The Weekender: Throwing Down the Gauntlet for SCOTUS

Hello, it’s the weekend. This is The Weekender ☕

The Brooks Brothers Riot 2.0, 3.0, 4.0 …

There’s a curious reference several pages into the Jack Smith filing that was unsealed this week, which provided the fullest account yet of Trump’s effort to coup his way out of losing the 2020 election.

It’s to the 2000 Brooks Brothers Riot, an event that Smith characterized as a “violent effort” to block vote-counting in Florida after the 2000 election. On its face, Smith was using the riot as an analogy for aspects of what happened in 2020: just as a Trump staffer allegedly replied to a mention of the riot by exhorting a “colleague” to start one, so did Trump later exhort his followers to riot to stop the count of electoral votes in Congress on January 6.

But it may mean something else, too.

Smith wrote the filing as a “motion for immunity determinations.” It’s a response to the Supreme Court’s July decision largely siding with Trump in broadening the President’s immunity from prosecution for ostensibly official acts to a level approaching that of a monarch. For the trial court, the remaining question is, which of the actions detailed in the indictment falls outside of the SCOTUS ruling? What did Trump do to stay in power in 2020 that constituted a private act?

The argument of Smith’s filing is that Trump’s actions to overturn his election loss were so egregious and so far outside the perimeter of immunity as defined by the Supreme Court that the judge should find that they were private acts, and therefore prosecutable.

It’s the level of detail in Smith’s filing, in particular, that throws down the gauntlet for the high court.

Assuming this version of the case makes it up to the Supreme Court again for review on immunity grounds (Trump is virtually guaranteed to appeal any adverse rulings on this), the justices will be faced with the prospect of saying that all of Trump’s actions in the run-up to and during January 6 are outside the realm of what’s prosecutable. That includes him egging on the crowd to attack Mike Pence, the fake electors scheme, the pressure on the state legislatures, and much more, as laid out in detail by Smith.

This is what brings me back to the description of the Brooks Brothers Riot. Of the justices currently on the court, Justices Barrett, Kavanaugh, and Roberts all advised the Bush campaign in some form or another on the 2000 election fight. By including the reference to the Brooks Brothers Riot, Smith tied the violence of Trump’s 2020 election theft attempt back to the 2000 election. I’m open to interpretations here, but given his audience, it’s striking as a particularly sharp way of calling out the same people who will have final say over the case.

Here’s what else TPM has on tap this weekend:

  • The go-to defense for Republicans who want to avoid questions related to January 6 is that the topic is a media fixation no one else wants to talk about. Unfortunately for them, Trump himself still really wants to talk about it, Emine Yücel writes.
  • Khaya Himmelman unpacks the various legal challenges to the Georgia Election Board, which may block some of the Trump-backed activists’ more damaging rules before Election Day. 
  • Emine Yücel takes a look at the Trump campaign’s fury that JD Vance was sort-of fact checked during the debate. 

Let’s dig in. 

Republicans Really Want Everyone To Forget About Jan. 6. — But Trump Just Can’t Let It Go.

Undoubtedly, the final topic of Tuesday night’s vice presidential debate was one of the strongest moments for Minnesota Gov. Tim Walz (D). Sen. JD Vance (R) had to reap what he sowed after he tried to dodge a question on the peaceful transfer of power.

“[Trump] is still saying he didn’t lose the election,” Walz said after a lengthy back and forth on Jan. 6. He then turned to Vance and asked the inevitable question: “Did he lose the 2020 election?”

“I’m focused on the future,” Vance replied, attempting to move on to a point about the COVID pandemic and content moderation.

“That is a damning non-answer,” Walz replied in response to Vance — creating one of the highlight moments of the night.

Vance’s non-answer and punt to focusing on “the future” is in line with what most Republicans seem to want desperately to do as they seek to memory hole Jan. 6. (I’m sure many would kill for a “Men In Black” neuralyzer right about now). Among them is House Majority Whip Tom Emmer (R-MN), who helped Vance prep for the debate.

