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Trump falsely claiming that the FBI approved a plot to assassinate him

The Dangerous Lies of Trump and His Followers: A Call for Truth and Integrity

In a recent article by Rev. Robert L. Montgomery, the dangerous lies being spread by Donald Trump and his followers were brought to light. From the debunked claim of winning the 2020 election to the more recent falsehood about President Joe Biden authorizing the FBI to kill Trump, these lies have the potential to incite violence and undermine the safety of law enforcement officials.

The spread of misinformation and the refusal to accept reality by Trump and his supporters poses a significant threat to democracy. By perpetuating lies and promoting a false narrative of a stolen election, Trump is eroding trust in the electoral process and sowing division among the American people. This narcissistic lying is a direct threat to the foundations of democracy and must be confronted with truth and integrity.

Source: [Citizen Times](http://www.citizen-times.com/story/opinion/2024/06/02/opinion-americans-must-vote-with-common-sense-to-preserve-democracy/73877284007/)

Trump’s election lies and the Republicans who corrected him

As Donald Trump sought to overturn the results of the 2020 election, a chorus of top Republicans told him repeatedly that his claims of widespread voter fraud were false.

That pushback sits at the heart of the federal indictment brought against Trump this week in the Justice Department investigation of his attempts to cling to power.

Special counsel Jack Smith is setting out to show that Trump knew he was lying when he unleashed his torrent of election falsehoods that culminated with the Jan. 6, 2021, riot at the U.S. Capitol — an important part for convicting Trump on the four charges he’s facing.

To that end, the indictment lays out a drumbeat of episodes — many of them already public — when Trump was told that bogus statements about fraudulent ballots being counted or votes being flipped to Joe Biden were false. They came from a range of people in his orbit, including White House lawyers, administration appointees, state GOP officials and his campaign staffers. Trump has denied wrongdoing.

The indictment references at least nine administration officials, among others, who told Trump that the election was not stolen or that his schemes to remain in the White House were untenable. The officials are not named in the indictment, but some of their identities can be discerned by matching descriptions of their activities in the indictment with public reporting. Here are the key people who corrected Trump on his election lies and what they said:

Trump peppered his vice president with false claims about election fraud in the days leading up to the Jan. 6 riot, pressuring him multiple times to use his role in certifying the vote to keep him in power. Per the indictment, Pence pushed back in a phone call on Christmas Day. “You know I don’t think I have the authority to change the outcome,” he said.

Days later, Trump told Pence that he had the authority to send votes back in contested states. Pence responded that “he thought there was no constitutional basis for such authority and that it was improper,” according to the indictment.

When Trump claimed there had been a “suspicious vote dump” in Detroit, Barr told him the allegation was false, according to the indictment. He also sought to dispel Trump’s claims that voting machines in contested states had switched votes from Trump to Biden.

On multiple occasions, Trump allegedly summoned Rosen and Donoghue to talk about a video that he and allies said showed election workers at State Farm Arena in Atlanta counting “suitcases” of illegal ballots. Per the indictment they told him that the activity in the footage was “benign,” saying later that investigators had reviewed the tape and had “not identified suspicious conduct.”

In at least two conversations, prosecutors allege that Trump told Rosen and Donoghue that he believed there had been 205,000 more votes than voters in Pennsylvania. “Each time, the Justice Department officials informed the defendant that his claim was false,” the indictment says.

Trump made similar claims, per the indictment, about Wisconsin that Rosen shot down. Rosen and Donoghue were also among the officials who allegedly told Trump that numerous audits had confirmed that voting machine tallies were accurate.

Ratcliffe, an adviser handpicked by Trump to brief him on national security matters, “disabused” Trump of the notion that “the Intelligence Community’s findings regarding foreign interference would change the outcome of the election,” the indictment says.

Krebs, a Republican chosen by Trump to lead the newly formed agency, joined a multi-agency statement that said the 2020 election was the “most secure in American history” and said claims of computer-based election fraud were unsubstantiated.

On the evening of Jan. 6, 2021, after law enforcement quelled the violence at the Capitol, Cipollone called on Trump to “withdraw any objections and allow the certification” of Biden’s victory, according to the indictment. Trump refused.

