Trump lashes out at Gov. Doug Ducey following certification

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Dec 25, 2020 3:27 am

Trump met with Pence before calling on the vice president to thwart the Electoral College: report
Pence was named in a recent lawsuit that seeks to block him from ratifying Biden's victory on Jan. 6

by Roger Solenberger
December 24, 2020 10:06PM (UTC)

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Just before President Donald Trump shared a tweet calling for Vice President Mike Pence to "act" against the Senate's coming ratification of the Electoral College vote, he reportedly met for more than an hour with his second-in-command, CNN reported.

While a person familiar with the events told CNN that the Oval Office discussion was "entirely unrelated" to the demand in the tweet, the person declined to say if the ratification issue came up. Trump soon left town for Mar-a-Lago, reportedly still obsessed with overturning his loss to President-elect Joe Biden. On the flight to Palm Beach, accompanied by his personal attorney Rudy Giuliani — the former spokesperson for LifeLock brand identity theft protection services — Trump retweeted a demand for Pence to refuse to certify the Electoral College results on Jan. 6, an impossibility that arose from baseless chatter in right-wing internet crawlspaces.

Giuliani will spend the holidays at the outgoing president's Mar-a-Lago club, where the two men will likely discuss the limited post-election actions that may still be available to them. Trump and his GOP allies have gone one-for-sixty so far in their efforts to sue their way to victory ahead of the Electoral College's vote. Giuliani now faces a defamation suit from an executive at a voting machine company who was forced into hiding following threats on his life stemming from some of the former New York mayor's remarks in those efforts.

Trump has recently griped that his vice president, who as President of the Senate will formally preside over the ratification of his loss, has not gone to bat for him. CNN reported that Trump has raised the issue with Pence, but appears "confused" about why the vice president can't use his role to overturn the election.


Speaking this Tuesday at an event in Florida for the young conservative group Turning Point USA, Pence did not mention the ratification, but promised to fight "until every legal vote is counted" and "every illegal vote is thrown out."

That same day, the conservative Thomas More Society filed a lawsuit against Pence and the entire Electoral College, claiming that Pence should not be allowed to count the votes because states have not "affirmatively voted to certify the Presidential electors" — despite the fact that the electoral college has already voted. The court filing includes Pence due to what the plaintiffs describe as his "legal obligations under the Constitution and federal law" to preside over ratification.

"I can't even describe it," election law attorney Marc Elias wrote on Twitter. "It's really dumb."

The vice president is not constitutionally bound to ratify the final vote. For instance, in 1969, when then-Vice President Hubert Humphrey declined to preside over his loss to Richard Nixon, the role fell to the Senate president pro tempore — a post currently held by Republican Sen. Chuck Grassley of Iowa.


In a parallel fit of absurdity, Rep. Mo Brooks, an Alabama conservative, has volunteered to lead a floor debate on Jan. 6, and claims he has the support of "multiple Senators." Brooks recently discussed the plan at a meeting with Trump and a number of GOP representatives, and claimed Pence had made an appearance. The debate as planned would last 12 hours, after which Biden would be ratified as the next President of the United States.

A Pence spokesperson in a lengthy email exchange refused to reply to Salon's request for comment.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Dec 25, 2020 5:22 am

Armed Protesters Break Into Oregon State Capitol Building, Break Windows, Assault Journalists, Hit Police With Chemical Agent
by Tom Tapp
Deadline
December 21, 2020

Image
Armed protesters storming the Oregon State Capitol
AP Photo/Andrew Selsky


According to the Oregon State Police and multiple media reports, a group of armed protesters broke windows and stormed the capitol while the state legislature was in session on Monday. Legislators were debating Covid-19 restrictions and related public assistance in closed session. The only people permitted inside the building were members of the Salem Police Department and the Oregon State Police as well as lawmakers, staff and reporters.

The protesters, many with flak jackets, military helmets and some carrying long guns with multiple magazines, entered the capitol building at about 8:30 am. According to Salem PD, “at least one of the protesters used chemical agents on the police…OSP [Oregon State Police] used inert pepper ball, while dealing with these protestors.”

At 10:30 police had gathered in sufficient numbers to push the crowd out of the building. It was then that “another individual used bear spray against police officers,” according to an OSP statement. “He was arrested on multiple charges including trespassing and assaulting a police officer.

Image
Salem Police Department
@SalemPoliceDept
UPDATE @1140: Since approximately 8030 this morning, December 21, protesters assembled on the grounds of the @OregonCapitol. At about 0930 @ORStatePolice declared an unlawful assembly & made various audible announcements for dispersal to the crowd outside & warnings to leave to the individuals who forced their way into the Capitol. @ORStatePolice continues to make those announcements. All events taking place in the capitol bldg & on its grounds are under OSP's jurisdiction. SPD is assisting OSP as mutual aid.
At this time, the streets around the @OregonCapitol grounds are closed and Salem Police officers are providing support to ensure the public's safety on our city streets.
Please avoid the area and follow all directions for detours. Thank you.
#salemoregon


Later in the day, the protesters returned and tried to gain entry again, kicking in glass entryway doors, before police again repelled them.

Image
Nick Knudsen @NickKnudsenUS Dec 21, 2020
Replying to @NickKnudsenUS
This guy seems nice.
Nick Knudsen
@NickKnudsenUS
Just before their violent physical assaults on journalists, the right wing extremists literally tried to kick in the door of the Oregon State Capitol in Salem.
4:11 PM Dec 21, 2020


Those assembled also attacked a photographer for the Salem Statesman General. One is heard on video telling the photographer, "I'm gonna f*ck you up," as the journalist leaves. See videos above and below.

Image
Nick Knudsen
@NickKnudsenUS
Right wing thugs intimidated and threatened journalist @_Briant_ICT - for trying to cover their unlawful assembly at the Capitol in Salem, Oregon today.
They tried to storm the Capitol with pistols and rifles in protest of COVID-19 restrictions.
3:49 PM Dec 21, 2020


Those assembled also attacked a photographer for the Salem Statesman General. One is heard on video telling the photographer, “I’m gonna f*ck you up,” as the journalist leaves. See videos above and below.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Dec 25, 2020 5:36 am

The Last Word With Lawrence O'Donnell
by Lawrence O'Donnell
MSNBC
Dec 24, 2020



Well, the outgoing President is attempting a coup. Not something "kind of like" a coup, not something "close to" a coup, it's the actual thing: It's a coup! And it's everything Donald Trump promised to do and said that he wanted to do all along ...
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Dec 25, 2020 11:22 pm

Bar Charge Re: Dennis I. Wilenchik, John “Jack” D. Wilenchik, Lee Miller, Wilenchik & Bartness; Alexander Kolodin SBN 020826, Christopher Viskovic SBN 013860, Chris Ford 029437, and Sue Becker MO 64721; Brett Johnson SBN 921527, Eric Spender SBN 022707, Snell & Wilmer, Attorney for Republican National Committee; Kory Langhofer SBN 024722 and Thomas Basile SBN 031150; Davis Spilsbury, Erick G. Kaardal, No. 1035141* Special Counsel to Amistad Project of the Thomas More Society, William F. Mohrman, 168816,* Gregory Erickson 0276522* Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota; Brandon Johnson, Emily P. Newman, Sidney Katherine Powell of Sidney Powell PC in Dallas, TX; Howard Kleinhenbdler, New York, NY; Julia Zuszua Haller, Washington, DC; L Lin Wood, Atlanta, GA.
by Dianne Post, Bob McWhirter, Roxana Bacon, Brendan Mahoney, Gail Gianasi Natale, Amelia Craig Cramer, and Victor Aronow
December 16, 2020

NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT

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HIGHLIGHTS:

Arizona Republican Party v. Adrian Fontes et al.: [O]nly Maricopa County, where the attorneys’ favored candidate lost, was sued. Other counties using the same counting protocols and process were not, since the “right” candidate won there...

