Lindsey Graham’s surprisingly complex Supreme Court case about Trump’s Big Lie, explained

https://www.vox.com/policy-and-politics/2022/10/28/23425364/supreme-court-lindsey-graham-donald-trump-big-lie-georgia-fulton-county-fani-willis

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.””

Republican Nominees In 40 States Think The 2020 Election Was Stolen. Here’s Why That Matters.

“Almost 200 Republicans who are on the ballot in November 2022 believe that President Biden’s win in the 2020 election was illegitimate. But the 2020 election is over, it can’t be undone — so why is this such a big deal? If a Republican thinks the 2020 election was stolen despite multiple investigations finding no evidence of widespread voter fraud, they might not accept the results of the 2024 election, either. And if they’re elected this November, they will be in a position to influence, and potentially overturn, the next presidential election.”

Opinion | Alex Jones and the Lie Economy

“These damages and those likely in other cases look like backbreakers for Jones. But no, not any more than his banishment from YouTube, Twitter, Facebook and Apple’s App Store. His business empire, far from scuttled, has an estimated value of between $135 million and $270 million. Jones has profited and is likely to continue to profit from his labors in the Lie Economy, the marketplace where gullible viewers are sorted from the skeptical and delivered to advertisers who make the most of their naïveté. The $49.3 million damages awarded are an eyeful, but no sharp legal knife thinks Jones risks paying much more than a fraction of that in this case and others. Despite the awful headlines the case sent up, Jones’ audience seems steadfast. Jones may have lost here, but he’ll continue to win.
To describe Jones as a Lie Economy worker is not to declare false everything he says and broadcasts. Not even his imagination veers to that polar extreme. But a review of his greatest hits attest to the low truth-value of many of his comments.”

“Jones isn’t the only entrepreneur working the Lie Economy angle. Fox News Channel and its bastard offspring Newsmax and OAN excel at pushing half-truths that stimulate viewer appetite for more outlandish morsels. Tucker Carlson would have you believe that Jan. 6 was a false flag operation. Sean Hannity pushed a baseless conspiracy theory about the murder of Seth Rich. The channel hyped ivermectin as a Covid treatment and drenched its audience in bogus coverage about the “stolen election.” Again, not everything aired on these channels can be dismissed as lies any more than the notion that Jones broadcasts lies only. But the steady stream of spurious segments they do air seems designed to hook accepting viewers whose attention can then be sold to advertisers. Unlike Jones, Fox News commands a more varied advertiser base, including blue-chip companies. But health supplements and pain relief products appear in a recent ranking of its top 10 biggest advertisers. The frequency of ads for gold, testosterone, reverse mortgages and a home-title lock product (pitched by Rudy Giuliani!) on Fox and its neighboring channels remind one that shrewd audiences aren’t the primary target.”

At Least 120 Republican Nominees Deny The Results Of The 2020 Election

“Since the 2020 election, millions of Republican voters have accepted former President Donald Trump’s false claim that the presidential election was stolen from him. And now, here in 2022, many Republican politicians have capitalized on this lie and have won elections of their own.

This election cycle, FiveThirtyEight is tracking the views of every Republican candidate for Senate, House, governor, attorney general and secretary of state on the legitimacy of the 2020 election. And now that we’re halfway through the primary season, we can say definitively that at least 120 election deniers have won their party’s nomination and will be on the ballot in the fall.”

4 things we learned from Monday’s January 6 hearing

“Barr, along with other administration officials, described playing “whack-a-mole” with Trump’s false claims of fraud.

Every time one false claim was dispelled, they said, the former president would bring up another. Aides repeatedly intervened to tell Trump that he had lost the election, and described taking each claim seriously, investigating it until they had the facts and reporting back to Trump. Former acting Attorney General Richard Donoghue described one meeting during which Trump seemed to accept the gathered evidence, but for each conspiracy theory aides were able to explain away, he had another he’d latch onto.

