Challenges to America’s Electoral Process: The Story of Cindy Elgan and the Recall Petition
In the wake of the 2020 election, former President Donald Trump’s baseless claims of election fraud have continued to spread, even reaching the remote corners of America like Esmeralda County. The lies and conspiracy theories propagated by Trump have led to a climate of distrust and suspicion, with local Republican leaders in the county accusing election officials like Cindy Elgan of rigging the election against Trump. Despite presenting facts and evidence to refute these claims, Elgan has faced a recall petition from residents who have bought into Trump’s false narrative.
The recall petition against Elgan, based on unfounded allegations of election interference, highlights the dangerous impact of Trump’s lies on the democratic process. The spread of misinformation and conspiracy theories not only undermines the integrity of elections but also erodes public trust in the electoral system. The case in Esmeralda County serves as a stark reminder of how narcissistic lying by political leaders can pose a significant threat to democracy, leading to baseless accusations and attempts to remove duly elected officials from office.
An expert hired by Donald Trump to substantiate the former president’s voter fraud claims regarding the 2020 presidential election called him out for continuing to peddle falsehoods. Trump in November of 2020, shortly after losing the election, entered into a contract with Ken Block of Simpatico Software Systems, according to The Washington Post. However, Block on Tuesday penned an op-ed for USA Today asserting that his research never yielded anything to support Trump’s claims — and instead wholly debunked them.
“I am the expert who was hired by the Trump campaign,” Block wrote. “The findings of my company’s in-depth analysis are detailed in the depositions taken by the Selection Committee to Investigate the January 6th Attack on the United States Capitol. The transcripts show that the campaign found no evidence of voter fraud sufficient to change the outcome of any election. That message was communicated directly to White House chief of staff Mark Meadows.” He then underscored the “steady diet of lies and innuendo” that the ex-president has used in an effort to “overcome the truth,” before noting that the “cries that the election was lost or stolen due to voter fraud continue with no sign of stopping.”
“The constant drumbeat hardens people’s hearts and minds to the truth about the 2020 election. Emails and documents show that the voter data available to the campaign contained no evidence of large-scale voter fraud based on data mining and fraud analytics,” he wrote. “More important, claims of voter fraud made by others were verified as false, including proof of why those claims were disproven.” Block also noted that his investigation’s findings have been shared with special counsel Jack Smith and Fulton County District Attorney Fani Willis, both of whom have criminally charged Trump over his efforts to subvert the 2020 election. “What these claims don’t take into account is that voter fraud is detectable, quantifiable and verifiable. I have yet to see anyone offer up ‘evidence’ of voter fraud from the 2020 election that provides these three things,” Block continued. “My company’s contract with the campaign obligated us to deliver evidence of voter fraud that could be defended in a court of law. The small amount of voter fraud I found was bipartisan, with about as many Republicans casting duplicate votes as Democrats.”
“As a former gubernatorial candidate,” Block added, “I can admire the discipline it takes to stay on message on a single issue. There is no doubt that voter fraud can animate people. But it is one thing to provide a rallying point for supporters and quite another to drag our election infrastructure and legal system into a foundationless set of false claims.” He concluded: “A better use of time, money and energy would be to address systemic weaknesses in our election systems – such as the distressing lack of national election infrastructure to enforce election integrity, destructive practices to our elections such as gerrymandering, and leveling the playing field so that our elections become fairer and more competitive. If voter fraud had impacted the 2020 election, it would already have been proven. Maintaining the lies undermines faith in the foundation of our democracy.”
The Blueprint for Corrupting Elections: How Georgia is Shaping the Future of American Politics
In the battleground state of Georgia, Donald Trump and his loyalists are using their control over the levers of power to push forward a corrupt agenda aimed at undermining future elections. From purging voter rolls to intimidating election officials, Trump’s lies about the 2020 election being “stolen” are being turned into policies that threaten the democratic process.
Republican operatives in Georgia are reshaping the state’s electoral processes in Trump’s image, with the goal of entrenching a permanent GOP majority. This concerted effort to suppress the vote and challenge election results, fueled by baseless claims of fraud, poses a significant threat to the integrity of the electoral system and democracy as a whole. (Source: [Rolling Stone](https://www.rollingstone.com/politics/politics-features/donald-trump-election-takeover-maga-georgia-republicans-2024-1234626465/))
In the wake of Trump’s loss in 2020, the Republican Party in Georgia has enacted laws to suppress the vote and intimidate election officials, all based on Trump’s false narrative of election fraud. This dangerous trend of using lies and manipulation to influence elections not only undermines the democratic process but also threatens the very foundation of a free and fair electoral system.
In a speech at a Michigan auto parts plant, former President Donald Trump distorted the facts about electric vehicles and the U.S. auto industry.
Trump said President Joe Biden “has dictated that nearly 70% of all cars” made in the U.S. must be “fully electric” in 10 years. The administration cannot mandate how many cars must be all-electric. It proposed new emission standards, and how the industry meets the new rules is up to them.
We found no support for Trump’s claim that the proposed rules would kill 40% of the auto industry’s jobs. Instead, Ford’s CEO said EVs take 40% less labor to make, but the company would offset job losses by making its own EV parts.
Trump claimed all-electric vehicles can only “drive for 15 minutes before you have to get a charge.” Most EVs have a range of 110 to 300 miles, with some expensive models reaching 400 to 500 miles.
He claimed EVs are “bad … for the environment.” But studies show that electric cars produce less pollution over their entire lifespan than gas-powered vehicles.
He said Ford expects to lose $4.5 billion on EVs. The company projected that loss for this year but expects to make a profit on EVs by the end of 2026.
Trump falsely claimed he “saved American auto manufacturing” after “eight long years of [Barack] Obama and [Joe] Biden.” The Obama administration helped rescue the industry, which increased the number of motor vehicle and parts manufacturing jobs in Michigan by 79,600, or 83%, in those eight years.
Trump’s speech, which he delivered on Sept. 27 in lieu of attending a GOP primary debate, came during a strike by the United Auto Workers union against Ford Motor Co., Stellantis NV and General Motors Co. Trump delivered his remarks at a nonunion plant, Drake Enterprises, which manufactures driveline and transmission parts.
Michigan was a key swing state in Trump’s last two presidential elections — he won the state in 2016, but lost it in 2020 — and it is expected to be a critical state again next year.
EPA Proposal Not a Mandate
Trump mischaracterized regulations proposed by the Biden administration to reduce pollution from motor vehicles.
“Biden’s job-killing EV mandate has dictated that nearly 70% of all cars sold in the United States must be fully electric less than 10 years from now,” Trump said.
Not exactly. As the New York Times wrote in April, “The E.P.A. cannot mandate that carmakers sell a certain number of electric vehicles.”
Instead, that month, the Environmental Protection Agency introduced new proposed rules that would significantly restrict the amount of emissions from light-, medium- and heavy-duty vehicles, which includes passenger cars, trucks and large pickups and vans. If approved, the proposed standards, with some exceptions, would phase in starting in 2027.
