Driving the Day
“While the focus is often on the national picture, our elections are run by the states. That means we need to keep shining a light on state-level efforts that undermine our democracy,” said Joanna Lydgate, the CEO of @statesunited.
https://t.co/BJxpmsGDDL— Defend Democracy Project (@DemocracyNowUS) September 26, 2023
Must Read Stories
Senator Menendez faces mounting resignation pressure amid federal bribery indictment
- Axios: Pressure grows on Bob Menendez to resign from Senate after indictment: “Sen. Bob Menendez (D-N.J.) faces growing calls to resign after being indicted on bribery charges this past week. Menendez, who was indicted alongside his wife, Nadine Menendez, has refused to resign and said he is ‘not going anywhere.’ Prosecutors are accusing Menendez and his wife of accepting ‘hundreds of thousands of dollars of bribes’ in cash, gold, lavish gifts and other expenses in exchange for using his power to benefit a trio of New Jersey businessmen, Axios’ Andrew Solender reports. The New Jersey senator, who was chair of the Senate Foreign Relations Committee before he stepped down on Friday, has faced corruption-related charges before. Senate Majority Leader Chuck Schumer (D-N.Y.) said Friday that Menendez stepping down as committee chair is temporary, ‘until the matter has been resolved.’”
- New York Times: ‘Gold’: A Word Rarely Mentioned in Menendez’s Senate Disclosure Forms: “The word ‘gold’ appears 26 times in the federal indictment unsealed Friday against Senator Robert Menendez of New Jersey along with his wife, Nadine, and three businessmen.There are details about the senator’s internet searches for the price of gold and Ms. Menendez’s trip to a jeweler to sell gold and photos of the serial numbers stamped on some of the 13 gold bars found in their home. Yet gold is rarely mentioned in the financial disclosure forms he is required to file annually as a U.S. senator, showing up for the first time last year. The three-count indictment — which charged the couple with accepting bribes in exchange for Mr. Menendez’s willingness to use his clout as a powerful Democratic senator — raises questions about the accuracy of those disclosure forms.”
- CNN: New Jersey governor calls on Sen. Menendez, a fellow Democrat, to resign: “New Jersey Gov. Phil Murphy and other top Garden State Democrats are calling on Democratic Sen. Bob Menendez to resign – a sign of how quickly the senator’s political support may erode after Friday’s shocking indictment on federal bribery charges. ‘The alleged facts are so serious that they compromise the ability of Senator Menendez to effectively represent the people of our state,’ Murphy, a Democrat, said in a statement. Murphy would appoint a senator to replace Menendez should he resign. Menendez is up for reelection in 2024. Menendez and his wife, Nadine Arslanian Menendez, are accused of accepting ‘hundreds of thousands of dollars in bribes,’ including gold, cash and a luxury vehicle in exchange for the senator’s influence.”
ProPublica report shows Supreme Court Justice Clarence Thomas participated in Koch network donor summits
- ProPublica: Clarence Thomas Secretly Participated in Koch Network Donor Events: “On Jan. 25, 2018, dozens of private jets descended on Palm Springs International Airport. Some of the richest people in the country were arriving for the annual winter donor summit of the Koch network, the political organization founded by libertarian billionaires Charles and David Koch. A long weekend of strategizing, relaxation in the California sun and high-dollar fundraising lay ahead. Just after 6 p.m., a Gulfstream G200 jet touched down on the tarmac. One of the Koch network’s most powerful allies was on board: Supreme Court Justice Clarence Thomas. During the summit, the justice went to a private dinner for the network’s donors. Thomas has attended Koch donor events at least twice over the years, according to interviews with three former network employees and one major donor. The justice was brought in to speak, staffers said, in the hopes that such access would encourage donors to continue giving. That puts Thomas in the extraordinary position of having served as a fundraising draw for a network that has brought cases before the Supreme Court, including one of the most closely watched of the upcoming term.”
- Washington Post: Justice Clarence Thomas reportedly attended Koch network donor events: “Supreme Court Justice Clarence Thomas flew on a private jet in 2018 to speak at the annual winter donor summit of the Koch network — a trip that was intended to be a fundraising draw for the influential conservative political organization with interests before the court, according to a report published Friday by ProPublica. Keeping up with politics is easy with The 5-Minute Fix Newsletter, in your inbox weekdays. At the summit, held in Palm Springs, Calif., Thomas attended a private dinner for the Koch network’s donors, ProPublica reported. According to the outlet, it was at least the second time Thomas had attended a meeting of the network founded by billionaire industrialist Charles Koch and his brother, David Koch, who died in 2019. Thomas did not disclose the 2018 trip, ProPublica reported.The revelation adds to the controversies facing Thomas and the court more broadly that have led Democrats and court transparency advocates to call for the nine justices to adopt a binding code of ethics.”