Laurie Aquilera et al v. Adrian Fontes et al.:The judge noted that the plaintiffs said 13 times that the county did not deliver a “perfect” election but the plaintiff’s own expert testified there is no such thing as a “perfect” election nor does the law expect nor require a perfect election given the fallibility of humans and machines. Two people claimed they had difficulty voting. Both ballots were in fact in the machines and one received notice that it was in fact counted. The two voters expressed worry that their votes would not be counted. That was the extent of their concern.

Such flimsy evidence did not substantiate cognizable legal claims. The relief requested was not appropriate. The plaintiffs failed to allege harm sufficient to achieve standing. Both “worried” voters cast their ballots, both were told they were counted. Given free range to present their cases, Plaintiffs could not show that defendants had done anything wrong, could not show the plaintiffs were injured, and did not seek relief that was within the court’s jurisdiction...

Supreme Court of Az, Kelli Ward v. Jackson et al.: The Arizona Supreme Court unanimously upheld the lower court because there was no evidence of misconduct or illegal votes or fraud or a high error rate. In fact the lower court judge had gone out of his way, some say illegally, to allow the plaintiffs to examine 1,626 duplicated ballots only to find nothing. The tiny percentage of errors showed no fraud of any kind...

Stevenson et al v. Ducey et al.: This suit presented one of the more bizarre claims: that unidentified grant money was distributed to direct the actions of election officials by some “shadow government” orchestrated by Mark Zuckerberg, that there was an unusually large number of absentee ballots and that there was outreach to the elderly and historically disenfranchised populations. It was also alleged that some anonymous unknown government data (not the same “shadow government” apparently) said the real difference between candidates was 300,000....

Bowyer et al v. Ducey et al.: [T]he lawsuit is filled with baseless claims from anonymous sources and expert witnesses with no expertise. It offers no facts or first-hand knowledge. Some of the more bizarre allegations are that Venezuela, Iran, and China rigged the election through voting machines, a former military intelligence analyst known as Spider rigged it, and some unfathomable data analysis from an unknown source proved this. This suit, like the others, is an attempt to use Arizona courts to attack democracy, to pummel our federal and Arizona state Constitution, and the rule of law, all in violation of lawyers’ oath of admission. This suit is so absurd it is a parody of pleading. It claims that the Arizona’s Secretary of State and Governor conspired with various domestic and international actors to manipulate Arizona’s 2020 General Election. With 300 pages of attachments based on anonymous witnesses, hearsay, and irrelevant analysis of unrelated elections, the suit has not a shred of legally admissible evidence. The suit violates litigation 101 by not even alleging that the named defendants did anything in violation of law. Their conclusions, all drawn from unreliable or unidentified sources, are pure fiction; for example, one anonymous witness blames Hugo Chavez, former President of Venezuela, now dead 7 years...

In all of the cases, the offered evidence was found to be false, and there is not much doubt the attorneys knew that which is also in violation of ER 3.3.


Law Offices of Robert J. McWhirter
Robert J. McWhirter
812 North Second Avenue
Phoenix, Arizona 85003
Bob@robertjmcwhirter.com
(480) 999-4004

December 16, 2020

Lawyer Regulation Division
State Bar of Arizona
4201 North 24th Street, Suite 200
Phoenix, AZ 85016-6288

Bar Charge re: Dennis I. Wilenchik, John “Jack” D. Wilenchik, Lee Miller, Wilenchik & Bartness; Alexander Kolodin SBN 020826, Christopher Viskovic SBN 013860, Chris Ford 029437, and Sue Becker MO 64721; Brett Johnson SBN 921527, Eric Spender SBN 022707, Snell & Wilmer, Attorney for Republican National Committee; Kory Langhofer SBN 024722 and Thomas Basile SBN 031150; Davis Spilsbury, Erick G. Kaardal, No. 1035141* Special Counsel to Amistad Project of the Thomas More Society, William F. Mohrman, 168816,* Gregory Erickson 0276522* Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota; Brandon Johnson, Emily P. Newman, Sidney Katherine Powell of Sidney Powell PC in Dallas, TX; Howard Kleinhenbdler, New York, NY; Julia Zuszua Haller, Washington, DC; L Lin Wood, Atlanta, GA.

TO THE STATE BAR OF ARIZONA: Disciplinary Department

The U.S. and Arizona judicial systems are designed to give very wide latitude in bringing claims including unpopular and novel claims, but there are limits. Attorneys have an ethical obligation to bring claims that have legal and factual merit. As Arizona attorneys, we are obligated to report when another lawyer fails in ethical obligations in such a way that it reflects on a lawyer’s honesty, trustworthiness or fitness as a lawyer and reflects poorly on the legal profession. The undersigned believe that to be the case here.

The 2020 presidential election has been politically contentious. We are loath to wade into the politics in this forum. Our concern here is the repeated presentation of utterly meritless cases that have been in the Arizona state and federal courts including the U.S. Supreme Court by local and out of state counsel, knowing that the cases lacked legal merit and any factual foundation whatsoever. Confidence in the legal system is seriously eroded when attorneys treat lawsuits as a platform for broadcasting “gossip and innuendo,” utterly devoid of factual proof, as a political stunt. That is what has happened repeatedly in Arizona and is the basis for this report of ethical violations by said attorneys under the Rules of Professional Conduct.

First, we believe we must file this complaint. Under the Arizona Rules of Professional Conduct, Rule 42, lawyers have a duty to report professional misconduct.

ER 8.3. Reporting Professional Misconduct

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority, except as otherwise provided in these Rules or by law.

Thus, it is our professional duty to report a host of legal and ethical violations by the named attorneys in conjunction with recent Arizona litigation surrounding the 2020 presidential election.

We are not alone.

Over 3,000 lawyers from across the country, including professors of legal ethics, have signed a letter, that was published in the New York Times on Dec. 7 and Washington Post on Dec. 9, explaining that lawyers must mobilize members of our profession to fulfill their responsibility to protect and defend the rule of law and uphold the core principles and values of our democracy.

The letter outlines that this barrage of litigation is based not on law but on a clear political agenda: to undermine confidence in elections that will inevitably subvert constitutional democracy. As the letter says, “Sadly, the President’s primary agents and enablers in this effort are lawyers, obligated by their oath and ethical rules to uphold the rule of law. Bar Associations need to condemn this abuse and bar disciplinary authorities need to investigate it.”

