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"The U.S. Attorney General should be the American people's lawyer—not a corporate lobbyist with a closet full of conflicted clients," said the head of the watchdog Accountable.US.
As President-elect Donald Trump's attorney general pick Pam Bondi faced Senate questioning on Wednesday, progressive critics opposed to her nomination cited her record as a lobbyist, her role in amplifying Trump's claims of election fraud in 2020, and her history of catering to corporate interests to argue she is unfit to lead the U.S. Justice Department.
Bondi, for her part, told senators in the first of two scheduled hearings that her Justice Department would not be used to target people based on their politics—though she stopped short of saying that the agency would not investigate foes of Trump. She also spent much of her confirmation answering questions about Kash Patel, Trump's controversial pick for FBI director whom she repeatedly defended, according to Politico.
Jon Golinger, democracy advocate for the watchdog group Public Citizen, was among Bondi's detractors who argued Wednesday that she is deeply unqualified to be the nation's top law enforcement officer.
"The U.S. Attorney General should be the American people's lawyer—not a corporate lobbyist with a closet full of conflicted clients, many of whom seek government contracts or are being investigated by the very Justice Department Bondi now seeks to lead," Golinger said in a statement.
After eight years as Florida's attorney general, Pam Bondi left that post in 2019 and joined Ballard Partners, a corporate lobbying firm that has also employed Trump's pick for White House chief of staff, Susie Wiles. At Ballard Partners, Bondi worked on behalf of numerous corporate clients, including the private prison firm the Geo Group, Uber, and Amazon.
Bondi also served as a lawyer for Trump during his first impeachment trial and pushed Trump's claims of election fraud in 2020.
Tony Carrk, the executive director of the watchdog Accountable.US, went after Bondi's time as Florida Attorney General, writing that she "frequently played favorites with big corporate donors and political insiders at the expense of everyday consumers, patients, and the public good" while she held that office and that "nothing indicates Bondi would change her office-peddling modus operandi as America's top justice official."
Public Citizen co-president Lisa Gilbert, who will testify as an outside witness Thursday at day two of Bondi's hearing, said Wednesday that Bondi's record could lead to a politicization of the agency and called her "unsuitable" for the role given her ties to powerful corporations.
Meanwhile, the civil rights coalition the Leadership Conference on Civil and Human Rights, joined the pile on in a statement submitted Wednesday to the Senate Judiciary Committee. "Ms. Bondi lacks the commitment to defending the core tenets of our democracy and the civil and human rights of all people. Indeed, her active participation in and support of Trump's efforts to overturn the 2020 election ought to be disqualifying in itself," the group wrote.
But Bondi—who "acquitted herself coolly," according to press account—appears on track for likely confirmation.
Raising the specter of the pressure Trump has placed on his Department of Justice in the past, Sen. Chris Coons (D-Del.) asked, "let's imagine Trump issues a directive or order to you or to the FBI director that is outside the boundaries of ethics or law. What will you do?"
"I will never speak on a hypothetical, especially one saying that the president would do something illegal. What I can tell you is my duty, if confirmed as the Attorney General, will be to the Constitution and the United States," said Bondi.
Bondi would not answer directly when asked whether Trump lost the election in 2020 and also would not denounce some of the former president's extreme stances, like calling those arrested for participating in the January 6 insurrection "hostages" or "patriots."
"That's how you move a country toward an authoritarian form of society," said Sen. Bernie Sanders.
U.S. Sen. Bernie Sanders warned on the eve of Tuesday's presidential contest that no matter what the initial vote tallies show, Republican nominee Donald Trump will declare victory—just as he did four years ago—in an attempt to sow chaos and confusion as election workers tabulate the results of what's expected to be a razor-close race.
"Donald Trump, early on in the evening, will declare, 'Hey, I've won this election, and if there's any state that I lost, it's because of voter fraud,'" Sanders (I-Vt.), who has backed Democratic nominee Kamala Harris, predicted in a video message to the nation released on Monday.
"That's what demagogues do," the senator added, "and that's how you move a country toward an authoritarian form of society."
Watch:
Sanders' warning came after Trump and his GOP spent the months leading up to Election Day laying the groundwork to challenge the results of the presidential contest if it doesn't go their way, repeating baseless claims of voter fraud and preemptively suggesting a Trump loss is only possible if the contest is rigged.
"The only thing that can stop us is the cheating," the former president declared at a campaign rally in Arizona last week. "It's the only thing that can stop us."
One recent
analysis estimated that Trump loyalists have majority control of 15 county election boards in eight key swing states, a potential boon to far-right efforts to disrupt the vote-counting or certification process.
Anticipating premature victory claims from Trump, election observers are warning U.S. voters to be on the lookout for a "red mirage"—which refers to the misleading appearance of a significant Republican lead before mail-in ballots are counted. Around 75 million Americans cast ballots in the early voting period, according to state-level tallies.
Reutersreported last week that "Democrats are readying a rapid-fire response to flood social media and the airwaves with calls for calm and patience with vote-counting should Donald Trump try to prematurely claim election victory."
