A Federal Judge Says Trump Knowingly Endorsed False Fraud Claims in an Election Lawsuit

“Former President Donald Trump’s reaction to the 2020 election arguably violated several federal and state laws. But any effort to prosecute him for those alleged violations would face the possibly insurmountable challenge of proving criminal intent.
Given Trump’s long history of embracing self-flattering assertions at odds with reality, it seems plausible that he sincerely believed, despite all the countervailing evidence, that the election was subverted by systematic fraud. If so, his various efforts to prevent Joe Biden from taking office would have been, from his perspective, attempts to correct a grievous wrong rather than attempts to illegally obstruct the peaceful transfer of power.

The select committee investigating the January 6, 2021, Capitol riot showed that people close to Trump recognized who had actually won the election and tried to dissuade him from embracing wild conspiracy theories to the contrary. But that testimony did not conclusively prove that Trump privately agreed with those advisers even while publicly promoting the stolen-election fantasy. A recent ruling by a federal judge in California supplies further evidence to support that interpretation, suggesting that Trump knowingly submitted false claims about election fraud in Georgia as part of a federal lawsuit.”

“Carter ruled that the crime-fraud exception applies to four emails related to Trump and Eastman’s “knowing misrepresentation of voter fraud numbers in Georgia when seeking to overturn the election results in federal court.” Carter says the emails indicate that Trump made those claims even though he knew they had been discredited.

In a state lawsuit filed on December 4, 2021, Carter notes, “President Trump and his attorneys alleged…that Fulton County improperly counted a number of votes,” including “10,315 deceased people, 2,560 felons, and 2,423 unregistered voters.” When they decided to file a federal lawsuit challenging the election results, Trump and his lawyers “discussed incorporating by reference the voter fraud numbers alleged in the state petition.” But in a December 30 email, Eastman “relayed ‘concerns’ from President Trump’s team ‘about including specific numbers in the paragraph dealing with felons, deceased, moved, etc.'”

The next day, Eastman elaborated on those concerns: “Although the President signed a verification for [the state court filing] back on Dec. 1, he has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate. For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate.”

Trump apparently was unfazed. “President Trump and his attorneys ultimately filed the complaint with the same inaccurate numbers without rectifying, clarifying, or otherwise changing them,” Carter writes. “President Trump, moreover, signed a verification swearing under oath that the incorporated, inaccurate numbers ‘are true and correct’ or ‘believed to be true and correct’ to the best of his knowledge and belief.”

In other words, Carter says, “the emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public.” The emails therefore “are sufficiently related to and in furtherance of a conspiracy to defraud the United States.””

You’re Wrong About Disinformation

“People believe and say things that aren’t true all of the time, of course. When false beliefs influence the outcomes of major elections or, say, decision making during a pandemic, it’s reasonable to consider ways to minimize the ill effects those false beliefs can create. But efforts by public officials to combat them—and tremendous confusion over how to identify them—may well make things worse, not better.”

There Is More Than One Big Lie

“There’s a mountain of baseless overlapping claims piled up inside the stultifying biodome of the Big Lie: voters casting multiple ballots, dead people voting, ballot-counting machines flipping votes, foreign nations hacking systems to swap totals. The Big Lie is an à la carte conspiracy theory — a bit like QAnon in that respect — where adherents pick and choose what sounds right to them and disregard what doesn’t. Each individual who believes the Big Lie has their own suspicions about what took place, a personal recipe of different conspiracies to nourish their belief that the election was illegitimate. In right-wing chat groups on the messaging app Telegram, these theories are traded as casually as chats about the weather.”

“Every iteration of the Big Lie, though, is wrong. The ones in the darkest corner of the Internet? Wrong. The ones brought forward in lawsuits by the Trump campaign? Wrong. The ones already debunked by news sources? Still wrong. There is no evidence of widespread fraud in the 2020 election.
Still, polling gives us a glimpse of the most popular theories on the Big Lie menu. Last summer, a YouGov/CBS News poll asked voters who thought there had been widespread voter fraud and irregularities in the 2020 election exactly what they thought had happened. They were asked about various sources of voting and how much of the voter fraud came from those sources, either “a lot of it,” “some of it” or “hardly any or none.”