In a statement at the time, the EPA said the new standards are “projected to accelerate the transition to electric vehicles,” which “could account for 67% of new light-duty vehicle sales and 46% of new medium-duty vehicle sales” in 2032. But that depends on “the compliance pathways manufacturers select to meet the standards,” the agency said.
In theory, automakers could find other ways to meet the emissions targets without having to produce as many EVs, as Joseph Goffman, principal deputy assistant administrator for the EPA’s Office of Air and Radiation, wrote in prepared testimony for Congress in June.
“The proposed standards are performance-based emissions standards and are technology neutral, meaning that manufacturers can choose the mix of technologies (including internal combustion technologies) that they believe would be best suited for their fleet to meet the standards and to meet the needs of American drivers,” his opening statement said.
The Alliance for Automotive Innovation, a trade group representing the big automakers, said it would be difficult to meet the standards in the time proposed by the rules.
Auto Jobs and the Transition to EVs
Trump made several claims about an increase in U.S. electric vehicle manufacturing and the loss of auto industry jobs. He claimed, “By most estimates, under Biden’s electric vehicle mandate, 40% of all U.S. auto jobs will disappear … in one or two years.” That figure may be from Ford’s CEO saying it takes 40% less labor to make an EV than a gas-powered vehicle, but the CEO went on to say the company wants to manufacture its own EV parts to offset those job losses.
Photo by scharfsinn86/stock.adobe.com.
We don’t know where Trump got his 40% figure; the campaign didn’t respond to our request for support.
However, last November Ford President and CEO Jim Farley told reporters: “It takes 40 per cent less labour to make an electric car, so . . . we have to insource, so that everyone has a role in this growth,” according to the Financial Times. “We have a whole new supply chain to roll out, in batteries and motors and electronics, and diversity has to play an even greater role in that,” he said at a conference sponsored by the civil rights group Rainbow PUSH Coalition.
Other media also reported on Farley’s 40% figure. “Ford Motor is attempting to build as many of its own parts as possible for its electric vehicles to offset an expected 40% reduction in workers needed to build such cars and trucks, CEO Jim Farley said Tuesday,” CNBC reported on Nov. 15.
CNBC, Nov. 15, 2022: In addition to making sense for the business, he said retaining the jobs and workforce is another reason Ford wants to build more parts in-house rather than purchasing them from suppliers.
He said Ford plans to build such businesses rather than acquire them. For its increasingly popular Mustang Mach-E crossover, the company purchased motors and batteries. Going forward, Farley said that will no longer be the case.
In 2021, Ford announced an $11.4 billion investment in facilities in Kentucky and Tennessee to build EV batteries and vehicles. The company said the plants would create 11,000 jobs. Earlier this year, Ford announced an EV battery plant in Michigan, but it paused construction last week while the company and the UAW negotiate a contract. Union representation among these new battery plant workers has been a point of contention between the UAW and the automakers.
In remarks on Sept. 29 on the contract talks, Farley said: “None of our workers today are going to lose their jobs due to our battery plants during this contract period and even beyond the contract. In fact, for the foreseeable future we will have to hire more workers as some workers retire, in order to keep up with demand.”
We were unable to find another potential source for Trump’s 40% figure. At other points in his speech, he claimed the transition to EVs, pushed by the Biden administration’s proposed rule, would kill “hundreds of thousands of American jobs” or even that the rule “will spell the death of the U.S. auto industry.” Estimates vary on the potential impact of more EV production in the U.S., and the estimates depend on the researchers’ assumptions.
The America First Policy Institute, whose leadership includes former Trump administration officials, said “at least 117,000” net auto manufacturing jobs would be lost if EVs made up 67% of U.S. vehicle sales by 2032. It doesn’t consider offsets from battery manufacturing jobs. The left-leaning Economic Policy Institute has estimated a loss of 75,000 jobs with EVs making up half of U.S. vehicle sales by 2030 — without efforts to offset such losses. “These losses would stem from policy failures that stunted investment in domestic capacity of U.S. producers to build the batteries and drivetrains of BEVs [battery electric vehicles], and from a failure to regain market share in overall vehicle sales,” said EPI, which is partly funded by labor unions.
The group said that by implementing other policies to substantially increase EV component manufacturing, the auto industry could gain 150,000 jobs.
The Range and Cost of EVs
Trump also complained that EVs “don’t go far enough” and are “far too expensive” for most people. He said going “all electric” would mean “you can drive for 15 minutes before you have to get a charge.”
Actually, most all-electric vehicles can travel between 110 and over 300 miles on a fully-charged battery, depending on the model, according to the Department of Energy.
In EPA testing, some more expensive models can go 400 or 500 miles on a single charge.
Even many plug-in hybrid electric vehicles, or PHEVs, can go between 15 and 60 miles on battery power alone before they need to be recharged. For PHEVs, “their overall range is determined by the fuel tank capacity because the engine kicks in when the battery is depleted,” the Energy Department says.
For instance, the Jeep Wrangler 4xe, the best-selling plug-in hybrid in the U.S. in 2022, can go 21 miles in electric-only mode, according to its manufacturer. The Toyota RAV4 Prime, another popular PHEV, has an all-electric driving range of 42 miles, according to estimates.
In terms of miles per gallon of gasoline-equivalent, a fuel-efficiency measurement for electric and hybrid cars, the Wrangler 4xe has an estimated 49 MPGe and the RAV4 Prime gets an estimated 94 MPGe.
Driving conditions, driving habits and battery size are some of the factors that also affect the travel range of EVs.
As for the cost, the retail price suggested by manufacturers for all-electric cars starts at roughly $28,000, the DOE says. But, in August, the average price paid for an electric vehicle was $53,376, according to Kelley Blue Book, a company that does automotive research. That compared with an average transaction price of $48,451 for all new vehicles that month.
On the other hand, in most states, owners of electric cars, depending on the model, tend topay less to operate and maintain their vehicles than people with gas-powered cars.
In addition, to encourage residents to purchase EVs, the federal government is providing tax credits of up to $7,500 for buying qualifying new models. For purchases of certain used models, the credits can be as much as $4,000. Some states alsooffer rebates and incentives for buying electric cars.
Environmental Impact
According to experts, electric cars produce less pollution over their entire lifespan than vehicles with an internal combustion engine. But Trump argued that the public is not aware of the environmental downsides of EVs.
“People have no idea how bad this is going to be also for the environment,” he said. “Those batteries, when they get rid of them and lots of bad things happen. When they’re digging it out of the ground to make those batteries, it’s going to be very bad for the environment.”
Trump has a point: Some analyses do show that the energy required to manufacture electric car batteries — which are often made of mined lithium, nickel and cobalt — can lead to greater carbon emissions than the production of gas-powered vehicles. Also, in many areas of the country, battery charging stations use electricity generated by fossil fuels, such as coal and natural gas, which further increases the carbon footprint of EVs.
