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Defend Our Country Digest

Defend Our Country Digest — December 7, 2023

By December 7, 2023No Comments

Driving the Day

Must Read Stories

Nevada GOP “fake electors” indicted for fraudulently claiming Trump’s victory in 2020 Election

  • Nevada Independent: Nevada GOP ‘fake electors’ indicted for falsely claiming Trump won state’s 2020 election: “A Nevada grand jury has indicted the six Republicans — including the chair of the Nevada Republican Party — who falsely pledged Nevada’s electoral votes to Donald Trump following the 2020 election despite President Joe Biden’s victory in the state. Attorney General Aaron Ford, a Democrat, announced the indictments Wednesday of state party chair Michael McDonald, national committeeman Jim DeGraffenreid, Clark County Republican Party chair Jesse Law (who announced plans to run for state Assembly on Wednesday), state party vice chair Jim Hindle III, Shawn Meehan and Eileen Rice.“

  • Washington Post: Pro-Trump electors indicted in Nevada, the third state to issue charges: “In all, Trump electors met in seven states that Biden had won that year, with investigations into electors also underway in Arizona and New Mexico. The electors sent official-looking, signed documents to the Senate and National Archives, and Trump’s allies used them to try to prevent the certification of the election on Jan. 6, 2021, before and after Trump supporters attacked the U.S. Capitol that day. So far, the Nevada grand jury, as in Michigan, has limited its charges to the electors themselves, although it’s unknown if additional charges are possible.”

Georgia case updates: Mike Pence listed as a witness, congressional scrutiny intensifies, and DA counters election interference claims

  • CNN: Georgia prosecutors put Mike Pence on their witness list in 2020 election subversion case against Trump: “Prosecutors in the Georgia election subversion case against former President Donald Trump have officially listed former Vice President Mike Pence as one of the witnesses who could be called to testify at trial, according to multiple sources familiar with court documents that remain under seal. Pence, who has appeared before a federal grand jury as part of special counsel Jack Smith’s probe into Trump’s efforts to overturn the 2020 election, has not been considered a major part of criminal proceedings in Georgia. Witness lists submitted by Fulton County prosecutors have not been made public and remain tightly held. Sources told CNN that the most recent version of the witness list, which was produced by prosecutors just days ago, included upward of 150 names. Among them is Pence.”

  • The Hill: Jordan seeks records from Willis after her outreach to Jan. 6 committee: “House Judiciary Republicans are accusing Fulton County District Attorney Fani Willis (D) of ‘colluding’ with the House committee that investigated the Jan. 6, 2021, attack, saying she asked the panel to share evidence with her — evidently making a similar request to one long ago made by the Justice Department. The accusation comes after Chair Jim Jordan (R-Ohio) kicked off a probe determined to find any coordination among the suite of prosecutors investigating former President Trump — conduct not addressed in his Tuesday letter.”

  • CNN: Georgia prosecutor dismisses Trump attorney’s claim that proposed August trial date amounts to election interference: “Fulton County District Attorney Fani Willis, who is spearheading the Georgia election subversion case against former President Donald Trump and his allies, said it was ‘ridiculous’ to claim that holding a trial in August would amount to ‘election interference,’ as Trump’s attorney did. Trump’s attorney Steve Sadow argued last week during a pretrial hearing that if Trump wins the 2024 election, his trial in Fulton County should not move forward until he has left office. Georgia prosecutors pushed back in court on Sadow’s assertion that holding a trial in August would amount to ‘election interference,’ saying they had no intention of ‘getting involved’ in the presidential election.”

Federal prosecutors accuse Trump of inciting Jan. 6 violence, citing pattern of lies and threats

  • Washington Post: Special counsel alleges Trump ‘sent’ supporters on path to Jan. 6 violence: “Federal prosecutors on Tuesday accused former president Donald Trump of a long pattern of lying about elections and encouraging violence, saying he “sent” supporters to the U.S. Capitol on Jan. 6, 2021, to criminally block the election results. In a new court filing, prosecutors working for special counsel Jack Smith went further than they did in their August indictment in attempting to tie Trump to the riot. They said that at Trump’s criminal trial in Washington, currently scheduled for early March, they intend to introduce evidence of his acts before the November 2020 presidential election, and his subsequent alleged threats, to establish his motive, intent and preparation for attempting to subvert Joe Biden’s legitimate election victory.”

