Archives for category: Elections

John Thompson, retired teacher in Oklahoma, knows who Cleta Mitchell is. Her career began in Oklahoma.

Cleta Mitchell sat alongside Trump and Mark Meadows as they made the now famous phone call to Georgia election officials to try to persuade or bully them into “finding” enough votes to reverse the election results in that state. Georgia law enforcement officials are now considering filing criminal charges against Trump for his encouragement of election fraud in that call.

Cleta Mitchell’s law firm, Foley & Lardner, questioned her role in prodding Georgia election officials to “find” enough votes to overturn the result of the state’s election. She “resigned” from the firm. She embarrassed the firm by encouraging Trump’s efforts to undermine the rule of law and the Constitution. I am happy to report that I was one of what must have been many who expressed those views on the firm’s website.

John Thompson writes:

Who is Cleta Mitchell, “a prominent GOP attorney,” who participated in the already infamous telephone call where President Donald Trump pressured Georgia Secretary of State Brad Raffensperger “to ‘find’ enough votes to overturn his defeat” in the November presidential election? The Washington Post reports that this “extraordinary one-hour phone call” is described by legal scholars “as a flagrant abuse of power and a potential criminal act.”

Mitchell, the former Oklahoma liberal, subsequently justified the call saying Raffensperger’s office:

Has made many statements over the past two months that are simply not correct and everyone involved with the efforts on behalf of the President’s election challenge has said the same thing: show us your records on which you rely to make these statements that our numbers are wrong.

How is it that the previously respected Cleta Deatherage came to participate in the effort to use “debunked conspiracy theories” to overthrow the results of a clearly legal election? What did Cleta Mitchell think when Trump demanded, “I just want to find 11,780 votes?”

Mitchell had been a well-liked, respected state representative, who became the “first woman in the U.S. to chair a state appropriations and budget committee.” But she said that she realized that professional politicians are “like noncustodial parents in a divorce” who “don’t really know” regular citizens who shop at grocery stores.

I wonder what Mitchell would say about how well this week’s fiasco, merely the latest in the Trump experiment where amateurs and zealots replace professionals, is turning out?   

The Atlantic’s Jonathan Krohn suggested an alternative explanation of how an advocate for the Equal Rights Amendment joined with conservative organizations to advance a rightwing agenda. Her allies include, Americans Back in Charge, the Bradley Foundation, the National Rifle Association, the American Conservative Union, the Republican National Lawyers Association, as well as Stephen Bannon’s Citizens of the American Republic, Krohn recalls Mitchell’s effort to expel GOProud, a gay rights group, from the Conservative Political Action Conference. He said her efforts “led GOProud’s Chris Barron to once call her “a nasty bigot,” and [Executive Director Jimmy] LaSalvia to accuse her of “personal animosity towards gay people.”

Krohn explains that Mitchell’s actions are “ironic” because her first husband was gay. They divorced in 1982. Her former husband, Duane Draper, later directed the Massachusetts AIDS policy office, and died of AIDS.

Krohn also recalls Deatherage’s 1984 marriage to Oklahoma City banker Dale Mitchell.  He then reports:

In late 1992, he (Mitchell) was convicted of five felony counts of conspiracy to defraud, misapplying bank funds and making false statements to banks and ordered to pay $3 million in restitution–something that his wife says convinced her that government had grown too big.The New Yorker’s Jane Mayer also wrote about Cleta Mitchell’s transformation. She quoted Mitchell’s claim that her husband “is the most honest person I’ve ever known.” His conviction convinced her that “overreaching government regulation is one of the great scandals of our time.”

Near the beginning of Mitchell’s post-Oklahoma career, she campaigned for term limits for legislators. She eventually developed a “stepmother theory of government.  “Citizen Legislators” would replace politicians; her vision would be “Why not take turns in office like jury duty.” 

If that sounds weird, however, wait until Mitchell’s allies more publicly reveal the next step toward undermining representative government.

Mitchell explained that she changed after her pastor warned of the “perils of struggling all one’s life to succeed at what in the end could turn out to be an unworthy pursuit.”