Lawyers take an oath to support the Constitution. The amended version of the oath of Admission to the Arizona Bar became effective January 2, 2017 and states:

I, (state your name), do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the State of Arizona;

I will treat the courts of justice and judicial officers with due respect;

I will not counsel or maintain any action, proceeding, or defense that lacks a reasonable basis in fact or law;

I will be honest in my dealings with others and not make false or misleading statements of fact or law;

I will fulfill my duty of confidentiality to my client; I will not accept compensation for representing my client from anyone other than my client without my client's knowledge and approval;

I will avoid engaging in unprofessional conduct; I will not advance any fact prejudicial to the honor or reputation of a party or witness, unless required by my duties to my client or the tribunal;


I will support the fair administration of justice, professionalism among lawyers, and legal representation for those unable to afford counsel;

I will at all times faithfully and diligently adhere to the rules of professional responsibility and A Lawyer's Creed of Professionalism of the State Bar of Arizona.


The attorneys in these cases in Arizona, ten lawsuits and twenty-one lawyers in all, have violated their oaths and their professional ethics. There is no exception to the Rules simply because someone holds passionate partisan beliefs. As the letter signed by over 3,000 lawyers says,

it is indefensible for lawyers to falsely proclaim widespread voting fraud, submit a pattern of frivolous court claims and actively seek to undermine citizens’ faith in our election’s integrity.


We condemn this conduct without reservation. It demeans the legal profession and the multitudes of lawyers of all political persuasions who daily serve their clients and the public honorably. Our profession needs to affirm that this behavior grossly deviates from the bar’s deep commitment to democratic institutions and the fact-based processes that maintain our democracy’s vitality.

That is why we ask that the Bar take seriously and do a thorough investigation and follow through on this complaint and its companion complaint filed earlier regarding one of the lawsuits.

Below is a brief summary of the ten different lawsuits that were filed by the twenty-one different attorneys:

1. Aguilera et al v. Fontes et al, CV 2020-014083 and CV 2020-014248, Hon. Margaret R. Mahoney, filed 11/2020, attorney Alexander M. Kolodin.

After motion practice and an order to show cause hearing, answers were not filed and a motion to dismiss from the plaintiff was, so the case was dismissed. See below as well.


2. Arizona Republican Party v. Adrian Fontes et al., CV2020-014553, Hon. John Hannah. Filed November 12, 2020. Attorneys were Dennis I. Wilenchik, John “Jack” D. Wilenchik, Lee Miller, Wilenchik & Bartness.

The defendant pointed out that the case had no substantial justification and was brought to delay and harass. Plaintiff’s attorneys knew there was no merit to the claim as the requested hand count had already been announced, and the state Attorney General had released a letter publicly confirming that fact. Indeed, Lee Miller, named in this complaint, had worked in the Secretary of State’s office and was well aware that the challenged counting process had been in existence for nearly 10 years without issue. And finally, only Maricopa County, where the attorneys’ favored candidate lost, was sued. Other counties using the same counting protocols and process were not, since the “right” candidate won there.


The goal in the spurious filings was to rally the anti-election base and delay the certification of the election results.

Clearly the suits were filed in bad faith, to spread disinformation about election results and add to the false claim that the election was “rigged.” For politicians to spout that nonsense in a press conference is one thing, but for attorneys to try to use the courts solely for political disruption is not allowed.

3. Laurie Aquilera et al v. Adrian Fontes et al. CV2020-014562, Hon. Margaret Mahoney, Filed 11/12/2020. The attorneys were Alexander Kolodin SBN 020826, Christopher Viskovic SBN 013860, and Sue Becker MO 64721. The case was dismissed November 29, 2020.

The judge noted that the plaintiffs said 13 times that the county did not deliver a “perfect” election but the plaintiff’s own expert testified there is no such thing as a “perfect” election nor does the law expect nor require a perfect election given the fallibility of humans and machines. Two people claimed they had difficulty voting. Both ballots were in fact in the machines and one received notice that it was in fact counted. The two voters expressed worry that their votes would not be counted. That was the extent of their concern.

Such flimsy evidence did not substantiate cognizable legal claims. The relief requested was not appropriate. The plaintiffs failed to allege harm sufficient to achieve standing. Both “worried” voters cast their ballots, both were told they were counted. Given free range to present their cases, Plaintiffs could not show that defendants had done anything wrong, could not show the plaintiffs were injured, and did not seek relief that was within the court’s jurisdiction.
So the case was dismissed for failure to state a claim or alternatively denying relief for failure to produce evidence demonstrating entitlement to any relief.

4. Donald J Trump for President Inc, et al. v. Katie Hobbs, et al. CV 2020- 014248, filed 11/7/2020 Hon. Daniel J. Kiley, original attorneys were Brett Johnson SBN 921527, Eric Spender SBN 022707, Snell & Wilmer, Attorney for Republican National Committee. Later attorneys Kory Langhofer SBN 024722 and Thomas Basile SBN 031150 took over representation.

This is the “green button” case in which it is alleged that the election should be overturned due to overvotes. It was merged with 014083, Aquilera v. Fontes et al, and both ultimately were dismissed. Attorneys Johnson and Spender filed a Notice of Clarification and Withdrawal of Associated Counsel on 8 November 2020. Attorneys Langhofer and Basile took over.

On 9 November 2020, Alexander Kolodin 030826, Christopher Viskovic 035860, and Chris Ford 029437 filed a motion with Sue Becker (MO 64721) for a proposed Verified Complaint-in-intervention adding Laurie Aguilera into the law suit with the “Sharpie-gate” allegations.

On November 13, 2020, Langofer filed a “Notice of Partial Mootness” before Hon. Daniel Kiley, saying that since the close of the previous day’s hearing, the tabulation of the votes rendered unnecessary a ruling on presidential electors. Both cases were dismissed.

5. Supreme Court of Az, Kelli Ward v. Jackson et al. CV2020-015285, Maricopa County Superior Court; Hon. Randall Warner, No. CV-20-0343-AP/EL Arizona Supreme Court, Case filed 11/24/20, decision from Supreme Court filed 12/08/2020. Attorneys were Dennis and Jack Wilenchik and Lee Miller SBN 012530.

The Arizona Supreme Court unanimously upheld the lower court because there was no evidence of misconduct or illegal votes or fraud or a high error rate. In fact the lower court judge had gone out of his way, some say illegally, to allow the plaintiffs to examine 1,626 duplicated ballots only to find nothing. The tiny percentage of errors showed no fraud of any kind. A petition has now been filed by Jack Wilenchik to the U.S. Supreme Court to hear this case.

6. Stevenson et al v. Ducey et al, CV2020-096490, Maricopa Superior Court, December 4, 2020, Attorney Davis Spilsbury, filed a Petition for Election Contest on behalf of an alleged group called “Arizona Election Integrity Association” to vacate the presidential election result because of the absentee ballot error rate. They claimed that defendants so mismanaged the election process that no one can have faith in it. Out of state attorneys with pro hac vice applications filed include Erick G. Kaardal, No. 1035141* Special Counsel to Amistad Project of the Thomas More Society, William F. Mohrman, 168816* Gregory Erickson 0276522* Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota. This suit presented one of the more bizarre claims: that unidentified grant money was distributed to direct the actions of election officials by some “shadow government” orchestrated by Mark Zuckerberg, that there was an unusually large number of absentee ballots and that there was outreach to the elderly and historically disenfranchised populations. It was also alleged that some anonymous unknown government data (not the same “shadow government” apparently) said the real difference between candidates was 300,000. The case was voluntarily dismissed on 12/7/2020.