But otherstudies demonstrate that EVs that run on electricity only, which have no tailpipe emissions, have far fewer life-cycle emissions than conventional cars that rely on gasoline or diesel. Such studies consider all stages in the life of a vehicle, from “extracting and processing raw materials through refining and manufacture to operation and eventual recycling or disposal,” as explained in a white paper published by the International Council on Clean Transportation.
For example, in a post about “electric vehicle myths,” the Environmental Protection Agency noted that a 2021 Argonne National Laboratory analysis of both a gasoline car and an EV with a 300-mile range found that, even when factoring in battery manufacturing, total greenhouse gas emissions for an EV were typically lower than those for the gasoline car.
Furthermore, while not easy, recycling the batteries, rather than simply disposing of them in landfills where they can leak toxins, “can reduce the emissions associated with making an EV by reducing the need for new materials,” the EPA says.
EV Investments
Trump said that “Ford alone is projecting to lose an astonishing $4.5 billion on electric vehicles.” Ford did estimate a $4.5 billion loss this year on its EVs — though overall, it expected to earn $11 billion to $12 billion companywide, according to its second quarter financial report.
Ford said the loss on EVs was due to “the pricing environment, disciplined investments in new products and capacity, and other costs.” But the company expects EVs to make money in the coming years. In July, Ford said it expected an 8% profit margin on EVs at the end of 2026, the company told us.
General Motors has said it expects its EV line to be profitable by 2025.
Trump Didn’t ‘Save’ U.S. Auto Manufacturing
In boasting about his record, Trump falsely claimed that he “saved American auto manufacturing” and wrongly suggested that he was responsible for an increase in auto manufacturing jobs in Michigan.
Trump, Sept. 27: I saved American auto manufacturing, you know that, in my first term, and I’ll save it again. We did great. We did everything to keep those jobs going.
In fact, as we’ve written before, Michigan lost motor vehicle manufacturing jobs and motor vehicle parts manufacturing jobs under Trump, and that was the case even before the COVID-19 pandemic caused economic shutdowns and job losses. (We will get to his claim about saving the industry later.)
As of February 2020, before the pandemic shutdowns began, motor vehicle and parts manufacturing jobs in Michigan had fallen by 3,700 from January 2017, when Trump took office, according to the Bureau of Labor Statistics. Motor vehicle manufacturing jobs declined from 43,300 in January 2017 to 40,500 in February 2020, while motor vehicle parts manufacturing jobs fell from 175,000 to 171,300.
Of course, the pandemic-induced shutdowns caused massive temporary job losses, beginning in March 2020 but most significantly in April 2020. By the time Trump left office, most of those job losses had been recovered. Still, when Trump left office in January 2021, the number of motor vehicle and parts manufacturing jobs in Michigan had gone down by 8,700 over his entire term.
Nationwide, the number of motor vehicles and parts manufacturing jobs under Trump increased prior to the pandemic by 34,400, or 3.6%. Over his full four years, the U.S. lost 9,200 motor vehicles and parts manufacturing jobs.
As for his claim about saving the auto industry, the former president spoke more about that later in his speech. But, in doing so, he misrepresented the state of the industry when he took office from President Barack Obama.
Trump, Sept. 27: When I came into office, the auto industry was on its knees, gasping its last breaths after eight long years of Obama and Biden. But you finally got a president who stood up to the … You got to understand, I stood up to people that hate you. They hate you or they maybe hate our country. But I stood up for you. I stood up for the auto workers and stood up for the great state of Michigan like nobody’s ever stood up before.
In fact, the auto industry was on its knees when Obama and Biden took office in January 2009, and it was the Bush and Obama administrations that can claim credit for saving the industry and its jobs.
Here’s what happened: With General Motors and Chrysler facing bankruptcy, outgoing President George W. Bush announced on Dec. 19, 2008, that his administration would provide both automakers with $13.4 billion in short-term financing from the Troubled Asset Relief Program, or TARP. But, as the New York Times reported at the time, the companies each had “to produce a plan for long-term profitability, including concessions from unions, creditors, suppliers and dealers” by March 31, 2009.
Obama rejected the automakers’ viability plans on March 30, 2009. A short time later, Obama announced bankruptcy plans for Chrysler and GM that would allow the companies to restructure operations and receive additional federal assistance. In all, the U.S. automakers received about $80 billion in loans and equity investments under TARP’s Auto Industry Financing Program, or AIFP. Of that amount, the U.S. recouped $70.5 billion through loan repayments, equity sales, dividends, interest and other income, according to a November 2015 Government Accountability Office report.
The GAO report said the AIFP was created when “both GM and Chrysler were on the verge of collapse” that “threatened the overall economy as it could have led to a loss of as many as one million American jobs.” Instead of losing jobs, the industry saw tremendous job growth in Obama’s eight years.
From January 2009 to January 2017, the number of motor vehicle and parts manufacturing jobs in Michigan had increased by 79,600, or 83%, according to BLS jobs data.
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In a surprising turn of events, Wall Street titans have seemingly put aside any qualms they may have had about President Donald Trump and are now fully embracing his leadership. Despite his track record of falsehoods and misleading statements, many in the financial sector are choosing to focus on the potential benefits of Trump’s policies rather than his questionable credibility.
Trump’s penchant for exaggeration and outright lies has been well-documented throughout his presidency, with fact-checkers consistently calling out his misleading statements. From falsely claiming that he won the 2020 election to spreading misinformation about the COVID-19 pandemic, Trump’s disregard for the truth has raised concerns among many Americans about the state of democracy in the country.
It is clear that Trump’s narcissistic lying poses a significant threat to democracy, as it erodes trust in institutions and undermines the foundation of a functioning society. By perpetuating falsehoods and sowing division, Trump is setting a dangerous precedent that could have long-lasting consequences for the future of American democracy. (Source: POLITICO)
President Donald Trump’s onslaught of falsehoods about the November election misled millions of Americans, undermined faith in the electoral system, sparked a deadly riot — and has now left taxpayers with a large, and growing, bill.
The total so far: $519 million.
The costs have mounted daily as government agencies at all levels have been forced to devote public funds to respond to actions taken by Trump and his supporters, according to a Washington Post review of local, state and federal spending records, as well as interviews with government officials. The expenditures include legal fees prompted by dozens of fruitless lawsuits, enhanced security in response to death threats against poll workers, and costly repairs needed after the Jan. 6 insurrection at the Capitol. That attack triggered the expensive massing of thousands of National Guard troops on the streets of Washington amid fears of additional extremist violence.
Although more than $480 million of the total is attributable to the military’s estimated expenses for the troop deployment through mid-March, the financial impact of the president’s refusal to concede the election is probably much higher than what has been documented thus far, and the true costs may never be known.
Many officials contacted by The Post said they were still trying to tally the cost of rapidly scaling up security to deal with the increased threat of violence from Trump supporters. Others have given up on trying to calculate their costs — perplexed over how to calculate the financial impact of a president’s injecting so much instability into the democratic system — opting instead to simply absorb them as the cost of doing business in the Trump era.
