Sen. Ron Wyden: Capitol riots prove we must strengthen American democracy by protecting voting rights for all

From NBC News Online:

On Jan. 6, at the behest of the outgoing president of the United States, domestic terrorists attacked the legislative branch of the government of the United States. Bombs were left apparently targeting us, gunshots rang out, Molotov cocktails were brought to the building, and five deaths resulted from the melee on the Capitol grounds. It remains unclear who — if anyone — was in command of the military when officials were pleading for help from the National Guard, which didn’t receive orders to assist for several hours. It’s a miracle that the insurrection failed, that the building didn’t burn and that many more people weren’t killed.

At 8 p.m. on Wednesday, my colleagues and I walked past shards of glass and refuse left behind by the insurrectionist mob to resume debate on the certification of Joe Biden’s victory. Some of my fellow senators said they felt that returning to the chamber and finishing the Electoral College count was a signal that America was already turning the page.

Not in my book.

In the wake of this attack, Democrats must use our majorities in Congress to pass reforms that will defend our democracy from the forces that supported, incited and fueled the riots — which means making it easier for every American to vote. Congress cannot — must not — move forward in the belief that the end of Donald Trump’s presidency means all is well in our country.

After all, what happened after police cleared the Capitol building and workers began cleaning up the wreckage and blood? Republicans walked right back into the House and Senate chambers and continued spreading the same lies about voters and voting rights that had drawn the mob to the Capitol in the first place.

Sen. Ted Cruz, R-Texas, for instance, claimed that he just wanted an election commission to study the results in Arizona and Pennsylvania — where Biden won decisive victories. Sen. Josh Hawley, R-Mo., claimed that he was just giving voice to his constituents’ concerns about election integrity by attempting to throw out the legally cast ballots of millions of Pennsylvanians. It was all nonsense.

Wednesday’s phony debate about counting the Electoral College ballots was just about two elected officials laundering a violent, fanatical conspiracy — one that had already done great harm to the country and the institution in which they serve — to further their own ambitions. It was nothing more than self-promotion and a barefaced, ham-handed attempt to delegitimize the next administration.

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Members of Trump Cabinet discussing invoking 25th Amendment

From ABC News Online:

There have been discussions among some members of Donald Trump’s Cabinet and his allies over invoking the 25th Amendment, a potential vehicle for removing the president from office, multiple sources with direct knowledge of the discussions told ABC News.

Un-American.' 'Treasonous.': North Texas leaders decry mob breach at U.S.  Capitol

It’s unclear how extensive these conversations have been or whether Vice President Mike Pence is supportive of such action. Many were horrified by Wednesday’s violence at the Capitol as well as Trump’s apparent lack of urgency in marshaling resources to stop the mob, the sources said.

Rep. Adam Kinzinger, R-Ill., on Thursday became the first Republican to publicly call for the invocation of the 25th Amendment to remove Trump from office.

The 25th Amendment, which was ratified in 1967 in the wake of President John F. Kennedy’s assassination in 1963, lays out the procedures for replacing the president in the event of death, removal, resignation or incapacitation.

“The president not only abdicated his duty to protect the American people and the people’s house, he invoked and inflamed passions that gave fuel to the insurrection we saw here,” Kinzinger said in a video posted to Twitter. “When pressed to move and denounce the violence he barely did so, while of course victimizing himself … all indications are that the president has become unmoored, not just from his duty, or even his health, but from reality itself.”

“It is for this reason that I call for the vice president and members of the cabinet to ensure that the next few weeks are safe for the American people, and that we have a sane captain of the ship,” Kinzinger said.

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Electoral Vote Count to Resume After Pro-Trump Mob Storms US Capitol

From today’s NBC News Washington:

A mob supporting President Donald Trump forced its way into the U.S. Capitol on Wednesday, surging past security barriers and delaying the constitutional process to affirm Joe Biden’s victory in the November election.

A woman died after being shot by law enforcement at the Capitol, sources told NBC News, and several officers and others were injured.

Rioters used chemical irritants on police in order to gain access to the Capitol grounds — D.C.’s acting police chief said — broke glass and waved Trump flags. 

Officials declared the U.S. Capitol complex “secure” at nearly 6 p.m. after heavily armed police moved to end a violent, nearly four-hour occupation. An announcement saying “the Capitol is secure” rang out Wednesday evening inside a secure location for officials of the House. Lawmakers applauded.

Members of Congress said they were stunned by the violence. Rep. Abigail Spanberger (D-Va.) said she had expected the day to be tense.

