A week after the midterm elections, it is clearer than ever: Americans are committed to defending our democracy against threats to freedom. Across the country, at almost every level of government, Trump-endorsed election deniers lost, sending a clear message to Trump and his MAGA allies that their radical agenda is not what Americans want.
But the threat does not stop there. Every member of the Republican leadership of the 118th Congress and at least 159 members of the incoming Republican House majority are election deniers, including at least three new members who personally participated in protests at the Capitol on January 6. MAGA Republicans have made it clear that instead of solving the kitchen table issues that Americans care about, they will do everything in their power to wage a political war against President Biden and Democrats. They will continue to do whatever they can to take away the rights we all fought for on November 8th.
Here’s what you need to know for the weekend:
Main Points for the Weekend:
1. Trump-endorsed election deniers at every level across the country decisively lost their races – including some of the most noxious election deniers in the country. Americans turned out in record numbers to reject those who rejected the results of our elections and instead chose to protect our core freedoms. The 2022 election will go down in the history books as a victory for democracy.
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- Top point to make: MAGA Republicans across the country were squashed in this year’s midterm elections – a testament that Democracy prevailed.
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- If you read one thing: Arizona Republic, 11/14/22: Katie Hobbs elected Arizona’s 5th female governor, defeating election denier Kari Lake. “‘Democracy is worth the wait,’ Hobbs posted on social media before issuing a statement thanking her family, volunteers and staff for their work. ‘This was not just about an election — it was about moving this state forward and facing the challenges of our generation,’ the statement read, ending: ‘Let’s get to work.’… With Hobbs’ win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results.”
2. Donald Trump failed to appear in front of the January 6th Committee after being subpoenaed after their last public hearing. Like many of his election-denier allies, the former president is hiding from the committee to avoid being held accountable in a court of law for planning and promoting an attack on our country to overturn the results of the 2020 election.
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- Top point to make: No one is above the law, not even former presidents, members of congress, or other elected officials.
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- If you read one thing: The Hill, 11/14/22: Jan. 6 panel weighs ‘next steps’ after Trump fails to show for deposition. “‘Even though the former President initially suggested that he would testify before the committee, he has since filed a lawsuit asking the courts to protect him from giving testimony. His attorneys have made no attempt to negotiate an appearance of any sort, and his lawsuit parades out many of the same arguments that courts have rejected repeatedly over the last year,’ the two said in a statement…‘The truth is that Donald Trump, like several of his closest allies, is hiding from the Select Committee’s investigation and refusing to do what more than a thousand other witnesses have done,’ they added. ‘In the days ahead, the committee will evaluate next steps in the litigation and regarding the former president’s noncompliance,’ Thompson and Cheney wrote… The Justice Department, however, has two ongoing investigations involving Trump, one probing Jan. 6 and the other his role in mishandling national security information by transporting government records to Mar-a-Lago.”
3. Every member of the Republican leadership of the 118th Congress and at least 159 members of the incoming Republican House majority are election deniers. This includes at least three new members who personally participated in protests at the Capitol on January 6.
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- Top point to make: This MAGA Majority will follow the Trump playbook and try to shut down investigations that are following the facts to get the truth about the attack on January 6th.
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- If you read one thing: Washington Post, 11/15/22: They rallied in D.C. on Jan. 6. Now they’ll join Congress. “While the Republican Party suffered surprising losses in the midterms, including defeats of many who bought into Trump’s false election claims, the arrival of freshman lawmakers who had come to Washington as pro-Trump activists on that violent day underscores the extent to which the House Republican caucus remains a haven for election deniers. As of Saturday, at least 150 election deniers were projected to win House races, compared with the 139 who voted against certifying President Biden’s election on Jan. 6, 2021… ‘There’s a whole lot of folks in Congress, not just people who are coming,’ who bear responsibility for not holding Trump accountable, he said. That, in turn, led to Republicans underperforming in this year’s midterm elections, he said.”