Seventy-seven percent said “a lot” of voter fraud and irregularities had come from ballots cast by mail, and 70 percent said a lot of it had come from voting machines or equipment that were manipulated, but just 22 percent said a lot of the fraud had come from ballots cast in person. Racism also appeared to inform a lot of thinking around the Big Lie: 72 percent said a lot of the fraud had come from ballots cast in major cities and urban areas, compared with 22 percent and 14 percent who said a lot of it had come from suburbs and rural areas, respectively. And 39 percent of those who believed voter fraud was widespread said “a lot” of fraud had come from ballots cast in Black communities, while 25 percent said so for white communities and 27 percent said so for voters in Hispanic communities.”

“When they asked Americans to compare hypothetical political candidates, Republican voters favored candidates who embraced the Big Lie by an average of 5.7 percentage points to candidates who accurately said Trump lost the election. This suggests that the Big Lie is not going anywhere soon and that it will have a meaningful sway on elections. Already we’ve witnessed the Big Lie being wielded as a campaign tool by Republican candidates across the country, demonstrating the power of this belief among the party’s voters.

And as polls continue to capture the millions of Americans who endorse the Big Lie, precisely what they believe matters less than how that belief influences their actions.”

Scientists Fight a New Source of Vaccine Misinformation: Aaron Rodgers

““Aaron Rodgers is a smart guy,” said David O’Connor, a virus expert at the University of Wisconsin-Madison and a Packers fan. But, he added, “He’s still vulnerable to the blind side blitz of misinformation.”

In the interview, Rodgers suggested that the fact that people were still getting, and dying from, COVID-19, meant that the vaccines were not highly effective.

Although imperfect, the vaccines provide extremely strong protection against the worst outcomes of infection, including hospitalization and death. Unvaccinated Americans, for instance, are roughly 10 times more likely to be hospitalized and 11 times more likely to die from COVID-19 than vaccinated Americans, according to a study by the Centers for Disease Control and Prevention.

“As far as the people who are in the hospital with COVID, overwhelmingly, those are unvaccinated people,” said Angela Rasmussen, a virus expert at the Vaccine and Infectious Disease Organization at the University of Saskatchewan. “And transmission is being driven overwhelmingly by unvaccinated people to other unvaccinated people.”

Rodgers also expressed concern that the vaccines might cause fertility issues, a common talking point in the anti-vaccine movement. There is no evidence that the vaccines affect fertility in men or women.

“Those allegations have been made since the vaccines first came on the scene, and they clearly have been addressed many, many times over,” said Dr. William Schaffner, a vaccine expert at Vanderbilt University. He added, “The vaccines are safe and stunningly effective.”

There are a few potentially serious adverse events that have been linked to the vaccines, including a clotting disorder and an inflammation of the heart muscle, but they are very rare. Experts agree that the health risks associated with COVID-19 overwhelmingly outweigh those of vaccination.

Rodgers said he ruled out the mRNA vaccines, manufactured by Pfizer and Moderna, because he had an allergy to an unspecified ingredient they contained.

Such allergies are possible — a small number of people are allergic to polyethylene glycol, which is in the Pfizer and Moderna vaccines — but extremely rare. For instance, there were roughly 11 cases of anaphylaxis, a severe allergic reaction, for every 1 million doses of the Pfizer vaccine administered, according to one CDC study.

The public health agency recommends that people with a known allergy to an ingredient in one of the mRNA vaccines not get those vaccines, but some scientists expressed skepticism that Rodgers truly had a known, documented allergy. Even if he did, he may have been eligible for the Johnson & Johnson vaccine, which relies on a different technology.”

