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Tupac Amaru Shakur, " I'm Loosing It...We MUST Unite!"
Showing posts with label Political News Top Stories. Show all posts
Showing posts with label Political News Top Stories. Show all posts

Saturday, November 7, 2020

Biden and Harris address the nation, basking in victory and pledging to work for unity


President-elect Joe Biden claimed victory Saturday night, pledging in an address to the nation “to be a president who seeks not to divide but unify,” and drawing a contrast between himself and President Donald Trump without speaking the incumbent’s name.

He also evoked former President Barack Obama, promising that as president he wouldn’t “see red states and blue states, but only sees the United States” and pledging “to work as hard for those who didn’t vote for me as for those who did.”

“Our nation is shaped by the constant battle between our better angels and our darkest impulses,” Biden said. “And what presidents say in this battle matters. It's time for our better angels to prevail tonight.”



He said that on Monday he would name a group of experts as transition advisers to design a plan “built on a bedrock of science” to defeat the coronavirus pandemic.

He closed with a nod to both his faith and his son Beau, who died of cancer in 2015, quoting words from the hymn “On Eagle’s Wings,” which he said they both loved.

“And now together, on eagle's wings, we embark on the work that God and history has called upon us to do, with full hearts and steady hands, with faith in America and each other,” Biden said.

Biden took the stage outside the Chase Center on the Riverfront in Wilmington, Del., on Saturday night, four long days after the election. An audience of about a thousand ebullient supporters was present, many in their cars, waving American flags and blue lights distributed by the campaign. Some tailgated with food and drinks. Thousands more supporters gathered in the surrounding streets.



Fireworks went off immediately after Biden’s remarks, as well as a light display spelling out “President-elect Biden” in blue and the number 46 in a circle, as well as “VP-elect Harris.”

Biden was preceded onstage by his running mate, Vice President-elect Kamala Harris, whose ascent marks a turning point for women, people of color, immigrants, and the people of India and Jamaica, who celebrated her victory on Saturday.

Harris praised Biden for having “the audacity to break one of the most substantial barriers that exists in our country and select a woman as his vice president.”

“But while I may be the first woman in this office, I will not be the last,” she said. “Because every little girl watching tonight sees that this is a country of possibilities.”



Harris also gave a shout-out to the Black women whose dedicated organizing and votes for Democrats have been “too often overlooked,” she said, but who are “the backbone of our democracy.”

She promised that she and Biden would tackle everything from the Covid-19 pandemic to systemic racism, climate change and equity.

The Associated Press and cable networks called the race shortly before noon on Saturday, naming Biden and Harris the winners of the hard-fought contest against President Donald Trump and Vice President Mike Pence. Pennsylvania, where Biden trailed by more than 600,000 votes on election night, tipped in his favor on Friday morning, and on Saturday added 20 additional electoral votes in Biden’s column, putting him over the 270-vote threshold for victory.

Trump has not conceded the race and has vowed to fight the election results in court.

In brief remarks on Friday night, scheduled in the hope that the race would have been called by then, Biden urged patience with the vote-counting process and reminded his audience — and the current president — that “the purpose of our politics isn’t total, unrelenting, unending warfare.”

Christopher Cadelago contributed to this report.




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‘This f---ing virus’: Inside Donald Trump’s 2020 undoing

How Biden prevailed and Trump fell short in an unforgettable election, according to conversations with 75 insiders.

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Friday, November 6, 2020

Perdue, Ossoff head to runoff for Georgia Senate seat


Republican Sen. David Perdue and Democratic challenger Jon Ossoff are heading to a January runoff in Georgia, after both fell short of a majority in the November vote.

The two runoffs in the state — this race and the special election for the state’s other Senate seat — will decide control of the Senate on Jan. 5. Republicans hold a narrow edge in the race for a majority, but they are currently short, with several races still undecided. With Joe Biden appearing to be on track to win the presidency, victories in both Georgia races would likely hand Democrats control of an evenly split 50-50 Senate.

The dual overtime races will undoubtedly drive national attention and money back into the state over the next two months.

Ossoff, an investigative filmmaker, entered the race against Perdue late last year with unusual name recognition and fundraising ability after narrowly losing the most expensive House race in history in a 2017 special election that became an early Trump-era rallying point for the Democratic Party.

Ossoff and Perdue, a former executive at several Fortune 500 companies, had to compete for attention with candidates in Georgia’s other Senate race, but Perdue’s drive for a second term got closer and closer in the polls throughout the summer, until the two men were running neck-and-neck in the fall, along with the presidential candidates.

Ben Fry, Perdue’s campaign manager, described Perdue’s lead on the November ballot — which was around 2 percentage points — as “commanding.”

“Jon Ossoff does two things well: burn through out-of-state liberal money and lose elections,” Fry said. “Georgians will now get to watch him do both again."

Perdue, a staunch ally of President Donald Trump, sought to tie Ossoff to the Democratic Party’s left flank, going so far as to claim inaccurately that the Communist Party had endorsed the Democrat. Ossoff attacked Perdue’s stock trades while in office and criticized his position on health care, part of a broad Democratic effort to attack Republicans with past votes that would have repealed health insurance regulations that protect people with preexisting conditions.

Perdue has touted his influence with the Trump administration while also trying to appeal to Atlanta-area swing voters turned off by the president. But Perdue campaigned with Trump in the run-up to Election Day — drawing national attention when he mocked the pronunciation of Democratic vice presidential nominee Kamala Harris’ name at an Oct. 16 rally.

While national Democrats avoided wading into Ossoff’s primary earlier this year, party donors opened up their wallets throughout the third quarter of 2020, and Ossoff outraised Perdue by a margin of almost 4-to-1. He focused much of his campaign on health care, including prescription drug prices and the government’s handling of the Covid-19 pandemic, and on Perdue’s closeness to Trump.

“Change has come to Georgia, change is coming to America, and retirement is coming for Sen. David Perdue,” Ossoff said in remarks Friday morning. “Because a majority of Georgians have stood up to reject his request for a second term.”

Trump won Georgia by 5 percentage points in 2016, but this race became a test of just how much the state had shifted amid demographic change and increased voter registration.

Georgia’s secretary of state said Friday morning that there will be a recount of the state’s presidential votes, as Biden took a narrow lead of a few hundredths of a percentage point over Trump.

“With a margin that small, there will be a recount in Georgia,” Secretary of State Brad Raffensperger, a Republican, said at a Friday morning press conference. “Interest in our election obviously goes far beyond Georgia's borders. The final tally in Georgia at this point has huge implications for the entire country.”




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Another Republican election suit strikes out


Republicans struck out in another election-related lawsuit on Friday as a federal judge refused a request to issue an order that could have delayed Nevada’s election results for days.

Las Vegas-based U.S. District Court Judge Andrew Gordon issued his ruling after hearing arguments Friday that Clark County officials violated state law by using a machine to scan mail-ballot signatures and match them against earlier signatures on file for each voter.

A lawyer for a voter who claims that someone else voted her initial ballot and for two GOP congressional campaigns argued during a two-hour telephone hearing that election officials should be required to stop using the machine and instead compare the signatures manually on every mail ballot.

“Every other county eyeballed it appropriately through the statutes,” said David O’Mara, the Republican lawyer. “They didn’t have the right to do this. … The court needs to protect the integrity of the election.”


However, Gordon sounded deeply skeptical about the Republican arguments on several levels. He repeatedly suggested he should defer to state courts on the requirements of state law.

But the judge said he wasn’t rejecting the request based on what he called “a technicality,” but because he thought the suit had little chance of succeeding. He noted that Nevada law allows for the use of machines in tabulating votes and doesn’t specifically forbid signature-comparison devices.

The judge also questioned whether the aggrieved voter, Jill Stokke, was actually injured by the county’s use of the matching machine, called Agilis. Stokke acknowledges that after being told an absentee ballot had already been submitted with a signature that three officials determined matched hers, she was given an opportunity to cast a provisional ballot if she signed an affidavit confirming she had not voted. She declined.

O’Mara said the provisional ballot Stokke would have been given doesn’t include all the races she was eligible to vote in, but a lawyer for the county, Mary-Anne Miller, said it would have been a “full provisional ballot.”

“Ms. Stokke, it seems to me, could have repaired her harm by filing a provisional ballot with the affidavit,” Gordon said. “There’s little to no evidence that the machine is not doing what it is supposed to do.”

The judge, an appointee of President Barack Obama, also said that upending the system as a deadline for certification of the results nears would not be wise.

“The public interest is not in favor of disrupting the completion of the process and the counting of the ballots,” Gordon said. “There is an interest in having the legislature’s rules and laws carried out.”

The suit also sought an order to require greater access to vote tabulation in Clark County. A plaintiff in the case, Chris Prudhome, complained that observers are too far away and can’t hear the poll workers because they are behind a glass partition.

O’Mara said that was at odds with the right of access guaranteed by state law.