Per the indictment, Shirkey and Chatfield met with Trump in the Oval Office on Nov. 20, 2020, and heard Trump’s false claims about illegitimate voting in Detroit. They said afterward in a joint statement that they had “not yet been made aware of any information that would change the outcome” in the state.

Yet over the following three weeks, Trump and his allies continued to pressure them to reverse the state’s results.

“We have not received evidence of fraud on a scale that would change the outcome in Michigan,” Shirkey said in a Dec. 14 statement. Chatfield echoed him, saying: “I can’t fathom risking our norms, traditions and institutions to pass a resolution retroactively changing the electors for Trump, simply because some think there may have been enough widespread fraud to give him the win.”

Per the indictment Trump and his alleged co-conspirators claimed in conversations with Bowers that thousands of noncitizens, nonresidents and dead people had voted in Arizona.

Bowers told them investigations had uncovered no evidence of significant fraud in the state. He said in a Dec. 4, 2020, statement that it would violate his oath of office, “the basic principles of republican government, and the rule of law if we attempted to nullify the people’s vote based on unsupported theories of fraud.”

Trump urged Raffensperger to “find” enough votes to reverse his defeat in the state in an hour-long phone call on Jan. 2, 2021. Raffensperger debunked a number of his false claims, including allegations that thousands of dead people had voted.

“Well, Mr. President,” he said, “the challenge that you have is the data you have is wrong.”



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Trump spreading lies that the FBI authorized to kill him

Rev. Robert L. Montgomery

We all know about the “Big Lie” spread by Donald Trump and his followers in which he claims he won the 2020 presidential election. Though proven wrong countless times, the Big Lie has been followed by a continuous stream of lies. One of the most insidious recent lies being spread by Trump and his MAGA followers is that President Joe Biden authorized the FBI to kill Trump when they were searching for top secret documents he had taken. This is an especially dangerous lie that undermines the safety of FBI agents everywhere.

False information can stimulate violent actions and Trump followers have shown their tendency to take violent actions. The United States, like every society, contains unstable people who are want to cause harm based on false information. The internet today carries a great deal of false information. What is particularly discouraging is that many Republicans, even some who are leaders in the party and should know better, have repeated the falsehood about plans to kill Trump. Anyone who makes this claim cannot claim to be considered a “mainstream” or moderate Republican. They are part of an authoritarian movement which is attracting followers from ordinary people. They have shown a desire to threaten violence and, as we saw on Jan. 6, 2021, people are very capable of following threats with carrying out violence.



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How will prosecutors show that Donald Trump knowingly repeated election fraud falsehoods?

A key premise of the federal prosecution’s case against former President Donald Trump for the events leading up to Jan. 6, 2021, is that Trump knowingly repeated false information, then leveraged those lies into actions aimed at overturning the 2020 election. 

The Aug. 1 indictment says Trump was not misinformed, or delusional. Rather, it says he knew that certain claims about the election were false but repeated them anyway, in private and in public.

“The Defendant, his co-conspirators, and their agents made knowingly false claims that there had been outcome-determinative fraud in the 2020 presidential election,” the indictment says. “These prolific lies about election fraud included dozens of specific claims that there had been substantial fraud in certain states, such as that large numbers of dead, non-resident, non-citizen, or otherwise ineligible voters had cast ballots, or that voting machines had changed votes for the Defendant to votes for Biden.”

The indictment posits that Trump was “notified repeatedly that his claims were untrue — often by the people on whom he relied for candid advice on important matters, and who were best positioned to know the facts — and he deliberately disregarded the truth.”

How do you prove what someone was thinking? 

Though this is a hard hurdle for prosecutors to clear, legal experts say it’s not insurmountable. 

“A prosecutor commonly has to show it through circumstantial evidence,” said Joan Meyer, partner with the law firm Thompson Hine LLP and a former federal prosecutor. “The indictment lists the number of highly placed federal and state officials who told Trump that the election was not stolen and chronicles specific instances of Trump’s resistance to this advice.”

Here’s a sampling of instances in which confidants and officials directly told Trump that his claims were inaccurate, according to the indictment.

Trump said that more than 30,000 noncitizens voted in Arizona. Trump’s own campaign manager told him such claims were false, as did then-Arizona House Speaker Rusty Bowers, a Republican who had supported Trump before the election.