Expert voices
Brendan Nyhan, a Dartmouth political scientist and co-founder of Bright Line Watch: “‘Democracy depends on losers acknowledging the legitimacy of their defeat,’ said Brendan Nyhan, a Dartmouth political scientist who co-founded Bright Line Watch, a watchdog group that monitors the status of American democracy. ‘Donald Trump and the denialism that has spread through the GOP have shredded that norm. That’s why it’s heartening to see candidates conceding — we need to celebrate these acts of grace.’” NBC News
Larry Diamond, senior fellow at the Hoover Institution and the Freeman Spogli Institute for International Studies: “Diamond reiterated risks to the state of American democracy due to denial of election results. ‘Many of these people are going to be in positions that could determine the outcome of an election and a state could subvert the outcome of an election,’ Diamond said. He further emphasized the importance of the midterm elections to the country’s democracy. In many states, ‘democracy was on the ballot,’ Diamond said. ‘It’s very important to be vigilant about the defense of the democratic process of free and fair elections.’” The Stanford Daily
Daniel Schlozman, political scientist at Johns Hopkins University: “American democracy was in a parlous state [Tuesday], and it remains in a parlous state today. We are skirting against the democratic guardrails. The distinguished political scientist Adam Przeworski defines democracy as ‘a system in which parties lose elections.’ The willingness of the Republican Party to lose elections—in particular the certification of the vote for 2024—remains a source of great concern. In terms of immediate threats to the next presidential election, I think some concerns have eased with the midterms. But democracy depends on players accepting the rules of the game, and it depends especially on conservative parties accepting the rules of the game. And so there is no viable alternative to building a different kind of Republican Party than the one that has evolved over this last generation. Building that alternative takes a lot more than particular candidates winning or losing the midterms. It’s a long-term effort, one that we just may look back and say began yesterday, but it will be playing out through the 2020s and beyond.” JH Hub Q&A
Thania Sanchez, Senior Vice President of Research and Policy Development at States United Action: “When you break the results down by incumbents vs. new candidates, it’s apparent that this year’s midterm was a referendum on the Election Denial movement. So far, new Election Denier candidates have only won around 5 percent of all races for statewide office. And there aren’t enough uncalled races left for that trend to shift much. That means that voters in an overwhelming majority of races do not want a new Election Denier in office.” As of 1 p.m. ET on November 10, 2022 | States United Action: THURSDAY UPDATE: In About 95% of Statewide Races Called So Far, Election Denialism Failed to Gain New Ground
Norman Eisen, an author of a new Brookings Institution report (other authors: Donald Ayer, Noah Bookbinder, Gwen Keyes Fleming, Colby Galliher, Joshua Matz, Debra Perlin, and Jason Powell) and House Judiciary Committee co-counsel during Donald Trump’s first impeachment: “‘We are no longer a democracy if an ex-president can get away with conduct that would lead anyone else to be charged.’ While Eisen notes that there might be some exonerating evidence that has yet to come to light, he adds ‘what [evidence] is known is so strong that charges against Trump are likely.’…The report is a sobering reminder of the extent to which a would-be authoritarian would go to retain power illegally. As Eisen tells me, ‘election denial is a danger to the republic, and unless the election denier-in-chief is charged for his past conduct that appears to have crossed the line to criminality, the threat will persist.’” WaPo’s Jennifer Rubin Column | Brookings Report: Fulton County, Georgia’s Trump Investigation
Jeffrey C. Isaac, James H. Rudy Professor of Political Science at Indiana University, Bloomington: “American democracy was not upended by the election. And supporters of democracy can take heart from their successes in the fight against Republican authoritarianism and election denialism. But the successes ought not to be exaggerated. American democracy is still under assault, and this week’s election results, while not as horrible as many feared, are still in some ways very horrible. The decisive Gubernatorial victories of Ron DeSantis in Florida and Greg Abbott in Texas keep two seriously reactionary politicians with national ambition in control of two of the largest and most important states in the country. Kari Lake remains in contention in Arizona, where the votes are still being counted, and it is likely that she will wage a ‘Stop the Steal’ campaign if Democrat Katie Hobbs is declared the winner.” Common Dreams