“It has to be a public event. Just like any hearing or public meeting,” the attorney said. “It’s just basically nothing. You get nothing out of it. It makes that statute a nullity.”

The judge, however, said he wasn’t going to delve into whether observers couldn’t hear well or couldn’t hear well enough.

“You’re asking me to impose some new standard or strictures or guidelines,” Gordon said. “Do we have to provide microphones? … At what point does this get into the ridiculous? … It occurred to me that you’re forcing me to get way down deep in the weeds and we’re going to be right back here if I put something in place.”

After O’ Mara asked for “meaningful access,” Nevada’s deputy solicitor general, Craig Newby, warned the judge against adopting a “nebulous, undefined” standard.

“We have had that setup for years,” Miller said. Under O’Mara’s proposal, she added, “they’d have to be inside that glass enclosure cheek by jowl with the tabulation room workers.”

Miller said the arrangement allows the public a closer-up look at the process, but without using cameras. Journalists are kept farther back. She said Prudhome violated the rules by taking a device up to the window.

On the signature scanning, Newby said: “It is a valid system. There is nothing under the statute that prohibits this.”

Under the system, if the machine reports a mismatch, then three election officials look at the signature and decide whether it is close enough. If the machine reports a match, then the ballot is counted without further review.

The federal suit will continue despite Gordon’s rejection of the requested temporary restraining order and preliminary injunction. However, a similar case is currently pending at the Nevada Supreme Court and could provide a clearer answer on how much access is required and whether the signature-matching system complies with state law.

On Election Day, Nevada’s top court declined to grant emergency relief on the issues to the state Republican Party. Legal briefing, set on an expedited basis, is scheduled to wrap up on Monday. The deadline to finish vote counting in the state is Thursday, with the formal canvass by Nov. 16.




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GoFundMe takes down conservative fundraiser’s page for election misinformation


GoFundMe took down a conservative operative’s fundraising page on Friday, asserting that it was spreading misinformation about the 2020 election.

Matt Braynard, who was an early staffer on the data team for the 2016 Trump campaign, set up the page to finance an investigation into voter fraud. He claimed on Twitter that he had data on absentee ballots and early voters in a number of key swing states and wanted to run them against Social Security and change-of-address databases to determine illegitimate votes.

Comparing the databases would require thousands of dollars, he claimed in a series of tweets on Thursday. He turned to GoFundMe after being unable to get support from the Republican Party or President Donald Trump’s reelection campaign. But GoFundMe removed the page the following day, saying that it violated the site’s terms of service and that it “attempts to spread misleading information about the election and has been removed from the platform.”

State election officials have repeatedly rejected that there was any mass voter fraud in the 2020 election, and numerous studies show voter fraud to be exceedingly rare in the U.S. There has been no evidence of major hacking into voting infrastructure, and the election has, by and large, gone smoothly.

But as Trump’s lead in critical swing states slowly slipped from his grasp, the president has been spreading conspiracy theories that fraudulent votes were being dumped to take away his reelection. These claims have no basis in evidence; the evolving numbers in key states reflect the unprecedented number of absentee ballots sent in amid the coronavirus pandemic.

Braynard claims that he raised $220,000 when his page was taken down. A GoFundMe spokesperson told POLITICO that all the money was returned to donors.

Braynard started a new fundraising campaign on another crowdsourcing site shortly after.

“But we won’t be stopped; please give even more on our new Croud Sourcing page,” he tweeted.




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Biden making more gains as Trump vows to keep fighting


Joe Biden pulled narrowly ahead of Donald Trump in Pennsylvania on Friday, hours after doing the same in Georgia, making it more certain than ever that Democrats will reclaim the White House.

After trailing Trump by hundreds of thousands of votes on Election Day in Pennsylvania, Biden steadily ate into his margins as more mail-in ballots were tallied in the state and put him in the lead for the first time after 32,000 ballots from heavily Democratic Philadelphia were counted.

Biden’s lead continued to grow throughout the day in Pennsylvania, to more than 13,500 by 3:30 p.m., as about 113,000 ballots remained to be counted.

In a sign of the campaign's confidence, Biden plans to deliver a primetime speech to the nation from Wilmington on Friday, according to aides. His running mate, Sen. Kamala Harris, is also expected to give remarks.

“I know he knows he's a winner,” said Bob Brady, chairman of the Philadelphia Democratic Party, who spoke to an upbeat Biden earlier in the day. “Philadelphia put him in the White House. Pennsylvania put him in the White House.”

“Biden has re-built a Wall...the Blue Wall ... although it is fragile,” University of Florida political science professor Michael McDonald, who tracks the nation’s early voting in real-time, wrote on Twitter after Pennsylvania’s race flipped.

In a written statement issued midday, Trump tried to reframe his baseless claims of widespread fraud, saying his campaign was engaging in multiple lawsuits in different states to protect “the integrity of our entire election process.”

Also, the Pennsylvania Republican Party announced that it is petitioning the U.S. Supreme Court to make sure that state officials separate late-arriving ballots and not count them before a court ruling to declare their validity. The Pennsylvania Secretary of State said the separation is already happening.

Biden only needed six electoral college votes to secure the 270 needed to win. Pennsylvania is worth 20 electoral votes, and Georgia is worth 16. They are still too close to call.

With fewer than 1,600 votes separating the candidates, Georgia’s secretary of state announced Friday morning there would be a recount, something Democrats don’t expect in Pennsylvania because of Biden’s growing margin and the large pool of uncounted ballots.

In Nevada, which is worth six electoral votes, Biden has led for days and he saw his margins almost double Friday to more than 22,000. Tens of thousands of ballots remain to be counted, but nearly all come from heavily Democratic Clark County.

Nevada is the likeliest state to be called first in Biden’s favor. His campaign is waiting on independent media to call one of the races so he can claim victory without appearing premature, allies said.

Meanwhile, Biden clung to his advantage in Maricopa County in Arizona, where a batch of newly counted ballots that favored Trump failed to make up enough ground to alter the trajectory of that contest, although more ballots are still being counted.

If Biden wins Pennsylvania, Nevada and Georgia, and keeps Arizona in his column, he will rack up the same number of electoral votes as Trump did in 2016 — 306.

“306. Landslide. Blowout. Historic,” Kellyanne Conway, Trump's 2016 campaign manager, summed up on Twitter four years ago.

Biden is expected to address the public later on Friday, with a victory speech if he clearly gets to 270 or a brief statement to the public similar to the one he did the day before by urging calm, patience and faith in the American system. It's a contrast to Trump and his backers who have spread baseless conspiracy theories and unfounded accusations of rampant fraud.

The most dramatic result so far is in Georgia, which is run by Republicans. Georgia last voted for a Democratic president in 1992, when it went for Bill Clinton. Shortly after 4 a.m., Biden pulled ahead on the strength of mail ballots from the Atlanta area and blue suburban counties.

Falling further back in overtime ballot-counting, Trump has resorted to legal challenges where the Trump campaign and Republicans have made little progress as the president attacks the electoral process and makes claims, without evidence, of illegal voting and widespread fraud.

Georgia elections officials emphasized Friday that they saw no evidence of mass illegal voting.

“We're not seeing any widespread irregularities," Gabriel Sterling, a top Georgia elections official, said during a press briefing.

Trump's inflammatory statement at the White House Thursday is dividing Republicans, with some officials echoing the president's charges that he would have been victorious if all of the ballots cast in the election were not counted.

"President Trump won this election," House Minority Leader Kevin McCarthy said in his defense of Trump, whose remarks were cut short by several TV networks that pivoted to fact-checking his unsubstantiated claims.

Trump and Republicans have focused in on heavily Democratic cities where Biden notched massive margins. They've been pushing for more accommodations for ballot-counting observers, and suing to have the counts halted.

“Philadelphia elections are crooked as a snake,” Sen. Lindsey Graham said on Fox News. “Why are they shutting people out? Because they don’t want people to see what they’re doing.”

Other GOP leaders offered what have become familiar rebukes, with Maryland Gov. Larry Hogan saying, "there is no defense for the president’s comments tonight undermining our Democratic process."

“Show us the evidence. We heard nothing today about any evidence,” former New Jersey Gov. Chris Christie said on ABC. “This kind of thing — all it does is inflame without informing.”




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Former Wall Street cop Gary Gensler to join Biden transition


Gary Gensler, a former Obama administration official best known for cracking down on Wall Street banks, will join Joe Biden's presidential transition team and lead its review of financial regulatory agencies, people familiar with the matter said.

Gensler's involvement will likely calm the nerves of progressives who want Biden to take a hard line with the finance industry. The former Goldman Sachs partner faced off with the banking industry as chair of the Commodity Futures Trading Commission from 2009 to 2014, guiding the agency as it imposed new rules on Wall Street trading after the 2008 financial crisis.

Gensler's work on the Biden transition is expected to focus on agencies including the Federal Reserve, the Securities and Exchange Commission and the CFTC. Gensler is currently a professor at the MIT Sloan School of Management.