Trump said that Nevada had tens of thousands of fraudulent votes. Nevada’s then-secretary of state, Republican Barbara Cegavske, posted “Facts vs. Myths” on the agency’s website, debunking related claims.

Trump said there were suspicious ballot handling activities at State Farm Arena in Atlanta. Senior U.S. Justice Department officials debunked this on two different occasions, with one official telling Trump the activities were “benign.” A senior campaign adviser — unnamed in the indictment, as is standard — told Trump this was untrue, calling such claims “conspiracy s— beamed down from the mothership.”

Trump said there were enough dead voters in Georgia to flip the result in the state. In a phone call, Georgia Secretary of State Brad Raffensperger told Trump the actual number of dead voters was in the low single digits. A counsel to Raffensperger also told Trump that his claim was untrue that thousands of out-of-state residents had voted.

Trump said there had been a suspicious “vote dump” in Detroit. Then-U.S. Attorney General William Barr told him that this was simply the normal vote-counting process and did not signal fraud. Earlier, the state Senate majority leader, Republican Mike Shirkey, told Trump that he had lost the state because of poor electoral performance.

Trump said there had been 205,000 more votes in Pennsylvania than there were voters. On at least two occasions, the acting attorney general, Jeffrey Rosen, and the acting deputy attorney general, Richard Donoghue, told Trump that this was false.

Trump said there had been more votes in Wisconsin than there were voters. Donoghue debunked this in a conversation with Trump.

The indictment also said Trump ignored a variety of debunkings of his claims that were offered by his own vice president, Mike Pence; the director of national intelligence; the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (whose chief Trump fired after being contradicted); senior White House attorneys; and state and federal court rulings.

“The Defendant’s knowingly false statements were integral to his criminal plans,” the indictment says.

How can the government prove Trump’s state of mind?

Proving intent “is always difficult,” Sean Morales-Doyle, director of the voting rights program at the liberal Brennan Center for Justice at New York University Law School, told PolitiFact in July. “But that is a question at issue in almost every criminal prosecution. It’s the kind of thing prosecutors have to prove on a daily basis.”

Bradley Moss, a partner with the law firm Mark S. Zaid, P.C., added that “delusion and refusal to accept reality is not sufficient to disprove you had the requisite intent.”

Ultimately, prosecutors need to have faith in the willingness of juries to make reasonable inferences. 

“Juries typically take their job seriously, and most listen intently and get it right when judging credibility,” said Meyer of Thompson Hine LLP. “Some of the witnesses will be prominent Republicans who joined Trump’s Administration with his approval. It is going to get old if Trump’s attorneys cross examine all of them as if they all are disloyal, disgruntled employees that Trump should have fired. At some point, that will fall flat as a strategy.”

PolitiFact staff writer Amy Sherman contributed to this report.

RELATED: Here’s what Donald Trump asked Georgia election officials in phone call about 2020 election





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The Media Falls for Trump’s Labor Lies

Photo: Scott Olson/Getty Images

Donald Trump is not going to speak to striking autoworkers on Wednesday. He is going to a non-union auto supplier in Michigan, where he will perform a pro-labor routine in front of workers who are not represented by the UAW. You could be forgiven for thinking otherwise after reading recent press coverage, which has portrayed Trump as some iconoclastic friend of workers.

Take Politico, for example. The first line of a Wednesday night newsletter on the GOP’s coming “labor realignment” said, falsely, that the former president will “address striking auto workers.” (Politico has since deleted “striking, but without a correction. The original version is still visible on the Wayback Machine.) The piece, curiously, does note that the actual location of Trump’s speech in a later paragraph is “Drake Enterprises, a non-union shop” — so why open with a falsehood? Everything else that follows is flawed.

The story goes on to make a muddled case for the supposed realignment, citing Senator Josh Hawley’s visit to a Missouri picket line without mentioning his support for an anti-union “right to work” law. Senator J.D. Vance did say that “workers deserve to get their end of the shake,” but on X, the senator criticized UAW leadership for embracing Joe Biden’s “war on American cars.” It does note that Trump did better than most Republicans have with union households in 2016 but adds that he did a lot worse in 2020. The best evidence Politico can muster for this labor realignment is polling from a right-wing think tank, which shows that 41 percent of Republicans believe unions are a “positive force.” Oren Cass, the former Mitt Romney adviser who leads the think tank, told Politico, “There is no going back to a pre-Trump, 1980s-style conservatism.”