  • New York Times: Prosecutors Intend to Show Long Pattern of Threats and Baseless Claims by Trump: “When former President Donald J. Trump goes on trial on charges of plotting to overturn the 2020 election, federal prosecutors intend to tell a sweeping story, informing the jury about everything from his support for the far-right Proud Boys to his decade-long history of making baseless claims about election fraud, according to court papers unsealed on Tuesday. The prosecutors said in the papers that they also planned to offer evidence about how Mr. Trump and his allies had threatened his adversaries over the years and encouraged violence against them. And they indicated that they intended to tie Mr. Trump more closely to the violence that erupted at the Capitol on Jan. 6, 2021, than the indictment in the case initially suggested.”

  • Michigan Advance: Trump and supporters encouraged violence in Detroit to try and subvert the 2020 election: “Special Counsel Jack Smith submitted the government’s plans to introduce evidence to outline the actions taken by former President Donald Trump and his supporters to violently and criminally undermine the 2020 election process and attempt to keep Trump in office ‘at any cost,’ referencing a protest at Detroit’s TCF Center on election day. The court filing submitted Tuesday is part of the case against Trump for his role in the Jan. 6, 2021, attack on the U.S. Capitol to illustrate a history of actions where he embraced violent outcomes that speak to his intentions in inspiring the attack, Smith wrote. The prosecution said in the filing that it plans to showcase many public statements made by Trump ahead of the 2020 election, including knowingly and falsely saying there would be fraud, in an attempt to stay in power through deceit.”

  • NBC: Federal prosecutors reveal evidence they want to use against Trump — his own words: “Special counsel Jack Smith plans to use former President Donald Trump’s own words against him in the upcoming federal election interference trial, according to a new court filing. Prosecutors said in Tuesday’s filing that they want to focus on Trump’s long history of calling election results ‘fraud’ when the results don’t suit him, as well as his vocal support for violent Jan. 6 rioters. In addition to a lengthy list of Trump’s public statements over the past decade, the nine-page filing from Smith’s office refers to an incident involving an unidentified Trump campaign employee who allegedly tried to obstruct the 2020 vote count in the battleground state of Michigan, which Trump won in 2016, after the tally began to swing Joe Biden’s way.”

  • Politico: Jack Smith wants to tell jury about Trump’s earlier attempts to sow doubt about elections: “Smith is seeking permission from U.S. District Judge Tanya Chutkan to introduce evidence that isn’t specifically charged in the criminal indictment but may be relevant to the jury’s consideration of the alleged crimes. These details, known as 404(b) evidence, are commonly introduced in criminal matters to aid the jury’s ability to consider a defendant’s intent or motive based on uncharged ‘bad acts.’ In this case, Smith says the evidence will help jurors assess Trump’s intent during the frenzied weeks before the Jan. 6 attack on the Capitol, as he sought to subvert the election.”

In The States

WISCONSIN: Fake Donald Trump electors settle civil lawsuit in Wisconsin, agree that President Biden won; Republican state lawmakers advance bill to abolish bipartisan Wisconsin Elections Commission

