Our elections ARE at risk, if you know who gets his way

The most surprised I ever was about anything in my life was the day I watched on television as thousands of members of MAGA world rioted at the U.S. Capitol, physically assaulted the law officers on duty there and tried to illegally interfere with the peaceful transfer of presidential power, because they believed Donald Trump’s lies that the 2020 presidential election had been stolen from him.  Ultimately they only delayed the work of Congress, and the fact that the criminal convictions of more than 1200 people for their actions that day were erased by TFG’s clemency doesn’t mean it didn’t happen; it did, and we all saw it.  He hasn’t stopped lying about that ever since; he’s now laying the groundwork to easily steal the next election.

Earlier this month the president repeated a call for the Republican Party to nationalize federal elections.  Despite the Constitutional provision that elections for federal office are to be run by the states (or perhaps just ignoring the Constitutional direction, as he often does), Trump appeared on a podcast and said he “believed the federal government should ‘get involved’ in elections that are riddled with ‘corruption,’ reiterating his position that the federal government should usurp state laws by exerting control over local elections.”  You shouldn’t be surprised to learn that the places he believes to be “riddled with corruption” are places where Democrats do well.  Only  places where Democrats do well.

Mr. Trump’s comments and an intensifying Republican push in Congress to tighten voting laws — along with an F.B.I. move last week to seize ballots and other voting records from the 2020 election from an election center in Fulton County, Ga., — suggests a broader drive by the president and his allies to sow distrust of American elections ahead of midterm balloting in November.

Mr. Trump himself has repeatedly forecast in recent months that Republicans would lose midterms, after the party was rattled by losing several local races last November, and a Democrat won a special election in Texas last week in a district that Mr. Trump had won by double digits.

Voting by noncitizens happens rarely, and it is already illegal in federal elections. But Mr. Trump and many of his allies repeatedly and baselessly insisted during the 2024 election that noncitizens were flooding to the polls — a campaign of misinformation that has ramped up in recent weeks as the election nears.

The Justice Department, which has been newly politicized under Mr. Trump, is demanding that numerous states, including Minnesota, turn over their full voter rolls as the Trump administration tries to build a national voter file.

You’ve got to give the Trumpers credit for being better organized about election rigging this time around: his new director of election security and integrity, “with the power to refer criminal investigations…into things that have been thoroughly debunked,” is “Kurt Olsen, a rather prominent character in Mr. Trump’s election denialism movement. Mr. Olsen, who is a lawyer, was considered by people in the first Trump administration to be a fringe menace.”  Fox, meet henhouse.  (No, not that Fox.)

No matter how many times the results of the 2020 election have been rehashed, Mr. Trump’s fixations have not abated. Mr. Olsen’s position is proof of that.

But he is not the only one. The president has installed proponents of his fraud claims all across his administration. And increasingly, he has started to cast doubts on the coming midterm elections as Republicans face potentially big losses in November.

(snip)

“Kurt Olsen has a history of abusing his law license to spread lies about our elections,” said Christine P. Sun, a senior vice president at the States United Democracy Center, a nonprofit group that works with state officials to bolster confidence in their elections. “Now, he’s using his role in the administration and the power of the federal government to take actions fueled by those same lies. It’s part of a multipronged approach that threatens state power over our elections.”

Mr. Olsen has said he began his career in the 1990s at the large corporate Washington firm Kirkland & Ellis. He went to Christmas parties at the home of Jeffrey A. Rosen, a partner in the law firm at the time who would go on to become the acting attorney general during Mr. Trump’s first term, Mr. Olsen has said. Mr. Olsen has said that he never did any election legal work.

During the frantic weeks following the 2020 election, Mr. Trump and others immediately began claiming, without evidence, a wide variety of problems with election machines. Mr. Olsen, too, came to believe that “something was not right,” he said in a legal deposition in 2023.

(snip)

That started him on a path of taking on cases that many other Republican attorneys avoided putting their names on, including one brought before the Supreme Court in December 2020 seeking to reverse Mr. Trump’s defeat at the polls. Mr. Olsen has said that the team worked “round the clock” to put the case together.