Except once you strip away Trump’s bluster, you see a recognizably Republican creature. His labor lies are proof. The former president wanted people to believe he was speaking to striking autoworkers, but the UAW had not invited him and its president, Shawn Fain, had sharply criticized Trump. The press fell for Trump’s lies anyway.

It wouldn’t be fair to single out Politico without mentioning the New York Times, which reported a day after Biden’s appearance with the UAW in Michigan that Trump has “a mixed legacy on unions.” The accompanying story focuses more on Trump’s personal record as a businessman than on his record as president, which was without exception anti-union and anti-worker. Though the Times does note that his picks to lead the labor department were anti-worker and that he issued executive orders hostile to unions, it makes a lot out of a Trump tale that turned out to be a lie. In 2016, he publicly supported workers facing layoffs at a Carrier plant in Indiana that was outsourcing to Mexico. He pledged a huge tariff to stop such a thing from happening. In the final line of the piece, a reader will learn that Trump, as president, did not follow through. “He lied completely,” as one worker put it. Instead, less than half the jobs were saved and only thanks to incentives from Indiana. There’s his real legacy.

Here’s what else we know about Trump and labor. His Labor secretary, Eugene Scalia, was resolutely anti-union and anti-worker. Scalia rewrote “dozens of rules that were put in place to protect workers,” The New Yorker reported, and during his tenure, OSHA “explicitly told employers that none of its COVID-19 recommendations impose new legal obligations.” Under Trump, the National Labor Relations Board reversed some Obama-era regulations that made it easier for workers to organize. Politico itself reported in 2018 that the Trump administration was “rolling back worker safety protections affecting underground mine safety inspections, offshore oil rigs and line speeds in meat processing plants, among others.” On labor, Trump is an orthodox conservative.

We know that Trump’s “mixed legacy” with labor is, in fact, clear. He likes to sound like a populist, but he is a proven con man. Yet those facts are relatively absent from mainstream coverage right now. Why are political reporters still making such basic mistakes? Why are they even furnishing his lies? Trump’s claims deserve skepticism, at minimum, like any politician. As long as Republican voters prefer Trump in spite of his anti-worker record, and Republican lawmakers are still anti-union, we can hardly speak of “a long coming convergence between his own party and union members,” as Politico does.

That skepticism should have informed press coverage of Trump’s Michigan speech. When the Trump campaign said the former president was speaking to striking autoworkers, reporters should have hedged. That is what Trump said. It is not necessarily what he will do. When additional reporting confirms that Trump was speaking to a non-union shop, that news should be reflected prominently in later coverage and analysis. This shouldn’t be difficult, and yet the press struggles. The failures I address here exist, in part, because there are few labor reporters left on major mastheads. More broadly, they point to deeper problems within the media industry. As my colleague Eric Levitz recently argued, a paper or news channel can find it difficult to cover Trump “without sounding like a shrill, dull, Democratic propaganda outlet.” Therefore the media “comports itself as an amnesiac, or an abusive household committed to keeping up appearances, losing itself in the old routines, in an effortful approximation of normality until it almost forgets what it doesn’t want to know.” In such circumstances, the press should ask itself if objectivity is even possible, let alone desirable. The truth will not long withstand business as usual.





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Trump continues to spread the ‘Big Lie’ that he won the 2020 election as he launches another campaign

The Dangerous Spread of Lies by Trump and His Followers: Exposing the Threat to Democracy

In a recent disturbing turn of events, former President Donald Trump and his followers have been spreading a dangerous lie that President Joe Biden authorized the FBI to kill Trump during a search for top secret documents he had taken. This false claim not only undermines the safety of FBI agents but also incites violence among Trump supporters.

The spread of such blatant lies by Trump and his followers poses a grave threat to democracy. By perpetuating falsehoods and promoting a narrative of victimhood, Trump is eroding trust in institutions and sowing division among Americans, ultimately weakening the foundation of our democratic system. (Source: Asheville Citizen Times)

‘Big Lie’ spread by Trump that he won 2020 election continues as he runs again

We all know about the “Big Lie” spread by Donald Trump and his followers in which he claims he won the 2020 presidential election. Though proven wrong countless times, the Big Lie has been followed by a continuous stream of lies. One of the most insidious recent lies being spread by Trump and his MAGA followers is that President Joe Biden authorized the FBI to kill Trump when they were searching for top secret documents he had taken. This is an especially dangerous lie that undermines the safety of FBI agents everywhere.

