-was-marked-by-battles-over-truth-itself-those-arent-over/2021/01/18/3bee0050-5750-11eb-a931-5b162d0d033d_story.html>

President Trump stands as a singular figure in American history for his willingness to entertain conspiracy theories from the Oval Office, and none has been more damaging or far reaching than his unsubstantiated claim that the 2020 election was rigged against him. One out of every three Americans believes that there was widespread fraud in the last presidential election, according to a recent Washington Post-ABC News poll<https://www.washingtonpost.com/context/jan-10-13-2021-washington-post-abc-news-poll/ab470cba-8e05-4692-af78-4949613740cc/?itid=lk_inline_manual_2>, despite no evidence to support that view. Two in three Republicans believe so.

The social conditions that brought so many people to believe the falsehoods Trump has told about the election and a litany of other issues took root decades before he became a political figure and will extend far beyond the four years of his administration, according to scholars of disinformation and conspiratorial thinking.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Why Rage Over the 2020 Election Could Last Well Past Trump: The vast majority of Americans do not approve of the riot at the Capitol; But experts warn that the widespread belief there was election fraud, while false, could have dangerous, lasting effects.”<https://electionlawblog.org/?p=120528>
Posted on January 18, 2021 9:54 am<https://electionlawblog.org/?p=120528> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT reports<https://www.nytimes.com/2021/01/18/us/supporters-of-donald-trump.html>.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Region’s GOP elected officials persist in questioning legitimacy of Biden’s win”<https://electionlawblog.org/?p=120526>
Posted on January 18, 2021 9:49 am<https://electionlawblog.org/?p=120526> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<wapo:>

Despite those second thoughts, LaRock remains firmly defiant about the election and its aftermath. He refuses to accept that President-elect Joe Biden’s win was legitimate, even though Trump’s claims of massive fraud lack evidence and have been rejected by courts and then-Attorney General William P. Barr.

LaRock joined others in writing to Vice President Pence, asking him to reject Virginia’s electoral votes, after the state went for Biden over Trump by 54 percent to 44 percent. He believes antifa followers were “very possibly” among the leaders of those who assaulted the Capitol, claims also made by other Republicans without evidence and dismissed by the FBI.<https://www.washingtonpost.com/politics/records-show-fervent-trump-fans-fueled-us-capitol-takeover/2021/01/10/8c59fad0-53a9-11eb-acc5-92d2819a1ccb_story.html?itid=lk_inline_manual_11>

LaRock’s stance is typical of most Republican elected officials in Virginia and Maryland. The perseverance of GOP politicians in questioning the election results threatens the core democratic principle that the people choose our leaders in a peaceful process, and the losers agree to try again next time.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Jonathan Swan’s “Off the Rails” Series Describes How Dangerous and Bonkers Election Fraud Theories Swirled Around the President<https://electionlawblog.org/?p=120524>
Posted on January 18, 2021 9:37 am<https://electionlawblog.org/?p=120524> by Rick Hasen<https://electionlawblog.org/?author=3>

From Episode 3 <https://www.axios.com/trump-off-the-rails-descent-into-madness-fd169833-9052-473d-87f5-7a1a4ffffb8f.html> of Axios’s must-read “Off the Rails” series:<https://www.axios.com/off-the-rails-episodes-cf6da824-83ac-45a6-a33c-ed8b00094e39.html>

President Trump was sitting in the Oval Office one day in late November when a call came in from lawyer Sidney Powell. “Ugh, Sidney,” he told the staff in the room before he picked up. “She’s getting a little crazy, isn’t she? She’s really gotta tone it down. No one believes this stuff. It’s just too much.”

He put the call on speakerphone for the benefit of his audience. Powell was raving about a national security crisis involving the Iranians flipping votes in battleground states. Trump pressed mute and laughed mockingly.

“So what are we gonna do about it, Sidney?” Trump would say every few seconds, whipping Powell more and more into a frenzy. He was having fun with it. “She really is crazy, huh?” he said, again with his finger on the mute button.

It was clear that Trump recognized how unhinged his outside legal advisers were. But he was becoming increasingly desperate about losing to Joe Biden, and Powell and her crew were willing to keep feeding the grand lie that the election could be overturned.