A spokesperson for the Biden transition team declined to comment. The Wall Street Journal earlier reported Gensler's involvement.

Sources said they also expected Don Graves, who recently worked for Cleveland-based KeyBank, to focus on financial policy. Graves, who was already announced as a member of Biden's transition team, served in Biden's vice presidential office and in the Treasury Department. Graves was KeyBank's head of corporate responsibility and community relations until September.

At the CFTC, Gensler led efforts to impose sweeping new rules on the trading of financial derivatives known as swaps, which had been largely unregulated before they helped fuel the 2008 Wall Street meltdown.

He left the agency as one of the most consequential regulators in the aftermath of the financial crisis, having led the CFTC through a vast expansion of its powers and a major overhaul of how the government oversees derivatives markets.



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The Election That Broke the Republican Party


Never has the unprecedented been so utterly predictable.

At the conclusion of a campaign that exceeded their expectations in almost every sense—picking up House seats, thwarting an outright Democratic takeover of the Senate, running competitively in every presidential battleground state—Republicans could have walked away from 2020 with some dignity intact. They could have conceded defeat to Joe Biden, celebrated their hard-fought successes elsewhere and braced for the battles ahead.

But that was never going to happen. This is Donald Trump’s party—at least, for another 76 days—and no Republican who hopes to remain relevant after he’s gone was going to deny him the bloody farewell he’s been building toward.

Did we really think the president worked so diligently these past eight months to create an environment conducive to allegations of mass voter fraud, only to stop short of alleging mass voter fraud? Of course not. Even if the president had been swept in every swing state, and by big margins, he was always going to cry foul. That he lost such close contests—and lost them in a style so unfamiliar to so many voters—only made his reaction all the more inevitable.

“If you count the legal votes, I easily win. If you count the illegal votes, they can try to steal the election from us,” Trump said from the White House on Thursday night, using the world’s most powerful podium to accuse the world’s most powerful nation of becoming a banana republic. He impugned crooked Democratic political machines that were allegedly denying access to Republican canvassing observers. He decried the “election interference” wrought by inaccurate poll numbers (a phrase the president has never used with regard to Russia). But his biggest complaint was with the voting method that was at that very moment turning red states to blue.



“I’ve been talking about mail-in voting for a long time. It’s really destroyed our system. It’s a corrupt system and it makes people corrupt,” he said. “They want to find out how many votes they need, and then they seem to be able to find them.”

To recap: The president scared his own voters away from voting by mail, resulting in lopsided Democratic margins when those ballots were counted; and Republican lawmakers in several key states refused to allow those ballots to be counted early, resulting in delays that created an early mirage of the president winning because the votes tallied first were those most favorable to him. Trump has good reason to resent those mail votes: They made the ballot box more accessible; they created the illusion that victory was possible; then they shattered that illusion in agonizing fashion, every incremental dump of returns amounting to a slow twist of the knife.

Biden is now leading in four states that have yet to be called by a consensus of news organizations. Victory in Pennsylvania or the right combination of the other three—Nevada, Georgia or Arizona—would carry him over the threshold of 270 electoral votes and make him president-elect of the United States, a moment that draws closer every minute. Trump is digging in, alleging a conspiracy of unfathomable proportion, conceived and executed right beneath our noses, to deny him a second term in the White House. His evidence for this? Invisible. But no matter. The man who swore Barack Obama was born in Kenya, the man who insisted that millions of illegal votes were cast in 2016, has never been deterred by a lack of proof.


And yet, this moment is not entirely about him. The question was never going to be how Trump responded to a defeat. The question was how Republicans would respond to Trump’s response. After four years of turning a blind eye to the president’s subversive rhetoric and manic behavior and relentless dishonesty, the ultimate test for the Republican Party was whether it would accommodate the president’s rebellion against this country’s democratic norms or denounce it.

The Republican Party has failed that test.

“President Trump won this election,” Kevin McCarthy, the House Republican leader, declared Thursday night during an appearance on Fox News, as some 140 million ballots tabulated nationwide showed Trump badly losing the popular vote, trailing in most battleground states and nowhere near clinching a majority in the Electoral College. “Everyone who is listening: Do not be quiet. Do not be silent about this. We cannot allow this to happen before our very eyes.”

What “this” was McCarthy referring to? Not simply the steady erosion of Trump’s lead in a handful of pivotal states, as the tabulation of millions of mail votes plodded along. No, McCarthy was casting doubt on what was causing those margins to close. He was insinuating that something sinister was afoot in states like Georgia and Pennsylvania. He was nodding to the notion that partisan observers—“poll watchers,” as they’re often called—weren’t being allowed to monitor the process. And he wasn’t alone.


“Philadelphia elections are crooked as a snake,” Senator Lindsey Graham of South Carolina told Sean Hannity on another Fox News segment Thursday evening. “There’s the process of observing an election that’s being violated.”

Hannity asked if Pennsylvania lawmakers should invalidate the results because GOP poll-watchers weren’t being allowed to monitor the count in Philadelphia. “I think everything should be on the table,” Graham replied.

The only problem? Observers were allowed to monitor the count in Philadelphia.

This is not in dispute. The Trump campaign’s own attorneys, in a court appearance Thursday, acknowledged that more than a dozen of their designated poll watchers were physically present throughout the day at the main ballot processing site. The bipartisan elections commission in Philadelphia issued a statement Thursday confirming as much: “The Trump campaign has had certified canvas observers in the Convention Center to view the counting operation all day long today as it has since the pre-canvas began on Tuesday at 7:00 a.m.” The lone point of contention was how far the poll watchers were required to stand from the ballot counters, a bit of logistical nuance that somehow spawned a sweeping claim that observers had been kicked out altogether.

None of this stopped Senator Ted Cruz of Texas—the man who once called Trump “a pathological liar”—from echoing the president’s deception, following up Graham’s performance with one that made the South Carolina senator look meek by comparison.

“I am angry, and I think the American people are angry,” Cruz told Hannity, his voice wrung with outrage. “By throwing the observers out, by clouding the vote-counting in a shroud of darkness, they are setting the stage to potentially steal an election not just from the president, but from the over 60 million people across this country who voted for him.”

One might assume that an Ivy League-educated lawyer like Cruz—someone who argued cases before the Supreme Court, someone who, as he reminded Hannity on Thursday night, worked on the Bush v. Gore case in 2000—would make sure his assertions were bulletproof before sharing them with millions of viewers. But that assumption would be wrong.

Cruz warned Hannity in foreboding tones of the “darkness” corrupting this election. In addition to spreading falsehoods on Fox News, his attempt to shed light on it involved tweeting a story from The Federalist, a far-right website, headlined, “Yes, Democrats Are Trying To Steal The Election In Michigan, Wisconsin, And Pennsylvania.” The compelling evidence? A screenshot of incoming results from the election-tracking website Decision Desk HQ, taken by a GOP operative, that purported to show a sudden dump of 128,000 votes for Biden in Michigan. It turned out there was an input error by a single county; the numbers were quickly corrected and the GOP operative deleted his screenshot. But The Federalist didn’t delete its story. Nor did Cruz delete his tweet.

A handful of prominent Republicans have distinguished themselves over the past 72 hours by daring to question the president’s claims and the rhetoric of the right. Utah Senator Mitt Romney, the party’s previous nominee for president, said Trump’s bombast “damages the cause of freedom here and around the world.” Will Hurd, the retiring congressman from Texas, called Trump’s unfounded allegations “dangerous.” Pennsylvania Senator Pat Toomey said Trump’s speech was “very disturbing.” A pair of military veterans in Congress, Adam Kinzinger and Denver Riggleman, took Trump to task for disrespecting the elections process. Even Sean Spicer, the former White House press secretary who launched the Trump administration with a lie about inauguration crowd sizes, scoffed at the unfounded nature of Trump’s claim.

But these voices were the minority, drowned out by the doomsayers who seem determined to go down with the ship. Eric Trump, the president’s middle son, warned Republicans not to be “sheep” and urged them to “Fight against this fraud.” Newt Gingrich, the former House speaker and a confidant to the president, called for the arrest of poll workers. Mark Levin, a right-wing radio host with a penchant for hysteria, urged Republican-controlled state legislatures to ignore the results of their state elections and send electors who will vote for Trump in the Electoral College. His missive was retweeted by the Republican Party’s top spokesperson.


For the GOP and its right-wing affiliates, a discernible pattern emerged over the past 72 hours. Level sweeping allegations without evidence. Use the phrases “late ballots” and “illegal votes” often and interchangeably. Point to oddities and irregularities, no matter how minuscule, as proof of a broader conspiracy. Then, despite those individual claims being debunked, stand by them. If this playbook sounds familiar, it’s because the party has taken on the identity of its leader.