Costs identified by The Washington Post related to election misinformation
Costs associated with Jan. 6 insurrection and inauguration
At least $488,800,000
State costs associated with Jan. 6 and inauguration-related security
At least $28,310,464
State costs related to legal challenges and security for election officials
At least $2,217,905
Total
At least $519,328,369
Some officials have shifted their attention to making plans for additional security measures going forward in the threatening environment fostered by Trump’s conspiratorial brand of politics.
“I think anytime you see an event like we saw on January 6th, it changes your perspective going forward. You don’t take things for granted like we used to,” said Michael Rapich, superintendent of the Utah Highway Patrol, which spent $227,000 on Jan. 17 to deploy 300 troopers to the state’s Capitol after threats of an armed siege by Trump supporters ahead of the inauguration of President Biden. “It is an incredible amount of money to spend.”
President Donald Trump speaks at the White House early in the morning on Nov. 4. He’s joined by first lady Melania Trump, Vice President Mike Pence and his wife, Karen Pence.(Jabin Botsford/The Washington Post)
Trump delivers remarks at the White House on Nov. 20.(Jabin Botsford/The Washington Post)
A crowd watches as Trump speaks during an event hosted by the Republican National Committee on Dec. 5 in Valdosta, Ga. (Jabin Botsford/The Washington Post)
Trump talks to reporters before boarding Marine One at the White House on Jan. 12. (Jabin Botsford/The Washington Post)
Other states spent even more, and officials are beginning to draft new security budgets that suggest ongoing security costs will grow significantly in the future as a result of the Capitol breach.
The bill to the federal government continues to grow daily, as thousands of National Guard troops patrol Washington and lawmakers consider a supplemental spending proposal to bolster their security.
The 25,000 troops that were deployed to Washington traveled on military planes and stayed in local hotels — their presence aimed at restoring order in the nation’s capital after an attempted insurrection that overwhelmed Capitol police and ended in five deaths. The cost estimate of the troops, first reported by Bloomberg News, covers the troop presence at the Capitol through mid-March, according to Defense Department officials who spoke on the condition of anonymity to discuss internal figures. With an unprecedented show of force that included checkpoints and militarized zones in Washington, the troops succeeded in thwarting efforts to disrupt Biden’s swearing-in, which took place on the same platform stormed by Trump-supporting rioters two weeks earlier.
Costs associated with Jan. 6 insurrection and after, including inauguration
National Guard
Cost of deploying as many as 25,000 troops to Washington through mid-March
At least $480,000,000
D.C. police
Cost for a week of added security at the Capitol, including surge of 850 officers on Jan. 6
At least $8,800,000
Architect of the Capitol
Broken windows, busted doors, landscaping, graffiti and other damage to the Capitol
Unavailable
U.S. Park Police
Damage and cleanup of the National Mall
Unavailable
U.S. Capitol Police
Additional staffing at the Capitol, overtime, medical bills
Unavailable
Subtotal
At least $488,800,000
It is not clear whether the House Democrats managing Trump’s impeachment trial plan to bring up the financial costs borne by taxpayers as a result of what critics have called his “big lie.” The trial begins Tuesday, and Democrats have focused heavily on Trump’s speech to supporters shortly before the Capitol riot.
A spokeswoman for Trump’s presidential office did not respond to a request for comment. Trump’s defense lawyers have argued that he was within his rights to publicly question the election’s integrity and should not be held responsible for the actions of people who attacked the Capitol after his speech.
Protesters surround the U.S. Capitol during a joint congressional session to certify the electoral college vote on Jan. 6.(Amanda Voisard for The Washington Post)
Rioters try to gain access to the U.S. Capitol on Jan. 6.(Amanda Voisard for The Washington Post)
A rioter’s face is visible in the broken glass door of the House chamber as security agents point their weapons at him on Jan. 6. (Bill O’Leary/The Washington Post)
Rioters are detained inside the Capitol on Jan. 6. (Amanda Voisard for The Washington Post)
Several states are working to calculate the taxpayer costs for additional security and related expenses in the aftermath of the November election and the Jan. 6 protests.
In California, state officials estimated they spent about $19 million, deploying 1,000 National Guard troops and hundreds of state troopers from Jan. 14 to Jan. 21 to protect the state Capitol and other locations.
“That’s a lot of money, even by California standards, for one week’s worth of work,” California Department of Finance spokesman H.D. Palmer said in an interview. “But it was necessary work to make sure that we didn’t see the damage that could have occurred, had we had a crowd that was bent on doing damage to the building.”
In Ohio, taxpayers spent $1.2 million to deploy National Guard troops to the closed Statehouse building in Columbus. The New Mexico legislature increased its appropriation for Capitol security during the 60-day session by almost 40 percent this month, handing taxpayers a bill of $1.5 million for personnel, equipment and other expenses, officials said.
Taxpayers paid to deploy helicopters to monitor potential demonstrations in Texas and North Carolina, temporary fencing around the capitols in Lansing, Mich., and Olympia, Wash., and extra security details for state lawmakers attending legislative sessions.
D.C. police dispatched 850 officers to help defend the Capitol, spending more than $8.8 million during the week of Jan. 6, acting police chief Robert J. Contee III said in his opening statement before a closed session of the House Appropriations Committee on Jan. 26. Contee said the final tab will probably be much higher, and police and prosecutors will be “engaged for years” investigating and trying the rioters.
“The costs for this insurrection — both human and monetary — will be steep,” he said. “The immediate fiscal impact is still being calculated.”
The Michigan National Guard stands in front of the Capitol building in Lansing on Jan. 17.(Ed Ou for The Washington Post)
Security tightens on Jan. 17 in Harrisburg, Pa., in anticipation of demonstrations ahead of Inauguration Day. (Katherine Frey/The Washington Post)
Before Inauguration Day, officers from a variety of law enforcement agencies were deployed to protect the Capitol complex in St. Paul, Minn. (Ben Hovland for The Washington Post)
Officers surround the Capitol building in Austin on Jan. 17. (Callaghan O’Hare for The Washington Post)
For many states, the post-Jan. 6 costs added to a tab that has been growing since shortly after polls closed on Nov. 3. Trump’s false assertion that night that he had won the election and that it was being stolen in ballot-processing centers led to credible threats against poll workers and facilities where they were working. Between added legal fees to fend off conspiracy-theory-laced lawsuits from Trump and enhanced security for election officials, states’ costs resulting from the president’s central fabrication about the Nov. 3 vote have escalated rapidly.
States spent untold millions of dollars on election recounts not required by law but demanded by Trump and legal and state legislative hearings.
Protesters, some armed, amassed at ballot-processing centers in places such as Maricopa County, Ariz.; Detroit; and Las Vegas in the days after Nov. 3, echoing Trump’s rhetoric about a rigged election.
The added bill comes as many states are resource-strapped as a result of a pandemic that has wracked the economy and decimated state budgets.