They were selling Trump a seductive but delusional vision: a clear and achievable path to victory. The only catch: He’d have to stop listening to his government and campaign staffs, to cross the Rubicon and view them as liars, quitters and traitors.

Trump’s new gang of advisers shared some common traits. They were sycophants who craved an audience with the president. They were hardcore conspiracy theorists. The other striking commonality within this crew was that all of them had, at one point in their lives, done impressive, professional, mainstream work….

According to documents obtained by Axios, Powell and her crew advised Trump that a foreign conspiracy to steal the election involved a coordinated cyberwarfare attack from China, Russia, Iran, Iraq and North Korea.

In arguments in front of Trump in the Oval Office, White House officials pushed back aggressively.

What Powell was claiming to have uncovered would have been the greatest foreign attack in American history. Yet the U.S. intelligence community had seen no evidence of it.

But Powell had an answer for that too: The reason Trump hadn’t heard about this from his intelligence officials was because they were actively subverting him and hiding crucial information from him.

From Episode 4:<https://www.axios.com/trump-barr-relationship-off-the-rails-b33b3788-e7e9-47fa-84c5-3a0016559eb5.html>

Attorney General Bill Barr stood behind a chair in the private dining room next to the Oval Office, looming over Donald Trump. The president sat at the head of the table. It was Dec. 1, nearly a month after the election, and Barr had some sharp advice to get off his chest. The president’s theories about a stolen election, Barr told Trump, were “bullshit.”

White House counsel Pat Cipollone and a few other aides in the room were shocked Barr had come out and said it — although they knew it was true. For good measure, the attorney general threw in a warning that the new legal team Trump was betting his future on was “clownish.”

Trump had angrily dragged Barr in to explain himself after seeing a breaking AP story all over Twitter, with the headline: “Disputing Trump, Barr says no widespread election fraud.” But Barr was not backing down. Three weeks later, he would be gone.

The relationship between the president and his attorney general was arguably the most consequential in Trump’s Cabinet. And in the six months leading up to this meeting, the relationship between the two men had quietly disintegrated. Nobody was more loyal than Bill Barr. But for Trump, it was never enough.

The president had become too manic for even his most loyal allies, listening increasingly to the conspiracy theorists who echoed his own views and offered an illusion, an alternate reality.

By the late summer of 2020, Trump and Barr were regularly skirmishing over how to handle the rising Black Lives Matter protests sparked by the death of George Floyd while in police custody. As the national movement unfurled, some protests had given way to violence and looting. Trump wanted the U.S. government to crack down hard on the unrest.

The president wanted to invoke the Insurrection Act and send the military into U.S. cities. He wanted troops in the street. Some hardcore outside allies, including Judicial Watch president Tom Fitton, were egging him on. The thankless job of pushing back fell to Barr.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


$40 Million Effort from LDF for Next Generation of Civil Rights Attorneys in the South<https://electionlawblog.org/?p=120522>
Posted on January 18, 2021 9:29 am<https://electionlawblog.org/?p=120522> by Rick Hasen<https://electionlawblog.org/?author=3>

Wow announcement via email:

Today, the NAACP Legal Defense and Educational Fund, Inc.<https://u7061146.ct.sendgrid.net/ls/click?upn=TeZUXWpUv-2B6TCY38pVLo9rX-2F2DF-2BS0M10bn1-2BbazTX0-3Dhw8c_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9UYXabUcd4oldhSUdFpm0p2e2kJVuWHksxtpH3OhCAvCTfepTT5CJXvSyGS-2BEdECEDAlfU-2B5oTVsc-2Bv5nEfkswGkRrGgVSGv3RXKvZA4zrlt54Heabqmn5KFURToFWhEODB3I1WNr2P8vLWcQ-2BD7VviKD7nP8T5w5YibdFBDH84lAaroUCzVB-2B30jgzU9UbxLoVzpcRJWZRv9cesMM-2Bh2AhuqP9D4heJMoJ0QTUlIQytLxrUAkRc7l5R9N02yZTTxw-3D> (LDF) launched the groundbreaking Marshall-Motley Scholars Program<https://u7061146.ct.sendgrid.net/ls/click?upn=TeZUXWpUv-2B6TCY38pVLo9nqb-2FOdDnFGXlT387ye2-2FEoxYXL63BfMtZXCuuhT8sa6d-ag_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9UYXabUcd4oldhSUdFpm0p2e2kJVuWHksxtpH3OhCAvCTfepTT5CJXvSyGS-2BEdECEDAlfU-2B5oTVsc-2Bv5nEfkswGIP9niD3XxF3vcsRbpS38xnaKLPrN4cRJBgslLLeE98egv0Ft5IDVgqDfoN8OXG1CoTzApNqPgI5lj5dUSKjNXqQ-2BwjFI6qfuLT0Oodq10F3pdiq7pxh5qCAO7QXhJ-2BUVhwev8llssObs-2Fffm0zasGTDabcBD80GmL1zS68n1zAw-3D> (MMSP), an innovative educational and training opportunity that will produce the next generation of civil rights attorneys to serve Black communities in the South. As LDF celebrates its 80th anniversary year, the new scholarship and pipeline program builds upon its legacy of fighting for racial justice in America and producing leading advocates against racial injustice. The MMSP demonstrates LDF’s ongoing commitment to the South, where the majority of its clients reside, and launches as LDF prepares to open its southern regional office in Atlanta this year.