When asked by CNN’s Kaitlan Collins if they discussed how to answer the inevitable 2020 election question ahead of the debate, Emmer tried to hold the line with a similar non-answer.

“Listen, he answered it. You don’t like the answer, but he answered it,” Emmer said. “This is something that you folks in the media want to focus on on a regular basis. The American people, and thank goodness JD Vance and Donald Trump, are focused on the election and how to fix the country.”

During the interview, Collins also pressed Emmer about the fact that he signed on to a lawsuit to invalidate election results in four states, as well as the fact that he later, apparently, changed his mind and voted to certify the election.

“What are you doing talking about something that’s four years ago?” Emmer responded.

Emmer, Vance, and much of the GOP have a big problem, however: The leader of their party is constantly talking about 2020.

“I didn’t rig the 2020 election, they did!” Trump screamed on Wednesday night in a Truth Social post.

If I may say, that doesn’t sound like the words of a man focused on the future.

The Latest Legal Challenge To The Rogue Georgia Board

The Democratic National Committee and the Georgia Democratic Party sued the MAGA-aligned Georgia state election board this week over yet another rule that could potentially delay the certification of the upcoming election results in the state. 

The rule, which passed on September 20 in a 3-2 vote, requires election workers to hand count the number of ballots cast in addition to a machine tabulation of the results in each precinct. 

Supporters of the rule, as previously reported by TPM, claim that it will, in the language of the rule’s proposal, “ensure the secure, transparent, and accurate counting of ballots by requiring a systematic process where ballots are independently hand-counted by three sworn poll officers.” The rule, however, is based on debunked and baseless conspiracy theories about vote tabulation machines from the 2020 election. 

“Putting 11, maybe 12 new rules into play days before Election Day is a grift. We are setting up our counties to fail. Why do we know they are going to fail? Because they are telling you that,” Georgia Democratic state Rep. Saira Draper said about the new rule, per the Washington Post.

The plaintiffs argue in their lawsuit that the board lacks the authority to approve a rule like this  close to an election, and are asking that the court declare the rule invalid. 

“If the Hand Count Rule is allowed to go into effect, the general election will not be orderly and uniform — large counties will face significant delays in reporting vote counts, election officials will struggle to implement new procedures at the last minute, poll workers will not have been trained on the new Rule because it was adopted too late, and the security of the ballots themselves will be put at risk,” the lawsuit argues. 

This is the second legal challenge mounted by Democrats against the board’s recently approved rules. 

The Democratic National Committee and the Georgia Democratic Party are also asking a Fulton County judge to issue a declaratory judgment that makes clear that county officials must certify election results despite the enactment of two additional rules that both have the power to delay certification. 

On August 6, the board passed a rule that gives the board the power to not certify the results of the election until after a “reasonable inquiry” into any discrepancies in the voting process at the county level has been conducted by election officials. The rule, experts told TPM, is intentionally vague, never defining what constitutes a “reasonable inquiry.”

Another rule, passed on August 19, gives election board members the authority “to examine all election-related documentation before certifying the results.” 

Judge Robert McBurney held a hearing in this case earlier this week, during which lawyers for both Democrats and the board agreed that certification must happen by the state-mandated deadline, which this year is 5 p.m. on November 12. Despite agreement about the certification deadlines, the plaintiffs argued that a declaratory judgment is still necessary because the rules themselves cause enough uncertainty to potentially prevent a county official from certifying. 

Words of Wisdom

“When they fact-checked Sen. Vance and shut off his mic — I thought that was pretty alarming, especially since the rules they agreed to were not to fact check the candidates on the stage but they just could not help themselves.”

That’s Donald Trump’s campaign press secretary Karoline Leavitt responding to a question about what stood out to her during the Tuesday night vice presidential debate. 
 