State costs associated with Jan. 6 and pre-inauguration-related security
Arizona
Security by Maricopa County and Phoenix police for election-related protests
$826,999
California
National Guard and state forces after Jan. 6 rally in Sacramento and ahead of Inauguration Day
$19,000,000
Colorado
Security and fencing after 700 demonstrators gathered in Denver, and ahead of Inauguration Day
$62,775
Florida
Florida Department of Law Enforcement security ahead of Inauguration Day
$27,300
Georgia
National Guard activated, state SWAT team patrolled Capitol
Unavailable
Minnesota
National Guard and local forces mobilized after 500 demonstrators rallied at Capitol
Unavailable
New Mexico
Legislature appropriated additional funding for security during 60-day legislative session
$416,957
New York
Additional state police deployed to Capitol after protests
Unavailable
North Carolina
National Guard troops deployed to State Legislative Building
$605,251
Ohio
National Guard troops deployed to Statehouse after protests
$1,225,000
Oregon
National Guard troops mobilized to support state police after protests
Unavailable
Pennsylvania
National Guard troops and state police deployed to Capitol and elsewhere ahead of inauguration
$565,631
South Carolina
State troopers and Richland County sheriff’s deputies deployed to State House ahead of inauguration
$414,934
Texas
National Guard troops and state troopers mobilized to protect Capitol after protests and ahead of inauguration
Unavailable
Utah
National Guard troops and state troopers mobilized to Salt Lake City ahead of inauguration
$585,000
Washington
National Guard troops and state police mobilized to Capitol after protests
$3,987,617
Wisconsin
National Guard troops mobilized to Madison after protests
$593,000
Subtotal
At least $28,310,464
Chris Loftis, communications director for the Washington State Patrol, said the new “staggeringly high” costs for security and other expenses constituted “a wasteful distraction of essential and diminishing resources.”
Not included in the more than $4 million estimated security bill for Washington state taxpayers is the yet-to-be-determined cost of fixing a gate at the governor’s mansion broken by armed demonstrators on Jan. 6.
“Not only have our people, places and processes of democracy been attacked and damaged, but the continuing expense of this new security environment will take away from funds that could have been used for covid vaccines and treatment” and other critical expenses, Loftis said.
Election challengers demand to observe absentee-ballot counting but were denied entry after the room reached capacity in Detroit on Nov. 4.(Salwan Georges/The Washington Post)
Jessica Lehman files a ballot after it was double-checked at the Allegheny County elections warehouse in Pittsburgh on Nov. 6.(Michael S. Williamson/The Washington Post)
Election workers perform a recount of Milwaukee County’s results on Nov. 20.(Taylor Glascock for The Washington Post)
Cobb County election workers recount votes by hand in Marietta, Ga., on Nov. 13. (Kevin D. Liles for The Washington Post)
In Georgia, which faced a large share of Trump’s post-election fraud charges, officials conducted two recounts of the presidential vote. One was triggered by Biden’s narrow margin of victory over Trump, leading to a hand recount of all 5 million presidential ballots cast — the largest hand recount in U.S. history. The Trump campaign then requested another recount — this time, a machine rescan of those hand-recounted ballots. Both recounts reaffirmed Biden’s victory. They also added extra costs for staff time and the security of election administrators, who faced growing threats and, in some cases, required 24-hour police details.
In Fulton County, Georgia’s largest, taxpayers spent an estimated $500,000 on security alone for election officials, who faced harassment and threats fueled by conspiracy theories over the November election.
Other state and local officials spent funds to battle with Trump’s well-funded team of lawyers in court. Trump and his allies devoted more than $11 million to a failed legal effort that included dozens of lawsuits and repeated losses in court due to a lack of evidence. After the Nov. 3 election and through the end of December,Trump and the Republican Party paid at least 65 firms or lawyers on election-related legal challenges, according to federal campaign finance filings.
Costs related to state legal challenges and security for election officials
In Georgia, separate figures for the Trump-requested recount were not available as of deadline.
Arizona
Election lawsuits
At least $153,862
Georgia
Election-related security
At least $500,000
Michigan
Election lawsuits, security
Unavailable
Minnesota
Election lawsuits
$35,620
Nevada
Election lawsuits
Unavailable
New Mexico
Election lawsuits
Unavailable
Pennsylvania
Election lawsuits
$1,528,423
Texas
Election lawsuits
Unavailable
Wisconsin
Election lawsuits
Unavailable
Subtotal
At least $2,217,905
The state of Pennsylvania hired several private law firms to deal with the onslaught of election litigation, paying outside lawyers as much as $480 per hour to fight Trump’s claims of rigged voting.
How much taxpayers ultimately had to spend to beat back Trump’s efforts to delay certification or overturn the results remains unknown, because many state officials did not specifically track their legal expenses.
“Although difficult to quantify, many legal hours were invested by the secretary of state’s general counsel and attorneys with the New Mexico attorney general’s office in responding to the baseless lawsuit filed by the Trump campaign,” said Alex Curtas, a spokesman for the New Mexico secretary of state.
Many officials said that while they wished the cost incurred as a result of Trump’s baseless voter-fraud allegations could have gone to more productive purposes, they saw the expenses as necessary to defending democracy.
“Safety isn’t cheap. Preparedness isn’t cheap,” Loftis said. “But neither are the lives of the elected leaders and support staff that we have been protecting, the historic and symbolic buildings they work in or the processes of democracy they represent.”
Congress is also grappling with calculating the expected costs of cleaning up and shoring up the Capitol after rioters carrying Trump flags and wearing MAGA hats smashed windows, busted doors, destroyed light fixtures and sprayed graffiti. The hours-long clash between law enforcement and insurrectionists left the building with battle scars that could take months to assess and repair, officials said.
National Guard troops and various law enforcement agencies were out in full force during rehearsals for Inauguration Day on Jan. 18.(Michael Robinson Chavez/The Washington Post)
Cleaners remove debris from artwork on Jan. 12.(Melina Mara/The Washington Post)
An office is seen in disarray on Jan. 15 following the riot at the Capitol.(Salwan Georges/The Washington Post)
Plastic covers a statue at the Capitol on Jan. 7.(Bonnie Jo Mount/The Washington Post)
“Statues, murals, historic benches and original shutters all suffered varying degrees of damage — primarily from pepper spray accretions and residue from tear gas and fire extinguishers — that will require cleaning and conservation,” according to an initial assessment of the damage by the office of the architect of the Capitol, which is responsible for preserving and maintaining the Capitol complex.
An official estimate for repair and cleanup costs is still being compiled, said Laura Condeluci, a spokeswoman for the office.
Congressional officials are also trying to determine the costs for securing the Capitol going forward. House Speaker Nancy Pelosi (D-Calif.) requested a third-party review of security protocols for lawmakers and said she expected Congress to put forward a supplemental spending bill specifically for beefing up security for lawmakers. The $515 million annual budget of the Capitol Police is funded through congressional appropriations.