Consider the case of Liz Harrington, the top spokesperson for the Republican National Committee. On Thursday, right around the time she was retweeting Levin, Harrington began broadcasting a popular conspiracy theory that Milwaukee’s high rate of voter turnout was evidence of voter fraud. Tweeting quotes from an article in another far-right publication—headlined “Game-On for the Coup?”—Harrington claimed the “improbably high turnout” was “a statistical impossibility.” She wondered how “Sleepy Joe” drove 85 percent turnout in Milwaukee when Barack Obama, the nation’s first Black president, had only generated 71 percent turnout there.

Except she was wrong. According to public records, turnout in the city of Milwaukee was 87 percent in 2012. Harrington had erred by comparing Biden’s turnout of registered voters this year with Obama’s turnout of eligible voters (a larger pool that yields a smaller percentage) eight years ago. Insidious as the underlying motives were, Harrington could be forgiven for this mistake. But then she doubled down. Responding to my correction of her facts, Harrington stated that turnout “jumped by more than 20 points” in Milwaukee County from 2016 to 2020. Again, the implication clear: Such a huge spike in activity, in a heavily Black and predominantly Democratic area, was proof of corruption.

And again, her facts were wrong. Turnout in Milwaukee County was 80 percent in 2016. Turnout in Milwaukee County this year was 84 percent. That’s a very modest increase, especially relative to the rest of Wisconsin, where some rural red counties saw turnout boom as much as 15 percent. Harrington wasn’t concerned with those increases—for obvious reasons.


This is the inherent flaw with the GOP’s charge of mass voter fraud. Participation rates spiked more in Republican areas than in Democratic ones; Trump won more votes in cities like Milwaukee and Detroit than he did four years ago. There is no pattern in the data to suggest anything except a high-intensity, high-turnout election all the way around, and in many cases, particularly down-ballot, Republicans were the beneficiary. As spectacularly as she failed to produce evidence of malfeasance, at least Harrington tried to use actual numbers. That’s more than could be said for most Republicans who rushed to Trump’s defense on Thursday.

“Democrats are trying to steal the election,” said Congressman Doug Collins of Georgia. “We won’t let it happen.” (He included a hashtag—#stopthesteal—that plugged into a universe of alleged crime and subterfuge, much of it focused on the same handful of purported incidents of fraud.)

“I stand with President @realDonaldTrump,” said Congressman Chuck Fleischmann of Tennessee. “We need transparency in our election system. What we’re seeing is fraud, and it must be stopped.”

“The election results are out of control,” agreed Senator-elect Tommy Tuberville of Alabama. “It’s like the whistle has blown, the game is over, and the players have gone home, but the referees are suddenly adding touchdowns to the other team’s side of the scoreboard.”

“Trump’s points are persuasive: concerted use of fraudulent polls; stunning and implausible ballot dumps overnight; observers barred,” said Congressman Dan Bishop of North Carolina. “Fight!”

“Radical Dems tried to do away with law and order and are now trying to do away with law and order at the ballot box,” agreed Congressman Roger Williams of Texas. He later added, “This is the most corrupt election in our lifetime. Where is the DOJ and AG?”

This is just a sampling of the statements made by Republicans in the wake of Trump’s dramatic speech from the White House on Thursday night. Much of the agitation focused on two things: Questioning the absence of a law enforcement investigation, as Rogers did, and encouraging Republican voters to contribute to Trump’s legal defense fund. The two sentiments go hand-in-hand: Because the Department of Justice has not (yet) inserted itself into any of the fracases that have sprung up in various states, the burden falls on Trump’s campaign to substantiate their allegations of wrongdoing.

That’s a heavy lift—one made heavier by the fact that, despite this being the most scrutinized election in memory, there is thus far zero evidence of any scalable fraud. This should be considered a triumph for Trump’s campaign: Over the past few months, I’ve had numerous local GOP officials boast about their poll-watching program, describing its sophistication, exuding confidence that they would have eyes and ears in every room as votes were being counted. “The Trump campaign is on it like white on rice. They’re watching everything,” Matt Albert, chairman of the Outagamie County GOP in Wisconsin, told me last month. If anyone tried to cheat, Albert emphasized, they wouldn’t stand a chance.

There were no notable accusations of wrongdoing on Election Day, no allegations being made by Republicans in states like Michigan and Georgia and Pennsylvania. Then, on Wednesday, a flicker of scandal, fueled by social media, began to illuminate the right. By Thursday the spark had become an inferno, with millions of Americans exposed to photos and videos supposedly verifying widespread fraudulent activity. What changed between Tuesday and Thursday? Not the presence of poll watchers; they were there all along. Not the sudden counting of mail ballots; millions of them were tabulated earlier in the week in states like Ohio and Florida, without any incident. The only thing that changed was the president’s position in the race, which explains the sudden feeding frenzy of rumor and speculation and conspiracy theorizing.

The truly remarkable thing is that thus far, Trump and his Republican allies have produced nothing to even remotely substantiate the notion of a rigged election. His efforts in this regard have been more a publicity stunt than a serious legal challenge; the president’s political fixers, including erstwhile campaign manager Corey Lewandowski and American Conservative Union chairman Matt Schlapp and former ambassador Ric Grenell, have scrambled around the country holding press conferences alleging rampant abuse yet failed to offer any examples of it. (Grenell presented an elderly blind woman in Nevada who claimed her ballot was stolen; Clark County officials confirmed they had already met with the woman, given her the chance to authenticate a new ballot for the election, and that she declined.)



In lieu of any exhibits with which to prosecute their case, Republicans fell back on rumor and innuendo that withstood laughably little scrutiny. There was the video from Detroit that ostensibly showed a suitcase full of ballots being hauled by wagon outside the TCF Center, the city’s hub for election processing. (Turns out it was camera equipment for the local ABC affiliate.) There was the Facebook-fueled uproar in Maricopa County, Arizona, over ballots being rejected because they were filled out with Sharpie markers. (They were not rejected; county officials confirmed that the markers were actually the best option for filling out ballots.)

By far, the episode that attracted the most attention was inside the TCF Center in Detroit, where election officials covered the windows of the vote-processing area because the workers inside felt intimated by the swelling crowds outside. As a matter of perception, the maneuver was rash; video loops of the windows being papered over were destined to play for years to come. As a practical matter, however, this changed nothing. Scores of Republican poll watchers were in the room before, during and after the windows were covered. Cameras were rolling around the clock, in every part of the room, as they are in Philadelphia and other major vote-counting hubs. There was no lack of transparency. The Michigan Republican Party has been monitoring precincts in Detroit for years; this election was no different.

“They had 136 people in the room,” said Josh Venable, who for years ran the state GOP’s Election Day operation, which included training and supervising hundreds of poll watchers.

“There’s a process for those people; there are rules. I’ve worked extensively with the elections officials in the city of Detroit, and they take it very seriously. They do everything by the book. Are there errors that happen? Sure. But that’s not fraud. In all my years watching elections in Detroit, I never saw any sort of fraud. Stolen ballots? Bused in voters? It never happens. You know why? Because you can’t get away with it. It’s way easier to just try and win the election.”

To be clear, this echoes the overwhelming consensus within the community of election experts. Karl Rove, the “architect” of George W. Bush’s winning campaigns, jeered the notion of some elaborate scheme to steal the election, saying it “would require a conspiracy on the scale of a James Bond movie.” Ben Ginsberg, the Republican Party’s top election lawyer for the past several decades, recently wrote in the Washington Post, “Proof of systematic fraud has become the Loch Ness Monster of the Republican Party. People have spent a lot of time looking for it, but it doesn’t exist.”

Venable, who worked in the Trump administration as chief of staff to Education Secretary Betsy DeVos—and who recently wrote an op-ed explaining his support for Biden—said the president’s rhetoric has become “increasingly dangerous.” He fears that Republicans who repeat it are openly inviting violence.


“This is something out of the Pinochet regime. These Republicans who are indulging the president, they all know better. That’s what I find so disturbing: They know exactly what they’re doing, and they don’t care,” Venable said. “This effort to question the integrity of the electoral process of the United States of America—by people of great power and prominence, people who know it has zero basis in fact—it’s just astonishing to me. And it’s frightening.”

If the voting numbers hold, Trump won’t be in office much longer. But his imprint on the Republican Party is permanent. This much has been clear since the day he won the presidency, and it has grown clearer each hour since. The impulsive governing and the disregard for the rule of law, the undermining of allies and the embracing of tyrants, the schoolyard taunts and the vulgar sentiments—all of this will live on. It will be central to his legacy and to the party’s. And yet nothing will prove as enduring as his delegitimizing of the office he holds and the democratic process that elected him to it. Nothing can repair the damage done by a sustained effort to subvert the nation’s bedrock institution and diminish public confidence in it. Nothing that happens to the GOP moving forward can erase the memory of the president telling the American people their votes were stolen—and Republicans, not bothering with evidence, nodding along in agreement.