But, Mayer ended her article on how Mitchell became an “outsider” with the lesson, “appealing to the discontent of those outside the system may be the surest path to becoming an important player inside it.”

Since Mayer’s 1996 article, Mitchell’s allies at the American Legislative Exchange Council (ALEC) have devised a plan that is the antithesis of her previous “Citizen Legislators” approach, and is even more disconnected from reality. Documented’s Jamie Corey reveals that nearly a year ago, Mitchell was one of three attorneys working with ALEC on a path that “legislators can take to question the validity of an election.”  It seems impossible to reconcile that tactic with Mitchell’s faith in the people, as opposed to their representatives. And the next ALEC move is even more incomprehensible, unless the goal is to attack American democracy on all fronts.

The Huffington Post’s Mary Papenfuss, in an article about Mitchell entitled Attorney on Trump’s Georgia Call Works with Group Aiming to Eliminate Senate Elections, reports that ALEC is trying to persuade legislatures to the repeal of the 17th Amendment. U.S. Senators would then be chosen by legislators not the voters! 

Getting back to The Atlantic piece on Mitchell, Krohn concludes, “Mitchell herself, ironically, offers a clear model of how people can change.” And while on the subject of changing a person’s mind, Law and Crime now cites the McClatchy report that Mitchell (who had worked for the NRA) “‘had concerns about [the NRA’s] ties to Russia’” and the NRA’s ‘”possible involvement in channeling Russian funds into the 2016 elections to help Donald Trump.’” But, I wonder what Mitchell was thinking when she  dismissed the report as a “complete fabrication.” 

Similarly, as reported by Slate, Mitchell was caught on tape telling a closed door ALEC panel on gerrymandering, “My advice to you is: If you don’t want it [notes from the panel] turned over in discovery, you probably ought to get rid of it before you go home.” Don’t such words raise questions about how she could respect voters over her allies who disenfranchise them?

Above all, I wonder what Mitchell thought when, as Law and Crime explains, the January 2 Trump phone call was “completely undermining Mitchell’s attempts to discuss the matters he raised.” And now, her law firm, Foley & Lardner is distancing itself from Mitchell,So, is it possible that the Cleta Mitchell – who is helping Trump undermine our constitutional democracy – might remember the words of her pastor and distance herself from ALEC’s next unworthy pursuit?

Bob Shepherd, our resident polymath, essayist, humorist, and lexicographer, wrote the following rumination on Trump’s visit to Georgia last night. He was supposed to “get out the vote” for the two billionaire Republican Senators, but spent most of his talk complaining about how the Georgia state officials had cheated him, how the election was rigged against him, and airing his usual woe-is-me victim grievances:

Bob Shepherd wrote:

So, this is what I heard listening to Trump’s Toddler Rant last night in Georgia:

The Devil Went Down to Georgia, aka Bad Angels in America, a Screenplay

[“Bohemian Rhapsody,” by Queen, crescendos, then fades over voice of Announcer.]

ANNOUNCER: Ladies and Gentlemen, the President of the United States.

JABBA THE TRUMP: Good evening, GEEOR-JUH! So here we are. What’s this place? Dalton? Dalton, Geeorjuh. You gotta be kidding, right? What the heck am I doing here? They said to me, ‘Sir. You have to go to Dalton, Geeorjuh.”

“No way, I said.”

“But, Sir,” they said, “if you don’t go, the Republicans down there, they lose.” Pitiful, am I right? But it’s true. It’s true. Carpets, right? You make carpets here in Dalton, Geeorjuh. So, here I am. And I’m not even on the ticket. Not something I want to do, believe me. But they need me. Republicans, without me, they never win another election.

So, we love the great state of Geeorjuh. I had this guy, Jeff Sessions. Wanted to be Attorney General. He was from Geeorgia or someplace in the South. I know. Hayseeds, right? A long way from New York, I’m telling you. Terrible. Worst Attorney General ever. Worse than Barr, even. Barr couldn’t do the most simple thing I asked him. Send in the military around the country–the Army, the Air Force, the Marines. Trump’s military. Get the Communist Democrats, Antifa, the News Media. Look at them back there. The Media. What a joke, right? Just wait. Tomorrow, they’ll say, he threatened the media. Sessions. Wouldn’t fire Mueller during the fake Russia investigation. So, I said, Jeff, you’re fired. And then he tried to run for office. And he lost. Lost terribly. That’s what happens. Trump’s not behind you, you lose.