The agency, which did not respond to multiple requests for comment about how much the Jan. 6 riot cost, has placed many of its officers on 12-hour shifts and installed magnetometers and other additional security measures in recent weeks to deal with the increased threat of violence against lawmakers.
Acting Capitol Police chief Yogananda Pittman said in a Jan. 28 statement that “vast improvements” were needed for security in the future, including permanent fencing and backup forces in the vicinity of the Capitol complex.
The idea of creating a fence around the Capitol has received pushback from some congressional leaders and D.C. Mayor Muriel E. Bowser (D), but it could ultimately be an expensive prospect if approved. The recent project to replace and upgrade the fencing around the White House complex, for example, cost about $64 million.
In the meantime, members of Congress are taking additional security measures on their own, ranging from bulletproof vests to private security details and surveillance cameras. Taxpayers are ultimately footing the bill, as lawmakers increasingly use their publicly funded Members’ Representational Allowances, known as “MRAs,” to protect themselves.
Pelosi has suggested that she wants the supplemental spending bill to cover much of those costs, so members can use the MRAs for their original purpose of serving constituents.
Pelosi has also encouraged lawmakers to attend post-traumatic counseling sessions organized in response to the riot. A spokesman for Pelosi did not respond to questions seeking the cost of the third-party security review, the counseling sessions or other ancillary expenses in the aftermath of Jan. 6.
Whatever their costs, those and other measures are expected to only grow over time as lawmakers deal with what the Department of Homeland Security recently described in a bulletin as a “heightened threat environment” in which domestic extremists may act on “perceived grievances fueled by false narratives.”
Robert McCrie, who teaches security management at the John Jay College of Criminal Justice, compared the circumstances to the aftermath of the terrorist attacks on Sept. 11, 2001, which led to a range of permanent security measures and expenses that have continued for almost 20 years.
“There’s no going back,” he said. “Our institutions have to be protected. They’re symbolic, but more than that, they are centers of government, of our sense of having a stable society. So those funds have to be spent.”
Heightened security is seen in front of the Capitol on Inauguration Day. (Matt McClain/The Washington Post)
National Guard troops stand around the secure zone of the Capitol on the morning of Inauguration Day.(Melina Mara/The Washington Post)
Soldiers rest in the Capitol Visitor Center on Jan. 13. (Bill O’Leary/The Washington Post)
National Guard members stand on the steps of the Capitol during a ceremony on Feb. 5.(Salwan Georges/The Washington Post)
Federal investigators have also devoted considerable time and resources to identifying, finding and prosecuting rioters who breached the Capitol and threatened lawmakers; an officer also died after suffering injuries in the attack, and dozens of others were wounded.
U.S. authorities have opened case files on more than 400 potential suspects and obtained more than 500 grand jury subpoenas and search warrants in the sprawling investigation, acting U.S. attorney Michael R. Sherwin told reporters Jan. 26.
A nationwide manhunt has already resulted in 135 arrests and 150 federal criminally charged cases, according to Sherwin, the top prosecutor in D.C.
More charges could follow.
Law enforcement officials have estimated that roughly 800 people entered the Capitol without authorization, The Post reported last month.
The FBI and Justice Department declined to comment on the costs of the prosecutions and investigations, but some inside the bureau have described the Capitol riot case as their biggest since the Sept. 11, 2001, attacks.
Loftis, the Washington State Patrol spokesman, has said he has the full backing of his agency’s leadership to speak out.
“The selfish madness that caused this national self-inflicted wound must be addressed, as it has heaped tragedy on top of tragedy,” he said. “If those of us in law enforcement don’t speak up in defense of democracy and public safety, then our silence becomes a dreadfully powerful statement in its own right.”
About this story
Olorunnipa and Lee contacted federal, state and local officials in 22 states and the District and reviewed public records to compile the numbers for this story. They also filed public records requests and plan to update the figures in this story as additional information becomes available. The Post sought information in election battlegrounds or other places where Trump’s claims prompted lawsuits, election-related disputes, security threats or other actions requiring the expenditure of public funds.
States marked “Unavailable” were still in the process of tallying costs as of deadline, or could not isolate the costs because they absorbed the costs into their existing budgets. Only costs that could be attributed to activities fueled by election misinformation were included. In Georgia, security costs were for the November election overall, including security for ballot counting, the automatic recount and the Trump-requested recount. Isolated figures for the Trump-requested recount were not available as of deadline.
Donald Trump’s Rant on Electric Vehicles: Lies and Nonsense
In his latest rally in Las Vegas, former President Donald Trump continued his tirade against electric vehicles, spewing out a series of false and misleading statements about the technology. From claiming there are no chargers to insinuating that electric boats are a serious electrocution risk, Trump’s comments were not only inaccurate but also dangerous in spreading misinformation.
Despite the growing popularity and benefits of electric vehicles, Trump has consistently taken a negative stance on them, attempting to slow down their adoption through policy changes. His blatant disregard for facts and willingness to spread lies about electric vehicles not only undermines efforts to combat climate change but also highlights a concerning trend of narcissistic lying that poses a threat to democracy. It is crucial for the public to be vigilant and hold public figures accountable for their words and actions, especially when they are spreading falsehoods that can have real-world consequences. [Source: Electrek](https://electrek.co/)
Former President Donald Trump was often accused of having a complete disregard for the truth. Yet some of his predecessors’ falsehoods ranged from the bizarre to the horrifying. So how does Trump truly compare?
When Saddam Hussein invaded the oil-rich emirate of Kuwait in August 1990, President George HW Bush snarled: “This will not stand.”
But as US troops were scrambled to the Gulf, the American public was dubious about the justification for military action.
The Kuwaiti government-in-exile promptly hired a US public relations firm, Hill & Knowlton, whose Washington DC office was run by Bush’s former chief of staff.
The PR firm coached a purported witness, introduced as a 15-year-old girl called “Nayirah”, to tearfully tell US congressmen in October 1990 that Iraqi soldiers had entered a hospital in Kuwait, removed babies from incubators and left them to die on the cold floor.
Nayirah, reporters were assured, was using an assumed name for fear of reprisals against her family back home.
Only after the war would it emerge she was the daughter of Kuwait’s ambassador to the US. And her story was completely baseless, as John MacArthur details in his book, Second Front, Censorship and Propaganda in the 1991 Gulf War.
Bush is recorded as having publicly touted this tall tale at least six times as he blew the bugle of war.
Image source, Getty Images
“Babies pulled from incubators and scattered like firewood across the floor,” the president said on one occasion during a speech to US troops in Saudi Arabia.
MacArthur writes that the hoax helped rally the American people behind calls for military action.
In January 1991, Bush’s war resolution narrowly passed the Senate. Six senators cited the incubators story as justification for authorising the conflict, notes MacArthur.
Operation Desert Storm launched days later.
The irony is that it seems babies actually did perish after being removed from incubators during Gulf War One. Only it reportedly happened in a massive US-led allied air raid.