The irony of Donald Trump’s presidency is his unremitting wrath over being viewed as an illegitimate president—when it was his attempts to portray Barack Obama as an illegitimate president that endeared him to the American right and planted the seeds of his political rise. There is no shortage of symmetry now, with his campaign for reelection in peril and the twilight of his reign upon him, in Trump’s efforts to make his successor as illegitimate as his predecessor.

A healthy Republican Party would not abide this. Then again, a healthy Republican Party would not have winked and nodded at birtherism, nor would it have nominated Trump to the presidency in the first place. In November 2016, Republicans looked upon Trump’s victory and wondered if there was any going back. In November 2020, they looked upon Trump’s defeat and decided the answer was no.



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FTC likely to sue Facebook on antitrust violations by end of November


The Federal Trade Commission is likely to sue Facebook for antitrust violations before the end of November, three people familiar with the probe said — the federal government’s first major swing at the social media giant amid a larger push to rein in Big Tech.

But the FTC is considering handling the case internally, a move that may make it easier to win, but that would take years and likely anger attorneys general from dozens of states who have been pushing for a swift, nationwide effort to force change at the company.

The suit, in the works for 16 months, is expected to allege that Facebook, the world’s biggest social network with 2.74 billion users, unfairly stifled competition as it snapped up smaller rivals and maintained a stranglehold on its users’ data. It could ultimately force Facebook to unwind its acquisitions of photo-sharing app Instagram and messaging platform WhatsApp.

FTC Chair Joe Simons favors keeping the suit in-house by bringing it before the agency’s administrative law judge, the people said, speaking anonymously because of the confidential nature of the probe.

Simons will need to persuade at least two of his fellow commissioners to agree to administrative litigation and if a President Joe Biden takes office, a new chair could reverse the plan. While both Republicans and Democrats have complained of tech companies’ power in recent years, progressives hope Biden will be tougher on the antitrust front than the Trump administration, particularly given calls from high-profile Democrats like Sen. Elizabeth Warren of Massachusetts to split up the giants of Silicon Valley.


Administrative cases are less public than federal court proceedings and the agency has never before brought a case of this magnitude internally.

An in-house suit would cut out states from joining the litigation. Dozens of states are also investigating Facebook and are on the verge of filing their own suit in federal court. They have been trying to persuade the FTC to join them in a combined effort that would give them all greater resources and clout in asking for big changes to Facebook’s business, such as court-ordered spinoffs of Instagram and WhatsApp.

New York Attorney General Tish James — whose office is heading the multistate probe — has circulated a proposed antitrust complaint and gave other states until last week to decide whether to sign on. As many as 30 states are expected to participate, one of the people said, and a complaint could be filed as soon as next week. News service The Capitol Forum first reported the potential timing of the state complaint.

Representatives for Facebook and the FTC declined to comment. A spokesperson for the New York attorney general didn’t respond to a request for comment.

The FTC often uses its in-house court for cases involving completed mergers or ones with complex or novel legal theories — both of which are present in the potential Facebook case.

But critics allege the agency’s in-house court allows it to act as “judge, jury and executioner” in its internal proceedings. The agency’s commissioners almost always side with the FTC’s staff over companies, and the process is also more lengthy, taking years to complete.

Even so, the FTC wins most of the time when companies appeal its decisions — cases that go to federal court. A 2016 study by Maureen Ohlhausen, then an FTC commissioner, found that appeals courts sided with the FTC in 61 percent of cases over the past 40 years.



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House Dems brace for more losses


The House is on track to have its thinnest majority in roughly two decades next year — and it could get worse for Democrats.

Speaker Nancy Pelosi has so far lost seven incumbents in Tuesday’s election, and that number could increase to roughly a dozen as more votes are tallied in New York, California and Utah. That would leave Democrats with a razor-thin margin — and an even more emboldened GOP minority — as the party looks to govern under a potential President Joe Biden.

The most likely scenario for Democrats is a net loss of between seven to 11 seats, according to interviews with campaign officials and strategists from both parties. That toll has prompted some tense discussions within the Democratic caucus about its message, tactics and leadership, with an internal race intensifying to succeed Democratic Congressional Campaign Committee Chairwoman Cheri Bustos (D-Ill.).

And the fallout means the House is indeed in play in 2022, and the battle will be fought on a whole new set of district lines, most of which will be drawn by Republicans who maintained control of key statehouses.

Some two dozen battleground races remain uncalled, and the final results may not be known for weeks. But at least two more Democrats are likely to fall: Reps. Max Rose and Anthony Brindisi in New York, who trail their opponents by tens of thousands of votes. And the party is also worried about ceding an open southeast district in Iowa and about the fate of Rep. Ben McAdams (D-Utah).

In California, there’s a real chance Democrats could lose three more members — Reps. Gil Cisneros, TJ Cox and Harley Rouda — because the remaining mail ballots have not skewed against their GOP challengers as they did in the 2018 midterms.

Democrats have so far secured victory in about 15 districts that Donald Trump won in 2016, and are expected to lock down several more in Illinois, Pennsylvania and New York in the coming days. The party has lost two seats in Clinton territory: Reps. Debbie Mucarsel-Powell and Donna Shalala in southern Florida, with several more seats in California in the danger zone.

“We held the House, that was our goal. If we could win more, that would be good. We’re still in the hunt for a number of seats right now,” Pelosi told reporters Friday at her first press conference since the election.

“We lost some battles. But we won the war. We have the gavel,” Pelosi said, adding that many of the Democratic incumbents who lost faced an “almost insurmountable” challenge with Trump on the ballot. And Vice President Biden, she said, was on the brink of seizing back the White House.

There were a few bright spots for Democrats Friday. Democrat Carolyn Bourdeaux officially flipped a suburban Atlanta seat blue for the first time in 25 years. That victory marks the Democrats’ only pickup besides a pair of North Carolina seats that were redistricted into safe blue seats.

In a DCCC memo sent to members late Thursday night, officials projected confidence about several races that remain uncalled, including Reps. Lauren Underwood in Illinois, Susie Lee in Nevada and Antonio Delgado in New York.

Democrats are also monitoring four competitive seats in California, which handed them seven pickups in 2018. Nearly all of them came in after election night two years ago, thanks to lethargic mail-ballot counting in the state. Those late-arriving votes overwhelmingly favored Democrats, delivering them come-from-behind victories.

That does not appear to be the case in 2020.


“This late vote, even if it breaks Democratic, it’s not going to break as solidly Democratic as it did in 2018,” said Paul Mitchell, a nonpartisan data guru in California.

“Republicans decided to vote later but also Democrats decided to vote earlier,” he said. “Any situation like that makes it harder to think of a pathway for this late tail of votes to be extremely Democratic.”

Democrats are most pessimistic about Rouda, a freshman who trails Republican Michelle Steel by about 4,800 votes in his Orange County-based district. In a nearby seat, which includes parts of Los Angeles, Orange County and San Bernardino counties, Cisneros is behind Republican Young Kim by about 2,500 votes.

In a northern Los Angeles-area seat, GOP Rep. Mike Garcia narrowly leads Democrat Christy Smith in a rematch of their May special election. This is likely Democrats' best chance to net a fourth pickup — but the final margin is likely to be close.

Bustos said in a report that she was “cautiously optimistic” about McAdams, a freshman member who narrowly leads former NFL player Republican Burgess Owens. The party believes there are more outstanding ballots in Salt Lake County, McAdams’ stronghold, than in Utah County, which is more red-leaning.

The tightest House race in the country might be in an open seat in southwest Iowa where Democrat Rita Hart leads Republican Mariannette Miller-Meeks by just 162 votes in a race that’s almost certainly headed to a recount.

In New York, over a half dozen races remain uncalled. While mail ballots there could favor Democrats, the GOP nominees have massive leads in seats held by Rose, Brindisi and in an open GOP-held seat on Long Island. (Even Democratic Rep. Tom Suozzi trails his Republican opponent in a race that drew little outside attention or spending, though he is likely to prevail when absentees roll in.)

Republicans were ecstatic this week. In a press call held Wednesday afternoon, National Republican Congressional Committee Chairman Tom Emmer (Minn.) mocked Democrats for their upbeat predictions and poor messaging.

“Cheri Bustos laughed in my face when I made the argument that the Democrats’ socialist agenda was going to cost them seats, during a panel that we both attended in September of 2019 in Austin, Texas — by the way where they didn’t flip a single seat,” Emmer said.

The latest DCCC memo was sent to members hours after Bustos and other top Democrats held an emotional three-hour caucus call on Thursday, where some lawmakers traded blame as they processed the string of losses — even as Democrats are increasingly likely to capture the presidency.

On the call, Bustos declared that the campaign arm would do a post-mortem in the coming weeks. No Democrats on the call directly criticized Bustos or any other Democrat about the losses, though several in the caucus have begun privately lining up to succeed her as chair. Bustos has not said whether she will run for the position again.