After the Supreme Court rejected the case, Mr. Olsen said he spoke to Mr. Trump and discussed a strategy to have a similar suit brought by the Justice Department. He also pressed his old colleague Mr. Rosen to bring the case on behalf of the country.

But Mr. Rosen told Mr. Trump in an Oval Office meeting that the case would not be accepted because of a lack of standing. Mr. Trump responded that Mr. Olsen had promised it was a “slam dunk,” according to a report from the Senate Judiciary Committee.

Even after Mr. Trump left office, Mr. Olsen continued to press the false claims about election machines. He found a like-minded ally in February 2021 when, according to Mr. Olsen’s testimony, Mr. Trump introduced him to Mike Lindell, the chief executive of MyPillow, who has become best known for promoting the falsehood that voting machines are often rigged and have flipped elections.

The two worked together for years with a movement of activists and cybersecurity experts around the country to promote conspiracy theories about election machines through lawsuits, media appearances and yearly conferences.

Mr. Lindell was a public face of the movement. With less bombast, Mr. Olsen served as the lawyer for many of the cases, including an attempt to overturn the 2022 election for Arizona governor. Mr. Olsen represented Kari Lake, an election denier who ran failed campaigns for statewide office in Arizona. (She was also rewarded with a role in the new Trump administration, one that allowed her to oversee the firing of most of the journalists at Voice of America.)

Repeatedly, though, Mr. Olsen faced resounding defeats. In Arizona, he was sanctioned in federal court for making false claims. In Georgia, a legal effort on behalf of the DeKalb County Republican Party challenging the state’s use of election machines failed.

Still, the movement’s proponents have survived despite those defeats.

Heather Honey, who was a witness for the unsuccessful lawsuit that Mr. Olsen brought on behalf of Ms. Lake, was given a position in the Department of Homeland Security overseeing election integrity. Marci McCarthy, who was the chairwoman of the DeKalb County Republican Party, now oversees public affairs at the department’s Cybersecurity and Infrastructure Security Agency.

Clay Parikh, who served as an expert witness for Mr. Olsen in his cases in both Georgia and Arizona, is now a special government employee whose analysis was relied on in the F.B.I.’s Fulton County investigation, according to the affidavit.

And not least is Mr. Trump himself — the man who keeps trying to rewrite the country’s past and is now in charge of its future.

An important point to acknowledge here is that there may be  good reasons to have the federal government involved in running elections.  In a 2012 book UCLA law professor Richard Hasen argued that an independent, non-partisan body in charge of national elections “could decrease the amount of partisan fighting and litigation over election rules, increase the competence of election administration, and assure we have a system run with integrity and fair access to voting.”  But one thing has changed his mind…actually, one person:

Donald Trump has caused me to abandon this argument. As I wrote in the New York Times last summer, when the president tried to impose his authority over various aspects of American elections via an executive order: “What I had not factored into my thinking was that centralizing power over elections within the federal government could be dangerous in the hands of a president not committed to democratic principles.”  At this point, American democracy is too weak and fragile to have centralized power over elections in the hands of a federal government that could be coerced or coopted by a president hell-bent, like Trump, on election subversion. [emphasis added]  Courts have ruled that parts of Trump’s executive order are unconstitutional because the president has no role to play in the administration of elections.

Trump’s comments on nationalizing elections ironically prove the point that we should not nationalize elections. He apparently wants to target the administration at blue states, doing who-knows-what to make it harder for people to vote for Democrats. He desperately fears a Congress controlled by Democrats that could check his and his administration’s power. As he did in 2020, when he unsuccessfully attempted to overturn the results of the fair presidential election that he lost to Joe Biden, Trump hangs it all on voter fraud. His comments to [Dan] Bongino about noncitizens voting, just like his comments about mail-in balloting, show Trump as either a liar or delusional. The amount of election fraud of this type is extremely rare. We know it because states, including red ones like Georgia—where Trump’s administration recently raided election offices in a serious threat to the 2026 vote—have gone hunting for fraud and found very little.