7. Bowyer et al v. Ducey et al, Judge Diane J Humetewa, Federal District court, 2020-cv – 2321. Filed 12/02/20. Attorneys are: Alexander Michael Kolodin, Christopher Alfredo Viskovic. Out of state attorneys are Brandon Johnson, Emily P. Newman, Sidney Katherine Powell of Sidney Powell PC in Dallas, TX; Howard Kleinhenbdler, New York, NY; Julia Zuszua Haller, Washington, DC; L Lin Wood, Atlanta, GA. The case was dismissed on 12/9/2020. Interestingly the Snell and Wilmer attorneys are now on the side of the defense.

“This case is an attempt to undermine our confidence in the (election) system with no basis in law or fact,” Justin Nelson of the defense said. “They are using the federal court system in an attempt to undermine the rule of law and obtain breathtaking, startling and unprecedented relief to overturn the will of the people.”

Like those filed before, the lawsuit is filled with baseless claims from anonymous sources and expert witnesses with no expertise. It offers no facts or first-hand knowledge. Some of the more bizarre allegations are that Venezuela, Iran, and China rigged the election through voting machines, a former military intelligence analyst known as Spider rigged it, and some unfathomable data analysis from an unknown source proved this. This suit, like the others, is an attempt to use Arizona courts to attack democracy, to pummel our federal and Arizona state Constitution, and the rule of law, all in violation of lawyers’ oath of admission. This suit is so absurd it is a parody of pleading. It claims that the Arizona’s Secretary of State and Governor conspired with various domestic and international actors to manipulate Arizona’s 2020 General Election. With 300 pages of attachments based on anonymous witnesses, hearsay, and irrelevant analysis of unrelated elections, the suit has not a shred of legally admissible evidence. The suit violates litigation 101 by not even alleging that the named defendants did anything in violation of law. Their conclusions, all drawn from unreliable or unidentified sources, are pure fiction; for example, one anonymous witness blames Hugo Chavez, former President of Venezuela, now dead 7 years.

The judge dismissed the case on lack of standing, lack of case or controversy, the abstention doctrine, 11tth amendment immunity, laches, mootness, and failure to state a claim. In spite of that, attorney Kolodon has filed a petition with the U.S. Supreme Court to hear the case.

All twenty-one lawyers involved have violated numerous Rules of Professional Conduct. Please note that those from out of state are subject to Arizona rules when practicing in AZ. The violations include:

1. Judges, opposing counsel, and observers have repeatedly pointed out that these cases have absolutely no merit and are completely frivolous. Bringing such claims, for some of the attorneys not once or twice (Dennis Wilenchik, Lee Miller, Langhofer, Basile, Becker) or three times (Jack Wilenchik, Viskovic) but five times (Kolodon), violates ER 3.1 Meritorious Claims and Contentions.

Attorney Langhofer was chastised by the court for not divulging pertinent facts to the court including that his “expert witness” was in fact his business partner. This violates ER 3.3 Candor Toward the Tribunal. Such behavior is also in violation of ER 3.4(f) (1). In all of the cases, the offered evidence was found to be false, and there is not much doubt the attorneys knew that which is also in violation of ER 3.3. This claim is especially egregious in the case of Lee Miller, who knew full well that there was no merit to the claim as the Arizona procedure was developed under him when he worked in the Secretary of State’s office. Arizona Republican Party v. Fontes et al. CV2020-014553.

2. Those who are partners, managers, and supervisory lawyers share full responsibility for these violations. ER 5.1

3. However, those subordinate lawyers cannot lay all the blame on their supervisors be because there is no arguable question of professional duty in these cases. ER 5.2

4. Those lawyers who practiced in AZ under pro hace vice applications also must be held responsible under ER 8.5 and must be barred from ever being granted a pro hace vice application in the future.

Conclusion:

To be an attorney is a privilege, not a right. To retain the privilege, we must abide by a code of ethics. These twenty-one attorneys did not do so. We ask for a thorough and complete ethics investigation into their conduct and that appropriate action be taken based upon that investigation.

Respectfully submitted,
Dianne Post
Bob McWhirter
Roxana Bacon
Brendan Mahoney
Gail Gianasi Natale
Amelia Craig Cramer
Victor Aronow
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Mon Dec 28, 2020 12:50 am

Arizona Republican Party Chair Urges Trump Treason Via Martial Law
by Jason Easley
PoliticusUSA
DEC 20TH, 2020

NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT

YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.


Image

Arizona Republican Party Chair Kelli Ward urged Donald Trump to impose martial law and overturn the election.

Ward tweeted:

Image
Dr. Kelli Ward @Kelliwardaz
Mr. President @realDonaldTrump - we are with you in #Arizona. We are working every avenue to stop this coup & to stop our Republic from crumbing. Patriots are united. Those who are against us are exposing themselves. #Liberty & #freedom are on the line. #CrossTheRubicon @GenFlynn


When Trump supporters suggest that he cross the rubicon, they are urging him to violate the constitution and commit at minimum sedition, which could be viewed as treason by overturning the election.

The fact that there are so many Americans who are willing to end our democracy to keep one man in power shows that the threat to democracy will not end with Trump.

The odds of the Republican Party going back to normal with non-Trump candidates running for president in 2024 are getting close to zero with each passing day. The bar for future Republican candidates is being set by Trump at destroying democracy.

Donald Trump was the symptom and not the disease. Removing Trump isn’t going to fix the Republican Party.

The GOP is walking down a path that will make it a domestic threat to America’s system of governance. Trump has opened the door to authoritarianism, and millions of his supporters are willing to walk through and end democracy in the United States.

Jason Easley
Mr. Easley is the founder/managing editor, who is White House Press Pool, and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.



******************************

Arizona GOP Chair Calls for Trump to 'Cross the Rubicon' in Tweet Shared by Michael Flynn
by Jason Lemon
Newsweek
12/20/20 AT 2:07 PM EST

Kelli Ward, the chair of Arizona's Republican Party, urged President Donald Trump to "cross the Rubicon" in a Saturday tweet, referencing the historical act by Julius Caesar which led to the Roman civil war and Caesar becoming a dictator. Retired General Michael Flynn, who was recently pardoned by Trump, shared Ward's tweet Sunday.

Trump and his supporters have baselessly claimed that President-elect Joe Biden won the 2020 election due to widespread voter fraud. There is no evidence to support these allegations, and state and federal judges have consistently dismissed or rejected dozens of lawsuits filed by the president and his supporters. Even judges appointed by Trump have pointed out that his attorneys have not provided evidence to back their claims. But many Republicans are still hoping the president will successfully overturn the election results.

"Mr. President @realDonaldTrump - we are with you in #Arizona. We are working every avenue to stop this coup & to stop our Republic from crumbing. Patriots are united. Those who are against us are exposing themselves. #Liberty & #freedom are on the line. #CrossTheRubicon @GenFlynn," Ward tweeted.

Flynn later retweeted Ward, writing: ".@kelliwardaz has a great feel for the people of Arizona and America. She continues to #FightForTrump With courage and conviction."

Trump pardoned Flynn, who briefly served as his national security adviser at the outset of 2017, in late November. The retired general had twice pleaded guilty to charges that he had lied to the FBI regarding conversations he'd had with a top Russian diplomat. But in January, Flynn moved to withdraw his guilty plea, and the Justice Department announced in May that it would drop all the charges against Flynn. This decision led to significant criticism, as many saw the move as resulting from presidential pressure. Trump then pardoned Flynn on November 26.