Barr described one popular conspiracy theory around the 2020 election, that it had been rigged by voting machine malfeasance, as “idiotic.” Other Justice Department officials testified that they repeatedly insisted to Trump that other conspiracy theories around the election were simply “not true,” including viral claims of ballot box stuffing in Georgia promoted by Giuliani or Trump’s false claims of “big massive dumps” of illegal votes.

Essentially, the committee suggested, Trump knew or should have known that his lies about the election were, as Barr put it, “bullshit.” But he repeated them anyway, which helped lead to the violence on January 6.”

The January 6 committee calls Trump out for his scams

“In the second January 6 hearing, House lawmakers argued Monday that former President Donald Trump not only engaged in the “big lie” — promoting the false narrative that the election was stolen from him — but also what they dubbed the “big ripoff.” Effectively, they said, Trump conned his supporters into giving him $250 million to contest the election results, while actually funneling many of those funds elsewhere, including to a nonprofit led by former chief of staff Mark Meadows and to Trump’s own hotels.

“We found evidence that the Trump campaign and its surrogates misled donors as to where their funds would go and what they would be used for,” Rep. Zoe Lofgren (D-CA) said in a closing statement for the hearing. “So not only was there the big lie, there was the big ripoff.”

As video testimony from former Trump campaign officials revealed, small-dollar donors were bombarded with emails to donate to an official “Election Defense Fund” in the wake of the 2020 election. Those donors were told that fund was aimed at combating (nonexistent) election fraud. In reality, however, no such fund existed, according to the House committee investigating the January 6, 2021, Capitol riot.

“I don’t believe there was actually a fund called the Election Defense Fund,” Hanna Allred, a former Trump campaign staffer, testified to the committee. Ultimately, the fund was what another staffer categorized as a “marketing tactic” to bring in more money, most of which did not go to election-related litigation.

Instead, many of the funds were directed to a newly created Save America PAC, which has contributed millions to other pro-Trump groups. That includes $1 million to the Conservative Partnership Institute, a charity foundation helmed by Meadows, $5 million to Event Strategies Inc., the vendor that put on Trump’s January 6 rally, and $204,857 to the Trump Hotel Collection.”

How Worrying Are Pro-Trump Gubernatorial Candidates Running on Rigged Election Claims?

“David Perdue cut straight to the chase.

“First off, let me be very clear tonight: The election in 2020 was rigged and stolen,” Perdue said at the beginning of his opening statement during a Republican gubernatorial debate on Sunday night.

It wasn’t just a cheap applause line for the MAGA crowd. It was something more like a thesis statement for Perdue’s campaign. Perdue, a former Republican senator who lost his bid for reelection in 2020, is now running against incumbent Republican Gov. Brian Kemp in the GOP gubernatorial primary in Georgia. And in Perdue’s telling, everything from rising gas prices to illegal immigration and even the U.S. coming “to the brink of war” over Russia’s invasion of Ukraine were the result of Kemp allowing “radical Democrats to steal our election.” Something that he says Kemp was responsible for aiding and abetting.

Kemp, of course, was one of the Republican officials who blocked then-President Donald Trump’s attempt to get state legislatures and governors to overturn the results of the 2020 election. Two weeks after the election, as state officials finalized the results showing that Joe Biden won by about 12,000 votes, Kemp called for tightening voter ID laws in Georgia and making other technical changes in how the state conducts future elections. But he also certified the result of the 2020 election, against Trump’s wishes.

Since then, he’s been a target for Trump, who vowed not long after the 2020 election to boot Kemp from office. Trump has helped Perdue fundraise and has even chipped in $500,000 of his own campaign cash to Perdue’s campaign.”

“Perdue is staking his claim to the governorship on the hope that Republican voters are motivated primarily by the former president’s delusions and rage.

But Georgia is hardly the only swing state where this year’s Republican gubernatorial elections are focused on Trump. In Pennsylvania and Arizona, too, Trump-backed candidates who say they believe the 2020 election was stolen are running at or near the top of the polls. If they’re successful, those governors might create major complications for the next presidential election—as they would be in a position to do some of what Kemp, and others, refused to do in 2020: decertify results that go against the Republican nominee.”