(snip)

We should now look to states to step up the competence, integrity, and accessibility of their election systems. They serve as the front line against election subversion. Diffusion of power in the states makes it much harder for Trump to mess with the midterm elections. Whether or not the Framers intended it, our messy, decentralized, partly partisan, uneven system of administering elections turns out to be the best bulwark against would-be authoritarian presidents.

This is another example of an overworked Trump trick: telling lies to “create” a problem where none exists (massive election fraud) so he can suggest a “solution” (nationalizing elections) that would allow him to benefit…himself, in this case, to take official, legal control of elections so he can dictate the results.  If it works in the 2026 midterms – helping Republicans maintain control of the House and the Senate – what might happen in the 2028 general election?

He’s daring us to stop him.

No reservations on the crazy train

In the Unofficial Pat Ryan Register of All Things Known and Unknown, there is recent high concern that Donald Trump has dementia.  Or is just batshit crazy.  One or the other is used to explain some of demented and/or hallucinatory things he says at his rallies.  But such concerns aren’t new: in the 2016 campaign it even led to the development of an explanation of a candidate’s speech that you’d never expect to be considered positive: that one should take him seriously but not literally.

At a rally in Ohio earlierGJcwK0kaMAEBJeW this month, in a speech in which he referred to China and automaking, Trump said (amid a typical word salad) there would be a “bloodbath” if he doesn’t win this November; sounds pretty ominous, and the Biden campaign claimed he was threatening actual violence.  But maybe he meant to convey that one result of him losing would be the continuation of Biden policies that would be devastating for the American auto industry.  In February, he told the Black Conservative Federation Gala that Black Americans like him better lately due to the many criminal and civil court cases against him: “I think that’s why the Black people are so much on my side now because they see what’s happening to me happens to them. Does that make sense?”  (No, not really)

One way or another, the listener has to do a lot of work to try to figure out what the speaker really means.  It’s the speaker’s fault if he doesn’t make his message clear enough for the audience to understand it.  (I mean the audience of the general population; his MAGA followers seem to process the dog whistle messages just fine.)

Susan Glasser in The New Yorker: I Listened to Trump’s Rambling, Unhinged, Vituperative Georgia Rally—and So Should You

But there is at least one constant message in Trump speeches lately that doesn’t need much interpretation: his promise to free those convicted of crimes in the January 6 attack on the U.S. Capitol.  Jonathan Chait sets the eerie scene in a great piece in New York Magazine:

At a recent rally in Ohio, Donald Trump stood at formal attention while an announcer instructed the crowd, “Ladies and gentlemen, please rise for the horribly and unfairly treated January 6 hostages.” As Trump saluted, the speakers played a version of the national anthem sung by imprisoned insurrectionists. “They’ve been treated terribly and very unfairly, and you know that, and everybody knows that,” Trump said at the outset of his speech. “And we’re going to be working on that as soon as the first day we get into office. We’re going to save our country, and we’re going to work with the people to treat those unbelievable patriots.”

Over the last year, the insurrection has gradually assumed a more central place in Trump’s campaign. The J6 version of the national anthem has been playing at rallies since March 2023, and Trump has been referring to jailed insurrectionists as “hostages” since November. But the prospect of pardoning them, which he has floated for two years, has in recent days been made his highest priority. Trump’s promise to “save the country,” which before encompassed his array of domestic and international policies, now refers principally to vindicating the militia that tried to illegally install him in power and that more and more has come to resemble a classic paramilitary group in the Trump imaginarium, licensed to carry out extrajudicial violence on his authority alone.

Bad enough that Trump is promising he will ignore/overturn court cases that sent hundreds of domestic terrorists to jail; Chait finds a scarier reason for Trump’s using this new message, one that potentially drives away independents who might vote for him: his desire for a second term in the White House that is unrestrained by conventional politics or judgement.

But there is a perfectly cogent reason why Trump continues to press his most extreme demands, even at the cost of repulsing potential voters. He is no longer willing to accept the alliance of convenience with reluctant partners that held traditional Republicans like Mitch McConnell, Paul Ryan, and Reince Priebus by his side during his first term. Trump has long demanded fealty from his party, which has made it harder to discern the acceleration and intensification of his work in the days since he effectively clinched the Republican nomination on Super Tuesday. Trump’s primary focus is not outward but inward, tightening his control over the GOP to almost unimaginable levels of personal loyalty.