******************************

The Arizona GOP should fight ... to get rid of Chairwoman Kelli Ward
Opinion: The Arizona GOP has gone too far in suggesting a bloody overturn of the presidential election. Republicans must send leader Kelli Ward packing.
by Elvia Díaz
Arizona Republic
Dec. 8, 2020

Image
Kelli Ward, Arizona Republican Party Chair, speaks during a Keep America Great Rally at Arizona Veterans Memorial Coliseum in Phoenix, Ariz. on Feb. 19, 2020 Cheryl Evans/The Republic

Just when you think the Arizona Republican Party can’t get any crazier comes a call to arms to defend its election fraud conspiracy fantasies.

No joke, folks.

The GOP, which boasts 1.3 million Arizona registered members, just went full blown fanatic, asking people whether they’re willing to die to overturn the presidential election results and keep Donald Trump at the White House.

In other words, Arizona’s GOP is willing and ready for civil war. Are you?
That’s what they’re asking, and it can’t be dismissed as just heated rhetoric from a fringe segment of the population.

These people are the faces and voices of mainstream politics in mainstream America. Their call to arms came late Monday from the official Twitter account of the state Republican Party, where it shared a post from Ali Alexander, an activist with an organization called “Stop the Steal.”

"I am willing to give my life for this fight," wrote Alexander about election protests that have gone nowhere in the legal system.

The GOP shared it with a question. "He is. Are you?”


Image
Arizona Republican Party
@AZGOP
He is. Are you?
Ali #StopTheSteal @ali
I am willing to give my life for this fight.
10:52 PM Dec 7, 2020


Yes, Republicans should get ready to fight — but not to overturn a legitimate election. They should immediately get to work to get rid of state GOP chairwoman Kelli Ward.

This has gone way too far.


C'mon, Republicans. You're better than this. For the love of America, send Ward packing along with Trump.

Elvia Díaz is an editorial columnist for The Republic and azcentral. Reach her at 602-444-8606 or elvia.diaz@arizonarepublic.com. Follow her on Twitter, @elviadiaz1.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Wed Dec 30, 2020 1:05 am

Fact Check: Certification Of Pennsylvania Presidential Vote Is NOT In Error -- Analysis That 202,377 More Ballots Were Counted Than Voters Who Voted Uses Partial Numbers
by Dana Ford
leadstories.com
Dec 29, 2020

Image
Partial Data

Is the certification of the Pennsylvania presidential vote premature and in error, based on an analysis that claims 202,377 more ballots were counted than there were voters who voted? No, that's not true: The analysis, released by a handful of state Republican lawmakers, was based on partial data, according to the Pennsylvania Department of State (DOS). The number of voters used by the lawmakers did not include completed totals from several major counties. The agency defended its certification, stating: "State and federal judges have sifted through hundreds of pages of unsubstantiated and false allegations and found no evidence of fraud or illegal voting."

The claim appeared in a Twitter post (archived here) published by State Rep. Russ Diamond on December 28, 2020. The post included two screenshots -- one of a chart that showed a purported "voter deficit" in Pennsylvania and one of a statement released by Republican lawmakers, alleging "troubling discrepancies" in the 2020 election. Diamond's post read:

Pa Lawmakers: Numbers Don't Add Up, Certification Of Presidential Results Premature and In Error


This is what the post looked like on Twitter at the time of writing:

Image
(Source: Twitter screenshot taken on Tue Dec 29 17:27:29 2020 UTC)
Russ Diamond
@russdiamond
Pa Lawmakers: Numbers Don't Add up,
Certification Of Presidential Results Premature and In Error
PENNSYLVANIA VOTER DEFICIT - 2020 GENERAL ELECTION
Total Ballots Cast (County Data) / Total Votes Counted in Presidential Race (County Data) / SURE System Total Voters Who Voted 11/3/2020 (SURE Data)
County Data: 6,962,607 / County Data: 6,931,060 / 6,760,230
SURE Data: -6,760,230 / SURE Data: -6,760,230
202,377 more ballots cast than voters who voted / 170,830 more ballots cast than voters who voted
Note: Three small rural counties have not fully posted results online and their results were included as reported
10:18 AM - Dec 28, 2020


The full text of the lawmakers' statement can be found on Diamond's website.

PA Lawmakers: Numbers Don’t Add Up, Certification of Presidential Results Premature and In Error
DEC. 28, 2020

HARRISBURG – A group of state lawmakers performing extensive analysis of election data today revealed troubling discrepancies between the numbers of total votes counted and total number of voters who voted in the 2020 General Election, and as a result are questioning how the results of the presidential election could possibly have been certified by Secretary of the Commonwealth Kathy Boockvar and Governor Tom Wolf. These findings are in addition to prior concerns regarding actions by the Supreme Court of Pennsylvania, the Secretary, and others impacting the conduct of the election.

A comparison of official county election results to the total number of voters who voted on November 3, 2020 as recorded by the Department of State shows that 6,962,607 total ballots were reported as being cast, while DoS/SURE system records indicate that only 6,760,230 total voters actually voted. Among the 6,962,607 total ballots cast, 6,931,060 total votes were counted in the presidential race, including all three candidates on the ballot and write-in candidates.

The difference of 202,377 more votes cast than voters voting, together with the 31,547 over- and under-votes in the presidential race, adds up to an alarming discrepancy of 170,830 votes, which is more than twice the reported statewide difference between the two major candidates for President of the United States. On November 24, 2020, Boockvar certified election results, and Wolf issued a certificate of ascertainment of presidential electors, stating that Vice President Joe Biden received 80,555 more votes than President Donald Trump.

The lawmakers issued the following statement in response to their findings:

“We were already concerned with the actions of the Supreme Court of Pennsylvania, the Executive branch, and election officials in certain counties contravening and undermining the Pennsylvania Election Code by eliminating signature verification, postmarks, and due dates while allowing the proliferation of drop boxes with questionable security measures and the unauthorized curing of ballots, as well as the questionable treatment of poll watchers, all of which created wholesale opportunities for irregularities in the 2020 presidential election.”

“However, we are now seeing discrepancies on the retail level which raise even more troubling questions regarding irregularities in the election returns. These findings call into question the accuracy of the SURE system, consistency in the application of the Pennsylvania Election Code from county to county, and the competency of those charged with oversight of elections in our Commonwealth.

“These numbers just don’t add up, and the alleged certification of Pennsylvania’s presidential election results was absolutely premature, unconfirmed, and in error.”

State Rep. Frank Ryan (R-Lebanon) indicated that state legislators sponsoring and participating in this analysis were himself and Reps. Russ Diamond (R-Lebanon), Dave Zimmerman (R-Lancaster), Barb Gleim (R-Cumberland), Stephanie Borowicz (R-Centre/Clinton), Dan Moul (R-Adams), Paul Schemel (R-Franklin), Dawn Keefer (R-York/Cumberland), Eric Nelson (R-Westmoreland), Mike Jones (R-York), Rob Kauffman (R-Franklin), David Maloney (R-Berks), David Rowe (R-Snyder/Union), Kathy Rapp (R-Warren/Crawford/Forest), Daryl Metcalfe (R-Butler), Jim Cox (R-Berks/Lancaster) and Brett Miller (R-Lancaster).