If anything, Tuesday night’s fact-checking was sparse and almost completely ineffective. The moderators allowed Vance to run them over several times, letting him completely take control of the narrative and yank viewers into an alternate MAGA reality. At some moments, however, it seemed like the moderators could not help themselves, and they offered up a few sentences to bring us back to reality. 
 

We’ve seen this again and again over the past decade. Giving Trump and his MAGA proxies air time without fact checking the disinformation they are so eager to spread is extremely dangerous and has consequences. We’re still watching the “Haitian immigrants in Springfield are eating your pets” line play out in the worst way possible — and that was fact checked. That’s the only “alarming” thing I see here.

5 Types Of People Who Spread Conspiracy Theories They Know Are Wrong

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.

There has been a lot of research on the types of people who believe conspiracy theories, and their reasons for doing so. But there’s a wrinkle: My colleagues and I have found that there are a number of people sharing conspiracies online who don’t believe their own content.

They are opportunists. These people share conspiracy theories to promote conflict, cause chaos, recruit and radicalize potential followers, make money, harass, or even just to get attention.

There are several types of this sort of conspiracy-spreader trying to influence you.

Coaxing conspiracists: the extremists

In our chapter of a new book on extremism and conspiracies, my colleagues and I discuss evidence that certain extremist groups intentionally use conspiracy theories to entice adherents. They are looking for a so-called “gateway conspiracy” that will lure someone into talking to them, and then be vulnerable to radicalization. They try out multiple conspiracies to see what sticks.

Research shows that people with positive feelings for extremist groups are significantly more likely to knowingly share false content online. For instance, the disinformation-monitoring company Blackbird.AI tracked over 119 million COVID-19 conspiracy posts from May 2020, when activists were protesting pandemic restrictions and lockdowns in the United States. Of these, over 32 million tweets were identified as high on their manipulation index. Those posted by various extremist groups were particularly likely to carry markers of insincerity. For instance, one group, the Boogaloo Bois, generated over 610,000 tweets, of which 58% were intent on incitement and radicalization.

You can also just take the word of the extremists themselves. When the Boogaloo Bois militia group showed up at the Jan. 6, 2021, insurrection, for example, members stated they didn’t actually endorse the stolen election conspiracy, but were there to “mess with the federal government.” Aron McKillips, a Boogaloo member arrested in 2022 as part of an FBI sting, is another example of an opportunistic conspiracist. In his own words: “I don’t believe in anything. I’m only here for the violence.”

Combative conspiracists: the disinformants

Governments love conspiracy theories. The classic example of this is the 1903 document known as the “Protocols of the Elders of Zion,” in which Russia constructed an enduring myth about Jewish plans for world domination. More recently, China used artificial intelligence to construct a fake conspiracy theory about the August 2023 Maui wildfire.

Often the behavior of the conspiracists gives them away. Years later, Russia eventually confessed to lying about AIDS in the 1980s. But even before admitting to the campaign, its agents had forged documents to support the conspiracy. Forgeries aren’t created by accident. They knew they were lying.

As for other conspiracies it hawks, Russia is famous for taking both sides in any contentious issue, spreading lies online to foment conflict and polarization. People who actually believe in a conspiracy tend to stick to a side. Meanwhile, Russians knowingly deploy what one analyst has called a “fire hose of falsehoods.”

Likewise, while Chinese officials were spreading conspiracies about American roots of the coronavirus in 2020, China’s National Health Commission was circulating internal reports tracing the source to a pangolin.

Chaos conspiracists: the trolls

In general, research has found that individuals with what scholars call a high “need for chaos” are more likely to indiscriminately share conspiracies, regardless of belief. These are the everyday trolls who share false content for a variety of reasons, none of which are benevolent. Dark personalities and dark motives are prevalent.

