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stop the steal
Is the US Ready to Defend Democracy From Rogue Election Officials?
In 2020, the election deniers were improvisational and slapdash; now they are systematic, organized, and well funded.
Aug 19, 2024
How precisely will election deniers try to undermine the results in 2024? Will we see a rerun of 2020’s parade of falsehoods—rigged voting machines, USB drives masquerading as breath mints, and bamboo-laced ballots from China? Or will they premiere some new tricks this election season? One answer has come into sharper focus in recent weeks. Will our system be ready? That remains to be seen.
We all learned in 2020 that we do not have one election, or even 50 state elections. Decisions are made by hundreds of county boards and officials. Usually that is routine. Just after voting takes place, poll workers and local election officials begin a rigorous, multistep process to accurately determine the results. This is all “ministerial.” Two plus two equals four. We have a winner! The voters vote, the results are tabulated, you affirm the numbers, and you go home.
All of which points to Georgia, where alarms are ringing. Rogue officials there are already preparing the ground to ignore voters in November.
Election deniers have quietly infiltrated county boards across the country. In Nevada, one official in the state’s second-largest county recently refused to certify her own election. Stop the steal!
You may remember former U.S. President Donald Trump’s rally at Georgia State University on August 3. That was the speech in which he attacked Republican Gov. Brian Kemp, Secretary of State Brad Raffensperger, and, for good measure, Kemp’s wife. What was noteworthy, though, was the fellow Republicans he praised. He lauded three newly appointed members of the state election board. “They’re on fire. They are doing a great job,” he declared.
Three days later we learned why he was so effusive. The state officials announced a new rule to require county officials across Georgia to conduct a “reasonable inquiry” before they can certify results.
That is a permission slip for subversion. In May, a board member who oversees elections in Fulton County—home of Atlanta, the biggest Black-majority city in the state—refused to certify a primary result, and to press her case, she sued her own election board. It turned out she is an organizer for Cleta Mitchell, a participant in Trump’s notorious “I just want to find 11,780 votes” phone call to Raffensperger in January 2021.
Indeed, election deniers have quietly infiltrated county boards across the country. In Nevada, one official in the state’s second-largest county recently refused to certify her own election. Stop the steal!
Even before the new Georgia rule went into effect, the Brennan Center and other voting rights groups went to court to support advocates working to protect the vote in Fulton County. We represent the Georgia NAACP and the League of Women Voters of Georgia.
That’s the thing: When a county official refuses to certify the votes because of... vibes, it’s not just antidemocratic. It’s unlawful. The Georgia Supreme Court has repeatedly ruled that local officials don’t have a choice.
And for good reason. In the rough-and-tumble early years of our republic, elections were messy, and it was not uncommon for rogue local officials to interfere with certification to benefit their preferred candidate. Early American state courts and legislatures took notice. As my colleague Lauren Miller Karalunas explains in a widely cited law review article, they shaped election certification into a mandatory duty precisely so that officials like those in Fulton County couldn’t take election results into their own hands. In the prescient words of the Oklahoma Supreme Court in 1909, allowing local certifying officials to reopen election returns and investigate the election itself “would afford temptation and great opportunity for the commission of fraud.”
In 2020, the election deniers were improvisational and slapdash. Now they are systematic, organized, and well funded. Trump already falsely claims that millions of noncitizens are preparing to vote. House Speaker Mike Johnson (R-La.) asserts that “we all know, intuitively, that a lot of illegals are voting in federal elections. But,” he admits, “it’s not been something that is easily provable.” The House passed legislation purportedly cracking down on the nonexistent plague of noncitizen voting. All of this creates an atmosphere of suspicion and panic—the very vibes that can be exploited by unscrupulous officials to delay certification and derail the vote.
At his Georgia State rally, Trump praised the election officials as “pit bulls” who sought “victory.” It will be up to courts to stand up for something other than “victory”—democracy, fairness, and the rule of law.
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Ocasio-Cortez Calls for Senate Probe of Alito Insurrection-Linked Flags
"Every single minute matters," said the Democratic congresswoman, "and we have to use our power when we have it."
May 23, 2024
Urging Democratic lawmakers to use the power they currently hold in the U.S. Senate, Rep. Alexandria Ocasio-Cortez on Wednesday night called on party leaders in the upper chamber to launch immediate investigations into the insurrection-linked flags that were seen flying outside Supreme Court Justice Samuel Alito's homes.
Hours after The New York Times reported that last year, an "Appeal to Heaven" flag associated with the baseless claim that President Joe Biden stole the 2020 election from former President Donald Trump had been displayed at Alito's beach house, the New York Democrat appeared on "All In with Chris Hayes" on MSNBC and said the party must waste no time in holding Alito accountable.
"What we are seeing here is an extraordinary breach of not just the trust and the stature of the Supreme Court, but we are seeing a fundamental challenge to our democracy," Ocasio-Cortez said.
The flag, which was carried by pro-Trump rioters who attempted to stop the 2020 election from being certified on January 6, 2021, reportedly flew in July and September 2023 at Alito's beach house in New Jersey—around the time that a case regarding whether January 6 insurrectionists could be charged with obstruction arrived at the Supreme Court.