Rep. Frank Ryan
101st Legislative District
Pennsylvania House of Representatives


It was supported by State Rep. Frank Ryan and by a dozen or so other Republican lawmakers in Pennsylvania. Collectively, they alleged "troubling discrepancies between the numbers of total votes counted and total number of voters who voted." The lawmakers' analysis reportedly relied on data from the SURE system, which is the statewide database used by county officials to maintain data related to elections and voters. Their statement read:

A comparison of official county election results to the total number of voters who voted on November 3, 2020 as recorded by the Department of State shows that 6,962,607 total ballots were reported as being cast, while DoS/SURE system records indicate that only 6,760,230 total voters actually voted. Among the 6,962,607 total ballots cast, 6,931,060 total votes were counted in the presidential race, including all three candidates on the ballot and write-in candidates.

The difference of 202,377 more votes cast than voters voting, together with the 31,547 over- and under-votes in the presidential race, adds up to an alarming discrepancy of 170,830 votes, which is more than twice the reported statewide difference between the two major candidates for President of the United States.


Joe Biden defeated Donald Trump in Pennsylvania by more than 80,000 votes, according to official state data.

Lead Stories reached out to the Pennsylvania DOS to comment on the lawmakers' claims. The agency responded with a lengthy statement that rejected their analysis, saying it displayed a lack of election-related knowledge and was based on incomplete information. The statement opened:

In [Monday's] release, Rep. Ryan and others rehash, with the same lack of evidence and the same absence of supporting documentation, repeatedly debunked conspiracy theories regarding the November 3 election. State and federal judges have sifted through hundreds of pages of unsubstantiated and false allegations and found no evidence of fraud or illegal voting.

Now, the legislators have given us another perfect example of the dangers of uninformed, lay analysis combined with a basic lack of election administration knowledge.


It continued:

We are unclear as to what data the legislators used for this most recent 'analysis.' But the only way to determine the number of voters who voted in November from the SURE system is through the vote histories. At this time, there are still a few counties that have not completed uploading their vote histories to the SURE system. These counties, which include Philadelphia, Allegheny, Butler and Cambria, would account for a significant number of voters. The numbers certified by the counties, not the uploading of voter histories into the SURE system, determines the ultimate certification of an election by the secretary.


Image
Philadelphia County Population (2019): 1.584 million

Image
Allegheny County Population (2019): 1.216 million

Image
Butler County Population (2019): 187,853

Image
Cambria County Population (2019): 130,192

TOTAL: 3.1 MILLION


The statement concluded:

To put it simply, this so-called analysis was based on incomplete data.


Pennsylvania Lieutenant Governor John Fetterman, a Democrat, similarly dismissed the lawmakers' claims, describing the group as a "fringe minority" and their analysis as a "truly bizarre, hot mess." He wrote on Twitter:

Image
John Fetterman
@JohnFetterman
Let's be absolutely clear: This is 100% false. This is a fringe minority of PAGOP (15% of REPUBLICAN representatives) pitching a truly bizarre, hot mess.
Their own caucus rejects it, as of this writing not one single PA senator subscribes to this hot mess.

thank u next
Donald J. Trump @realD...
"A group of Republican lawmakers in Pennsylvania say 200,000 more votes were counted in the 2020 Election than voters (100% went to Biden). State Representative Frank Ryan said they found troubling discrepancies after an analysis of Election Day data."

@FoxNews This is far ...
!This claim about election fraud is disputed

7:45 AM - Dec 29, 2020 from Braddock PA


Lead Stories reached out to the offices of Reps. Ryan and Diamond to comment on what the Pennsylvania DOS said. We will update this story, as needed, if we receive a response.

The Pennsylvania DOS certified the presidential election results on November 24, 2020.

Dana Ford is an Atlanta-based reporter and editor. She previously worked as a senior editor at Atlanta Magazine Custom Media and as a writer/ editor for CNN Digital. Ford has more than a decade of news experience, including several years spent working in Latin America.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Jan 01, 2021 12:26 am

Don Lemon rolls the tape on Trump's 2020 'insane reality show'
by Don Lemon
Dec 31, 2020

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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Sun Jan 03, 2021 1:59 am

The Post says: Give it up, Mr. President — for your sake and the nation’s
by Post Editorial Board
December 27, 2020 9:02pm

NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT

YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.


Image

Mr. President, it’s time to end this dark charade.

We’re one week away from an enormously important moment for the next four years of our country.

On Jan. 5, two runoff races in Georgia will determine which party will control the Senate — whether Joe Biden will have a rubber stamp or a much-needed check on his agenda.

Unfortunately, you’re obsessed with the next day, Jan. 6, when Congress will, in a pro forma action, certify the Electoral College vote. You have tweeted that, as long as Republicans have “courage,” they can overturn the results and give you four more years in office.

In other words, you’re cheering for an undemocratic coup.


You had every right to investigate the election. But let’s be clear: Those efforts have found nothing. To take just two examples: Your campaign paid $3 million for a recount in two Wisconsin counties, and you lost by 87 more votes. Georgia did two recounts of the state, each time affirming Biden’s win. These ballots were counted by hand, which alone debunks the claims of a Venezuelan vote-manipulating Kraken conspiracy.

Sidney Powell is a crazy person. Michael Flynn suggesting martial law is tantamount to treason. It is shameful.

We understand, Mr. President, that you’re angry that you lost. But to continue down this road is ruinous. We offer this as a newspaper that endorsed you, that supported you:
If you want to cement your influence, even set the stage for a future return, you must channel your fury into something more productive.

Stop thinking about Jan. 6. Start thinking about Jan. 5.

If Republicans David Perdue and Kelly Loeffler win, they will prevent Biden from rolling back what you have accomplished. A Republican Senate can pressure Biden against returning to the old, failed Iran deal, can stop him from throwing open our southern border, will prevent him from packing the Supreme Court.

Now imagine a government controlled by your nemeses — Nancy Pelosi in the House, Chuck Schumer in the Senate, Biden in the White House. How high will taxes go? How many of your initiatives will be strangled? And, on a personal note, do you think they won’t spend the next four years torturing you with baseless hearings and investigations?

Consider this. You came out of nowhere to win the presidency. Not an elected official, not a lawyer, not beholden to any particular faction of the swamp. You took on the elites and the media who had long lost touch with average working people. You changed politics, which is something few in American history can say.

If Georgia falls, all that is threatened. You will leave your party out of power, less likely to listen to what you have to say or to capitalize on your successes, such as expanding the Hispanic voting bloc for the GOP.

Democrats will try to write you off as a one-term aberration and, frankly, you’re helping them do it. The King Lear of Mar-a-Lago, ranting about the corruption of the world.

Securing the Senate means securing your legacy. You should use your considerable charm and influence to support the Georgia candidates, mobilizing your voters for them. Focus on their success, not your own grievances, as we head into the final week.