For instance, in the wake of the first assassination attempt on Donald Trump, a false accusation arose online about the identity of the shooter and his motivations. The person who first posted this claim knew he was making up a name and stealing a photo. The intent was apparently to harass the Italian sports blogger whose photo was stolen. This fake conspiracy was seen over 300,000 times on the social platform X and picked up by multiple other conspiracists eager to fill the information gap about the assassination attempt.

Commercial conspiracists: the profiteers

Often when I encounter a conspiracy theory I ask: “What does the sharer have to gain? Are they telling me this because they have an evidence-backed concern, or are they trying to sell me something?”

When researchers tracked down the 12 people primarily responsible for the vast majority of anti-vaccine conspiracies online, most of them had a financial investment in perpetuating these misleading narratives.

Some people who fall into this category might truly believe their conspiracy, but their first priority is finding a way to make money from it. For instance, conspiracist Alex Jones bragged that his fans would “buy anything.” Fox News and its on-air personality Tucker Carlson publicized lies about voter fraud in the 2020 election to keep viewers engaged, while behind-the-scenes communications revealed they did not endorse what they espoused.

Profit doesn’t just mean money. People can also profit from spreading conspiracies if it garners them influence or followers, or protects their reputation. Even social media companies are reluctant to combat conspiracies because they know they attract more clicks.

Common conspiracists: the attention-getters

You don’t have to be a profiteer to like some attention. Plenty of regular people share content where they doubt the veracity, or know it is false.

These posts are common: Friends, family and acquaintances share the latest conspiracy theory with “could this be true?” queries or “seems close enough to the truth” taglines. Their accompanying comments show that sharers are, at minimum, unsure about the truthfulness of the content, but they share nonetheless. Many share without even reading past a headline. Still others, approximately 7% to 20% of social media users, share despite knowing the content is false. Why?

Some claim to be sharing to inform people “just in case” it is true. But this sort of “sound the alarm” reason actually isn’t that common.

Often, folks are just looking for attention or other personal benefit. They don’t want to miss out on a hot-topic conversation. They want the likes and shares. They want to “stir the pot.” Or they just like the message and want to signal to others that they share a common belief system.

For frequent sharers, it just becomes a habit.

The dangers of spreading lies

Over time, the opportunists may end up convincing themselves. After all, they will eventually have to come to terms with why they are engaging in unethical and deceptive, if not destructive, behavior. They may have a rationale for why lying is good. Or they may convince themselves that they aren’t lying by claiming they thought the conspiracy was true all along.

It’s important to be cautious and not believe everything you read. These opportunists don’t even believe everything they write — and share. But they want you to. So be aware that the next time you share an unfounded conspiracy theory, online or offline, you could be helping an opportunist. They don’t buy it, so neither should you. Be aware before you share. Don’t be what these opportunists derogatorily refer to as “a useful idiot.”

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The Conversation

Top Execs Exit Trump Media Amid Allegations of CEO’s Mismanagement and Retaliation

This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Former President Donald Trump’s media company has forced out executives in recent days after internal allegations that its CEO, former Rep. Devin Nunes, is mismanaging the company, according to interviews and records of communications among former employees.

Several people involved with Trump Media believe the ousters are retaliation following what they describe as an anonymous “whistleblower” complaint regarding Nunes that went to the company’s board of directors.

The chief operating officer and chief product officer have left the company, along with at least two lower-level staffers, according to interviews, social media posts and communications between former staffers reviewed by ProPublica. The company, which runs the social media platform Truth Social, disclosed the departure of the chief operating officer in a securities filing Thursday afternoon.

ProPublica has not seen the whistleblower complaint. But several people with knowledge of the company said the concerns revolve around alleged mismanagement by Nunes. One person said they include allegations of misuse of funds, hiring of foreign contractors and interfering with product development.

In a statement, a spokesperson for Trump Media did not answer specific questions but said that ProPublica’s inquiry to the company “utterly fabricates implications of improper and even illegal conduct that have no basis in reality.”