Renato Mariotti, former federal prosecutor: “The Fulton County case remains the most likely source of an indictment of Trump, although the Mar-a-Lago document case is more likely to result in a conviction if DOJ indicts Trump.” Tweet
Frank Figliuzzi, former FBI Assistant Director for Counterintelligence, re: Donald Trump’s January 6 Committee subpoena lawsuit (MSNBC Video): “‘There are other ways of getting their hands on this data, but it’s another example of Trump essentially thumbing his nose at the rule of law,’ Figliuzzi explains. ‘The committee and of course the DOJ can go, and probably already have, to the carriers individually, all the platforms and say we need what you have, and my bet is they’ve done that.’” MSNBC | Tweet
Dennis Aftergut, a former assistant U.S. attorney: “For all the merit of those explanations, though, they pale in comparison to another: [Donald Trump] is scared witless at the possibility of prosecution. It seems likely that indictments are on their way from Fulton County, Georgia, District Attorney Fani Willis (over Trump’s interference in the 2020 election in Georgia) and from Attorney General Merrick Garland (over Trump’s purloined national security secrets taken to Mar-a-Lago).” The Bulwark (Opinion): The Real Reason Trump Runs
Norm Eisen, a senior fellow at the Brookings Institution who served as counsel to the House Judiciary Committee in Trump’s first impeachment: “‘To the extent it is an effort to manipulate the system,’ Eisen said of Trump’s expected announcement on Tuesday, ‘’obviously prosecutors can’t allow potential defendants to game the criminal investigative process the workings of a grand jury or charging decisions in that way.’” Grid News
Debra Perlin, policy director for Citizens for Responsibility and Ethics in Washington (CREW): “Regardless of Donald Trump’s timing of making an announcement, it shouldn’t affect the prosecution when the entire investigation has been thorough, has been fair and has really been showing that the [Justice] Department can handle things that are political in nature[.]” Grid News
Ryan Goodman, Anne and Joel Ehrenkranz Professor of Law at New York University School of Law: “said the Justice Department’s policy regarding election-related sensitivities would not apply this far in advance of the 2024 presidential election. The only open question for the Department of Justice, he said, would be about the appointment of a special counsel. ‘Attorney General Garland will have to consider whether it’s actually in the public interest to appoint a special counsel,’ Goodman said. ‘If that, in fact, does mean slowing down the process unnecessarily, I think it would be right to conclude that there’s no need for it.’” Grid News
Joyce Vance, former US attorney: “Sounds like Fani Willis will convene a regular grand jury to seek indictments based on the work of her special grand jury.” Tweet
Liz Hempowicz, David Janovsky, and Norman L. Eisen: “The disqualification clause contained in Section 3 of the 14th Amendment provides that public office holders who have taken an oath to support the U.S. Constitution and then engage in insurrection or rebellion against the United States, or who give aid or comfort to enemies of the United States, are barred from serving ever again in public office. In this essay and an accompanying report, we build on the established collective understanding to analyze contemporary enforcement of the disqualification clause. Our analysis describes how the disqualification clause can currently be enforced.” Just Security Essay: Roadmap to Accountability: How the Jan. 6 Committee Can Help Enforce the 14th Amendment | POGO Report: The Constitution’s Disqualification Clause Can Be Enforced Today
Harry Litman, former US attorney: “You could pare the entire Fulton County case against Trump down to two witnesses. Raffensberger on the call w/ Trump’s saying he just wants 11780 votes and Hutchinson w/ Trump’s admissions he knows he lost. What reasonable doubt remains after that? And Raffensberger just has to authenticate (testify it’s legit) the audio tape of the call, which nails Trump completely on its own!” Tweets
Norm Eisen, a Brookings Institute Senior Fellow and counsel in Trump’s first impeachment trial: “‘Trump’s audio tape demanding Brad Raffensperger to find 11,780 votes that did not exist, is a smoking gun. So are the false electoral certificates,’ said Norm Eisen, a Brookings Institute Senior Fellow and counsel in Trump’s first impeachment trial. ‘The door is going to be slammed on him in court, as it has been over and over again already. The law and facts are not on his side and we believe he will likely be charged.’” Georgia Recorder
Joyce Vance, former US attorney, re: VP Mike Pence saying Congress has no right to his January 6 testimony: “The American people do. They have a right to have a VP live up to his oath of office, to serve them, to protect our laws & our Constitution. And, if he can put it in a book, he can testify to it.” Tweet