Former U.S. Labor Secretary Robert Reich warned in a blog post Tuesday that Trump is likely to exploit a potential "red mirage" just as he did in 2020.
"Trump's nonsense claim that the votes counted earlier in the night were more legitimate than those counted later became the underpinning of his entire Big Lie, culminating in the January 6 attack on the Capitol," Reich wrote. "It looks as if the 2024 election will be close. Early tonight, Trump is likely to appear to be ahead and again use that early lead to falsely claim victory. Mirages can be confusing, but if you know what they are, you won't be fooled by them. Please help spread the word about the red mirage so people know what to expect tonight."
The Washington Postnoted Tuesday that "finding out who won the presidency may take days," observing that "election officials in key swing states are urging Americans to be patient as they tally results, a process that varies from state to state because each has different vote-counting laws."
"Polls show an extremely tight presidential race, and the closer the results are, the longer it will take to know the outcome," the newspaper reported. "The swing states that took the longest then could again be slow this year: Pennsylvania, Arizona and Nevada. If the race is close, other states could join the list."
Think races for the U.S. House don't matter? Think again.
The scariest thing at Trump’s quasi-fascist Madison Square Garden rally was not the vulgar and offensive rhetoric by surrogates like unfunny comic Killer Tony’s comments about Puerto Rico being a “floating island of garbage” and Black Americans carving watermelons for Halloween, as disgusting as they were.
No, it was Trump’s threat that he and GOP House Speaker Mike Johnson have “a little secret” to upend the results of the election. As Rep. Dan Goldman warned, Trump and Johnson may try to go to the House and throw out the certification of the electoral vote and turn it over to the Republican House majority who would hand the election to Trump.
Here’s how it could go down: MAGA operatives in swing states could challenge the allocation of electoral votes with the goal of making it impossible for one or more counties or states to certify the electoral vote on time, block both candidates from receiving the necessary minimum of 270 electoral votes, and throw it into the House for a so-called “contingent election” where each state gets one vote and Republicans are likely to have the edge with a majority of 26 state delegations unless Democrats flip this in the upcoming election.
Although most states award their electoral votes to the candidate who received the most popular votes in their state, the Constitution does not require them to do so. According to Article II, Section 1 of the Constitution, each state has the right to decide how to appoint its electors. In many states, this would allow one or more electors (so-called “faithless electors”) to cast their vote for a candidate other than the one who received the most popular votes in their state. This has happened nearly 100 times in history, although so far it has not changed the ultimate results. It could be different this time.
According to various state laws in 15 states, a faithless elector’s vote isn’t counted and a replacement is named. But in 19 states, their votes would count. Some of these states have enforcement mechanisms, but others, including Pennsylvania, do not.
In July 2020, the U.S. Supreme Court held in Chiafalo v Washington that a State may "penalize an elector for breaking his pledge and voting for someone other than the presidential candidate who won his State's popular vote." But it doesn’t require them to do so.
Let’s say Harris carries all the safely Blue states plus only the swing states of Wisconsin, Michigan, and Pennsylvania. That would give her 270 electoral votes to Trump’s 268, the bare minimum for her to win. But let’s say there’s a faithless elector from one of the states that permit it, or a court challenge voids some electoral votes as discussed below. Then neither candidate would have an electoral college majority, which would throw the choice of the next president to the House of Representatives. Each state gets one vote and unless this election changes it, Republicans hold a majority of the states. So the House Republicans hands the election to Trump.
Meanwhile, there are several court cases that could flip the electoral college, particularly if the election is so close that it comes down to Pennsylvania.
In Republican National Committee v. Wetzel, the ultra-right wing 5th Circuit Court of Appeals just ruled that a state may not legally count a ballot mailed before election day that arrives for counting afterwards. As Mark Joseph Stern argued in Slate: “18 states and Washington, D.C., accept late-arriving ballots; the 5thCircuit’s reasoning would render all these laws illegitimate and void, nullifying hundreds of thousands (if not millions) of ballots.” SCOTUS could affirm or overturn the 5th Circuit. Although there’s probably no time to do so before election day, if it affirms the 5th Circuit between the election and the final certification of the electoral vote by Congress, it could disqualify the votes of countless Harris voters.
Meanwhile, in Genser v. Butler County Board of Elections the Pennsylvania Supreme Court ruled that voters whose mail-in ballots contained a technical error (they were not placed in a second “security envelope”) would be permitted to submit a second provisional ballot that could be counted.
The Republican Party filed a motion for the U.S. Supreme Court to intervene and bar provisional ballots from being counted. If SCOTUS rules in their favor, it could disqualify thousands of Pennsylvania votes. Remember that in 2000, Bush defeated Gore by only 537 votes in Florida, when SCOTUS stopped the vote count.
With a 6-3 extreme right majority, SCOTUS could again hand the election to the Republican, Donald Trump.
The only way to guarantee that the Trump/Rogers “secret plan” is to flip a couple of House delegation majorities from Red to Blue. That’s why it’s vitally important for Harris voters to vote in every state and cast their vote for the Democratic House candidate.