Because I’m a winner. Won this election you wouldn’t believe how much—millions and millions of votes. But they got dead people voting. Illegals. Democrats. Can you believe that? They’re allowing Democrats to vote. Crazy, believe me. 11,000 votes. That’s all I need. It’s Tuesday night. I’m well ahead. Ahead everywhere. And then at the last minute they bring in all these boxes and boxes of votes—millions of them—all Biden. By dead people and Democrats. Biden. I know. The worst. He’ll take your jobs. Your cows. He wants the country to be Venezuela. Terrible. But that’s the radical Democrat Communist agenda, folks. I was saying to Ivanka—where is Ivanka? Ivanka, come up here and say something.

IVANKA: Hello, Georgia. I’m not going to say much because Daddy would get mad and I don’t have a brain anyway, but thank you. Thank you for coming out tonight and showing that you want to draw the line in the sand. That you are going to support David Doodoo and Kelly Loofa because the president has their backs. The greatest president in the history of our country, my father, Guardian of the Galaxy, Donald J. Trump.

JABBA THE TRUMP: Thank you, Ivanka. Nice legs on her, huh? I always say, if she weren’t my daughter, I’d be dating her. So, they’re trying to steal the election. Rename your military bases where so many heroes fought and died, named after great hero slave owners and rebels against your country. Nobody knows the military like Trump. You got, what? What’s that? Fort Benning? I don’t know. Maybe they could call it Fort Trump. I’d be OK with that.

But we won. We won by a lot. They call me up and they say, Sir, I can’t believe how they’re trying to steal it from you. It’s a statistical impossibility. Biden got more votes than there were people in the whole history of the country. Cause they got these machines. Need votes? Just print them up. Millions and millions of votes. Oh, this is a vote for TRUMP? Throw that one out.

The two worst events in the history of our country. First the fake Russia investigation. Then they try to steal the election. I don’t know. Not since the Continental Army had to fight off the Communist invasion from CHAIY-nuh was it so bad. Touch and go. Touch and go. That’s how it will be for Republicans if the Supremes—I’m not very happy with them right now—don’t step up and fix this thing. You know, I flew down here on a great helicopter—Marine One—great helicopter. Not as good as the Trump helicopter. Not by a long shot. But good. Like those stealth planes. Since I rebuilt the military. Terrible. It was in terrible shape, and I rebuilt it. They got these stealth planes, they’re actually invisible. You could be standing right next to it, and they would say, what do you think of the plane? And you would say, What plane? Because you couldn’t see it. Incredible. Incredible. So, I flew down on Marine One. And it’s like touch and go. Touch and go. Like my connection to reality.

But you’ll see. We won the election. We’re still going to win. Just wait. You’ll see. Big things happening. And any Senator goes against me, like your Governor here in Georgia, I’ll be campaigning against them. I can promise you that. You’re done. Finished.

OK. Well, that’s about it. Just wait and see the next couple days. You’ll see. Going to be wild out there. Good night, Geeorgia. Now, get me the hell out of here.

[JABBA exits to music of “YMCA” by The Village People. Satan and the ghost of Roy Cohn dance onstage to the music. Crowd in MAGA hats–Moscow’s Asset Governing America–mills around aimlessly, like zombies in The Walking Dead, trying to remember what day it is, their own names, and where the exits are located.]

When Congress meets to accept the results of the vote of the Electoral College, a large number of Republicans say they will object. They will object not because of facts or evidence or court decisions, but because they want to prove their devotion to Trump, the most incompetent and unhinged man ever to hold the presidency. The Republican members of Congress who deny the election of Joe Biden are, in the contested states, denying their own election. The Republican members of Congress from Georgia, Arizona, Nevada, Pennsylvania, Wisconsin, andMichigan who support Trump’s challenge—even though the courts in their states threw out his claims—are saying that their own election was invalid. They should resign at once and wait for a new election.