“Them actually entering the United States Capitol is not something anyone would have expected to see here in the United States of America. It it is a shameful and sad day for our democracy,” she said.

Rioters will be held responsible for the chaos, D.C. Mayor Muriel Bowser said.

“The behavior that we are witnessing is shameful, unpatriotic and, above all, it is unlawful,” she said at a news conference. “Anyone who has engaged in these activities, continues to engage in these activities, will be held accountable.”

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Trump pressures GA election official to ‘find’ winning votes in taped call

From today’s Los Angeles Times:

President Trump demanded that Georgia’s top election official help him “find” enough votes to overturn President-elect Joe Biden’s victory in the state, according to a phone recording made public Sunday that pointed to a brazen new chapter in the president’s attempt to overturn his election defeat.

In an hour-long phone call Saturday, reported Sunday by the Washington Post and the Atlanta Journal-Constitution, Trump cajoled, flattered and implicitly threatened Secretary of State Brad Raffensperger, marshaling elaborate conspiracy theories to support his claim that he had won a state that Biden carried by almost 12,000 votes.

Raffensperger, a Republican, rejected the president’s blunt overtures, telling him: “The data that you have is wrong,” according to the audio recording. The Journal-Constitution said the authenticity of the recording was confirmed by two people involved in the conversation.

Legal experts and some Democrats suggested the president’s actions may have violated the law. Sen. Richard J. Durbin (D-Ill.), the Senate Democratic whip, issued a strongly worded statement urging a criminal investigation, saying Trump sought to “intimidate an elected official into deliberately changing and misrepresenting” a legally counted vote. Law professors, including Stanford’s Nate Persily, tweeted out relevant sections of Georgia’s election code.

Two months after the election, and almost three weeks after the electoral college certified Biden’s victory by a 306-232 margin, Trump is backing expected challenges to the results by congressional Republicans in a joint session of Congress on Wednesday that typically is ceremonial in nature. Scores of Republican House members and at least a dozen GOP senators have signaled support for the effort, which could result in hours of debate before each chamber is expected to reject the protest.

Republican plans to contest the election have generated scorn from establishment GOP figures, including Sens. Mitt Romney of Utah and Ben Sasse of Nebraska. On Sunday, seven conservative Republican House members issued an unusual joint statement announcing their opposition to the challenge, warning that congressional action “would amount to stealing power from the people and the states.”

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Battleground states urge SCOTUS to reject Texas bid to overturn Biden’s wins

From today’s CNBC News Online:

The battleground states whose presidential election results are being challenged by Texas at the Supreme Court urged the justices on Thursday not to take up the case.

The four states targeted in the lawsuit warned in uncharacteristically sharp briefs that granting Texas’ unprecedented request would “do violence to the Constitution” and “disenfranchise millions” of voters. Those states — Pennsylvania, Michigan, Wisconsin and Georgia — have all certified their election results, with Democrat Joe Biden defeating President Donald Trump.

Nearly simultaneously, Washington, D.C., Attorney General Karl Racine filed a brief at the court on behalf of the District of Columbia and 22 states and territories defending the four states targeted by Texas. That friend-of-the-court brief was joined by California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington.

The flurry of major briefs related to the case — including Trump’s own request to intervene — demonstrated the dramatic and lingering polarization of the U.S. just weeks after one of the most contentious elections in memory.

Pennsylvania in its brief called Texas Attorney General Ken Paxton’s long-shot bid to overturn other states’ elections “legally indefensible” and “an affront to principles of constitutional democracy. Texas seeks to invalidate elections in four states for yielding results with which it disagrees,” Pennsylvania’s scathing brief read.

Dana Nessel, the attorney general of Michigan, told the court in her state’s brief to reject Texas’ case outright. “To do otherwise would make this Court the arbiter of all future national elections,” Nessel wrote.

Christopher Carr, the attorney general of Georgia, told the court that Texas was seeking to “transfer Georgia’s electoral powers to the federal judiciary.” “Respect for federalism and the constitutional design prohibits that transfer of power, but this Court should never even reach that issue,” he wrote.

The replies came one day after Trump asked the high court to let him intervene in the case. The president, who is refusing to concede to Biden, has hyped Texas’ case as “the big one” — but election law experts say there’s little if any chance the court will allow it to proceed.

So far, the justices have not taken any action in the case. Despite Trump’s frequent pleas, the court has not shown an eagerness to get involved in any litigation related to the presidential election.