The MMSP is made possible by a generous anonymous donor who has committed to funding a program of 50 participants, which amounts to a $40 million investment in developing a new generation of civil rights lawyers in the South.

“For 80 years, LDF has been at the forefront of developing and supporting many of our nation’s legendary civil rights lawyers and leaders. The Marshall-Motley Scholars Program is the next phase of our commitment to identify and invest in a new generation of brilliant minds who have a deep personal desire to bring about racial justice in the South,” said Sherrilyn Ifill<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUR-2B7SayWy6XrPXypywjEFVKzSb6IDa4jZzyKQn04YJ2FaBhxcOies3OSn1u72BWgng-3D-3DKv5G_LYw3uDP5U2cmeBBe07KqI8AzZYA0AXw8fCnkHEVTP6CkfRLHjg1cuOsDjSq4rOK2frZFOU9MKjFaw4dPHVdUzeE1pYlmhF6fDBaKBZuSK9UYXabUcd4oldhSUdFpm0p2e2kJVuWHksxtpH3OhCAvCTfepTT5CJXvSyGS-2BEdECEDAlfU-2B5oTVsc-2Bv5nEfkswG8LucNb5v7MrNnFzUAg2QfGUDUyRpy5PlLgm6swqlkj5ftpWrMErCmBBJk4KZqRSzJSdf2PNwAlQGlnlINFskpqhXtZIz70kW4h9ZR-2BVAt8gTEiS8y1Qb6YWmWMY-2FP2H-2FxiJ1CJMFRjZH6L4fAAZj2-2FbK1gheR6vuOgz-2BBmjl6t8-3D>, LDF’s President and Director-Counsel.

“The majority of Black people in this country still live in the South and continuously face impediments to voting, education equity, and racial and economic justice. For this reason, LDF’s docket and litigation practice has always been rooted principally in the South. During the 1960s, and early ‘70s, LDF invested in the creation of Black law firms in the South, providing fellowships and start-up costs for the law practices of some of the most celebrated civil rights lawyers in the region, including former LDF President and Director-Counsel Julius Chambers, a legend among civil rights lawyers in North Carolina. The time is ripe once again, for LDF to invest in the growth and development of civil rights lawyers in the South. With the MMSP, and the opening of our new regional office in Atlanta, LDF is deepening its longstanding presence in the South to help leverage the talent, passion, and commitment of a new cohort of civil rights attorneys dedicated to serving the majority of Black people in the country.”

Over the next two decades, the MMSP aims to support the education and training of 50 aspiring civil rights lawyers. The program will afford participants:
·         a full law school scholarship for tuition, room, board, and incidentals — to ease the debt burden that can prevent future lawyers from pursuing a career in racial justice;
·         summer internships to begin their training as civil rights lawyers early in their law school careers;
·         a two-year postgraduate fellowship at a national or regional civil rights organization with a racial justice law practice in the South — to provide unprecedented access to professional development and skills-building, training and preparation; and
·         access to special trainings sponsored by LDF and the National Academy of Sciences.