If you insist on spending your final days in office threatening to burn it all down, that will be how you are remembered. Not as a revolutionary, but as the anarchist holding the match.
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Sun Jan 03, 2021 5:48 am

Sportswriter: Trump cheats like a mafia accountant at golf
by John Berman
CNN
Apr 2, 2019



In an interview with CNN’s John Berman, longtime sportswriter and author of "Commander in Cheat" Rick Reilly details how President Donald Trump allegedly cheats his opponents at golf. #CNN #News



Cheat
by The Clash

I get violent when I'm fucked up
I get silent when I'm drugged up
Want excitement, don't get none, I go wild
I don't know what can be done about it
If you play the game you get nothing out of it
Find out for yourself try bein' a goody-goody
You better cheat-cheat
No reason to play fair
Cheat-cheat or don't get anywhere
Cheat-cheat if you can't win
Nobody knows what they are doing
It's beyond your control, an' Friday night's a ruin
If you want to survive you better learn how to lie
You better cheat-cheat
No reason to play fair
Cheat-cheat or don't get anywhere
Cheat-cheat if you can't win
Don't use the rules
They're not for you, they're for the fools
And you're a fool if you don't know that
So use the rules, you stupid fool
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Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Mon Jan 04, 2021 1:29 am

‘I just want to find 11,780 votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor
by Amy Gardner
Washington Post
Jan. 3, 2021 at 4:12 p.m. PST

NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT

YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.


[x]
Audio: Trump berates Ga. secretary of state, urges him to ‘find’ votes

Trump: We have won this election in Georgia based on all of this. And there's nothing wrong with saying that, Brad. You know I mean, having the correct — the people of Georgia are angry. And these numbers are going to be repeated on Monday night. Along with others that we're going to have by that time which are much more substantial even. And the people of Georgia are angry, the people of the country are angry. And there's nothing wrong with saying, you know, um, that you've recalculated. Because the 2,236 in absentee ballots. I mean, they're all exact numbers that were done by accounting firms law firms, etc. and even if you cut 'em in half, cut 'em in half and cut 'em in half, again, it's more votes than we need.

Raffensperger: Well Mr. President, the challenge that you have is, the data you have is wrong...

Do you think it's possible that they shredded ballots in Fulton County? Because that's what the rumor is. And also that Dominion took out machines. That Dominion is really moving fast to get rid of their, uh, machinery.

Do you know anything about that? Because that's illegal, right?

Germany: This is Ryan Germany. No, Dominion has not moved any machinery out of Fulton County.

Trump: But have they moved the inner parts of the machines and replaced them with other parts?

Germany: No.

Trump: Are you sure, Ryan?

Germany: I'm sure....

you should want to have an accurate election. And you're a Republican.

Raffensperger: We believe that we do have an accurate election.

Trump: No, no you don't. No, no you don't. You don't have. Not even close. You're off by hundreds of thousands of votes....

you know what they did and you're not reporting it. That's a criminal, that's a criminal offense. And you can't let that happen. That's a big risk to you and to Ryan, your lawyer. And that's a big risk. But they are shredding ballots, in my opinion, based on what I've heard. And they are removing machinery and they're moving it as fast as they can, both of which are criminal finds. And you can't let it happen and you are letting it happen. You know, I mean, I'm notifying you that you're letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state....

So tell me, Brad, what are we going to do? We won the election and it's not fair to take it away from us like this. And it's going to be very costly in many ways. And I think you have to say that you're going to reexamine it and you can reexamine it, but reexamine it with people that want to find answers, not people that don't want to find answers. For instance, I'm hearing Ryan that he's probably, I'm sure a great lawyer and everything. But he's making statements about those ballots that he doesn't know. But he's making them with such — he did make them with surety. But now I think he's less sure because the answer is they all went to Biden and that alone wins us the election by a lot. You know, so.

Raffensperger: Mr. President, you have people that submit information and we have our people that submit information. And then it comes before the court and the court then has to make a determination. We have to stand by our numbers. We believe our numbers are right....

Well, under the law you're not allowed to give faulty election results, OK? You're not allowed to do that. And that's what you done. This is a faulty election result. And honestly, this should go very fast. You should meet tomorrow because you have a big election coming up and because of what you've done to the president — you know, the people of Georgia know that this was a scam. And because of what you've done to the president, a lot of people aren't going out to vote and a lot of Republicans are going to vote negative because they hate what you did to the president. Okay? They hate it. And they're going to vote. And you would be respected. Really respected, if this thing could be straightened out before the election. You have a big election coming up on Tuesday.


In a phone call on Saturday, President Trump insisted he won the state and threatened vague legal consequences. Here are excerpts from the call. (Obtained by The Washington Post)

President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in an extraordinary one-hour phone call Saturday that legal scholars described as a flagrant abuse of power and a potential criminal act.

The Washington Post obtained a recording of the conversation in which Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, at one point warning that Raffensperger was taking “a big risk.”

Throughout the call, Raffensperger and his office’s general counsel rejected Trump’s assertions, explaining that the president is relying on debunked conspiracy theories and that President-elect Joe Biden’s 11,779-vote victory in Georgia was fair and accurate.

Trump dismissed their arguments.

“The people of Georgia are angry, the people of the country are angry,” he said. “And there’s nothing wrong with saying, you know, that you’ve recalculated.”

Raffensperger responded: “Well, Mr. President, the challenge that you have is, the data you have is wrong.”

Read the full transcript of the Trump-Raffensperger call

At another point, Trump said: “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”

Audio: Trump’s full Jan. 2 call with Ga. secretary of state
Listen to the full Jan. 2 phone call. This audio has been edited to remove the name of an individual about whom the president makes unsubstantiated allegations. (Obtained by The Washington Post)
He later added: “So what are we going to do here folks? I only need 11,000 votes. Fellas, I need 11,000 votes. Give me a break.”

The rambling and at times incoherent conversation offered a remarkable glimpse of how consumed and desperate the president remains about his loss, unwilling or unable to let the matter go and still believing he can reverse the results in enough battleground states to remain in office.

“There’s no way I lost Georgia,” Trump said, a phrase he repeated again and again on the call. “There’s no way. We won by hundreds of thousands of votes.”

Several of his allies were on the line as he spoke, including White House Chief of Staff Mark Meadows and conservative lawyer Cleta Mitchell, a prominent GOP attorney whose involvement with Trump’s efforts had not been previously known.

In a statement, Mitchell said Raffensperger’s office “has made many statements over the past two months that are simply not correct and everyone involved with the efforts on behalf of the President’s election challenge has said the same thing: show us your records on which you rely to make these statements that our numbers are wrong.”

The White House, the Trump campaign and Meadows did not respond to a request for comment.

Raffensperger’s office declined to comment.

On Sunday, Trump tweeted that he had spoken to Raffensperger, saying the secretary of state was “unwilling, or unable, to answer questions such as the ‘ballots under table’ scam, ballot destruction, out of state ‘voters’, dead voters, and more. He has no clue!”

Raffensperger responded with his own tweet: “Respectfully, President Trump: What you’re saying is not true.”

The details of the call drew demands from congressional Democrats for criminal investigations. Biden’s top campaign lawyer, Bob Bauer, said the recording “captures the whole, disgraceful story about Donald Trump’s assault on American democracy.”

Republicans, however, were largely silent. Sen. Ted Cruz (R-Tex.), when asked about the call while campaigning in Georgia on Sunday for the two GOP senators who face a runoff Tuesday, dodged the question completely.

Trump’s pressure campaign on Raffensperger is the latest example of his attempt to subvert the outcome of the Nov. 3 election through personal outreach to state Republican officials. He previously invited Michigan Republican state leaders to the White House, pressured Georgia Gov. Brian Kemp (R) in a call to try to replace that state’s electors and asked the speaker of the Pennsylvania House of Representatives to help reverse his loss in that state.