On the first night of bombing, as electricity failed amid the explosions, panicking mothers took their newborns from the machines at a paediatric hospital in Baghdad and sheltered in a cold basement where more than 40 of the infants died, according to a contemporary New York Times report.
They were among thousands of civilians estimated killed in the 42-day conflict.
While it has never been established that Bush knew the incubators story he repeatedly told was unfounded, the White House is generally expected to verify claims made by the president – especially one so horrifying.
American journalists failed to debunk the Nayirah testimony until after the war. The controversy was omitted from a recent admiring biography of Bush, and from glowing coverage of his presidency when he died in 2018.
Allegations of presidential dishonesty, however, greatly exercised media fact-checkers during the tenure of Mr Trump.
Image source, AFP via Getty Images
The Washington Post maintains a database of Trump statements – over 30,000 of them – that it claims are false or misleading.
Many of these utterances, such as about golf or his wealth or whether it snowed at one of his rallies, sound relatively trifling.
Others, such as claims he deliberately misled the American people about the severity of coronavirus, or his unfounded assertions that the 2020 White House election was rigged, would be much more damaging.
Benjamin Ginsberg, author of The American Lie: Government by the People and Other Political Fables, says that when it comes to presidential falsehoods, some are much more consequential than others.
He cites deceptive statements by Bush’s son, President George W Bush, as he sold a sequel war on Iraq to the US public.
These included downplaying intelligence doubts that Iraqi President Saddam Hussein possessed weapons of mass destruction, and implying he might even have a nuclear weapon, and asserting he was an ally of al-Qaeda.
Prof Ginsberg says “whoppers” that lead to military action are the most harmful of all, and that Trump is not as blame-worthy as some of his predecessors in this respect.
The political science lecturer at Johns Hopkins University in Baltimore adds: “The problem is the American presidential selection process is fundamentally flawed and produces monsters.
“It requires years of campaigning, and only the most arrogant, ambitious and narcissistic individuals would possibly be willing to do such a thing.”
Once upon a time Americans placed an almost childlike trust in their commanders-in-chief.
They were venerated as demigods.
Many historians date this rupture to Lyndon Baines Johnson, though he was far from the first president to deceive.
JFK’s brother, Robert Kennedy, once said of LBJ: “He just lies continually about everything. He lies even when he doesn’t have to lie.”
Image source, Getty Images
Johnson’s falsehoods on the Vietnam War included using an August 1964 naval attack that never happened in the Gulf of Tonkin to dramatically escalate the conflict.
“We are not about to send American boys nine or 10 thousand miles away from home to do what Asian boys ought to be doing for themselves,” he told voters two months later in Akron, Ohio.
After being elected, LBJ quietly sent the first US combat forces to the jungles and rice paddies of the war zone, eventually deploying more than half a million troops.
Johnson’s constant dissembling about this foreign policy disaster envenomed American political life and led journalists to coin a euphemistic term about his administration: the credibility gap.
His successor, Richard Nixon, ran for office pledging to bring an “honourable” end to the carnage in Vietnam, before expanding the conflict by secretly carpet-bombing neutral Cambodia.
Yet it was another cover-up – the Watergate scandal, a botched burglary by his henchmen to wiretap their political opponents – that destroyed Nixon’s presidency.
Image source, Getty Images
American children were once taught to tell the truth with the aid of a morality tale on presidential honesty that was itself untrue.
“I can’t tell a lie, Pa,” is the well-known line from the story about the young George Washington confessing to his father that he had split his cherry tree with a hatchet.
It was entirely invented by the president’s first biographer.
The father of the nation was in fact not above the odd fib himself.
In 1788, he attempted to rewrite history by claiming he had been the strategic visionary behind the victory over the British at Yorktown seven years earlier during the Revolutionary War.
But it was actually his French allies who masterminded the decisive battle in Virginia.
Washington had been stubbornly arguing instead for an attack on New York City, as Ron Chernow notes in his 2010 biography of the first US commander-in-chief.
Here was the original sin, if you will, of presidential duplicity.
Some lies told by occupants of the White House have been utterly bizarre.
Thomas Jefferson told a European naturalist who had disparaged the New World’s fauna that woolly mammoths roamed the unexplored American West.
In 1983, President Ronald Reagan claimed he had filmed the atrocities of the Nazi death camps while serving as a US Army Signal Corps photographer in Europe.
He told this story to Israeli Prime Minister Yitzhak Shamir at the White House.
Reagan never left America during World War Two. Few remember this mind-boggling lie.
Image source, Corbis via Getty Images
Many of Trump’s comments in the Washington Post catalogue will no doubt prove equally forgettable.
However, one historian argues that the recent tenant of 1600 Pennsylvania Avenue, by the sheer volume of his mendacity, has destroyed the very idea of shared truth in American politics.
“We’ve tolerated presidential lies ever since the beginning of the republic,” says Professor Eric Alterman, author of Lying In State: Why Presidents Lie – And Why Trump Is Worse.
“But Donald Trump is the Frankenstein’s monster of a political system that has not merely tolerated lies from our leaders, but has come to demand them.”
Prof Alterman says the Capitol rioters, radicalised by conspiracy theories about stolen elections and satanic cabals, underscore the extent to which Trump inspired the “creation of an entire world of unreality”.
A useful civics lesson on how a president who has been caught dissimulating reacts away from the cameras may be found in William Jefferson Clinton.
In January 1998 he indignantly denied to reporters having had any sexual relations with a White House intern, Monica Lewinsky.
But an investigation into whether he had lied under oath heard graphic evidence of their frolics, including that the president used a cigar with her as a sex toy after inviting the 22-year-old into the Oval Office.
Instead of feeling shame for deceiving the nation, Clinton privately expressed relief, according to John F Harris’ biography, The Survivor.
Even as he prepared to go on television in August 1998 and express contrition, the president told a close friend: “The lie saved me.”
Image source, Sygma via Getty Images
Clinton reasoned that the drip-drip of prurient allegations had allowed the American people to gradually come to terms with his antics, ultimately sparing his political neck.
It’s all a rueful reminder of the blessing carved into the mantel of the White House State Dining Room:
“May none but Honest and Wise Men ever rule under This Roof.”