Denis Smith, retired from the Ohio Department of Education, wrote the following:

“At least 12 Republican senators and potentially upwards of 140 House Republicans will formally object in writing to the electoral results submitted…”  says one report about tomorrow’s vote to accept the Electoral College results.  That number represents about 2/3 of all Republican members of the House, a startling figure when you consider that all of these people were democratically elected, that every state had their votes audited and certified, and that 60 court cases have been dismissed due to the sheer lack of evidence.

This would be laughable except for the fact that this whole spectacle is a challenge to democracy, an affront on majority rule – even though the Electoral College itself is a contradiction and a relic from the slavery era . In fact, Joe Biden won by more than 7,000,000 votes, yet we have at least 152 Members of Congress that are challenging that simple fact.


In light of all of this outrageous conduct and seditious behavior by Republicans, here are two quotes which I hope will be shared far and wide in the days ahead. I pulled them from my collection of favorite quotes assembled over the years, and do believe they are perfect for Americans to read before the debate in Congress tomorrow:
“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” (Attributed to several humorists, including Mark Twain, Josh Billings, Artemus Ward and Will Rogers)

“The ideal subject of totalitarian rule is not the convinced Nazi or the convinced Communist, but people for whom the distinction between fact and fiction (i.e., the reality of experience) and the distinction between true and false (i.e., the standards of thought) no longer exist.” — Hannah Arendt, “The Origins of Totalitarianism” (1951)

This quote from the iconic HBO series, The Newsroom, which aired from 2012-2014, has turned out to be particularly prophetic. Think about this observation spoken by Anchorman Will McAvoy, played by Jeff Daniels:

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“We have one party that has these characteristics:

“Ideological purity. Compromise as weakness. A fundamentalist belief in scriptural literalism. Denying science. Unmoved by facts. Undeterred by new information. A hostile fear of progress. A demonization of education. A need to control women’s bodies. Severe xenophobia. Tribal mentality. Intolerance of dissent. Pathological hatred of the U.S. government. They can call themselves the Tea Party. They can call themselves conservatives. And they can even call themselves Republicans, though Republicans certainly shouldn’t. But we should call them what they are – The American Taliban.”

Who would have ever thought that this nation would come so close to becoming an authoritarian state? The distance on the road from authoritarianism to totalitarianism is not that far. In the meantime, get out the popcorn for tomorrow’s authoritarian spectacle. What you see and hear should be much more frightening than entertaining.

The Trump campaign filed yet another lawsuit in Georgia to overturn the state’s vote, and once again Trump lost.

Remember that the definition of insanity is doing the same thing over and over and expecting to get different results?

The Trump team, by that definition, is insane.

At what point will these fake lawyers be disciplined for clogging the calendars of state and federal courts with lawsuits that have no merit?

Steve Schmidt used to be a Republican insider. He ran Republican campaigns. He drew a line at Trump. He saw Trump for the phony and self-obsessed con man that he is. He joined the Lincoln Project. He changed his party registration. He is no longer a Republican.

He says that January 6 marks the beginning of the end for the GOP. Here is an excerpt from his remarks.

The die is cast for the Republican Party. It will be destroyed on January 6th in much the same way the Whig party was destroyed by the passage of the Kansas-Nebraska Act in 1854. The act unraveled the Missouri compromise and allowed for the westward expansion of slavery.

The party could not survive its factionalism. There could be no more accommodation, compromise, and partnership between pro-slavery and anti-slavery Whigs. A new political party was born, the Republican Party. Now, that party will divide into irreconcilable factions on January 6th.

The 6th will commence a political civil war inside the GOP. The autocratic side will roll over the pro-democracy remnant of the GOP like the Wehrmacht did the Belgian Army in 1940. The ‘22 GOP primary season will be a blood letting. The 6th will be a loyalty test. The purge will follow.

Does anybody doubt the outcome of the @IvankaTrump vs. @marcorubio primary in Florida? Anyone willing to make a bet on @robportman?

It turns out JFK was right. The problem of trying to ride the tiger is the likelihood of winding up inside the tiger.