“This story is the fifth consecutive piece in an increasingly absurd campaign by ProPublica, likely at the behest of political interest groups, to damage TMTG based on false and defamatory allegations and vague innuendo,” the statement said, adding that “TMTG strictly adheres to all laws and applicable regulations.”

Trump Media’s board comprises a set of powerful figures in Trump’s world, including his son Donald Trump Jr., former U.S. Trade Representative Robert Lighthizer and the businesswoman Linda McMahon, a major donor and current co-chair of Trump’s transition planning committee.

Nunes was named CEO of the company in 2021, with Trump hailing him as “a fighter and a leader” who “will make an excellent CEO.” As a member of Congress, Nunes was known as one of Trump’s staunchest loyalists.

After the internal allegations about Nunes were made at Trump Media, the company enlisted a lawyer to investigate and interview staffers, according to a person with knowledge of the company.

Then, last week, some employees who were interviewed by the lawyer were notified they were being pushed out, the person said. The employees being pushed out include a human relations director and a product designer, along with Chief Operating Officer Andrew Northwall and Chief Product Officer Sandro De Moraes. The person with knowledge of the company said Trump Media asked the employees to sign an agreement pledging not to make public claims of wrongdoing against the company in exchange for severance.

On Thursday afternoon, Northwall posted on Truth Social announcing he had “decided to resign from my role at Trump Media,” adding that he was “incredibly grateful” to Trump and Nunes “for this opportunity.”

“As I step back, I look forward to focusing more on my family and returning to my entrepreneurial journey,” the statement said.

De Moraes now identifies himself on his Truth Social bio as the “Former Chief Product Officer” of the company.

Some word of the departures became public earlier this week when former Trump Media employee Alex Gleason said in a social media post that “Truth Social in shambles. Many more people fired.”

Trump personally owns nearly 60% of the company. That stake, even after a recent decline in the company’s stock price, is worth nearly $2 billion on paper, a significant chunk of Trump’s fortune. He said last month he was not planning to sell his shares. What role Trump plays, if any, in the day-to-day operations of the company is not clear.

Since it launched in 2021, the company has become a speculation-fueled meme stock, but its actual business has generated virtually no revenue and Truth Social has not emerged as a serious competitor to the major social media platforms.

Among Nunes’ moves as CEO, as ProPublica has reported, was inking a large streaming TV deal with several obscure firms, including one controlled by a major political donor. He also traveled to the Balkans over the summer and met with the prime minister of North Macedonia, a trip whose purpose was never publicly explained by the company.

Trump Media has a formal whistleblower policy, adopted when the company went public in March, that encourages employees to report illegal activity and other “business conduct that damages the Company’s good name” and business interests. Do you have any information about Trump Media that we should know? Robert Faturechi can be reached by email at robert.faturechi@propublica.org and by Signal or WhatsApp at 213-271-7217. Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240.

The Origins of Trump Campaign’s New Approach to Field Operations

In this morning’s piece I mentioned going back to read articles I’d either missed on publication or read without focusing on these issues of ground game. One of the most interesting pieces in this category is the piece Tim Alberta wrote for The Atlantic which appeared just after the June debate disaster but a couple weeks before Biden’s departure from the race. The article is based on what seems to have been many months of reporting with a lot of access to the team running Trump’s campaign — Chris LaCivita and Susie Wiles. There are a number of really quite interesting storylines in the piece. I’m going to focus on the question of ground operations. Even back before the events of the summer, this was a big enough deal that it is one of the two or three dominant issues the piece grapples with.