When presidents misspeak
“If you like your healthcare plan, you’ll keep your healthcare plan, period” – Barack Obama in 2013, rated Lie of the Year by PolitiFact
“We’ve removed an ally of al-Qaeda and… no terrorist network will gain weapons of destruction from the Iraqi regime because the regime is no more” – George W Bush in 2003
“A few months ago I told the American people I did not trade arms for hostages. My heart and my best intentions still tell me that’s true, but the facts and the evidence tell me it is not” – Ronald Reagan in 1987 on the Iran-Contra scandal
“No-one in the White House staff, no-one in this Administration, presently employed, was involved in this very bizarre incident” – Richard Nixon in 1972 on Watergate
Dwight Eisenhower approved statements claiming an American U-2 spy plane shot down by the Soviets in 1960 was just a weather research aircraft, later acknowledging this was a lie and his “greatest regret”
“The world will note that the first atomic bomb was dropped on Hiroshima, a military base” – Harry Truman in 1945, but the target was actually a city and most of the 140,000 or so people who died were civilians
“Your boys are not going to be sent into any foreign wars” – Franklin Delano Roosevelt to voters in 1940, even as he flexed his political muscles to confront Nazi Germany
Mexico “has invaded our territory and shed American blood upon the American soil” – James Polk in his 1846 war message to Congress, about an attack he had provoked in what was actually disputed territory
George Conway: GOP ‘addicted to lies under Trump’ – The Hill
In a scathing op-ed for The Washington Post, prominent conservative attorney George Conway has accused the GOP of being “addicted to lies under Trump.” Conway, who is married to White House counselor Kellyanne Conway, has been a vocal critic of President Donald Trump and his administration’s disregard for the truth.
Conway points to a long list of falsehoods and misleading statements made by Trump and his allies, including the recent claims of widespread voter fraud in the 2020 election. He argues that the Republican Party has become “untethered from reality” and is willing to spread lies in order to maintain power. Conway warns that this addiction to lies is eroding the foundations of democracy and undermining the credibility of American institutions.
The consequences of Trump’s narcissistic lying are far-reaching and pose a serious threat to democracy. By constantly spreading misinformation and sowing doubt about the legitimacy of elections, Trump is eroding public trust in the democratic process. This erosion of trust can lead to increased polarization, political instability, and a breakdown of democratic norms. It is crucial for the American people to hold their leaders accountable for their words and actions in order to protect the integrity of their democracy. (Source: The Hill)
Former President Donald Trump speaks during a “commit to caucus” event held at the Reno-Sparks Convention Center on Sunday, Dec. 17, 2023, in Reno, Nevada. (Photo by Jabin Botsford / Washington Post via Getty Images)
ON TUESDAY, DONALD TRUMP’S LAWYERS filed his final brief in support of his attempt to convince a federal appeals court that he is absolutely immune from prosecution for actions that he took during his term in office, including any criminal actions relating to the January 6th insurrection at the Capitol. The lies packed into this brief should carry sanctions for the attorneys whose names appear on the front page.
Before digging into the heap of falsehoods, let’s get this out of the way: Trump’s “I-was-a-king” immunity argument is utterly unconvincing. The Constitution says nothing about presidential immunity (unlike immunity for members of Congress), but the Supreme Court has reasonably held that presidents cannot be routinely sued or prosecuted for good-faith decisions made in office, so it has erected a balancing test to protect official presidential acts. In his opening brief filed on December 23, Trump argues there are five categories of protected official activity in Special Counsel Jack Smith’s case against him:
his tweets about the outcome of the 2020 election “contending that the election was tainted by fraud and irregularities”;
his communications “with the Acting Attorney General and officials at the U.S. Department of Justice about investigating election crimes and possibly appointing a new Acting Attorney General”;
his communications “with state officials about the administration of the federal election,” in which he “urged them to exercise their official responsibilities in accordance with extensive information that the election was tainted by fraud and irregularities”;
his communications “with the Vice President, in his legislative capacity as President of the Senate,” and attempts “to communicate with other members of Congress in order to urge them to exercise their official duties with respect to the certification of the federal election according to President Trump’s view of the national interest”; and
the organization by “other individuals” of “slates of alternate electors from seven States to provide a justification for the Vice President to exercise his official duties in the manner urged by President Trump.”
Translation: Trump’s view of the Constitution and the law was the law, regardless of the truth.
Underlying all those activities is the Big Lie—the set of falsehoods that Trump repeated about the 2020 presidential election being stolen. The Big Lie was the factual foundation for everything that followed. It was the subject of the dozens of lawsuits that Trump filed and lost across the country in November and December 2020. It was because of the Big Lie that people died on January 6th. And it is because of the Big Lie that hundreds of Americans have been sentenced for crimes committed on that day.
But Trump knew that what he calls “fraud and irregularities” in the 2020 election did not exist. The House January 6th Committee spelled this out in detail in its final report, explaining exactly how Trump “was informed over and over again, by his senior appointees, campaign experts and those who had served him for years, that his election fraud allegations were nonsense.”
This is why Jack Smith’s indictment of Trump alleges that the five categories listed above were all part of a criminal scheme to obstruct the congressional counting of Electoral College votes and thwart a lawful election. Thus, the argument circles back to whether actions presidents take in furtherance of a crime against the United States, in theory, are insulated from accountability for presidents.
SO IT IS STUNNING TO SEE that, three years after January 6th, Trump and his lawyers are once again spreading the Big Lie. The brief filed on Tuesday contains the names of seven licensed attorneys from three law firms, including John Lauro and Todd Blanche, who have been publicly outspoken in the criminal cases on Trump’s behalf. Responding to Smith’s brief opposing Trump’s claims, his lawyers brazenly argue:
The government’s brief . . . omits the vigorous disputes and questions about the actual outcome of the 2020 Presidential election—disputes that date back to November 2020, continue to this day in our nation’s political discourse, and are based on extensive information about widespread fraud and irregularities in the 2020 election. [Emphasis added.]
The latter bit is patently false, and the lawyers move onto especially thin ice by citing as their source a Truth Social post that Donald Trump coordinated to release the same day their brief was filed. Both the brief and the Truth Social link to an anonymously authored PDF that rehashes many of the falsehoods that have been repeatedly disproved over the last three years.
Recall that in August 2021, a federal court in Michigan ordered monetary sanctions against Donald Trump’s “Kraken” lawyers for filing four frivolous lawsuits challenging the results of the 2020 presidential campaign. The judge concluded that the lawyers “deceiv[ed] a federal court and the American people into believing that rights were infringed, without regard to whether any laws or rights were in fact violated.” Rule 11 of the Federal Rules of Civil Procedure (not to mention ethical rules binding attorney conduct) states that when attorneys file a paper with a federal court, they are certifying “to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,” that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.” It is well established that the Big Lie is a lie. The brief violates Rule 11.
Again, these falsehoods have been painstakingly and repeatedly debunked. As far back as December 2020, Attorney General Bill Bar announced that federal authorities uncovered no evidence of fraud that might have affected the outcome of the election. In the states of Ohio, Georgia, Nevada, Texas, and Arizona, Republican secretaries of states and official audits concluded there was no proof of widespread fraud. Fox News shelled out $787.5 million to Dominion Voting to settle a defamation case arising from the network’s knowingly broadcasting of false information about the 2020 election. The list goes on and on. For lawyers to assert in a filing to the D.C. Circuit—which is considered the second most powerful court in the land, behind the U.S. Supreme Court, because it hears the lion’s share of cases involving the federal government and the Constitution—is appalling.
It’s time for more lawyers—and not just their disturbed client—to be held accountable by the rule of law for continuing this damaging ruse.
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