Trump’s elevation of the insurrection to a matter of holy writ within the party is a matter of both conviction and strategy, consistent with his intention to stifle even the quietest forms of dissent. This is why Trump deposed Ronna McDaniel as head of the Republican National Committee in favor of election deniers Michael Whatley and Lara Trump. McDaniel had dutifully jettisoned her maiden name (Romney). She had strongly suggested the 2020 election was stolen, saying the vote tabulations had “problems” that were “concerning” and not “fair,” without quite stating as fact that Trump absolutely won. All her genuflections were not enough.

This is also why Trump is reportedly bringing back Paul Manafort, who served a prison sentence for bank and tax fraud, and witness tampering and obstruction of justice, and whose business partner, Konstantin Kilimnik, was assessed by the FBI to have ties to Russian intelligence. Manafort’s skills are hardly irreplaceable. The point of bringing him back, other than the familiar mob logic of rewarding an underling who took his pinch like a man and refused to rat out the boss, is to signal that loyalty to Trump matters more than any other possible consideration. Normal politicians would distance themselves from staffers who committed crimes, especially crimes on their behalf. Trump regards this as the highest qualification.

(snip)

While Trump touts his first term as a historic success, he and his closest allies view it as largely a failure. Trump, in this view, was manipulated by staffers loyal to the traditional party into letting figures like Robert Mueller and Anthony Fauci undermine him. Mike Pence’s refusal to cooperate in Trump’s plot to steal the election was the ultimate betrayal. Trump’s project is to ensure that a second term faces no sabotage.

An effective Trumpist government has difficulty functioning under the rule of law. If Trump’s staffers and allies believe that carrying out his orders, some of them plainly illegal, will lead to prison or other punishment, they will again hesitate to follow them. That belief is one he has to stamp out, especially as he faces multiple criminal charges for his attempts to steal the election in 2020.

Chait’s conclusion is that Trump’s new focus is meant to shed his movement of all but the true believers; he doesn’t want to build a coalition of various interests and beliefs, he wants only those loyal to the boss, who will support and assist any grift the boss wants.

Among the true-believing Trumpists, there’s no confusion about what Trump’s relentless demands of cultlike submission are trying to accomplish. “The Judas Iscariots of the American Right need to understand that their betrayal comes at a cost,” rails a recent column in American Greatness, one of the new pseudointellectual organs that have sprung up in the Trump era to meet conservative audience demand for sycophantic content. “Excommunication is not enough. Their treachery deserves relentless psychic pain.” It adds that Mike Pence, the New York Times columnist David French, and others “should never be allowed back into respectable conservative company under any circumstances.”

Measured in traditional political terms, January 6 martyrdom may be a disadvantageous message for Trump. The stolen-election lie polls terribly with persuadable voters, and his fixation with it is one reason why Biden’s catastrophic approval ratings have resulted in only a small Trump lead. But by Trumpian logic, it is the perfect campaign theme. It forces his internal critics to swallow their last objection against him. It sends a message to his allies that they can act with impunity. By November, the J6 national anthem will be burned into our brains as deeply as any campaign jingle.

It doesn’t require high-levelGJiBgcnXcAAa-K4 interpretive skills to see the threat posed by a future President Trump in an administration without the likes of John Kelly or Mark Esper around.  They are among 40 of Trump’s 44 one-time Cabinet members who do not support him.  Think about that: of all the people Trump put in positions to lead the government – “the best people” – 10 out of every 11 of them now say no way do they want him in power again.  They haven’t all told us exactly what they saw on the inside of the Trump White House, but it’s enough for them to warn us not to repeat the mistake that was made in 2016.

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We all saw it; we know what happened

“[Today marks] three years since thousands of Americans, lied to by the president of the United States and their elected representatives, perpetrated an assault on the building that has come to symbolize democracy across the globe, and the men and women who work on its grounds.  That’s not an opinion. It’s not an interpretation. It’s not one side of a debate. It is an unequivocal, demonstrable fact.”