Let me start by explaining, based in large part on Alberta’s piece, what the Trump campaign’s argument and theory of the election is on its own terms. It goes like this. The suburbs are heavily polarized. There’s not that much being accomplished by traditional door-knocking and canvassing there. And it tends to be a mass game: How many doors you knock, how many conversations you have, etc., with not enough focus on whether you’re zeroing in on the high-value contacts. The campaign points to Iowa, which was a key early test for Trump’s fight for the renomination and also a sore spot from back in 2016 when Ted Cruz got a jump on Trump and actually beat him. In 2024, the campaign tried something different. The key premise of its approach is the belief that there is a substantial population of people who are really into Trump or at least very down with the Trump worldview but just don’t vote. They’re just totally disaffected from politics and the political world. But if they did vote they’d be certain to vote for Trump. This isn’t a crazy idea since disaffection from elite institutions and elements of mainstream culture is sort of inherent in Trumpism.

Continue reading “The Origins of Trump Campaign’s New Approach to Field Operations”

In Wake Of Tyre Nichols Verdict, States And Localities Must Act To End Racialized Violence During Traffic Stops

This article is part of TPM Cafe, TPM’s home for opinion and news analysis.

Yesterday, the jury delivered a verdict in the federal trial of three of the five Memphis, Tennessee police officers responsible for the fatal beating of 29-year-old Tyre Nichols during a 2023 traffic stop. The jury spent three weeks listening to powerful testimony, including from the other two officers involved who have already pleaded guilty. The verdict was mixed. All three officers were found guilty of witness tampering, but two were acquitted of all civil rights charges and one was found guilty of a less serious civil rights violation. 

The fact that these officers will be held accountable for their actions is important and may provide some measure of comfort to the Nichols family. At the same time, individual prosecutions against police officers for misconduct are exceedingly rare, often yield mixed results, and are insufficient to honor the memory of those like Nichols who should still be alive today. To prevent the needless deaths of more Black Americans during traffic stops, we need to pursue meaningful systemic change in police traffic enforcement.

Police officers interact with the public via traffic stops more than at any other time — they make roughly 20 million of them per year. Black motorists are stopped more often and are more likely to be searched than their white counterparts, despite being less likely to possess illegal drugs or weapons. As many as half of all traffic stops are made for minor infractions unrelated to dangerous driving, and police often use these pretextual stops as an excuse to investigate other crimes — an often unsuccessful practice rife with racial profiling.

Traffic stops for minor violations are not only pervasive, ineffective and racially biased — they also put drivers’ safety at risk. Last year, nearly one-tenth of the 1,352 people killed by police in America were killed during the course of a traffic stop. Police use of force is even more common. On an annual basis, police use or threaten to use force on 1 million people, resulting in 75,000 nonfatal injuries. These dangers are more real for people of color, who experience greater risk of an encounter with police escalating into violence, and who are three times more likely than white people to be killed by police. 

No amount of money, fame or notoriety can shield Black drivers from the dangers of police traffic stops. Last month, Tyreek Hill was pulled over and physically restrained by Miami-Dade police officers while he was only a few blocks from the stadium where he would later play in the Miami Dolphins home opener. Hill — like so many others whose experiences with police violence have made the national headlines — called for the officers involved to be held accountable, and to reignite the fight for police reform that has stalled in recent years. 

Nichols’ murder also spurred lawmakers to confront the pervasion of racial injustice within police enforcement of traffic laws. The Memphis City Council made progress by passing a series of reforms, including one aimed at reducing traffic stops for minor infractions like broken tail lights. Similar driving equality policies have been implemented elsewhere, but the pushback to this public safety win in Memphis was swift. Less than a year after the bill passed, conservative lawmakers in the Tennessee state legislature preemptively overruled the will of local voters and passed a bill prohibiting local districts from enacting these types of reforms.