False information can stimulate violent actions and Trump followers have shown their tendency to take violent actions. The United States, like every society, contains unstable people who are want to cause harm based on false information. The internet today carries a great deal of false information. What is particularly discouraging is that many Republicans, even some who are leaders in the party and should know better, have repeated the falsehood about plans to kill Trump. Anyone who makes this claim cannot claim to be considered a “mainstream” or moderate Republican. They are part of an authoritarian movement which is attracting followers from ordinary people. They have shown a desire to threaten violence and, as we saw on Jan. 6, 2021, people are very capable of following threats with carrying out violence.

This is why the lie about violence being authorized against Donald Trump must be taken very seriously for the harm it can do. Honesty requires us to recognize that violence lies beneath the surface in most people, but certainly in American society. It has surfaced throughout our history, most obviously in the Civil War, but also in various violent actions, such as lynchings that were all too common for more than a century after the Civil War.

The language that is currently being used to stir up followers of Trump is “existential,” meaning that the very existence of America is threatened and that it is necessary to act to “save” the nation. However, the existential language of Trump and his followers requires existential language to oppose it. I believe that it is essential for those who do not believe the lies about the “stolen election” and the additional lies up to the present must face the current existential situation: the existence of our democracy is a stake. The evidence is that so many of the tactics used by Trump and the MAGA extremists are parallel to the assault of fascists on European countries in the 1930s.

The best defensive approach is to use truth and honesty to expose falsehoods and demand that officials act with integrity. First, members of the Supreme Court must make sure that the decisions of the justices are not compromised by wealthy friends and partisan influence. This is no trivial matter. It arises from the Supreme Court lacking an enforceable code of ethics and oversight of recusal decisions. The Supreme Court needs to restore the confidence of the American people in it.

America is at a crisis point in which it will move in one of two directions. The direction I hope we take is to continue making progress, marked principally by the increasingly full and equal participation of all ethnic groups and the willing regulation of economic forces so that they will have a positive contribution to all the people in our society and will be used to protect the beautiful natural world in which we live.

The other direction America might take is toward an authoritarian government in which voting rights are reduced, racial jerrymandering goes unchecked, taxes on the rich are reduced leading to ever larger fiscal deficits, the Supreme Court continues to demonstrate partisan bias, reproductive rights of women are blocked nationally and LGBTQA+ rights are not protected. These alternatives to progress could be restated as: whether America will continue to exist as a democratic nation in which freedom and human rights are guarded. America is not a perfect nation, but we have made progress through the struggle and sacrifice of many people. We continue to need the determination of our people to protect our democracy and preserve liberty and justice for all.

More: Opinion: Democratic freedom will endure as long as America has a stable election process

More: Opinion: America is a major world-stage target in anti-democracy propaganda

Robert MontgomeryRobert Montgomery

Robert Montgomery

Rev. Robert L. Montgomery, Ph.D., lives in Black Mountain.

This article originally appeared on Asheville Citizen Times: Opinion: Trump spreading lies that the FBI authorized to kill him



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Trump Election Charges Set Up Clash of Lies Versus Free Speech

Running through the indictment charging former President Donald J. Trump with conspiring to overturn the 2020 election was a consistent theme: He is an inveterate and knowing liar.

The indictment laid out how, in the two months after Election Day, Mr. Trump “spread lies” about widespread election fraud even though he “knew that they were false.”

Mr. Trump “deliberately disregarded the truth” and relentlessly disseminated them anyway at a “prolific” pace, the indictment continued, “to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.”

Of course, Mr. Trump has never been known for fealty to truth.

Throughout his careers in business and politics, he has sought to bend reality to his own needs, with lies ranging from relatively small ones, like claiming he was of Swedish and not German descent when trying to rent to Jewish tenants in New York City, to proclaiming that President Barack Obama was not born in the United States.

If you repeat something enough, he has told confidants over time, people will believe it.

By and large, this trait has served him well, helping him bluster and bluff his way through bankruptcies and then to the White House and through crises once he was there: personal scandals, two impeachments and a special counsel’s investigation when he was in office.