“Is this really how Republican voters want to define their party going forward: as little more than a tool for for Trump’s self-serving lies about the 2020 election? These three races will provide an answer—and it might not be one Trump likes, as his preferred candidates are facing difficult paths to winning in November. Perhaps it’s too simple of an explanation, but the average Republican voter is likely not as motivated by Trump’s grievances as Trump himself.”

“it remains unnerving that so many high-profile Republicans—in Perdue’s case, even a former U.S. senator—have decided that the path to political success on the political right requires rallying around a blatant falsehood constructed to serve the political ambitions of a single man.”

“it is a falsehood. Audits and recounts in swing state after swing state failed to turn up evidence of a stolen election—one much-ballyhooed audit conducted by Arizona Republicans actually found that Biden won by a slightly larger margin than originally thought. Dozens of lawsuits filed by the Trump campaign or its supporters alleging voter fraud and anti-Trump conspiracies collapsed in court. The myth of the stolen election lives on as a way to raise money and as a way to snare the endorsement of the most popular man in conservative politics.”

“In a nutshell, this is the worry of liberals, anti-Trump conservatives, and anyone else harboring concerns about rising authoritarianism on the political right: What if this campaign rhetoric translates into official behavior. What happens if elected Republicans begin ignoring their oaths of office and the rule of law to declare illegitimate any election the GOP loses?”

“Arizona, Georgia, and Pennsylvania’s gubernatorial races are rated as “toss-ups” right now. That means characters like Lake, Perdue, and Mastriano will have a decent shot at being elected in the fall (and helped by a political environment that’s shaping up to be favorable to Republicans across the board) if they can win their respective GOP primaries during the spring and summer. And this trend goes beyond those three. In Wisconsin, Republican gubernatorial hopeful Rebecca Kleefisch said this week that she believes the 2020 election was “rigged.” According to Politico, some 57 participants in the January 6 protest are running for office this year—though mostly for lower-level posts.”

“polls say the majority of Republican voters believe, despite massive amounts of evidence to the contrary, that Biden’s victory was not legitimate.”

Town Official Lies, Files Lawsuit When Someone Calls Him a Liar

“The village of Mount Pleasant, Wisconsin, is still dealing with the fallout of the infamous Foxconn deal the state struck in 2017. Former Governor Scott Walker promised the Taiwan-based tech giant $3 billion in state subsidies in exchange for a state-of-the-art factory to be built in Mount Pleasant, and said that the deal would generate 13,000 high-paying jobs.
Four years later, the factory was nowhere near completion, and the company had created merely 1,400 jobs. The state rescinded most of the subsidies, but the Mount Pleasant Village Board, the local governing body, had already authorized bulldozing dozens of homes, including via eminent domain, designating more than four square miles “blighted” to make the land even easier to seize from private owners. It also took on hundreds of millions in debt, leading to the town’s credit rating being downgraded.”

How Putin became the victim of his own lies

“dictators are often victims of the information bubbles they create around themselves. The sorts of errors that are easily avoidable in democratic systems (thanks to various checks) become commonplace in autocracies, and that leads to profound missteps by leaders.”

“It’s a mistake that dictators make where they become the victim of their own lies. To be more specific, it’s what happens when authoritarian leaders make catastrophic short-term errors because they start to believe in the fake realities they’ve constructed around themselves.”

“it’s the story of 22 years of consolidating authority in a place where crossing the dictator is potentially a death sentence. Putin has been in charge for a very long time, and he’s grown increasingly impatient with people who cross him. The effect of getting increasingly isolated and increasingly repressive is that you get increasingly bad information. If independent media is shut down and you can’t freely discuss things, if people are afraid of telling pollsters what they actually think, if propaganda is so rooted in the regime’s survival that it becomes really what you believe to be true, you’re going to make massive mistakes.
I think what happened with Putin is basically the combination of being surrounded by yes-men and being surrounded by propaganda. When you have both of those things, and you’re trying to invade a country that people around you probably think will go badly but they’re afraid to say so, it’s understandable that eventually you start to think, “Maybe it’ll go really well,” because that’s all you’re hearing.”