Sidney Powell Says She’s Not Guilty of Defamation Because ‘No Reasonable Person’ Would Have Believed Her ‘Outlandish’ Election Conspiracy Theory

“After passionately and persistently telling her tall tale of a stolen election last year, Powell is now arguing that only a fool would have taken her at her word.”

“Powell claimed over and over again that Dominion rigged voting machines to manufacture “millions” of votes for Joe Biden. She fingered a specific Dominion executive as largely responsible for the scheme, claimed the plot had its roots in fraud-facilitating software that had helped keep Venezuelan strongman Hugo Chavez in power, and said China, Cuba, and George Soros were also in on it. But “no reasonable person would conclude that the statements were truly statements of fact,” Powell says in her motion to dismiss the lawsuit.

Powell thus implies that Trump and the millions of supporters who still believe he actually won the election, thanks in no small part to the fantasy she concocted, do not count as reasonable people. Fair enough, I suppose, although one might question the wisdom of throwing them all under the bus if Powell hopes to continue profiting from their credulity. But why does Powell purport to be surprised by the fact that so many Trump followers believed her?”

“Since Powell was making political statements, she implies, she had a license to lie. After all, political rhetoric “is often vituperative, abusive and inexact,” and “political statements are inherently prone to exaggeration and hyperbole.” Here she is quoting the Supreme Court and the 9th Circuit, respectively, although I’m not sure those observations can be stretched to cover a baroque conspiracy theory that includes many specific factual claims. When someone says Biden stole the election with help from a voting technology company that was determined to deny Trump a second term no matter how many laws it broke in the process, she has ventured far beyond hyperbole and inexactitude.
Powell also argues that the preposterousness of her allegations should protect her from civil liability for damaging Dominion’s reputation. “Plaintiffs themselves characterize the statements at issue as ‘wild accusations’ and ‘outlandish claims,'” she notes. “They are repeatedly labelled ‘inherently improbable’ and even ‘impossible.’ Such characterizations of the allegedly defamatory statements further support Defendants’ position that reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process.””

The fantasy-industrial complex gave us the Capitol Hill insurrection

“American insurrectionists, for the first time in the history of this country, stormed the US Capitol on Wednesday. Offices were vandalized. Windows were broken. Statues toppled. A woman was shot and killed. Four others have reportedly died, including a Capitol Police officer. It was ugly, embarrassing, and seditious.

But it wasn’t surprising.

We’ve been inching, inexorably, toward this moment for years. I know this because I’ve spent an inordinate amount of time over the course of this presidency thinking and writing about what you might call the “epistemic crisis” or the “post-truth crisis” or the “misinformation crisis” — it all refers more or less to the same thing.

The American mind, or a sizable chunk of it at least, has been deranged by a poisoned information system. The way millions of citizens learn about the world, the way they form core beliefs, is irredeemably broken. And because the media environment has been blown apart by digital technology, “there is no longer any buffer between mainstream thought and the extreme elements of our politics,” as Politico’s Tim Alberta put it recently.

If the depth of that crisis wasn’t apparent before Wednesday, it sure as hell is now.”

“The road to this dark place was paved by lots of hands over many years. But the evolution of right-wing media into a fantasy-industrial complex is at the center of the story.

Propaganda has always been a bipartisan game, but media-driven polarization has become more asymmetric in recent years. The left mostly receives its news from organizations like the New York Times, the Washington Post, or cable news networks like MSNBC or CNN. However biased some of this reporting can be (and there’s plenty of bias), most of it is anchored by basic journalistic ethics.

This just isn’t true on the right. A 2018 book called Network Propaganda by three Harvard researchers is probably the best survey on this disparity, and it shows that American conservative media functions very much like a closed system, with Fox News at the center (at least until recently). The people who inhabit this system rarely collide with information beyond it, and the competition within it — on the supply side — is continually intensifying in order to meet the demand from audiences consuming the high-stakes narratives. As Brian Stelter, longtime media reporter and author of Hoax, told me in November, anchors at Fox are now struggling “to keep up with their viewers’ demand for propaganda.””