The poisonous fruit from four years of collaboration and complicity with Trump’s insanity, illiberalism, and incompetence are ready for harvest. It will kill the GOP because its Pro-Democracy faction and Autocratic factions can no more exist together then could the Whig Party hold together the Abolitionist with the Slave master. It won’t happen over night, but the destination is clear.

The Conservative party in America is dead. It may continue to bear the name “Republican” but it will be no such thing. Fascism has indeed come to America, and as was once predicted it is wrapped in the flag and carrying a cross.

As we learned in the recording of his outrageous conversation with the Georgia Secretary of State, Trump will stop at nothing in his crazed efforts to cling to his office. He has lost interest in governing, but not in ruling. His base believes whatever claptrap he spews. Some theorize that it was Trump who released the recording of the conversation where he bullied Brad Raffensperger and tried to persuade him to “find” enough votes to reverse the results in Georgia. The recording allowed him to get all his nutty conspiracy theories into the public space, magnified by massive coverage. Since Georgia’s electoral votes would not be enough to change the outcome of the election, we can safely assume that Trump had similar conversations with state election officials in other states. He doesn’t seem to understand that the election is over. The votes were counted and recounted. The Electoral College met, and Biden won. The process on January 6 is supposed to be ceremonial not consequential. Trump’s surrogates sued to try to give the Vice-President the power to overturn the duly certified slates of electors and recognize alternate pro-Trump slates instead, but that lawsuit was dismissed in Texas by a federal judge appointed by Trump; when it was appealed to the Federal Appeals Court, a three-judge panel (all appointed by Republican presidents) affirmed the lower court decision to toss out the lawsuit.

However, Politico says that the call was recorded and released by the Georgia Secretary of State, for his own protection. He was burned once before by Lindsay Graham. Let’s give credit where credit is due: Secretary of State Raffensperger, a lifetime Republican, refused to be cowed by Graham; he refused to be cowed by Trump. He stood strong for election integrity, despite the pressure. He is an American hero.

Here is the full recording and transcript.

Politico wrote:

The story of the extraordinary call of a president pushing a top election official to rig the Georgia results was broken by the superb reporting of the Atlanta Journal-Constitution’s Greg Bluestein and the Washington Post’s Amy Gardner, but the backstory is almost as interesting.

It started on Saturday when Trump and his team reached out to talk to Raffensperger, who, according to an adviser, felt he would be unethically pressured by the president. Raffensperger had been here before: In November he accused Trump ally and South Carolina Sen. Lindsey Graham of improperly exhorting him to meddle in the election to help Trump win Georgia. Graham later denied it.

So why not record the call with the president, Raffensperger’s advisers thought, if nothing else for fact-checking purposes. “This is a man who has a history of reinventing history as it occurs,” one of them told Playbook. “So if he’s going to try to dispute anything on the call, it’s nice to have something like this, hard evidence, to dispute whatever he’s claiming about the secretary. Lindsey Graham asked us to throw out legally cast ballots. So yeah, after that call, we decided maybe we should do this.”

The call took place Saturday afternoon. “Mr. President,” announced Mark Meadows, the White House chief of staff, at the top of the call, “everyone is on the line.” Little did he know. Trump made his ask and did most of the talking for the next hour, trafficking in the same conspiracy theories about election fraud that no court or criminal investigator has found credible. At the end of the call, Trump complains, “What a schmuck I was.”

Raffensperger’s team kept quiet about the call and the recording and waited. The president made the next move, claiming on Sunday morning via Twitter that Raffensperger was “unwilling, or unable, to answer” questions about his baseless claims of widespread voter fraud. “Respectfully, President Trump: What you’re saying is not true,” Raffensperger replied at 10:27 a.m. “The truth will come out.” It wasn’t an empty promise.

Now the best that Trump can hope for is to draw thousands of his rabid, armed supporters to the Capitol to threaten others and to create chaos. This won’t change the outcome of the election, unless Trump invokes the nineteenth-century Insurrection Act and declares martial law.