Rep. Tony Cárdenas (Calif.) has told members he is interested in running, and Reps. Linda Sánchez (Calif.), Marc Veasey (Texas) and Sean Patrick Maloney (N.Y.) are also in the mix, according to multiple Democratic sources.

The DCCC is facing a litany of criticism, from their spending decisions to their Latino outreach to their polling. While health care again remained a central theme in down-ballot campaigns, Democratic candidates and outside groups were yoking their GOP opponents to Trump in dozens of TV ads in districts from Texas to Illinois that the president likely ended up carrying.

Swing district Democrats — many stung by tighter-than-expected margins in their own races — say they’ve been privately sounding the alarm about the party’s anti-Trump messaging which they say hurt in areas like upstate New York, Staten Island and Miami.

Shalala, who holds a South Florida seat Trump lost by 20 points in 2016, said her polls didn’t pick up how harmful the GOP’s “socialism” attacks could be. But those tags — along with accusations that Democrats would defund the police amid widespread protests over racial injustice and police brutality — “caught on.”

“It’s not just Biden, it's the whole Democratic establishment that has to work these districts consistently,” Shalala said. “We had not been working them over a generation. It just takes a lot of work. Could we have done more? Absolutely.”

Progressive Democrats have disputed any finger-pointing from the caucus’s centrist flank about the party’s 2020 message.

Rep. Alexandria Ocasio-Cortez (D-N.Y.), a member of the progressive “squad,” argued that moderates did, in fact, steer much of the legislative agenda for the last two years — the reality of a House Democratic majority with tight margins, which are only likely to shrink in the 117th Congress.

“They were very much centered and prioritized... No one was really sounding many alarms to me about how they felt about their race,” Ocasio-Cortez said in an interview.

Ocasio-Cortez also directed some blame at the Democratic campaign arm for not listening to diverse viewpoints about how to succeed as it struggled with Latino and Black hires at the top levels.

“The Democratic party has a problem with just overwhelmingly white strategists that then export their implicit biases into macro-level national strategy,” she said. “And that is disastrous.”

The New York Democrat didn’t knock the prospects of a Latino chief next cycle, but said any leader would need to address issues that run deeper than representation.

“The problem, I think, is less, ‘Do you put a Latino person in charge?’ That's like not what's going to solve this at all,” she said. ”If this conversation is like more about names than about actual changes in strategy and policies, then it's not going to be effective.”

Laura Barrón-López and Heather Caygle contributed reporting to this report.




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Trump team eyes legal, political Hail Marys as options for comeback fade


President Donald Trump is clamoring to avoid his electoral demise, and it appears his options have nearly dwindled to none.

But with his campaign insistent that the race isn’t over, despite increasingly insurmountable hurdles, the president’s allies have begun eyeing draconian maneuvers to resuscitate his fortunes and stave off the possibility of a one-term presidency.

“Joe Biden should not wrongfully claim the office of the President. I could make that claim also,” Trump tweeted Friday evening, even after he had already made the dubious claim a day earlier. “Legal proceedings are just now beginning!”

Trump’s options are limited and extraordinarily unlikely to succeed. But here’s a look at the potential Hail Marys that Trump’s campaign is undertaking in court, as well as the even more far-fetched options his supporters have urged him to consider.

Litigate to block late-arriving mail ballots and ballot “curing”

Most of the initial wave of election-related litigation that has an actual chance of directly affecting vote counting takes aim at late-arriving absentee ballots and at a practice known as “curing,” in which voters can visit elections offices to fix problems with absentee ballots or issues related to in-person voting, such as failing to bring an ID.

A Republican congressional candidate in suburban Philadelphia filed a federal court lawsuit earlier this week over curing, but it got a skeptical reception from a judge and the candidate abruptly dropped it on Thursday. Lawyers say she will leave resolution of the issue to the Pennsylvania state courts. One state judge issued a ruling on Thursday that suggested the practice wasn’t prohibited by law, but an appeals judge on Friday ordered all such ballots segregated pending further litigation.

Litigation over late-arriving ballots faces an uphill battle for multiple reasons. The arguments are a bit stronger in places like Pennsylvania, where a three-day extension was ordered by a court rather than by the state legislature. The issue of the authority of state courts and officials to make those changes is the subject of two Republican petitions pending before the U.S. Supreme Court. The Trump campaign has moved to join in that effort, but the Supreme Court declined to act in advance of the election. Even if a majority of the justices ultimately agree with the GOP arguments there, it is far from the clear that most justices would be willing to invalidate ballots that voters mailed while believing they would be counted even if they arrived after Election Day.

There is a more remote argument some Republicans have floated, including at the Supreme Court, that under federal law only votes that come in by Election Day count. But there is a long tradition in many states of using that day as a postmark deadline and allowing some period thereafter for ballots to arrive. Excluding such ballots would also disproportionately affect voters in the military, whose ballots more frequently show up late. And most states have days or weeks to certify their vote totals.

The biggest shortcoming in these arguments may not be legal but practical: There just may not be that many ballots at stake. It’s unclear how many ballots in Pennsylvania were subject to cure, but Lt. Gov. John Fetterman, a Democrat, told CNN on Friday that he expected there to be only about 3,000 late-arriving ballots statewide.

If there aren’t enough late-arriving or cured votes to overcome Biden’s margin in Pennsylvania or elsewhere, the debate becomes an interesting one for future elections but an academic one for this year.

Seek recounts and try to throw out ballots for signature mismatches or other reasons

The Trump campaign has already indicated it plans to seek a recount in Wisconsin, where Vice President Joe Biden currently has a lead of roughly 20,000 votes. In Georgia, Biden is also ahead, but his margin of about 1,500 votes will trigger an automatic recount under state law.

In Nevada, Republicans filed a federal lawsuit on Thursday challenging an automated system that the state‘s most populous county used to match the signatures on absentee ballots to signatures on file. But after a hearing on Friday afternoon, a judge turned down the request to force the state to visually check every signature, which would have delayed the count. The Trump campaign could pursue similar efforts in other states to challenge individual ballots, but the process would be extraordinarily labor-intensive.

Historically, recounts rarely tend to move final results more than a few hundred votes. For example, in Wisconsin, former Gov. Scott Walker, a Republican, recently raised doubts about the notion that a recount could erase Trump’s deficit.

“During the past decade, a statewide recount has happened twice,” Walker said on Twitter. “Four years ago, the Presidential election results in Wisconsin went through a recount with Donald Trump picking up 131 votes. And in 2011, there was a swing of 300 votes in a Wisconsin Supreme Court race.”

Walker said a recount would be more feasible if the state’s final canvas of votes brought the tally closer or revealed errors in the process.

Enlist DOJ to intervene in legal actions

The Trump campaign and its allies are crying out for Attorney General William Barr to bring to bring the weight of the Justice Department to bear by investigating and acting on alleged irregularities in battleground states.

A law firm working for the campaign in Nevada sent a letter to Barr that asked him to investigate the voter rolls there based on what it called “criminal voter fraud” in the state. Attorney Shana Weir said the campaign had concluded that 3,062 illegal ballots were cast by voters who actually live out of state. However, the claim appeared to be based on a computer match with a postal service database of change-of-address notices.

That data isn’t reliable proof that a voter has moved out of state, since a voter may have moved and returned without canceling the change-of-address or may have forwarded their mail without giving up residence in Nevada.

A Justice Department spokeswoman did not respond to requests for comment on the letter, but among some conservative activists and pundits, anger at Barr is rising.

“It’s time to put Bill Barr’s face on the back of milk cartons and ask his neighbors how long he’s been missing,” Emerald Robinson, a Newsmax White House correspondent, wrote on Twitter.

“Where’s @TheJusticeDept???” asked Rep. Louie Gohmert (R-Texas), who tweeted a picture from Philadelphia.

Forcing election to the House

One longshot scenario that both parties prepared for was the prospect of a 269-269 Electoral College deadlock. In that scenario, the election moves to the House of Representatives for a final decision.

Although Democrats control the House, and will continue to in the next Congress, the voting process would actually give Republicans an advantage: Each state gets a single vote, decided by its delegation. Republicans control more state delegations in Congress and will continue to next year thanks to a series of pickups in tough races.

Though this scenario was pretty much put to bed by the election results, any efforts by Trump to invalidate electors or contest vote counts in swing states would be with an eye toward sending the election to the House, where his GOP allies would have the edge.

A spokesman for the House Republican leader, Rep. Kevin McCarthy (R-Calif.), did not respond to a request for comment on what the House’s role might be to help Trump salvage his election. But McCarthy made clear that he considers Trump’s campaign still viable, despite the challenging math.

“Far from over. Republicans will not back down from this battle,” McCarthy tweeted on Friday.

Rally state legislatures to appoint alternative elector slates, provoking a crisis

If Trump’s legal options fail to gain traction — and, in fact, several of his campaign’s lawsuits were summarily scrapped by state judges — his next tier of options becomes even more remote and centers on the Electoral College.