But now he is being held to account in a way he never has been before for what a new special counsel, Jack Smith, is asserting was a campaign of falsehoods that undermined the foundations of democracy.

Already, Mr. Trump’s lawyers and allies are setting out the early stages of a legal strategy to counter the accusations, saying that Mr. Trump’s First Amendment rights are under attack. They say Mr. Trump had every right to express views about election fraud that they say he believed, and still believes, to be true, and that the actions he took or proposed after the election were based on legal advice.

The indictment and his initial response set up a showdown between those two opposing assertions of principle: that what prosecutors in this case called “pervasive and destabilizing lies” from the highest office in the land can be integral to criminal plans, and that political speech enjoys broad protections, especially when conveying what Mr. Trump’s allies say are sincerely held beliefs.

While a judge and jury will ultimately decide how much weight to give each, Mr. Trump and his allies were already on the offensive after the indictment.

“So the First Amendment protects President Trump in this way: After 2020, he saw all these irregularities, he got affidavits from around the country, sworn testimony, he saw the rules being changed in the middle of the election process — as a president, he’s entitled to speak on those issues,” Mr. Trump’s defense lawyer in the case, John Lauro, said on Wednesday in an interview on CBS.

“What the government would have to prove in this case, beyond a reasonable doubt, is that speech is not protected by the First Amendment, and they’ll never be able to do that,” he said.

Representative Elise Stefanik of New York, the No. 3 Republican in the House, said in a statement that Mr. Trump had “every right under the First Amendment to correctly raise concerns about election integrity in 2020.”

Representative Gary Palmer of Alabama, the chairman of the Republican Policy Committee, called the indictment a “criminalization of disinformation and misinformation, which raises serious concerns about the public’s right to speak openly in opposition to policies they oppose.”

Legal experts were skeptical about the strength of those claims as a defense. They pointed out that the indictment said on its second page that all Americans had the right to say what they wanted about the election — even if it was false. But, the indictment asserts, it is illegal to use those false claims to engage in criminal conduct, the experts said.

An individual’s free-speech rights essentially end as soon as those words become evidence of criminality, they said. In the case of the indictment against Mr. Trump, the prosecutors argue that Mr. Trump used his statements to persuade others to engage in criminal conduct with him, like signing fake slates of electors or pressuring Vice President Mike Pence to block or delay Electoral College certification of President Biden’s victory.

According to the indictment, Mr. Trump “knowingly” used “false claims of election fraud” to try to “convince the vice president to accept the defendant’s fraudulent electors, reject legitimate electoral votes or send legitimate electoral votes to state legislatures for review rather than counting them.”

The indictment goes on to say that when those efforts failed, Mr. Trump turned to using the crowd at the rally on the Ellipse “to pressure the vice president to fraudulently alter the election results.”

Samuel W. Buell, a professor of law at Duke University and a lead federal prosecutor in the Justice Department’s prosecution of Enron, said that it “won’t work legally but it will have some appeal politically, which is why he is pushing it.”

“There is no First Amendment privilege to commit crimes just because you did it by speaking,” Mr. Buell said.

Referring to both public and private remarks, Mr. Buell said that “there is no First Amendment privilege for giving directions or suggestions to other people to engage in illegal acts.”

Referring to the fictional television mafia boss Tony Soprano, Mr. Buell added, “Tony Soprano can’t invoke the First Amendment for telling his crew he wants someone whacked.”

For decades, Mr. Trump’s penchant for falsehoods and exaggerations was well known in New York City. He was so distrusted by Mayor Ed Koch in the 1980s that one of the mayor’s deputies, Alair Townsend, famously quipped, “I wouldn’t believe Donald Trump if his tongue were notarized.”

Mr. Trump spoke with journalists by phone while pretending to be a spokesman representing himself, in order to leak information about his business or his personal life. He claimed to have dated women who denied being involved with him. He claimed that he lived on the 66th through 68th floors of Trump Tower, which in fact has only 58 floors.

Reaching the presidency did not lead to a change in his habits. The Washington Post’s fact checker identified more than 30,000 false or misleading claims from him over his four years in office, a figure equivalent to 21 a day.