The Boston Globe published this editorial:

For worried residents of the District of Columbia, President Trump’s flailing efforts to overturn the results of a free and fair election that he lost no longer seem quite so funny. With the prospect of unrest in the nation’s capital when Trump’s loss is formalized on Wednesday, Republicans have run out of excuses for continuing to indulge Trump’s anti-democratic rants.

Not a single state or federal court has accepted the preposterous conspiracy theories floated by Trump and his supporters to explain his loss, ranging from zany stories of North Koreans smuggling ballots into Maine to supposed Sharpie malfunctions in Arizona. No election has been as thoroughly scrutinized as the 2020 vote, and even Trump’s own Justice Department acknowledges it couldn’t find any serious fraud, much less the vast plots of Trump’s imagination.


To their credit, state Republican officials in Georgia, Arizona, Michigan, and other states rejected those fictions. National Republicans, from Senate majority leader Mitch McConnell on down, have (belatedly) also acknowledged Joe Biden as the victor. In fact, the election wasn’t especially close: Democratic candidate Joe Biden won by more than 7 million votes, and with an Electoral College margin identical to Trump’s 2016 victory.Get Today in Opinion in your inboxGlobe Opinion’s must-reads, delivered to you every Sunday-Friday. Enter EmailSign Up

But the president remains immersed in his conspiratorial fantasyland, careening from one delusional idea to another, apparently in hopes that one fringe theory will finally pay off, a deus ex whackina that changes the ending of the 2020 election.

And on Wednesday, when Congress meets to formally certify Biden’s victory, Trump has called for his supporters to descend on Washington for a protest he said would be “wild.”

Of course, protesting is any American’s right. But especially considering the way the last gathering of Trump supporters in Washington descended into violence, lawmakers need to stop giving oxygen to his efforts and firmly reject expected challenges to the vote-certifying on Wednesday. Trump’s fellow Republicans have mostly indulged him by treating his complaints as plausibly legitimate. But that’s only emboldened what would otherwise be a crackpot fringe. By doing so, they’re risking a greater likelihood of trouble on the streets of Washington in the short term, and more lasting damage to trust in democracy in the long term.



Certifying an election is a ministerial job, not a policy decision; it’s not Congress’s job on Wednesday to say whether they like the results of an election or the way that states conducted their votes. Still, if even a single House member and a single senator object to a state’s electoral votes, it triggers a mandatory two-hour debate in Congress and then a vote on whether to accept the state’s votes. As of Saturday, eleven GOP senators and senators-elect had pledged to join House members in objecting to some states’ electoral votes. Trump and his supporters had been pushing members of Congress to object to states Biden won, and demanding that Vice President Mike Pence — who will preside over the count in a ceremonial capacity — switch Biden states to Trump, which he does not have the power to do. (In another dead-end lawsuit, some GOP lawmakers tried to change the law dating back to the 19th century to give Pence the authority to override voters.)

Seeking to avoid a debacle, McConnell lobbied Republican senators not to raise objections to Biden’s victories, apparently unsuccessfully. Meanwhile, according to a top aide, Pence supports the GOP lawmakers’ egregious plan to legitimize the president’s conspiracy theories on the floor of Congress.

Ever since election day, Republicans have generally defended Trump’s challenges to the outcome as within his legal rights. Likewise, insisting on a floor debate on individual states’ presidential votes is perfectly legal. But what is legally permissible and what is right for a polarized and frazzled country aren’t the same.

The country needs to turn the page not just on Trump, but also the toxic brand of conspiracism that he’s mainstreamed into American politics. That won’t be easy. But members of Congress ought to do their part by publicly rejecting Trump’s conspiracy-laced demands to subvert the electoral count, and recognizing Biden’s clear victory. Those who do not don’t deserve to be in public office in a democracy.

This just appeared in the Washington Post. The Trump campaign continues filing lawsuits. His lawyers should be disbarred for filing multiple frivolous lawsuits.

Federal judge rejects latest effort by Trump allies to overturn election results, saying lawsuit ‘would be risible were its target not so grave’


A federal judge rejected yet another attempt by allies of President Trump to overturn the November election results on Monday, saying the lawsuit “would be risible were its target not so grave” and suggesting he will consider asking for disciplinary action for the lawyers involved.