In return, Scholars commit to practicing civil rights law in pursuit of racial justice in the South for at least eight years following the conclusion of their fellowship. Students beginning law school in the 2021 academic year are eligible to apply.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“NY-22 may come down to DMV voter registrations”<https://electionlawblog.org/?p=120520>
Posted on January 18, 2021 9:25 am<https://electionlawblog.org/?p=120520> by Rick Hasen<https://electionlawblog.org/?author=3>

Rome Sentinel:<https://romesentinel.com/stories/ny-22-may-come-down-to-dmv-voter-registrations,109187>

Who will represent the 22nd Congressional District in Washington may come down to whether nearly 70 people who filled out a voter registration form through the Department of Motor Vehicles were really registered to vote.

The legal teams representing Republican Claudia Tenney and Democrat Anthony Brindisi have filed briefs with state Supreme Court Justice Scott DelConte outlining how they believe he should rule on the paper ballots filled out by more than 60 voters. Brindisi’s filings mention 69 such voters and Tenney’s 64.

It emerged during previous hearings in the court review of the ballot counting that Oneida County election commissioners did not include those ballots because they considered the voters not registered on time.

Commissioners and their deputies said they received registration applications but did not process them as they were overwhelmed with a flood of absentee ballot requests during the COVID-19 pandemic, carrying out recent changes in the law regarding registration, and preparing for the first major general election with 10 days of early voting at multiple polling sites, as well as preparing for Election Day.

Whether they should have may decide whether Tenney’s lead of 29 votes in unofficial tallies holds up.
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Posted in recounts<https://electionlawblog.org/?cat=50>


“Michigan Republicans seek to replace GOP canvasser who certified election”<https://electionlawblog.org/?p=120518>
Posted on January 18, 2021 9:21 am<https://electionlawblog.org/?p=120518> by Rick Hasen<https://electionlawblog.org/?author=3>

Detroit News:<https://www.detroitnews.com/story/news/politics/2021/01/18/michigan-republicans-seek-replace-canvasser-who-certified-election/4202195001/>

The Michigan Republican Party wants to replace the GOP member of the Board of State Canvassers who cast the pivotal vote to certify election results in favor of Democratic President-elect Joe Biden.

With party activists calling for certification to be blocked on Nov. 23, Aaron Van Langevelde, a policy adviser and deputy legal counsel for state House Republicans, joined the two Democrats on the four-member board <https://www.detroitnews.com/story/news/politics/2020/11/23/michigan-election-state-canvassers-certification/6390475002/> to sign offon the results.

His term ends on Jan. 31. Instead of renominating him for a four-year term, the Michigan Republican Party has proposed three well-known activists to take his spot, according to a letter obtained by The Detroit News. Among them is Linda Lee Tarver, who was involved in a lawsuit that sought to have the GOP-controlled Legislature intervene in the results showing Democratic President-elect Joe Biden won.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Records: Trump allies behind rally that ignited Capitol riot”<https://electionlawblog.org/?p=120515>
Posted on January 17, 2021 3:15 pm<https://electionlawblog.org/?p=120515> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://apnews.com/article/election-2020-donald-trump-capitol-siege-campaigns-elections-d14c78d53b3a212658223252fec87e99>

Members of President Donald Trump’s failed presidential campaign played key roles in orchestrating the Washington rally that spawned a deadly assault<https://apnews.com/hub/capitol-siege> on the U.S. Capitol, according to an Associated Press review of records, undercutting claims the event was the brainchild of the president’s grassroots supporters.

A pro-Trump nonprofit group called Women for America First hosted the “Save America Rally” on Jan. 6 at the Ellipse, an oval-shaped, federally owned patch of land near the White House. But an attachment to the National Park Service public gathering permit granted to the group lists more than half a dozen people in staff positions for the event who just weeks earlier had been paid thousands of dollars by Trump’s 2020 reelection campaign. Other staff scheduled to be “on site” during the demonstration have close ties to the White House.

Since the siege, several of them have scrambled to distance themselves from the rally.

The riot at the Capitol, incited by Trump’s comments before and during his speech at the Ellipse, has led to a reckoning unprecedented in American history. The president told the crowd to march to the Capitol and that “you’ll never take back our country with weakness. You have to show strength, and you have to be strong.”…

Women for America First, which applied for and received the Park Service permit, did not respond to messages seeking comment about how the event was financed and about the Trump campaign’s involvement. The rally drew tens of thousands of people.