“Consumers of this stuff have been fed a daily diet of conspiracies and panicked claims about the death of the republic and the plot to steal the election.”

“If you watch Newsmax and OAN every night, if you listen to talk radio hosts like Mark Levin claim that “Our Declaration of Independence and Constitution are being destroyed by the Democratic Party and the media,” if you hear Sean Hannity (whose show pulls in 4 million viewers a night) insist, “We have a duty to investigate every legitimate claim of fraud and abuse,” if you’re inhaling QAnon fantasies online, you’re likely extremely deluded about the state of the world. Is it any surprise that we’re living in a golden age of conspiracy theories?

The president himself is the most consequential consumer of this stuff. Listen to his leaked hour-long call with Georgia Secretary of State Brad Raffensperger and you’ll hear a hodgepodge of familiar conspiracy theories about hacked voting machines and forgeries and collusion among various election officials. It’s all laid out and distilled, just as you’d hear it on Newsmax or read on 4chan or Parler, the right-wing alternative to Twitter.

All these fictions have coursed through the conservative media ecosystem, and the insurrectionists who flooded the Capitol have imbibed it for months. It’s why they chanted, “Stop the steal,” and it’s why you can hear them saying, “They don’t get to steal it from us, they don’t get to tell us we didn’t see what we saw.” And it’s why something like 70 percent of Republicans do not believe the 2020 election was free and fair.

So we reached this precipice because millions of Americans have had a firehose of falsehoods blasted into their brains for months on end. They believe the election was rigged and stolen. And they believe that because they’ve been told exactly that, not just by the president but by a vast network of grifters and online provocateurs and political entrepreneurs who have cultivated and reinforced conspiracy theories about the election and god knows what else.

And all of this is facilitated by social media platforms like Facebook and Twitter, both of which, as Warzel told me last year, pretend they’re not “arbiters of truth” and insist they “don’t want to weigh in at all” — but they’re already in that position and have been for a long time. These tech companies may not be putting their thumbs on the scale in the conventional sense, but as Andrew Marantz, author of Antisocial, pointed out to me in a recent interview, they’re “outsourcing those decisions to algorithms” that continually push users into blackholes of mutually reinforcing content. Whatever their intentions, these companies helped lead us to this moment.”

“If you believed — I mean really believed — that the president you supported won a landslide victory that was systematically undermined by seditious Republicans and Democrats, and that that conspiracy was being covered up by a crooked and compromised media, and at the same time you saw over 100 Republican House members and multiple senators questioning the validity of the election, and the president was telling you to do something about it, it’s not hard to see how quickly you might move from shitposting online to storming the Capitol.”

“Everyone who participates in this system of misinformation shares responsibility for what happened at the Capitol on Wednesday. We are reaping what they sowed. Still, Tucker Carlson goes on Fox News primetime hours after a violent assault on the Capitol and, naturally, casts blame elsewhere: “We got to this sad, chaotic day for a reason. It is not your fault; it is their fault.””

“It was obvious when a man walked into a DC pizza shop in 2017 with a gun because he believed a conspiracy theory about Hillary Clinton running a child sex ring. It was obvious when armed protesters occupied the Michigan Legislature to protest Covid-19 lockdowns after an incendiary Trump tweet. It was obvious when we learned the Nashville bombing suspect reportedly believed in various conspiracy theories about aliens and lizard people. As this Wall Street Journal report shows, it was obvious in recent weeks as various watchdog groups warned of growing threats online. And it’s painfully obvious now after we saw the Capitol ravaged by rioters who believed, without any evidence, that an election had been stolen from them.”

“Every member of the Republican Party — from senators like Josh Hawley and Ted Cruz to the toadies working in the Trump White House — bear special responsibility for this crisis. They’ve known exactly who and what Trump is from the start, and they rode the tiger straight into the abyss.