  • Washington Post: Wisconsin Trump electors settle lawsuit, agree Biden won in 2020: “In a legal settlement Wednesday, the 10 Republicans who signed official-looking paperwork falsely purporting Donald Trump won Wisconsin in 2020 have agreed to withdraw their inaccurate filings, acknowledge Joe Biden won the presidency and not serve as presidential electors in 2024 or in any election where Trump is on the ballot. Wednesday’s civil settlement marks the first time pro-Trump electors have agreed to revoke their false filings and not repeat their actions in the next presidential election. It comes as Republicans in two other states face criminal charges for falsely claiming to be presidential electors, and investigations are underway in three additional states.”
  • Wisconsin State Journal: Fake electors in Wisconsin disavow statement, affirm Biden won and won’t act as Trump electors again: “The 10 Republicans who signed paperwork purporting that Donald Trump won the 2020 Wisconsin presidential election agreed to settle a lawsuit Wednesday, admitting that their votes were used in an attempt to overturn the results of the election. Law firm Law Forward announced Wednesday the electors had agreed to a settlement in the case, which includes a public statement from the 10 Republicans acknowledging the paperwork they signed was ‘used as part of an attempt to improperly overturn the 2020 presidential election results.’ Law Forward officials say the settlement is ‘the first of its kind in the nation, using civil law to redress the defendants’ unlawful actions, including by falsely assuming the office of presidential electors for the State of Wisconsin.’”
  • Milwaukee Journal Sentinel: GOP lawmakers propose abolishing Wisconsin Elections Commission, giving duties to secretary of state: “A group of Republican lawmakers is proposing to dissolve the state’s bipartisan elections commission five months before the 2024 presidential election, handing the duties to the secretary of state’s office with ov;ersight by the GOP-controlled state Legislature. The proposal released requires Secretary of State Sarah Godlewski, a Democrat, to take over election administration duties from the commission by June 30 and bars her from taking any action without the approval of the GOP-controlled legislative committees overseeing election issues. Scott Krug, chairman of the Assembly elections committee, said he would consider holding a hearing on the proposal but had not yet read the legislation closely as of Monday evening.”

GEORGIA: Gerrymandered congressional maps are passed by the state Senate, now moves to the House for approval ahead of Dec. 8 deadline

  • The Hill: Georgia advances congressional maps in favor of GOP despite concerns over law: “Republican lawmakers in Georgia pushed forward Tuesday with a congressional map proposal that keeps a 9-5 Republican majority for House seats, which Democrats claim violates a federal court order. The map, introduced Friday, will split Rep. Lucy McBath’s (D-Ga.) northeast Atlanta district and create a new west Atlanta district to follow a court order after a judge ruled the state’s congressional boundaries violated the Voting Rights Act. The proposal passed the state Senate on Tuesday in a 32-22 vote and will now advance to further debate in the state House. New map proposals also change district boundaries for both bodies of the state Legislature.”
  • Associated Press: In GOP’s proposed Georgia congressional map, a key question is which voters are legally protected: “A push by Georgia Republicans to maintain their congressional majority is likely to come down to a decades-old legal question that has never been settled by the U.S. Supreme Court — does federal law protect voting districts where a coalition of nonwhite voters hold sway? The question was a key part of debate Monday as a Senate committee voted 7-4 along party lines to advance the proposed congressional map. It could be debated Tuesday before the full state Senate. Republicans pushing redistricting plans in Georgia say such districts aren’t protected by the federal Voting Rights Act. Thus, they say it’s legal for them to target a district now represented by Democratic U.S. Rep Lucy McBath for a drastic transformation, even as they draw a new Black-majority district elsewhere in metro Atlanta.”

NEVADA: RNC letter to Nevada Secretary of State alleges inconsistencies in the state’s voter registration numbers, says it will sue if not addressed

  • Las Vegas Review-Journal: RNC alleges inconsistencies in Nevada’s voter rolls, threatens lawsuit: “The Republican National Committee sent a letter Monday to Nevada Secretary of State Cisco Aguilar, alleging inconsistencies in the state’s voter registration numbers. The organization is demanding the secretary of state address its concerns, or else it will proceed with a lawsuit. The RNC alleges three Nevada counties — Douglas, Lyon and Storey — have more registered voters than adult citizens over 18, and that five other counties — Carson City, Churchill, Clark, Eureka and Washoe — have ‘suspiciously high rates’ of registered voters. In the letter, which was provided to the Las Vegas Review-Journal, the RNC alleges Nevada is in violation of the National Voter Registration Act, which requires each state to maintain accurate and current lists of registered voters.”