Mr. Trump has already tried to invoke the First Amendment in civil cases related to the attacks on the Capitol on Jan. 6, 2021. In February 2022, a federal judge in Washington ruled that lawsuits related to whether he incited the crowd that stormed the Capitol could proceed, in part because the First Amendment did not protect the speech he gave on the Ellipse before the riot.

“Only in the most extraordinary circumstances could a court not recognize that the First Amendment protects a president’s speech,” Judge Amit P. Mehta of the Federal District Court in Washington ruled. “But the court believes this is that case. Even presidents cannot avoid liability for speech that falls outside the expansive reach of the First Amendment. The court finds that in this one-of-a-kind case the First Amendment does not shield the president from liability.”

The experts and defense lawyers who read the indictment against Mr. Trump said that claiming that he was relying on the advice of lawyers was likely to provide Mr. Trump with a stronger defense than if he invoked the First Amendment.

In the interview on CBS, Mr. Lauro leaned into that argument, saying that Mr. Trump had a “smoking gun of innocence” in a memo that the conservative legal scholar John Eastman wrote for him. The memo said Mr. Trump could ask Mr. Pence to pause the congressional certification of the election. Mr. Eastman was not a White House lawyer at the time.

“John Eastman, who is an eminent scholar, gave the president an option — several options,” Mr. Lauro said.

Alan Feuer contributed reporting.



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DeSantis takes a risk, concedes Trump’s election lies were false

Gov. Ron DeSantis made a campaign appearance in Nevada a couple of months ago, and told a group of GOP voters that he was concerned that his party had “developed a culture of losing.” The Florida Republican was cautious, however, about the details: He didn’t explicitly say that Donald Trump was a part of this culture.

The apprehension was understandable, because the intra-party pressures surrounding the former president’s defeat were — and are — complex and potentially damaging. On the one hand, DeSantis wants Republican voters to know they should steer clear of candidates who’ve already lost. On the other hand, more than two-thirds of GOP voters have embraced Trump’s bonkers conspiracy theories and see Joe Biden’s presidency as illegitimate, reality notwithstanding.

If DeSantis were to say that the former president really did lose, he’d risk being seen by most of his party’s base as a traitor who sided with Democrats, election officials, judges, and people with access to calculators. If the governor were to say that Trump’s lies were true, and that the 2020 race was “rigged,” he’d undermine GOP voters’ motivation for a new and different nominee.

What would DeSantis do about this? It took a while, but we now finally have an answer. NBC News reported on comments the Floridian made while campaigning in Iowa.

Asked by a reporter during a campaign stop in Iowa whether the 2020 election was “stolen,” DeSantis said the fraud theories “did not prove to be true.” He did not, however, mention the name of his top rival for the GOP nomination, who was just indicted for allegedly working to overturn the last presidential election.

To be sure, the governor did not come right out and say, “Trump lied about his defeat,” despite the fact that Trump really did lie about his defeat, but DeSantis went considerably further than he has before.

“I’ve said many times, the election is what it is,” DeSantis said. “All those theories that were put out did not prove to be true.” He added that assorted theories, “you know, proved to be unsubstantiated.”

Note the classic and clumsy use of passive voice: The Florida Republican referenced “theories that were put out,” carefully avoiding reference to those responsible for the theories. It was effectively DeSantis’ way of saying lies were told, instead of pointing to those who told the lies.

What’s more, I’d be remiss if I neglected to mention that the phrase “the election is what it is” has no apparent meaning.

Nevertheless, the GOP governor has dodged questions about Trump and the 2020 race repeatedly for months, and he’s never come close to saying what he said today.

This shift appears to reflect the simple fact that DeSantis couldn’t stick to the same vague rhetoric indefinitely and expect to win his party’s nomination. To succeed, he’ll need to convince a whole lot of Republicans that Trump peddled nonsense and lost his re-election bid — which, fortunately for the governor, is what actually happened.

Having facts on his side, however, might not be enough, and it’s all but certain that Trump will seize on these comments as evidence of DeSantis siding with the reality-based community over the 69% of Republican voters who actually believe the former president’s “Big Lie.”

I won’t pretend to know whether this grudging acknowledgement of the truth — late on a Friday afternoon in early August — will help or hurt DeSantis’ candidacy, but at least it’s something new and different, in a race that’s been gradually slipping away from him.

This post updates our related earlier coverage.



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