In a statement, the president’s reelection campaign said it “did not organize, operate or finance the event.” No campaign staff members were involved in the organization or operation of the rally, according to the statement. It said that if any former employees or independent contractors for the campaign took part, “they did not do so at the direction of the Trump campaign.”

At least one was working for the Trump campaign this month. Megan Powers was listed as one of two operations managers for the Jan. 6 event, and her LinkedIn profile says she was the Trump campaign’s director of operations into January 2021. She did not respond to a message seeking comment.

The AP’s review found at least three of the Trump campaign aides named on the permit rushed to obscure their connections to the demonstration. They deactivated or locked down their social media profiles and removed tweets that referenced the rally. Two blocked a reporter who asked questions.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“How Republicans Are Warping Reality Around the Capitol Attack”<https://electionlawblog.org/?p=120513>
Posted on January 17, 2021 3:08 pm<https://electionlawblog.org/?p=120513> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT:<https://www.nytimes.com/2021/01/17/us/politics/Capitol-conspiracy-theories-blm-antifa.html>

Immediately after the attack on the U.S. Capitol, all corners of the political spectrum repudiated the mob of President Trump’s supporters. Yet within days, prominent Republicans, party officials, conservative media voices and rank-and-file voters began making a rhetorical shift to try to downplay the group’s violent actions.

In one of the ultimate don’t-believe-your-eyes moments of the Trump era, these Republicans have retreated to the ranks of misinformation, claiming it was Black Lives Matter protesters and far-left groups like antifa who stormed the Capitol — in spite of the pro-Trump flags and QAnon symbology in the crowd. Others have argued that the attack was no worse than the rioting and looting in cities during the Black Lives Matter movement, often exaggerating the unrest last summer while minimizing a mob’s attempt to overturn an election.

The shift is revealing about how conspiracy theories, deflection and political incentives play off one another in Mr. Trump’s G.O.P. For a brief time, Republican officials seemed perhaps open to grappling with what their party’s leader had wrought — violence in the name of their Electoral College fight. But any window of reflection now seems to be closing as Republicans try to pass blame and to compare last summer’s lawlessness, which was condemned by Democrats, to an attack on Congress, which was inspired by Mr. Trump.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“Republicans call for unity but won’t acknowledge Biden won fairly”<https://electionlawblog.org/?p=120511>
Posted on January 17, 2021 3:04 pm<https://electionlawblog.org/?p=120511> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo:<https://www.washingtonpost.com/politics/2021/01/17/republicans-call-unity-wont-acknowledge-biden-won-fairly/>

As Biden prepares to be sworn into office surrounded by more than 20,000 National Guard troops<https://www.washingtonpost.com/national-security/2021/01/13/national-guard-inauguration-security/?itid=lk_inline_manual_11> protecting the inauguration from one of the gravest domestic terrorism threats<https://www.washingtonpost.com/graphics/2021/national/national-security/capitol-response-timeline/?itid=hp-top-table-main-0106&itid=lk_inline_manual_11> in U.S. history, Democrats and other Trump critics are pushing Republicans to renounce the party’s embrace of the falsehood that inspired the Capitol attack and is motivating many of the Trump supporters<https://www.washingtonpost.com/politics/trump-rioters-testimony/2021/01/16/01b3d5c6-575b-11eb-a931-5b162d0d033d_story.html?itid=lk_inline_manual_11> vowing to take up arms again.

So far, the efforts have been largely fruitless. Even as much of corporate America threatens to withhold donations from lawmakers who objected to the election results, and social media companies cancel accounts — including Trump’s — spreading the false conspiracy theories, the bulk of elected Republicans continue to follow Trump’s lead in refusing to acknowledge that Biden’s win was legitimate and fair.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


Thanks to Trump’s Lies, 7 in 10 Republicans Believe Biden Was Not Legitimately Elected<https://electionlawblog.org/?p=120509>
Posted on January 17, 2021 3:01 pm<https://electionlawblog.org/?p=120509> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo-ABC Poll:<https://www.washingtonpost.com/politics/poll-biden-trump-republicans/2021/01/16/5e41c9ba-575b-11eb-a08b-f1381ef3d207_story.html>