- USA Today: ‘Code of conduct:’ Elena Kagan calls for new Supreme Court rules amid Clarence Thomas flap: “Supreme Court Justice Elena Kagan says she hopes colleagues will adopt an ethics ‘code of conduct,’ while a new report details a relationship between Justice Clarence Thomas and conservative political activists. New ethics rules would ‘go far in persuading other people that we were adhering to the highest standards of conduct,’ Kagan said during a Friday speech at Notre Dame Law School. ‘I hope we can make progress.’ Kagan did not mention Thomas or any other justice by name. Her suggestion came the same day that ProPublica published another installment in a string of stories about Thomas and wealthy donors who have the potential of business before the court. The latest story concerns the Koch Brothers, philanthropists who have spent millions on behalf of various conservative causes.”
- New York Times: Clarence Thomas Twice Attended Koch Network Donor Summits: “Justice Clarence Thomas twice attended an annual donor summit organized by the conservative political network established by the billionaire industrialists Charles and David Koch, a spokeswoman for the group confirmed on Friday. The justice’s presence at the events was earlier reported by ProPublica. The spokeswoman, Gretchen Reiter, said that Justice Thomas had only attended on those two occasions. He was invited first in 2008 to promote his memoir, ‘My Grandfather’s Son,’ she said, and then to deliver remarks at a small dinner in 2018. She declined to comment on what Mr. Thomas discussed or who was in attendance.”
Escalating threats and concerns surround Trump prosecutions as former president fuels tensions with media and critics
- New York Times: As Trump Prosecutions Move Forward, Threats and Concerns Increase: “At the federal courthouse in Washington, a woman called the chambers of the judge assigned to the election interference case against former President Donald J. Trump and said that if Mr. Trump were not re-elected next year, ‘we are coming to kill you.’ At the Federal Bureau of Investigation, agents have reported concerns about harassment and threats being directed at their families amid intensifying anger among Trump supporters about what they consider to be the weaponization of the Justice Department. ‘Their children didn’t sign up for this,’ a senior F.B.I. supervisor recently testified to Congress. And the top prosecutors on the four criminal cases against Mr. Trump — two brought by the Justice Department and one each in Georgia and New York — now require round-the-clock protection.”
- Forbes: Trump Accuses Media Of ‘Treason’ In Escalation Of Social Media Threats: “Donald Trump said he would investigate media outlets like NBC News and MSNBC if he retakes the White House in 2024, according to a post on Truth Social, the social media network he founded in 2022. Trump’s comments come on the heels of extremely inflammatory rhetoric shared by the former president over the weekend, including a suggestion that Gen. Mark Milley should be executed. ‘They are almost all dishonest and corrupt, but Comcast, with its one-side and vicious coverage by NBC NEWS, and in particular MSNBC, often and correctly referred to as MSDNC (Democrat National Committee!), should be investigated for its Country Threatening Treason.’ Trump wrote Sunday on Truth Social. Trump continued in his extremely long post by insisting that NBC was making a campaign contribution to the Democrats, and informed his followers what he would do to so-called liberal media outlets if he wins the presidency in 2024. ‘I say up front, openly, and proudly, that when I WIN the Presidency of the United States, they and others of the LameStream Media will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things, and events,’ Trump continued. ‘Why should NBC, or any other of the corrupt & dishonest media companies, be entitled to use the very valuable Airwaves of the USA, FREE? They are a true threat to Democracy and are, in fact, THE ENEMY OF THE PEOPLE! The Fake News Media should pay a big price for what they have done to our once great Country!’ Trump wrote.”
- The Guardian: Republican vitriol against prosecutors may spur violence, ex-lawmakers warn: “Rising verbal attacks by Donald Trump and key political allies against a Georgia district attorney and two other prosecutors who have filed criminal charges against the former US president are endangering prosecutorial independence and might spur acts of violence, ex-federal prosecutors and ex-House Republicans warn. ‘Trump’s attacks on the federal and local prosecutors who have brought cases against him are unprecedented and extremely dangerous,’ Michael Bromwich, the former justice department inspector general, told the Guardian. As Trump has escalated his attacks on prosecutors who have charged him with 91 criminal offenses, including 17 involving his unrelenting drive to overturn his 2020 loss to Joe Biden, the congressman Jim Jordan and other Republican allies are loudly echoing his verbal assaults, and leading House investigations of key prosecutors.”