Trump converted from an Electoral College hater in 2012 to its biggest fan, when the system helped send him to the White House despite a substantial loss of the popular vote in 2016. Now, some of his staunchest allies are encouraging him to harness the untested ambiguities of the Electoral College to try to upend the results of the election.

One option to do that would be to encourage Republican-led legislatures in Pennsylvania, Michigan, Wisconsin and Georgia to appoint alternative slates of presidential electors and attempt to seat them when the Electoral College formally votes next month.

“Reminder to the Republican state legislatures, you have the final say over the choosing of electors, not any board of elections, secretary of state, governor or even court,” tweeted Mark Levin, a conservative radio and TV host whose show Trump has often touted. Levin’s tweet earned a retweet from the president’s son Donald Trump Jr.

So far, no state-level lawmakers have embraced this push, and in fact, GOP leaders in Pennsylvania have sworn off it in the past. And legal scholars say a recent Supreme Court ruling about electors makes clear they aren’t independent actors and are supposed to carry out the will of the state’s voters.

But as Trump weighs his opens, and if he decides the courts won’t help him, the Electoral College and its many tripwires may be the last of his last-ditch efforts.

By Friday afternoon, even some Trump allies and surrogates were throwing cold water on the notion of alternative elector slates.

“Deeply opposed to idea of asking state legislatures to get involved in replacing electors,” the conservative radio host Hugh Hewitt said.

“Agree,” replied former acting intelligence chief Ric Grenell, who has helped barnstorm the country on Trump’s behalf in the last weeks of the election. “We take our concerns to the courts.”

Attempt to flip Democratic electors

The weeks before and after the 2016 election featured one of the most frenetic efforts in modern history to tip the Electoral College against the Election Day But in the end, only two GOP electors bucked Trump, far short of the three dozen it would have required to block him from the Oval Office.

That effort, though, largely driven by Democrats, was built on the notion that dissension among Republicans might lead them to agree on an acceptable alternative to Trump — like Mitt Romney or John Kasich, they posited.

Any notion of mounting a similar lobbying campaign seems even more far-fetched today than it did in 2016. Biden may be seen skeptically among the Democratic Party’s progressive base, but there appears to be no will within the party to stop his ascension, let alone enough to cause dozens of Democratic electors to throw the country into crisis.

Enlist congressional allies to challenge the certification of Biden electors

Before the Electoral College tally becomes final, the vote must be certified by the newly seated Congress on Jan. 6.

If Republicans manage to hang on to the Senate — a fact that won’t be known until Jan. 5, and possibly later — Trump might be able to recruit allies in both chambers to contest electoral votes from states that he has baselessly accused of committing rampant fraud against him.

All it takes is one lawmaker’s objection each in the House and Senate to contest certain electoral votes. And those challenges are then debated and decided separately by the House and Senate.

The House, still controlled by Democrats, would be certain to reject such challenges. And Senate Republicans have given no indication they would back such an effort. But if such an objection occurred and the branches split along partisan lines, Congress would enter a constitutional gray area.

It’s unclear what happens to disputed electors if Congress deadlocks. But one school of thinking is that the contested electors are simply removed from the count, reducing the number of votes required to win the presidency.

House Democrats challenged the electoral vote count in 2000, with outgoing Vice President Al Gore, who had lost to George W. Bush, presiding over the Senate. But no senators joined the call to launch a formal deliberation. A similar scene played out in 2016, with Biden standing on the House’s rostrum.

“It is over,” Biden said to despondent Democrats.

This time, it would be Vice President Mike Pence fielding any objections that might arise from Republicans, and it remains to be seen whether he would issue a similar pronouncement.



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‘My sense is that we lost’: Trump campaign aides grapple with dwindling odds


Inside the Trump campaign’s headquarters Friday morning, a painful reality began to sink in.

As senior campaign officials huddled with attorneys to discuss President Donald Trump’s legal options with his opponent closing in on 270 electoral votes, others in the Virginia office building polished off their resumes and wondered when, if ever, their candidate might concede. The president, who currently sits at 214 Electoral College votes, has refused to accept a potential election loss and unleashed a legal offensive not seen in a presidential cycle since 2000.

But across the office, acceptance was starting to take hold.

“Barring any major cases of voter fraud or something drastic, this is over, and it’s been over for a day. Most people are aware. Some folks are taking a bit longer to accept it,” said a senior Trump campaign official. “There are a lot of people just sitting and staring at their desks."

“My sense is that we lost,” added a former Trump aide, who on election night and the days after thought the president would win. The former aide said he shared Trump's belief that pandemic-driven voting rule changes had negatively impacted his bid for reelection, but said the president no longer has a viable path to victory.

“It’s an uphill battle," this person said.

Trump's dwindling circle of believers comes at a critical moment for the president’s legacy, which his allies fear could be permanently tarnished if he presses too long with a court battle that plunges the nation into political crisis and fails to yield his desired result. Only a small number of those in the president's inner circle — namely former New York City Mayor Rudy Giuliani and advisers Corey Lewandowski and David Bossie — have adamantly encouraged Trump not to concede.

The bleak atmosphere that has taken hold inside Trump’s campaign operation reached a new level Thursday night, after the president convened a last-minute news conference from the White House briefing room to falsely insist he won the 2020 election and further amplify unsubstantiated claims of widespread voter fraud. His appearance was followed by Democratic challenger Joe Biden taking the lead in Pennsylvania and Georgia early Friday morning, putting him on a path to the presidency, as well as calls from top allies to furnish proof of legitimate voter fraud.

“If you’re going to say those things from behind the podium at the White House, it’s his right to do it, it’s his right to pursue legal action. But show us the evidence,” former New Jersey Gov. Chris Christie said Friday on ABC News. “This kind of thing, all it does is inflame without informing and we cannot permit inflammation without information.”

Christie also accused the Trump campaign of lacking a clear legal strategy or leadership as top surrogates and Republican attorneys laid out their cases in haphazard TV appearances and disorganized press conferences.

“One of the things you’re seeing here is the absence of Don McGahn,” Christie said, referring to the former White House and campaign counsel. “This race was just as close in 2016 and you never saw any mayhem because there was a legal strategy laid out.”

On Friday afternoon, Trump campaign manager Bill Stepien and senior White House adviser Jared Kushner installed Bossie, a former Trump aide and veteran GOP operative, to spearhead the president’s legal quest to review vote counts in a handful of key battleground states where he lost by thin margins or appears poised to lose. But as Bossie and other Trump aides fanned out across Nevada, Georgia, Pennsylvania and Arizona this week to unveil their legal challenges, some of the president’s closest allies privately described a protracted legal battle as an exercise in futility.

“Obviously with Georgia and Pennsylvania there is a lot of headwind against us, but at this point it’s a legal operation and we’re exhausting every available thing to us,” said one adviser to the Trump campaign.

A second adviser to the campaign suggested a court battle is unlikely “to swing things” in Trump’s favor but could form the basis of the president’s eventual concession, which Trump aides universally agree will flout tradition.

“He’s going to say, ‘They stole it from me,’ and then he’s going to go to Florida and continue to be the most influential Republican in the country,” said the second campaign adviser.



Trump’s reluctance to admit defeat, which would amount to a sign of weakness in the president’s playbook, left some of his aides concerned about the transition of power that must happen before the presidential inauguration in January and the possibility of a fruitless lame-duck session if he remains fixated on the election outcome and the fate of his campaign’s lawsuits. One of the advisers to the Trump campaign suggested that the president might refuse to meet with Biden and avoid his inauguration but was unlikely to interfere with the government transition.

“I do hope the president can abandon his focus on legal stuff long enough to engage in stimulus negotiations,” said a senior administration official. “We have an opportunity to get stuff done and it should not be drowned out by the noise Trump and his lawyers have been making.”

But the campaign’s focus on recounts and legal challenges isn’t the only distraction that could overshadow or derail a bipartisan Covid-19 relief package in a lame-duck session. With the election outcome still hanging in the balance, public frustrations and finger-pointing among Trump aides began to surface on Friday.

In a tweet, former Trump campaign manager Brad Parscale gave a backhanded compliment to Hannah Castillo, who ran the campaign’s Latino outreach program and oversaw coalition operations earlier this year. “She should get credit for an amazing job!” tweeted Parscale, who was fired in July. “Too bad she wasn’t there the last couple months.”

Shortly after, news broke that Parscale, who spoke to the president daily as chief of his campaign and has been a trusted friend of the first family, planned to join the ranks of ex-Trump aides who have cashed in with tell-all books.

Meanwhile, Donald Trump Jr. lashed out at Republicans — including rumored 2024 GOP hopefuls — who had not yet come to his father’s defense on Trump’s evidence-free claims of illegal vote counting and a rigged election. Just minutes after the younger Trump issued a scathing call for backup, former United Nations Ambassador Nikki Haley, Sen. Tom Cotton (R-Ark.) and others chimed in. In a Fox News appearance Thursday, Sen. Lindsey Graham (R-S.C.) said he would contribute $500,000 to the president’s legal defense fund to pursue challenges to vote tabulations.