Tennessee’s regressive action can and should be an outlier. People with platform, influence, and policymaking authority should wield it to shine a light on the systemic changes that could mitigate some of the most harmful police traffic enforcement policies and practices in local communities. These changes include:

  • Urging localities to enact driving equality laws and ordinances restricting the use of traffic stops for low-level violations that don’t endanger roadway safety, like Philadelphia and Virginia have done. 
  • Encouraging local police departments to adopt policies prioritizing their resources to respond to infractions that pose an immediate threat to traffic safety over minor violations, like Los Angeles, San Francisco and Ann Arbor, Michigan have done. 
  • Encouraging local prosecutors to establish policies that require the declination of cases that are based on evidence obtained during a non-safety or pretextual stop, like counties in Vermont, Michigan and Minnesota have done.
  • Supporting community-focused efforts such as organizing brake-light clinics in Memphis, assessing alternatives to police traffic enforcement in Los Angeles, and improving data transparency in Connecticut


For too long, certain police officers have abused their power by inflicting harm on the very people they’re sworn to serve — making driving more dangerous for Black Americans and other people of color. Holding individual officers accountable for violence and misconduct is critical, but systemic change requires systemic action in partnership with the people who live this reality every day. We’re seeing successful policy strategies take hold in communities across the country, proving that it is possible to move past individualized justice and America’s legacy of racial bias, over-policing, and undue violence.

Election Denier Tina Peters Slapped With 9-Year Prison Sentence

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

‘You’re As Defiant A Defendant As This Court Has Ever Seen’

Nearly four years later, the slow grind of accountability for the embrace and perpetuation of the Big Lie in the 2020 election continues — even as Donald Trump himself is poised to potentially win back the presidency next month.

In a contentious sentencing hearing Thursday in Mesa County, Colorado, former county clerk Tina Peters was still trying to convince the judge that the 2020 election was stolen. State Judge Matthew Barrett was having none of it.

“You are no hero,” Barrett told Peters. “You’re a charlatan who used, and is still using, your prior position in office to peddle a snake oil that’s been proven to be junk time and time again.” 

Peters was convicted in August on multiple counts related to tampering with the voting machines she oversaw as an election official, all part of her half-baked pursuit of proof of her baseless contention that the election was rigged. A man with connections to My Pillow Guy Mike Lindell was given access months after the election to one of the county’s Dominion Voting machines, and the fruits of that fishing expedition ended up being shown at a Big Lie event hosted by Lindell.

“Peters was found guilty of three felony counts of attempting to influence a public servant and one count of conspiracy to commit criminal impersonation. She was also convicted of first-degree official misconduct, violation of duty, and failure to comply with an order from the Secretary of State, all misdemeanors,” Colorado Public Radio reported. She was found not guilty on three other counts.

Peters was tearful at times during her sentencing but remained unapologetic, which further irritated the sentencing judge. “You cannot help but lie as easy as you breathe,” he told her.

In handing down Peters’ sentence, the judge said he considered her convictions serious and noted that prison is for “people who are a danger to all of us.”

“I am convinced you would do it all over again if you could,” the judge scolded Peters. “You’re as defiant as any defendant this court has ever seen.”

Liz Cheney Stumps For Kamala Harris

It was an extraordinary tableau in Ripon, Wisconsin, the birthplace of the Republican Party.

Liz Cheney, the scion of the Cheney family whose father’s notorious vice presidency was a horror to progressives in the aughts, was greeted with cheers of “Thank you, Liz” at a campaign rally for Vice President Kamala Harris.

Appearing alongside and endorsing Harris, Cheney gave an eloquent speech on the historic dangers posed by Donald Trump to the Constitution and the rule of law.

Having ended a career in Republican politics by taking on Trump, including serving as co-chair of the House Jan. 6 committee, the former representative, who was once the third-ranking member in the House GOP leadership, reiterated anti-Trump themes she has struck for a long time. But never in a setting like this (the first 50 seconds is when the crowd is chanting her name):

Jan. 6 Developments

  • TPM’s Josh Kovensky: The Striking Details That Jack Smith Used To Tighten His January 6 Case Against Trump
  • Lisa Needham: Jack Smith’s bombshell immunity brief: In a sane world it would be Watergate-level news.
  • WaPo: Who’s who in Jack Smith’s massive Trump election interference filing
  • U.S. District Judge Tanya Chutkan granted Trump an extension from Oct. 17 to Nov. 7 to file his response to Special Counsel Jack Smith’s mammoth brief on presidential immunity. That was less additional time than Trump had requested.