In The States
NORTH CAROLINA: State senate approves bill shifting control of the state election board to lawmakers, with the Republican supermajority to override the governor’s veto
- New York Times: In North Carolina, Republicans Seek More Control Over Elections: “Shortly before Gov. Roy Cooper, a North Carolina Democrat, began his first term in 2017, his rivals in the Republican-controlled legislature voted to strip the position of key powers, including the governor’s longstanding authority to appoint majorities to the state election board and local election boards in all 100 counties. After the state Supreme Court ruled that move illegal, the lawmakers put the idea on the ballot, but the state’s voters shot that down, too. Now, seven years after their first try, the legislators appear on the verge of getting what they have long sought. On Wednesday, the State House of Representatives followed the State Senate in passing legislation that would put the legislature in charge of all election board appointments. It would also change the number of positions on each board to split seats equally between Republican and Democratic members, eliminating the extra seat — controlled by the governor — that had served as a tiebreaker in disputes.”
- Associated Press: North Carolina legislature gives final OK to election board changes, with governor’s veto to follow: “The North Carolina General Assembly gave final approval on Friday to Republican-backed legislation that would shift control of the State Board of Elections away from the governor and give it to lawmakers as the 2024 elections get underway. With the Senate recording a party-line vote to accept a consensus GOP measure after the House completed a similar vote late Thursday night, the bill now heads to Democratic Gov. Roy Cooper. Cooper already has promised to veto it, saying it’s a GOP power play that would result in stalemates on the proposed new board, potentially limiting access to early in-person voting and giving more opportunity to the General Assembly and courts to settle contested elections. Republicans say the new structure will result in more consensus building on election matters, building voter confidence.”
- The Intercept: North Carolina GOP hides redistricting process from public records law: “In one of the most gerrymandered states in the country, GOP leaders are taking new measures to shield redistricting records from public view. The changes to public records laws first came to light when North Carolina’s Republican-controlled General Assembly released its $30 billion budget on Wednesday, following months of negotiations. The bill includes raises for state employees, cuts to income taxes, and an expanded school voucher program — as well as sneaky language that will deal a major blow to government transparency in the state. Buried deep in the 625-page budget is a provision overturning a state law that made legislators’ redistricting communications and drafting documents part of the public record once the new electoral maps became law. The repeal of that provision will go into effect in 10 days, dropping a veil of secrecy over a contentious issue that has roiled North Carolina state politics for decades.”
MISSISSIPPI: Mississippi high court blocks anti-democratic law that allowed the appointment of some judges in majority-Black capital city and county
- New York Times: In Mississippi, a Win for Jackson Residents Battling State Control: “When Mississippi’s mostly white and Republican-controlled State Legislature voted last spring to add a state-run police force and court system atop the existing ones in the state’s mostly Black, Democratic-run capital, Jackson, some residents went to court to fight what they called an assault on their right to self-government. Now the State Supreme Court has handed them a small victory, ruling unanimously that the Legislature had no authority to add four state-appointed judges to the locally elected Circuit Court that handles most of the city’s court cases. The addition of four ‘special circuit judges’ to the Hinds County Circuit Court was one aspect of much broader legislation that lawmakers called an attempt to address violent crime in Jackson, a city of 150,000. Other parts of the measure expanded the jurisdiction of a small state police force, originally set up to guard government buildings, to encompass the entire city and established a new, separate court system to serve an area encompassing most of the city’s predominantly white neighborhoods.”
WISCONSIN: Republican lawmakers circulate resolution to impeach the state’s top elections official and move to leave ERIC
- Wisconsin Public Radio: Republicans move to impeach Meagan Wolfe, one week after Senate vote against her confirmation: “Five Republican lawmakers are moving to impeach Meagan Wolfe as Wisconsin’s top election administrator, one week after the state Senate voted to fire her — a vote that is being contested in court. The GOP representatives circulated a resolution for co-sponsorship on Thursday that calls for Wolfe to be impeached from her post as administrator of the Wisconsin Elections Commission, citing ‘maladministration during her tenure’ and arguing Wolfe ‘promoted and encouraged’ illegal voting behavior. ‘This impeachment is proposed to save taxpayer funds and reaffirm the legislature’s authority to remove an administrator who has failed to adhere to existing statutes,’ the resolution states. Wolfe issued a statement in response to the impeachment effort, saying the legislators were ‘willfully’ distorting the truth.”