There were also lingering frustrations over Fox News calling the race for Arizona on Tuesday night, as other election forecasters and media outlets held off on declaring Biden the clear winner of the traditionally red state. The president’s supporters have unleashed a torrent of criticism against the conservative news outfit since Tuesday night, when the network’s decision desk declined to reverse its early call on Arizona.

“In the court of public opinion, it looks bad and it sways a lot of the commentary,” said one adviser to the campaign. “Then you’re fighting two battles — the vote count and the court of public opinion.”

The Trump campaign has repeatedly signaled that it is preparing for a lengthy battle in the courts, even if Biden remains in the lead or crosses the 270-vote threshold, giving him the presidency. On a call with top donors — which the campaign said was its largest ever — officials said they need to raise “tens of millions” of dollars to pay for upcoming legal fees.

Anita Kumar contributed to this report.




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Thursday, November 5, 2020

Arizona election chief chides protesters who gathered outside county center


Arizona’s secretary of state on Thursday chided protesters who gathered outside of election offices in the state’s largest county, saying the armed demonstrators might be slowing down the vote tally they have been clamoring for.

In an interview with CNN, the Arizona official, Katie Hobbs, said that she hadn’t heard of any instances of election workers in Maricopa County being harmed by the protesters. But “their being there actually is causing delay and disruption and preventing employees from doing their jobs,” she noted.

The protesters who gathered outside the Maricopa elections department on Wednesday night appeared to be proponents of a baseless conspiracy theory known as “SharpieGate,” which falsely asserted that some voters in the county had been given Sharpie pens to mark their ballots, which were in turn unable to be scanned and counted.

Hobbs’ office and Hobbs herself had previously debunked the theory, assuring that ballots filled out with a Sharpie would still be able to be counted.


But the claim was swiftly adopted by President Donald Trump’s allies on social media, many of whom have raged over several outlets’ decision to project former Vice President Joe Biden as the winner there late on election night in what would be a major flip for Democrats.

Protesters outside the election office chanted criticism of Fox News, which was first to call Arizona for Biden, and demanded a recount of the state, though it is not done tallying absentee votes. In a live report on MSNBC on Wednesday night, reporter Gadi Schwartz noted that election workers had to be escorted out of the building and past the group by law enforcement officers.

Hobbs said Thursday that the county was working with local law enforcement to keep those counting ballots safe, but that she was “certainly” worried about their security.

The secretary would not give any concrete estimates for how soon the state could finish counting the rest of its absentee and provisional ballots but predicted “a much more clearer picture of where things stand” by Friday.




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Wednesday, November 4, 2020

The MAGA bullhorn shouts Trump’s baseless claims of fraud


On Tuesday afternoon, the MAGA internet was quiet at best, bitter at worst.

By Wednesday, it was crowing and chest-thumping about voter fraud and the establishment’s destruction, flooding social media with viral — and incorrect — accusations of electoral theft.

What started as a day of uncharacteristic restraint for President Donald Trump’s supporters on Tuesday quickly turned into a round of “I told you so” admonishments as it became clear Democrats would not sweep the board and that Trump had outperformed his poor standing in the polls. To them, it proved, once again, that they were right and mainstream media culture was wrong.

Then Trump walked out to the White House podium early Wednesday morning to falsely proclaim that Democrats were trying to steal the election from him. And he turbocharged his freshly energized legion of all-caps online backers.

Within hours, far-right influencers and partisan news outlets had jumped on that message, using the hashtags #VoterFraud and #StealTheVote to garner more than 300,000 interactions, including likes, comments and shares on Facebook, according to data from CrowdTangle, a social analytics firm owned by Facebook. That included Facebook pages with millions of followers promoting fake videos of Joe Biden saying the Democratic Party was carrying out an extensive voter fraud campaign.

Though internet commentary is not the real world, digital MAGA’s last-effort push will shape the GOP’s view of how to interpret the 2020 election. And as final votes are tallied, recounts requests get filed, and hordes of campaign lawyers are dispatched, the messaging has coalesced into a fourth-quarter, full-court press against the media, the Democrats and big tech.

“I think it's a bit of a contradiction,” said Seth Mandel, the executive editor of the conservative-leaning Washington Examiner magazine. “The end result shows how winnable this race was for Trump, but he doesn't have the discipline or the trust of the system to figure out how to course-correct.”

The defiance was not widely shared as people went to the polls on Tuesday.

Outside the White House fence, there was little evidence of the pro-Trump demonstrations that some far-right groups had promised. Instead, a smattering of anti-Trump protesters had taken up residence at Black Lives Matter Plaza, playing smooth jazz on electric keyboards as women danced with giant tie-dye flags — hardly the scene for a revolution.

The MAGA mood shifted, however, once the East Coast polls had closed. Trump supporters started noticing the president was ahead in Florida by several hundred thousand votes — and that none of the networks, Fox News included, were calling it. That sentiment only snowballed throughout the night, to the point that even the Trump campaign and its allies were livid at Fox for calling Arizona for Biden before other networks.

“This is election interference. Fox News must fire [politics editor] Chris Stirewalt. The Trump campaign should sue Fox News,” tweeted Benny Johnson, chief creative officer at pro-Trump youth group Turning Point USA.

Trump’s gains among certain minority groups also bolstered their belief that MAGA nationalist-populism transcended race. They pointed to the gains he made from 2016 among Cuban Americans in Miami-Dade County. He also made surprising inroads with Latinos compared to 2016.

But polling shortcomings seemed to be the theme of the night. With Democrats failing to make the Senate gains they were anticipating, Midwest states becoming nail biters rather than landslides and the House Democrats barely clinging to their 2018 majority, the wider world of conservatives boasted that another pillar of modern political media was falling apart.

The MAGA perspective interpreted the networks’ hesitance to call the election as a sign of the Democrat-media nexus at play — either because they remained blind to the electorate, or, more conspiratorially, to help Biden win.

“DO NOT concede jack shit until every LEGAL vote is counted!” tweeted Dan Bongino, a conservative commentator with millions of online followers.

Throughout the night, numerous conspiracy theories began popping up through Twitter alleging Democratic election interference. The Pennsylvania-targeted “#StopTheSteal,” for instance, became a popular meme on the right, tweeted over 13,000 times between Tuesday and Wednesday, along with queries for “voter” and “fraud,” according to analysis by social media researcher Erin Gallagher.

Elsewhere, prominent far-right figures, from fringe MAGA figures to actual Trump campaign surrogates, were raising alarms about Sharpie usage invalidating votes in Arizona — a claim debunked by the Arizona secretary of state almost immediately, but one that persisted in conservative media, regardless.

Gallagher, an independent social media analyst based out of Philadelphia, said she’d observed that anything with the worlds “steal,” “stole,” or “stealing” were vectors of disinformation on the right, and that it had trickled from MAGA internet to actual policy — citing the Arizona attorney general’s letter demanding that the state explain its Sharpie usage.

“The right wing influencers in my network graph were central to propagating the rumors that circulated yesterday and today but the @PhillyGOP account and Trump himself have been key nodes in spreading misinformation about Democrats stealing the election,” said Gallagher. “Official government accounts ‘confirming’ misinformation makes it much harder to counter.”

And repeatedly, MAGA voices were casting doubt on the legitimacy of absentee votes that were being counted overnight, with Trump himself falsely claiming that these contested states were “finding Biden votes all over the place.”

“MAGA world has almost as a raison d'être that the ‘establishment’ is corrupt, rigged, unreliable, untrustworthy,” said Mandel. “This sort of outcome is so integral to the MAGA worldview that I suspect a not-insignificant portion of the grassroots will be arguing for years that nothing needs to change from Trump's GOP because they really ‘won.’”

However, Trump’s false claims of victory went too far for some of his loyal boosters.

“No, Trump has not already won the election, and it is deeply irresponsible for him to say he has,” tweeted popular conservatie podcaster Ben Shapiro.

On Wednesday morning, liberal commentators, civil rights groups and other Biden supporters began to regain ground on social media, aiming to fact-check the incorrect voter fraud claims and telling voters that it would likely take time before a final result could be called. Yet these posts, including reminders that the outstanding mail-in ballots were likely to favor Biden, have yet to garner the same level of virality on Facebook and Twitter compared to their conservative counterparts, based on POLITICO’s review of CrowdTangle data.

And those conservative counterparts remained convinced there was a conspiracy to oust Trump, as illustrated in one particularly viral Twitter trend meant to amplify Trump’s baseless claims of electoral theft.

“Everyone must tweet what @realDonaldTrump did before getting suppressed by Twitter. Copy and paste his tweet:

Trump: "We are up BIG, but they are trying to STEAL the Election. We will never let them do it. Votes cannot be cast after the Polls are closed!”



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