And so many of them performed this ridiculous two-step, parroting Trump’s nonsense in one breath and winking quietly while doing it. Even on Thursday, before the dust has settled at the Capitol, Republican House members like Paul Gosar (AZ) and Matt Gaetz (FL) are spreading baseless conspiracy theories suggesting the assault was some kind of “false flag” perpetuated by antifa. And despite everything that happened in the past 48 hours, nearly 150 Republican lawmakers formally objected to the election results anyway.

If the fantasy-industrial complex churning out lies and conspiracy theories wasn’t bad enough, we’re also dealing with a much more pervasive problem in the press. As I tried to explain last year, we’re facing a new form of propaganda that wasn’t really possible until the digital age, something known as “flooding the zone with shit.” It’s less about perpetuating alternative realities and more about overwhelming the public with so many competing narratives, so much misinformation, that even well-intentioned people don’t know what to believe.”

“Without some kind of reckoning in right-wing media, there is no sustainable path forward for the country. And even if the complicit pull back from the brink, it’s probably too late anyway. So much of the damage is already done. The conspiracy theories that radicalized that mob are already out there, already implanted in millions of minds. Like some kind of political pathogen, they will keep working their will on the body politic.

That is our hell for the foreseeable future.”

Trump’s Crazy and Confoundingly Successful Conspiracy Theory

“Trump is not making a narrow, surgical, legally feasible case to enhance his chances to still be living in the White House come January 21. (That’s … improbable.) He’s not doing this, either, to win the argument. (It’s almost mathematically impossible.) He’s doing it, say political strategists, longtime Trump watchers and experts on authoritarian tactics, to sow doubt, save face and strengthen even in defeat his lifeblood of a bond with his political base.

And it’s … working. Seven in 10 Republicans, according to a POLITICO/Morning Consult poll earlier this week, believe the election was stolen from their candidate.

It is overall for Trump both a culmination and a continuation: a grand finale of sorts of the past five-plus years, in which he’s relied so much on so much unreality—and also a runway, a kind of topspin toward what’s to come once he leaves Washington, D.C., and presumably decamps to Mar-a-Lago to initiate a post-presidency that is all but assured to be unlike any other. The stakes are sky-high, and the collateral damage to America’s democracy could be lasting and profound, but Trump is doing what Trump has always done. He’s spinning a myth to serve his own interest. He’s doing what he believes he needs to do to put at least himself in the best possible position for the future after yet another failure.”

Can populist economics coexist with pro-immigrant policies?

““When we decide how much to redistribute, how progressive the tax should be, the thinking is: I’m putting some weight on everyone in the economy, measuring how much I value $1 given to Dylan, $1 given to Stefanie,” Stantcheva told me, laying out the model. “The weight we put mentally depends on many characteristics of those people: how poor they are, how hard they work, etc.”

Voters often put a lower weight on immigrants’ welfare, which means the more immigrants they think are getting money from the government, the less likely they are to support redistribution overall. But the picture is more complicated than that. Alesina and Stantcheva’s model also assumes that voters put a low weight on “freeloaders”: people they perceive to be cheating the welfare system, as opposed to the “deserving poor,” who are getting benefits they ought to be receiving. If voters think that a higher share of immigrants than natives are freeloaders, that will also reduce support for redistribution.

“Misperceptions and biases against immigrants can interact and reinforce each other,” Alesina and Stantcheva write. “If the bias against immigrants is already high … even a small over-estimation of the share of free-loaders among immigrants can tilt preferences towards less redistribution. Similarly, if the bias against immigrants is high (or if the perceived share of free-loaders is high), even a small overestimation of the share of immigrants can reduce support for redistribution.”

And what their survey work with Armando Miano finds is that these kinds of misperceptions are incredibly common, and especially common among people disposed negatively toward immigration.”