Overall, more than 6 in 10 Americans say Biden was legitimately elected as the 46th president, including more than 9 in 10 Democrats and more than 6 in 10 independents. But 7 in 10 Republicans say he was not legitimately elected. That suggests that Trump’s claims of widespread voter fraud, propagated by many other Republicans, have taken root within the party despite the absence of credible evidence, dozens of failed legal challenges and multiple recounts affirming Biden’s victories in Georgia and Wisconsin.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“The Protection of the 2020 Election: The View from the Biden-Harris Campaign”<https://electionlawblog.org/?p=120507>
Posted on January 17, 2021 2:55 pm<https://electionlawblog.org/?p=120507> by Rick Hasen<https://electionlawblog.org/?author=3>

Bob Bauer and Dana Remus on lessons learne<https://joebiden.com/the-protection-of-the-2020-election/>d:

With the inauguration of President-Elect Joe Biden and Vice President-Elect Kamala Harris only days away, there is value in reflecting once again on the extraordinary strength and resilience of American democracy. The shocking events of January 6, 2021 have prompted a stalwart defense of our  electoral process throughout government and the leadership of  business, religious and other communities. It has focused attention, as it should, on how we should see the 2020 elections—as an extraordinary achievement.

As familiar as they may be, , the  statistics frame the story. More than 158 million Americans voted, representing nearly two-thirds of eligible voters.  Measured as a percentage of the voting-eligible population, voter turnout reached the highest level since 1900.  This was true throughout the country.  Every single state, and 98% of the nation’s counties, saw higher turnout than in 2016.  Forty-one states had the highest turnout of any election in the past 50 years.

But the outcome could have been disastrously different. Not since the Civil War has this country’s electoral process been subject to such overwhelming and potentially crushing pressures:  a once-in-a-century public health crisis, a deluge of both domestic and foreign  disinformation, and a divisive politics reflected in legal battles over voting rights. Across the country, these upheavals put exceptional strains on voting systems that are already chronically underfunded and fragile.

In our roles leading the Biden presidential campaign legal team, we were charged with developing a voter protection program adapted to these exceptional circumstances.  In more ordinary times, voter protection programs facilitate access to the polls, monitor for and challenge unlawful or groundless burdens on voting rights, and support election officials in their hard work of preparing for and conducting the voting process.  These tasks were as important as ever this cycle, but they were far from sufficient.  We quickly recognized that the 2020 program would require vastly greater resources and different approaches than in past cycles. Campaign Manager Jen O’Malley Dillon, a veteran of the Obama-Biden presidential campaign voter protection programs, assigned the highest priority to this work.  Together, we determined the urgent priorities to be…
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Angered by Pa. Supreme Court rulings, GOP moves to exert more control over judiciary branch”<https://electionlawblog.org/?p=120505>
Posted on January 17, 2021 2:49 pm<https://electionlawblog.org/?p=120505> by Rick Hasen<https://electionlawblog.org/?author=3>

Spotlight PA:<https://www.spotlightpa.org/news/2021/01/pennsylvania-judicial-districts-supreme-court-election-2020-rulings-republican-majority/>

A state House panel narrowly advanced a measure Wednesday aimed at giving the Republican-controlled legislature the power to draw districts for electing appellate court judges in Pennsylvania, a major shift away from the current statewide contests.

The majority party has made overhauling the courts a priority after a slew of unsuccessful litigation involving the administration of the 2020 election as well as the coronavirus pandemic. But critics warn the change is an attempt to exert control over the judiciary branch.

The House Judiciary Committee voted 13-12 in favor of the proposed constitutional amendment, which would affect races for state Commonwealth, Superior, and Supreme Courts. If passed by the full House and Senate by Feb. 18, it would be before voters for the May 18 primaries.

Republicans contend electing judges by district will lead to more geographic representation. A majority of the 31 appellate judges are from either Philadelphia or Allegheny County — including four of the seven Supreme Court justices — but those areas make up less than a quarter of the state’s population….

But opponents of the amendment said it would threaten judges’ ability to render statewide decisions without influence, because they would be beholden to a regional constituency and to lawmakers who could draw them out of a district if they don’t like a judge’s ruling. Lawmakers could also gerrymander the districts to ensure the judges they want are elected.
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Posted in judicial elections<https://electionlawblog.org/?cat=19>, redistricting<https://electionlawblog.org/?cat=6>



--
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
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http://electionlawblog.org<http://electionlawblog.org/>



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