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Trump’s false claims laying groundwork for new voting restrictions, experts warn

From NBC News Online:

Even before the final votes in the 2020 election were tallied, President Donald Trump sent his attorneys to court alleging voter fraud.

When it became clear that he had lost to President-elect Joe Biden, his claims — and his campaign’s court filings — accelerated. Trump attacked cities with large shares of Black voters, who had come out in force for Biden, while his lawyers baselessly alleged a global conspiracy and filed dozens of suits in six states.

The legal strategy failed in court after court — not a single incident of voter fraud has been proven in the lawsuits — but experts warn the narrative is laying the groundwork for disenfranchisement of voters across the country.

“I don’t actually think that all of this leads to a different result in January, but I am really afraid about what Donald Trump is currently doing to the country for February and beyond,” said Justin Levitt, an election law expert and professor at Loyola Law School who worked at the Department of Justice during the Obama administration.

Despite the large body of evidence that American elections are secure from both hacking and widespread voter fraud, federal and state politicians are already proposing new laws that will make it harder to vote.

“We’re already seeing trial balloons of new measures to restrict access to voting, and I expect that this false narrative of voter fraud is going to be used as an excuse in many other places to try and drive an anti-voter agenda going forward,” said Wendy Weiser, vice president of the Democracy Program at the Brennan Center for Justice at the NYU School of Law.

In Georgia, a traditionally red state that Biden flipped blue this year by more than 12,000 votes, Secretary of State Brad Raffensperger, a Republican, has proposed several major election changes, including adding a voter ID requirement to mail-in voting and making it easier to challenge a voter’s stated residency.

“Close elections sow distrust,” Raffensperger said on Nov. 20, announcing that a hand recount had shifted Biden’s margin of victory in the state but had not changed the outcome. “People feel like their side was cheated.”

A second recount followed in the state, affirming the same result. Another Republican official in his office, Gabriel Sterling, later forcefully condemned the president and other Republicans’ rhetoric around a “stolen” or “rigged” election, which he said has incited harassment of election officials and death threats.

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Georgia’s GOP senators falsely claim election fraud just to stay in power

From today’s NBC News Online:

We are a conservative and a centrist who — at various times in our careers — have served in significant federal government roles. From the time of Presidents Ronald Reagan and George H.W. Bush through today, we have seen in action how the adherence to the principles of federalism and the separation of powers has served the people of the United States as our Constitution’s framers wisely intended.

But the position of Sens. David Perdue and Kelly Loeffler, R-Ga., on federal interference in their own state’s electoral processes is unfaithful to that tradition; it is neither conservative nor effective. Georgians should demand more of their senators — and so should the people of every state where similar, spurious challenges against their electoral processes are being leveled on behalf of a failed president.

The joint statement of Perdue and Loeffler claiming mismanagement and corruption in their state’s elections reflects both bad temper and bad judgment. Their claim lacks any specificity or description of evidence of actual fraud, and was issued with a malicious, menacing tone befitting dark conspiracy theorists rather than high public officials.

And, since their initial statement, neither has provided any specific evidence of fraud. (On Thursday, Georgia finished a hand recount of ballots in the state showing Joe Biden had indeed won presidential race.)

Forced to demonstrate any possible sources of election fraud, Perdue’s cousin, Secretary of Agriculture Sonny Perdue, also made hollow, unsupported assertions of unidentified people voting twice, others engineering votes by or on behalf of those who have died, moved out of state, and yet others voting despite being ineligible convicted felons. He cited no evidence — and, in fact, there may be no such illegal voters — of any such voter fraud or any basis for believing that it could disqualify enough ballots to flip the outcome.

To make matters worse, Sens. Perdue and Loeffler used the opportunity to demonize Georgia Secretary of State Brad Raffensperger, a Republican who not only voted to re-elect President Donald Trump, but also to re-elect both of them. “I’d like our side to win,” Raffensperger said in an interview with Atlanta’s Fox affiliate Nov. 10, “but then you have to win fair and honestly.”

He added: “I want 100 percent of the people to understand that the process was fair and accurately counted.”

That is how a democracy is supposed to work; anything else, and we might as well live in Russia or China.

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Election Officials in Every Swing State Say There’s No Evidence of Voter Fraud

From today’s Newsweek:

Election officials in 49 states, including swing states crucial to the victory of Democratic President-elect Joe Biden, have all publicly stated that they’ve seen no evidence of widespread voter fraud. Their statements run contrary to the claims of the Republican National Committee (RNC) and President Donald Trump‘s re-election campaign.