- Wisconsin Politics: GOP bill would remove Wisconsin from ERIC voter data group: “Two GOP lawmakers are circulating legislation that would end Wisconsin’s participation in a multi-state effort to help election officials detect illegal votes. The Electronic Registration Information Center has drawn the ire of some conservatives, as well as those who have pushed conspiracy theories about the 2020 election. In their co-sponsorship memo, State Sen. Duey Stroebel, R-Saukville, and Rep. Ty Bodden, R-Hilbert, raised concerns over what they called ‘questionable mandates imposed on members, and the potential for partisan influence over ERIC’s operations.’ That includes requiring members to increase access to voter registration for all eligible voters. So far, eight GOP-led states have left ERIC, which helps members check if voters have cast ballots in more than one state during an election. The GOP co-authors cited other concerns that have led ‘many to question whether ERIC’s architects placed more of a priority on registering voters as opposed to ensuring the accuracy of voter registration lists.’”
What Experts Are Saying
Joyce Vance on X (Twitter): “The whole point of disclosing conflicts & recusing is to maintain public confidence in key democratic institutions, like the Court. It’s clear that the integrity of the branch of gov’t he serves in is not important to Justice Thomas.”
V. James DeSimone, civil rights attorney, quoted in Salon about fake electors: “The concept of ‘contingent electors’ or ‘contingent federal electors’ is not contained in federal laws or the U.S. Constitution as it pertains to the Electoral College. Since no such role exists, they can call themselves whatever Trump wanted them to be called but, legally, their argument is dead on arrival.”
Christina Cauterucci in Slate: “It has become a cliché of the post-pandemic zeitgeist to observe that any pre- or mid-pandemic event feels like it happened just yesterday, and also a lifetime ago. But really—isn’t that the case with the 2020 election and its immediate aftermath? Even though it’s been nearly three years since an alliance of militias, fascist organizations, and white supremacists staged a violent invasion at the seat of U.S. government in order to nullify the results of a democratic election, the wound still feels fresh. That’s in part because many prison sentences are just now being handed down to the rioters, and it was only this summer that Trump incurred federal charges for his part in the attempt to overturn the 2020 election results.”
Suzanne Pritzker, AJ Durrani, Niloufar Hafizi for Democracy Docket: “Sweeping changes to the election process can have decades-long consequences for communities of color. In the first five years after Shelby County removed the VRA’s preclearance requirement, three Texas counties, including Harris County, each closed more polling locations than all but one other U.S. county: Maricopa County, Arizona. As the population of Harris County, the nation’s third largest county, increased by over 600,000 people between 2010 and 2020, polling locations also have not kept pace with the county’s growth. In 2022, the county’s 782 Election Day locations lagged all but one of its midterm and presidential general elections since 2010. Reactionary measures, such as removing the election administrator or reducing polling locations, ignore the needs of voters whom the VRA was written to protect. Positive, meaningful change takes time — and so does the political will to question single-story narratives and oppose changes that would take us backward.”
Representative Alexandria Ocasio-Cortez, on CBS’ Face the Nation: “The situation is quite unfortunate, but I do believe that it is in the best interest for Senator Menendez to resign in this moment. Consistency matters. It shouldn’t matter if it’s a Republican or a Democrat. The details in this indictment are extremely serious. They involve the nature of not just his but all of our seats in Congress
Headlines
MAGA and the Threat to 2024 Elections
Washington Post: Misinformation research is buckling under GOP legal attacks
CNN: Voting machine companies use cybersecurity stress tests to take on conspiracy theorists
Trump investigations
New York Times: 2 Looming Rulings Could Shape Trump’s Fraud Trial in New York
ABC: Past high-profile trials suggest stress and potential pitfalls for Georgia judge handling Trump case
The Hill: Trump legal cases tracker: What’s next
January 6 and the 2020 Elections
Washington Post: Republican takes Jan. 6 and Justice Dept. claims to new places
New York Times: Cassidy Hutchinson Reappears. She Has More Trump Stories to Tell.
The Hill: GOP’s Gosar suggests Milley should be ‘hung’ for Jan. 6 response
Slate: Suspicious Minds: Ray Epps was finally charged for his actions on Jan. 6. But the conspiracy theories about him aren’t going anywhere.
Business Insider: Cassidy Hutchinson said she was tempted to run away moments before her bombshell testimony at the Jan. 6 hearing
CBS 6 Albany: Albany man, who punched DC police officer, sentenced for January 6, 2021 Capitol riot
Opinion
Washington Post: The Founders were wrong to grant Supreme Court justices life tenure
New York Times: The Road From Mitt Romney to MAGA
The Hill: Why Menendez must resign
In the States
Orlando Sentinel: Federal appeals court won’t rehear fight over 2021 Florida elections law
Wisconsin State Journal: Wisconsin election officials gear up for shifting laws, misinformation heading into 2024 election
The Guardian: Historic Texas island is frontline for preserving rights of Black voters
Spectrum News 1: New York attorney general sends cease-and-desist letter to group accused of voter intimidation