Last week, it was revealed that an upside down American flag—another historic symbol adopted by right-wing insurrectionists and "Stop the Steal" supporters—was flown at Alito's home near Washington, D.C. The justice claimed the flag was displayed by his wife during a dispute with a neighbor.
Legal experts and Democrats in Congress have repeatedly called on both Alito and Justice Clarence Thomas to recuse themselves from certain cases due to conflicts of interest following reports of luxury travel and gifts they received from right-wing operatives. Advocates have demanded Thomas' recusal from cases centering on Trump and January 6 defendants, considering his wife's support for efforts to overturn the 2020 election in Trump's favor.
Now, critics are demanding Alito's recusal from the obstruction case and one regarding Trump's claim that he has immunity in his federal election interference case, both of which the court is expected to rule on in the coming weeks.
Ocasio-Cortez on Wednesday night said Democrats on the Senate Judiciary Committee should use their current majority to subpoena Alito and demand answers about his affinity for symbols embraced by groups that sought to overturn the 2020 election.
“I don't even think that we have to wait until we have a Democratic House majority because we have a Democratic Senate majority,” she said. "Samuel Alito has identified himself with the same people who raided the Capitol on January 6 and is now going to be presiding over court cases that have deep implications over the participants in that rally. And while this is a threat to our democracy, Democrats have a responsibility for defending our democracy."
"There should be subpoenas going out. There should be active investigations that are happening," she said, adding that Democrats cannot take "for granted" that they will be able to take action after the November elections, after which Republicans could take power.
"Every single minute matters," she said, "and we have to use our power when we have it."
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Alito Family's Upside-Down Flag After Jan. 6 Sparks Call for Justice's Recusal
"This behavior is disqualifying for a Supreme Court justice," said one critic.
May 17, 2024
U.S. Senate Judiciary Committee Chair Dick Durbin was among those on Friday who called for Supreme Court Justice Samuel Alito's recusal from cases related to the 2020 election after The New York Timesreported the justice flew an upside-down flag outside his home in the days leading up to President Joe Biden's inauguration.
The display of an inverted flag officially symbolizes "dire duress" according to the U.S. code, and has been used at various times by people across the political spectrum to signify distress over U.S. policy and disapproval of the government.
At the time Alito's family displayed the flag, just over a week after then-President Donald Trump urged his supporters to riot at the U.S. Capitol when lawmakers were certifying the election results, the "Stop the Steal" movement had embraced the symbol to show their belief that the election had been stolen for Biden—despite all evidence to the contrary.
Alito told the Times on Friday that he "had no involvement whatsoever in the flying of the flag" and that "it was briefly placed by Mrs. Alito in response to a neighbor's use of objectionable and personally insulting language on yard signs."
But Durbin (D-Ill.) said the display on January 17, 2021—and for several days before that—clearly created "the appearance of bias."
"Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6 insurrection, including the question of the former president's immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering," said the senator.
The news of Alito's upside-down flag comes after numerous reports about ethical breaches by right-wing Supreme Court justices including Alito and Justice Clarence Thomas.
Both of the justices have accepted luxury travel and have had other financial transactions with right-wing operatives who have been involved in cases before the court, and Thomas has drawn condemnation for continuing to serve on a case regarding documents being turned over to the House Select Committee on the January 6 Attack after it was revealed that his wife had supported efforts to overturn the 2020 election results.
In the coming weeks, the court is set to rule on Trump's claim that he has immunity in his federal election interference case and in a separate case regarding whether January 6 defendants should be charged with obstructing an official proceeding.
Despite four ongoing criminal cases, Trump is the presumptive Republican nominee to face Biden in November.
"The court is in an ethical crisis of its own making, and Justice Alito and the rest of the court should be doing everything in their power to regain public trust," said Durbin. "Supreme Court justices should be held to the highest ethical standards, not the lowest."
The senator added that the latest reporting offers new proof that Congress must pass the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act, which would create an enforceable code of conduct for the high court.
Indivisible co-executive director Ezra Levin applauded Durbin's call and said the news about Alito's flag "just confirms what we already knew: that the Supreme Court is stacked with far-right, partisan justices intent on using the bench to institutionalize MAGA extremism."
"This behavior is disqualifying for a Supreme Court justice," said Levin. "Alito is not an impartial arbiter of the law, especially when Donald Trump is involved. His brazen actions underscore the urgent need for increased congressional oversight of the court as well as structural reforms to restore its legitimacy."
Levin also called on Durbin to use his committee leadership position to "rigorously investigate corruption on the court and lead efforts to expand the court to unrig the MAGA supermajority."
Devin Ombres, senior director for courts and legal policy at the Center for American Progress, said Alito's display of the flag was a "matter-of-fact admission of his partisan sympathy with Donald Trump's 'Stop the Steal' movement, which led to the violent insurrection on January 6."
"His pathetic excuse that his wife hung the flag as part of a political dispute with a neighbor is even more damning because he's admitting it was a partisan act," said Ombres. "It's unacceptable that Alito now sits in judgment of whether Trump's actions deserve the imprimatur of presidential immunity. Chief Justice John Roberts and the other justices must demand Alito's recusal from any case related to the January 6 insurrection. If Alito had any sense of propriety or humility, he would resign."
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