2024 Ephemera

  • Former President Barack Obama launches a four-week campaign blitz for Harris.
  • Elon Musk will attend Trump’s Saturday rally in Butler, Pennsylvania, the site of the July assassination attempt that wounded Trump and killed a supporter.
  • NYT: Photos from when he was a college student in 2006 show Rep. Mike Lawler (R-NY) in blackface as Michael Jackson.

Docks Reopen

After reaching a tentative agreement on higher wages, the longshoremen’s union suspended its strike and resumed work at ports on the East and Gulf coasts.

Always Be Grifting

When CNN requested an interview with Melania Trump about her new memoir, her book publisher asked for $250,000 in exchange — before later calling it an “internal miscommunication.”

Trump Didn’t Want Disaster Aid For Blue California

With the death toll from Hurricane Helene rising to 213, 72 of those in and around Buncombe County (Asheville), E&E News interviewed two former Trump White House officials who said that Trump was going to withhold disaster aid for the 2018 California wildfires because it’s a blue state — until they “pulled voting results to show him that heavily damaged Orange County, California, had more Trump supporters than the entire state of Iowa.”

‘The Rain It Chased Me Down’

Enjoy your weekend!

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Digging Into Turning Point USA’s Role in the Trump 2024 Ground Game

So, I’ve been trying to poke around further into my new favorite mystery: the GOP ground operation and what on earth is going on with it. So far, I’ve been looking back at articles I’d read on publication and rereading them, and at articles I had not read and reading them for the first time, for clues into the Trump/RNC ground game question that I’ve been discussing in recent posts. One thing I hadn’t fully grasped or perhaps had forgotten is that Turning Point USA and its chieftain Charlie Kirk had a big role in pushing for the ouster of Ronna McDaniel at the RNC. And the push seems to have been in significant measure about wanting to take over or play a bigger role in GOP field operations. So a substantial amount of the impetus for all of this appears to have originated with Turning Point and its campaign arm, Turning Point Action. So that’s one clue.

Continue reading “Digging Into Turning Point USA’s Role in the Trump 2024 Ground Game”

Montana Republicans Seek To Entice SCOTUS With Chance To Strengthen Dangerous Tool

Republican officials in Montana are already resurrecting the independent state legislature theory, which would imbue state legislatures with enormous power over federal elections. 

Getting a majority on the Supreme Court to affirm some version of the theory has been a recent white whale of Republican state legislatures as they seek to make voting more difficult without the other branches of state government interfering. The Supreme Court in 2023 rejected a maximalist version of the theory pushed by North Carolina Republicans that would have empowered state legislatures to control voting laws, election administration and redistricting alone, to the exclusion of state courts and state constitutional guardrails.. 

But the majority, led by Chief Justice John Roberts, left room for ambiguity, saying that “state courts do not have free rein” in hemming in state legislative action, that the courts cannot “transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.”

What “transgresses the ordinary bounds,” though, is anybody’s guess. 

Montana Republicans are taking advantage of that vagueness to encourage the Court to produce a more robust form of Roberts’ theory, one which severely limits the extent to which state courts can enforce their constitutions (many of which include a right to vote). 

In this case, the Montana Supreme Court knocked down two voter suppression measures — one of which would end same-day registration, curtailing registration at noon the day before the election, and the other which would ban the paid collection of absentee ballots — finding that they violated the state constitutional right to vote.  

The Republicans say that the court has gone too far into the legislature’s terrain, that they should be able to make voting more difficult with impunity. They’re asking the Supreme Court to take up the case this term.

It’ll be a critical test to see how thoroughly the Court actually opposes the theory, which puts the true integrity of our elections (not the shorthand Republicans use when they want to give a respectable gloss to voter suppression) at serious risk.

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