Months before the election, Trump claimed he would only lose if there were widespread fraud or vote-rigging. Trump subsequently lost the election by more than 5 million popular votes and 73 electoral votes.

Biden decisively won due to 273,000 popular votes and 79 electoral votes in six swing states: Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.

Election officials and secretaries of state from those and 43 other states told The New York Times that they neither suspect nor have proof of any widespread voter fraud. The only state not to respond was Texas, where Lieutenant Governor Dan Patrick offered citizens $1 million for any evidence of fraud.

Gabriel Sterling, voting implementation manager in the Georgia Secretary of State’s office, disavowed any claims of fraud to the Times. Jake Rollow, spokesman for Michigan’s Democratic Secretary of State Jocelyn Benson, told the publication, “We have not seen any evidence of fraud or foul play in the actual administration of the election.”

Jacklin Rhoads, spokeswoman for Pennsylvania’s Democratic Attorney General Josh Shapiro, said, “No active lawsuit even alleges, and no evidence presented so far has shown, widespread problems.”

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Fox News cuts away from Kayleigh McEnany news conference after she alleges vote fraud with no evidence

From today’s Washington Post:

Fox News cut away from White House press secretary Kayleigh McEnany’s remarks at a news conference Monday evening because she claimed without evidence that Democrats were inviting fraud and illegal voting.

“There is only one party in America trying to keep observers out of the count room, and that party, my friends, is the Democrat Party,” she said, adding, “You don’t oppose an audit of the vote because you want an accurate count. … You take these positions because you are welcoming fraud and you are welcoming illegal voting.”

From the Fox News studio, anchor Neil Cavuto cut in to end Fox’s broadcast of the video feed from the Republican National Committee headquarters. “Whoa, whoa, whoa,” he said. “I just think we have to be very clear that she’s charging the other side as welcoming fraud and welcoming illegal voting. Unless she has more details to back that up, I can’t in good countenance continue showing you this.”

He continued: “I want to make sure that maybe they do have something to back that up, but that’s an explosive charge to make, that the other side is effectively rigging and cheating. If she does bring proof of that, of course we’ll take you back. So far she has started saying right at the outset — welcoming fraud, welcoming illegal voting. Not so fast.”

The decision to cut away was Cavuto’s, not an edict from Fox’s top brass, according to people familiar with the show’s decision.

Fox has occasionally cut away from McEnany briefings in the past but notably did not do so even during the lengthiest of President Trump’s coronavirus task force briefings, when Trump took the lectern and veered away from information about the pandemic and straight into political messaging.

The move Monday came amid heightened attention on Fox News, whose decision desk was the first to call the state of Arizona for former vice president Joe Biden on election night, incurring the wrath of the president. The close relationship the network has long enjoyed with the president has cooled in the weeks since Rupert Murdoch, whose family controls Fox News, started telling associates that he predicted Trump would lose the election.”

McEnany would go on to say at Monday’s news conference that Republican poll watchers were barred from observing the counting, an allegation that Fox News reporter Eric Shawn, who had been reporting from Philadelphia during the counting, refuted on air numerous times last week, including at one point showing a photograph of the view a poll watcher could see. “That’s not true,” Shawn told host Dana Perino on air about such an allegation by Trump. “That’s not true. That’s just not true.”

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Trump lies in the White House briefing room, and networks pull the plug

From today’s New York Times:

President Trump broke a two-day silence with reporters to deliver a brief statement filled with lies about the election process as workers in a handful of states continue to tabulate vote tallies in the presidential race.

The president painted the election results so far as part of a broad conspiracy to deprive him of winning a second term by Democrats, election officials in various cities and the media.

“If you count the legal votes, I easily win,” Mr. Trump said shortly after he took the podium in the White House briefing room, a false statement that cast aspersion on the rest of the election. He offered no evidence.

He then listed a series of conspiracy theories about why ballots arrived late in places. And at the same time that he insisted Democrats were figuring out how many mail-in ballots they need in order to counteract his performance in various states, the president listed off a series of Republican wins on Tuesday. He appeared not to see the cognitive dissonance in saying that other Republicans won while he lost as he outlined a plot about others harming him, and left the room without taking reporters’ questions.

The three big broadcast networks — ABC, CBS and NBC — all cut away from President Trump’s appearance as the president’s false claims about the integrity of the election mounted.

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