What Experts Are Saying

Norm Eisen and Joshua Kolb, on Judge Tanya Chutkan opinion rejecting presidential immunity in criminal cases, for MSNBC: “District Judge Tanya Chutkan issued a sweeping and powerful opinion rejecting absolute presidential immunity in the criminal case. She ruled that ‘former Presidents do not possess absolute federal criminal immunity for any acts committed while in office,’ and thus that Trump ‘may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.’ Chutkan’s landmark ruling was the first time a court had ever been presented with the question of presidential criminal immunity — since no other current or former president before Trump had ever been indicted. Faced with this novel and momentous issue, the judge outlined how the text, structure and history of the Constitution, along with the nation’s history and democratic principles, does not support the concept of presidential criminal immunity.”

Amanda Marcotte for Salon, on disturbing allegations against the Texas Republican Party: “This entire situation started in October when it was revealed that Jonathan Stickland, a former state representative and current leader of the Defend Texas Liberty PAC, held a 7-hour meeting with some of the most repugnant people in American society, including Nick Fuentes, a loudmouthed Hitler apologist who has called for ‘holy war;’ on Jews and declared, ‘all I want is revenge against my enemies and a total Aryan victory.’ Matt Rinaldi, the chair of the Republican Party of Texas, was also seen entering the building during this time but denies being at the meeting, despite being an outspoken ally of Stickland and his far-right agenda. The discovery of this meeting with Fuentes, who denies the history of the Holocaust and has declared it a ‘good thing’ to be compared to Hitler, caused an uproar at the Texas Capitol… Texas House Speaker Dade Phelan declared that this was no ‘casual misstep’ but a sign ‘of the moral, political rot that has been festering in a certain segment of our party.’”

Andrew Weissman, about the jury selection process starting for the Trump election subversion case, on X (Twitter): “By starting the jury selection process now, Judge Chutkan is both assuring a prompt start of the 3/4 trial AND putting as much pressure on the appellate courts (DC and SCOTUS) not to stand in the way of delaying that trial date.”

Marc Elias, on Trump’s attacks on the press and voting rights, for Democracy Docket: “Since his power comes from a bottomless capacity to lie, he has contempt for the free press, which he calls the ‘enemy of the people.’ He recently suggested that the government should censor or shut down media platforms he dislikes. His most brazen attacks on democracy manifested in the aftermath of 2020. Since his loss to President Joe Biden, Trump has advocated for discarding lawful ballots, tampering with election certification and throwing out entire states’ results.”

Allison Mollenkamp, on election disinformation, for Just Security: “Many of the difficulties faced by election administrators were brought on by a flood of disinformation from Trump and his allies. That onslaught started even before votes were cast in 2020, with attacks on the shift towards mail voting, an option that was expanded dramatically during the COVID-19 pandemic. The disinformation blitz continued in the period between election day on Nov. 3, 2020, and Joe Biden being declared the president-elect on Nov. 7, 2020, as Trump and his camp inflamed supporters with false claims that he had won the election. The unrelenting verbal and legal assaults on the election crescendoed with the Jan. 6, 2021, attack on the U.S. Capitol. Despite the prosecution of many of the Jan. 6 rioters, the lies have persisted in conspiracy spaces throughout the past three years.”

Headlines

Extremism

Salon: New research spotlights the old-fashioned hate propelling MAGA

The Atlantic: A New Era of Open Defiance

Trump investigations and cases

Washington Post: What to know about Donald Trump’s gag orders in D.C. and New York

ABC: Trump confirms he’ll testify Monday

The Guardian: Eric Trump will not testify at fraud trial after father claims he told him not to

January 6 and the 2020 Elections

NBC: Speaker Mike Johnson says he’s blurring Jan. 6 footage so rioters don’t get charged

CBS: Harford County man arrested for role during Jan. 6 U.S. Capitol breach

Opinion

The Hill: Genevieve Kanter: Self-regulation doesn’t work — even for Supreme Court justices

Newsweek: Mary Anna Mancuso: Blocking Legal Proceedings Against Trump Would Damage Democracy

The Hill: Janai Nelson: Victims and advocates deserve a right to fight through the Voting Rights Act

In the States

CNN: Lawsuit seeks to block North Carolina congressional map, alleging it discriminates against minority voters

Politico: The slow dismantling of the Voting Rights Act

Tennessee Lookout: Senate and House redistricting rulings challenged at Supreme Court level

CBS Miami: Florida’s redistricting fight continues in federal court