More than 90 judges have rejected efforts by Trump or his allies to overturn the November vote. In Michigan, the city of Detroit has asked another judge to consider disciplinary action against Sidney Powell, a lawyer who has represented plaintiffs in a number of suits.


The latest suit was filed Dec. 22 by the Amistad Project, a conservative group that had already filed and lost a number of lawsuits targeting the vote in various states. This last-ditch effort was filed against Vice President Pence, both houses of Congress, the leaders of five states and the electoral college — a body that does not exist as a permanent entity — and argued that the Constitution requires that state legislatures alone certify presidential electors. It asked a federal judge in D.C. to stop Congress from certifying President-elect Joe Biden’s victory when it meets to read the electoral college votes on Wednesday.


In a seven-page opinion, District Court Judge James Boasberg rejected the effort, citing a series of fatal flaws with the suit. The plaintiffs, he wrote, had filed in the wrong court, did not have standing to sue and had made no effort to serve their opponents with the suit, a legal requirement to move the process forward.


More importantly, he wrote, “the suit rests on a fundamental and obvious misreading of the Constitution.”


“It would be risible were its target not so grave: the undermining of a democratic election for President of the United States,” he wrote.


He wrote that their central contention — that only state legislatures can certify presidential electors — was “flat out wrong” and would require him to ignore decades of precedent and Supreme Court decisions to overturn a number of state laws.


“Plaintiffs’ theory that all of these laws are unconstitutional and that the Court should instead require state legislatures themselves to certify every Presidential election lies somewhere between a willful misreading of the Constitution and fantasy,” he wrote.


He added, however, that the plaintiffs’ failure to even try to serve the many parties they had sued made it difficult of him to believe the lawsuit was intended to be taken seriously.


“Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures,” he wrote, adding that he was contemplating referring the case to the court’s Committee on Grievances “for potential discipline of Plaintiffs’ counsel.”


Erick G. Kaardal, the Minneapolis-based lawyer who filed the suit on behalf of the group, did not respond to a request for comment.

Trump’s pathetic efforts to overturn an election he lost resoundingly have been refuted more than 50 times by state and federal courts.

He’s now encouraging demonstrators and protestors to flood the streets of D.C. on January 6 while Congress is proceeding to certify the vote of the Electoral College. Chaos is all he has left.

Today, nearly 200 business leaders urged Congress to stop toying with the election results, accept reality, and do their job.

https://pfnyc.org/news/new-york-business-leaders-issue-statement-to-certify-electoral-vote/

This presidential election has been decided and it is time for the country to move forward. President-elect Joe Biden and Vice President-elect Kamala Harris have won the Electoral College and the courts have rejected challenges to the electoral process. Congress should certify the electoral vote on Wednesday, January 6. Attempts to thwart or delay this process run counter to the essential tenets of our democracy.

The incoming Biden administration faces the urgent tasks of defeating COVID-19 and restoring the livelihoods of millions of Americans who have lost jobs and businesses during the pandemic. Our duly elected leaders deserve the respect and bipartisan support of all Americans at a moment when we are dealing with the worst health and economic crises in modern history. There should be no further delay in the orderly transfer of power.

Ted Cruz, Jos

Trump called Georgia Secretary of State Brad Raffensperger on Saturday and spent an hour on the phone with him, pleading, cajoling, threatening, and demanding that he “find 11,780 votes” to flip the state to Trump’s column. Georgia’s state leaders are Republicans. The November vote in Georgia was counted three times.

In an exclusive report, the Washington Post quoted from a recording of the telephone call:

President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in an extraordinary one-hour phone call Saturday that election experts said raised legal questions.


The Washington Post obtained a recording of the conversation in which Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the Secretary of State refused to pursue his false claims, at one point warning that Raffensperger was taking “a big risk.”


Throughout the call, Raffensperger and his office’s general counsel rejected his assertions, explaining that Trump is relying on debunked conspiracy theories and that President-elect Joe Biden’s 11,779-vote victory in Georgia was fair and accurate.