Phil Mattingly of CNN stated it plainly, not to be misconstrued.  We all saw it for ourselves, plain as day on our TV screens: there was no doubt that armed protesters were attacking the Capitol.  That’s even what we heard from many members of Congress who were in the building at the time and experienced it first hand.

https://twitter.com/CNNThisMorning/status/1743274757796040901

I’m old enough to remember when it would have been stunning – unthinkable – to see some of those who lived through the attack on the Capitol from the inside completely change their story, now unashamedly insisting that we are being fooled by the evidence provided by our own eyes and ears.  Today, it’s another sad shoulder shrug as we witness a continuing assault on truth.  The Washington Post lays out the numbers from a recent national poll in which “a majority of Americans believe the events of Jan. 6 were an attack on democracy and should never be forgotten,” and yet…

…on the third anniversary of the nation’s first interruption to the peaceful transfer of power since the Civil War era, Republicans’ attitudes about Jan. 6 are increasingly unmoored from other Americans, and Trump holds a commanding lead in the race for the party’s 2024 presidential nomination.

The share of Republicans who said the Jan. 6 protesters who entered the Capitol were “mostly violent” dipped to 18 percent from 26 percent in December 2021, according to a Washington Post-University of Maryland poll. More than half of independents and about three-quarters of Democrats, on the other hand, believe the protesters were “mostly violent,” numbers that have remained largely unchanged over time, the poll found.

That’s good, but even that means almost half of people who consider themselves independents and about one-quarter of self-identified Democrats do not believe the protesters were “mostly violent.”  Why not?  Have they never watched the video?!?  OK, here’s some for you:

I call your attention in particular to the 11:48 mark where we hear the president’s voice describing what he had been watching on television for more than three hours without ever sending help for law enforcement; he says “They were peaceful people, these were great people.  The crowd was unbelievable.  And I mentioned the word ‘love.’  The love, the love in the air, I’ve never seen anything like it.”  There is no better example to prove that just because the president says something doesn’t make it true, and in the case of this president the fact that he said it makes it far more likely that it is not true.

I guess…I guess that the people who can watch that video and not see an assault on the American government are some of the same kinds of people who could have been persuaded that it was their “patriotic duty” to participate in that attack in the first place.  For the rest of us, this fight isn’t over yet.

Editorial: Three years later, beware dangerous revisionism of Jan. 6

Florida man referred for criminal prosecution

The House January 6 committee’s investigation has produced all the evidence that should be needed to send a former president to jail.  (Who would have believed we’d ever come to that point in this country?)  Testimony from Republicans – from people who willingly and eagerly worked for the former guy, yet also valued their own good names and reputations and the importance of truthfulness under oath – makes it unavoidably plain, to any clear-eyed person able to honestly evaluate the evidence, what happened.

Before the election was even held and before anyone had been able to count any votes, Donald Trump laid the groundwork for his con by asserting that any election he might lose would of necessity be fraudulent, and his hangers-on assembled baseless “legal” theories to advance the story that Trump was a victim…that all Americans and patriots were victims of Democrats and progressives and America-haters, that the people whom they had let themselves believe were pedophiles and socialists and opponents of fascism and Trump-haters had stolen their country.

As the votes were being counted the Trumpers pursued dozens of cases in court – in many cases, shopping for Trump-appointed judges they expected would be willing to do anything to please “Mr. Trump” – and they lost, over and over and over again, the judges all finding that there was no basis for the complaints and no evidence to prove them.  There was not, and still is not, evidence to prove that there was fraud committed in the 2020 general election for president that was significant enough to change the outcome.  Hence, no reason to rise up in rebellion.  Still, the crybaby con man refused to accede to reality, despite the efforts from family and friends and staff and lawyers and insightful bloggers that he man up and do the right thing: peacefully stand aside for his lawfully-elected successor as president, as American law and tradition have held for more than 225 years.