Trump dismissed their arguments.
“The people of Georgia are angry, the people in the country are angry,” he said. “And there’s nothing wrong with saying, you know, um, that you’ve recalculated.”


Raffensperger responded: “Well, Mr. President, the challenge that you have is, the data you have is wrong.”

At another point, Trump said: “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”


The rambling, at times incoherent conversation, offered a remarkable glimpse of how consumed and desperate the president remains about his loss, unwilling or unable to let the matter go and still believing he can reverse the results in enough battleground states to remain in office.


“There’s no way I lost Georgia,” Trump said, a phrase he repeated again and again on the call. “There’s no way. We won by hundreds of thousands of votes.”


Several of his allies were on the line as he spoke, including White House Chief of Staff Mark Meadows and conservative lawyer Cleta Mitchell, a prominent GOP lawyer whose involvement with Trump’s efforts had not been previously known.


In a statement, Mitchell said that Raffensperger’s office “has made many statements over the past two months that are simply not correct and everyone involved with the efforts on behalf of the President’s election challenge has said the same thing: show us your records on which you rely to make these statements that our numbers are wrong.”


The White House, the Trump campaign and Meadows did not immediately respond to a request for comment.


Raffensperger’s office declined to comment.


On Sunday, Trump tweeted that he had spoken to Raffensperger, saying the secretary of state was “unwilling, or unable, to answer questions such as the “ballots under table” scam, ballot destruction, out of state “voters”, dead voters, and more. He has no clue!”


Raffensperger responded with his own tweet: “Respectfully, President Trump: What you’re saying is not true.”

The article continues to quote the conversation in detail. It’s worth subscribing to the Washington Post to read this article in full.

Trump threatens the Georgia Secretary of State with legal consequences if he does not switch the vote for him and warns that the Senate elections will be jeopardized by the state leaders’ failure to change the results.

But Trump’s actions were legally dubious.

Trump’s conversation with Raffensperger put him in legally questionable territory, legal experts said. By exhorting the secretary of state to “find” votes and to deploy investigators who “want to find answers,” Trump appears to be encouraging him to doctor the election outcome in Georgia.


But experts said Trump’s clearer transgression is a moral one. Edward B. Foley, a law professor at the Ohio State University, said that the legal questions are murky and would be subject to prosecutorial discretion. But he also emphasized that the call was “inappropriate and contemptible” and should prompt moral outrage.


“He was already tripping the emergency meter,” Foley said. “So we were at 12 on a scale of 1 to 10, and now we’re at 15.”

After a Trump-appointed federal judge rejected Rep. Louie Gohmert’s lawsuit seeking to give Vice President Pence the power to throw out the electoral votes of states that voted for Biden, Gohmert appealed to a the Fifth Circuit Court of Appeals. Yesterday, a three-judge panel of judges, all appointed by Republican presidents, dismissed Gohmert’s lawsuit.

(Reuters) – A federal appeals court on Saturday rejected a Republican congressman’s bid to allow Vice President Mike Pence to overturn President-elect Joe Biden’s Nov. 3 election victory in favor of President Donald Trump.

In a brief order, a three-judge panel of the 5th U.S. Circuit Court of Appeals upheld a federal judge’s decision on Friday to toss U.S. Representative Louie Gohmert’s lawsuit, which had argued that Pence had the power to invalidate Biden’s win when Congress meets to certify the results on Wednesday.

Trump, a Republican, has refused to concede to Biden, claiming without evidence that his victory was due to widespread fraud. Dozens of election officials and judges around the country have dismissed Trump’s allegations..

Gohmert, a Texas Republican and staunch Trump ally, filed the lawsuit along with Republican electors from Arizona, asserting that Pence could throw out electoral votes in his role as the presiding officer of the Senate.

The Justice Department opposed Gohmert’s lawsuit.

But U.S. District Judge Jeremy Kernodle, a Trump appointee, ruled on Friday that the plaintiffs lacked standing to sue because they had not suffered any personal harm.

The 5th Circuit judges, all appointed by Republican presidents, including a Trump appointee, agreed. The Justice Department, representing Pence, had opposed the lawsuit.