Trump encouraged supporters to organize a rally in Washington on the day Congress was to certify his defeat, where they could stage a demonstration that appealed to his overweening sense of himself, his unshakeable narcissistic belief in the grandeur of him!  After all, who else but Trump could engender such devotion from the suckers and losers he so detested, that these proud Americans would stage an armed assault on the seat of their own government on his behalf?

Again today there was an air of disbelief from committee members who told the part of the story about how Trump never made any effort to stop this attack on America – never called on any law enforcement assets or federal agencies to defend the Capitol, never issued a call to his supporters to straighten up and go home.  Are we surprised at that, really?  I’ve got a clear picture in mind of him glued to TV and patting himself on the back in the realization that this plan that was so crazy it just might work…was working!  Until it wasn’t, I guess…until enough supporters on the outside looking in, and enough members of Congress on the inside looking out and pleading for help, gained the critical mass to convince even the Great and Powerful Trump that the jig was up.  Even then he couldn’t make himself admit to being in error: he professed his love for these “special” Americans who were at that moment still committing treason and gleefully sharing the incriminating evidence of their crimes on social media.  Geniuses.

Any list of his questionable behavior since his return to private life – since his big boy pout of “snubbing” Joe Biden’s inauguration – is irrelevant to the possible criminal charges of inciting or assisting an insurrection, obstruction of an official proceeding of Congress, conspiracy to defraud the United States, and conspiracy to make a false statement that arise from the January 6 attack on the Capitol.  (Perhaps another time.)  I applaud the committee’s recognition that others in government played a role in Jan. 6 that should not be ignored: kudos for the Ethics Committee referrals against House Republican leader Kevin McCarthy and GOP members Jim Jordan, Scott Perry and Andy Biggs for (like Trump) refusing to comply with committee subpoenas.  You can’t just thumb your nose at a Congressional committee and expect there to be no consequences.

Of course this isn’t the first time we’ve had ample evidence of Trump’s…shall we say, wrongdoing; Congress made history when it twice impeached him for high crimes and misdemeanors.  Well, Democrats in Congress did that; the feckless Republicans succumbed to a partisan effort to protect their own – a president of their own party, and more crucially their own jobs and power from the electoral annihilation they expected they would suffer from their MAGA constituents.  The Republican leadership of the incoming Congress will be powerless to stop this disbanding select committee’s work or the publication of its findings.  It’s up to the Justice Department now to do something about protecting the integrity of our democracy from those who think the laws do not apply to them.

Wh-wh-wh-what?

I had to go back and read it again: did that story indicate that Republicans and Democrats in the U.S. Senate are in agreement on a bill designed to fight off some future “January 6” effort to steal the results of the election?  Why, yes; yes it did:

Mitch McConnell (R-Ky.) has endorsed a bipartisan electoral count reform bill in the Senate, giving the legislation a key boost over a similar bill the House passed last week. Both bills seek to prevent future presidents from trying to overturn election results through Congress, and were directly prompted by the Jan. 6, 2021, attack on the Capitol by a pro-Trump mob seeking to stop the certification of Joe Biden’s electoral win.

The Electoral Count Reform and Presidential Transition Improvement Act, sponsored by Sens. Susan Collins (R-Maine) and Joe Manchin III (D-W.Va.), would amend the Electoral Count Act of 1887 and reaffirm that the vice president has only a ministerial role at the joint session of Congress to count electoral votes, as well as raise the threshold necessary for members of Congress to object to a state’s electors.

Speaking on the Senate floor Tuesday afternoon, McConnell said he would “strongly support” the legislation…

(snip)

The Senate and House bills differ chiefly in how much they would change the threshold necessary for members of both chambers to object to a state’s results. Currently only one member each from the House and Senate are required to object to a state’s electors. The House electoral reform bill would raise that threshold to at least one-third of the members of both the House and the Senate, while the Senate version would raise that threshold to at least one-fifth of the members of both the House and the Senate.

I’m not saying this would solve all our problems; I am saying it is heartening (if a little surprising) to see members of both parties taking action to benefit the country instead of pandering to their hard-line supporters.  I could get used to this…