His call to Raffensperger came as scores of Republicans have pledged to challenge the electoral college’s vote for Biden when Congress convenes for a joint session on Wednesday. Republicans do not have the votes to successfully thwart Biden’s victory, but Trump has urged supporters to travel to Washington to protest the outcome, and state and federal officials are already bracing for clashes outside the Capitol.

Growing number of Trump loyalists in the Senate vow to challenge Biden’s victory

During their conversation, Trump issued a vague threat to both Raffensperger and Ryan Germany, the secretary of state’s general counsel, suggesting that if they don’t find that thousands of ballots in Fulton County have been illegally destroyed to block investigators — an allegation for which there is no evidence — they would be subject to criminal liability.

“That’s a criminal offense,” he said. “And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer.”

Trump also told Raffensperger that failure to act by Tuesday would jeopardize the political fortunes of David Perdue and Kelly Loeffler, Georgia’s two Republican senators whose fate in that day’s runoff elections will determine control of the U.S. Senate.

Trump said he plans to talk about the alleged fraud Monday, when he is scheduled to lead an election eve rally in Dalton, Ga. — a message that could further muddle the efforts of Republicans to draw their voters out.

“You have a big election coming up and because of what you’ve done to the president — you know, the people of Georgia know that this was a scam,” Trump said. “Because of what you’ve done to the president, a lot of people aren’t going out to vote, and a lot of Republicans are going to vote negative, because they hate what you did to the president. Okay? They hate it. And they’re going to vote. And you would be respected, really respected, if this can be straightened out before the election.”

Trump’s conversation with Raffensperger put him in legally questionable territory, legal scholars said. By exhorting the secretary of state to “find” votes and to deploy investigators who “want to find answers,” the president appeared to be encouraging him to doctor the election outcome in Georgia.

Additionally, Trump’s apparent threat of criminal consequences if Raffensperger failed to act could be seen as an attempt at extortion and a suggestion that he might deploy the Justice Department to launch an investigation, they said.

“The president is either knowingly attempting to coerce state officials into corrupting the integrity of the election or is so deluded that he believes what he’s saying,” said Richard H. Pildes, a constitutional law professor at New York University, who noted that Trump’s actions may have violated several federal statutes.

But Pildes said Trump’s clearer transgression is a moral one, and he emphasized that focusing on whether he committed a crime could deflect attention from the “simple, stark, horrific fact that we have a president trying to use the powers of his office to pressure state officials into committing election fraud to keep him in office.”

Edward B. Foley, a law professor at Ohio State University, said that the legal questions are murky, and it could be difficult to prove that Trump knew he was encouraging illegal behavior. But Foley also emphasized that the call was “inappropriate and contemptible” and should prompt outrage.

“He was already tripping the emergency meter,” Foley said. “So we were at 12 on a scale of 1 to 10, and now we’re at 15.”

Throughout the call, Trump detailed an exhaustive list of disinformation and conspiracy theories to support his position. He claimed without evidence that he had won Georgia by at least a half-million votes. He floated a barrage of assertions that have been investigated and disproved: that thousands of dead people voted; that an Atlanta election worker scanned 18,000 forged ballots three times each and “100 percent” were for Biden; that thousands more voters living out of state came back to Georgia illegally just to vote in the election.

“So tell me, Brad, what are we going to do? We won the election, and it’s not fair to take it away from us like this,” Trump said. “And it’s going to be very costly in many ways. And I think you have to say that you’re going to reexamine it, and you can reexamine it, but reexamine it with people that want to find answers, not people who don’t want to find answers.”

Election results under attack: Here are the facts

Trump did most of the talking. He was angry and impatient, calling Raffensperger a “child” and said law enforcement officials were “either dishonest or incompetent” for not believing there was widespread ballot fraud in Atlanta. He twice called himself a “schmuck” for endorsing Kemp, whom Trump holds in particular contempt for not embracing his claims.

“I can’t imagine he’s ever getting elected again, I’ll tell you that much right now,” he said of the governor.

He also took aim at Kemp’s 2018 opponent, Democrat Stacey Abrams, trying to shame Raffensperger with the idea that his refusal to embrace fraud has helped her and Democrats generally. “Stacey Abrams is laughing about you,” he said. “She’s going around saying, ‘These guys are dumber than a rock.’ What she’s done to this party is unbelievable, I tell ya.”

The secretary of state repeatedly sought to correct Trump, saying at one point, “Mr. President, the problem you have with social media, they — people can say anything.”

“Oh this isn’t social media,” Trump retorted. “This is Trump media. It’s not social media. It’s really not. It’s not social media. I don’t care about social media. I couldn’t care less.”

At another point, Trump claimed that votes were scanned three times: “Brad, why did they put the votes in three times? You know, they put ’em in three times.”

Raffensperger responded: “Mr. President, they did not. We did an audit of that and we proved conclusively that they were not scanned three times.”

Trump sounded at turns confused and meandering. At one point, he referred to Kemp as “George.” He tossed out several different figures for Biden’s margin of victory in Georgia and referred to the Senate runoff, which is Tuesday, as happening “tomorrow” and “Monday.”

His desperation was perhaps most pronounced during an exchange with Germany, Raffensperger’s general counsel, in which he openly begged for validation.

Trump: “Do you think it’s possible that they shredded ballots in Fulton County? Because that’s what the rumor is. And also that Dominion took out machines. That Dominion is really moving fast to get rid of their, uh, machinery. Do you know anything about that? Because that’s illegal, right?”

Germany responded: “No, Dominion has not moved any machinery out of Fulton County.”

Trump: “But have they moved the inner parts of the machines and replaced them with other parts?”

Germany: “No.”

Trump: “Are you sure? Ryan?”

Germany: “I’m sure. I’m sure, Mr. President.”

Despite Trump’s intense hunt for voter fraud, officials in key states have so far identified just a small number of possible cases

It was clear from the call that Trump has surrounded himself with aides who have fed his false perceptions that the election was stolen. When he claimed that more than 5,000 ballots were cast in Georgia in the name of dead people, Raffensperger responded forcefully: “The actual number was two. Two. Two people that were dead that voted.”

But later, Meadows said, “I can promise you there are more than that.”

Another Trump lawyer on the call, Kurt Hilbert, accused Raffensperger’s office of refusing to turn over data to assess evidence of fraud, and also claimed awareness of at least 24,000 illegally cast ballots that would flip the result to Trump.

“It stands to reason that if the information is not forthcoming, there’s something to hide,” Hilbert said. “That’s the problem that we have.”

Reached by phone Sunday, Hilbert declined to comment.

For her part, Mitchell contradicted Trump on several occasions on the call, saying, “Well, I don’t know about that,” when the president alleged that a Fulton County election worker had triple-counted 18,000 ballots for Biden. She claimed that the extent of the fraud is unclear because Raffensperger’s office has not shared all the data Trump’s lawyers have sought.

“We never had the records that you have,” she said. Germany noted that the office is barred under law from sharing certain voter information.

In the end, Trump asked Germany to sit down with one of his attorneys to go over the allegations. Germany agreed.

Yet Trump also recognized that he was failing to persuade Raffensperger or Germany of anything, saying toward the end, “I know this phone call is going nowhere.”

“Why don’t you want to find this, Ryan?” he asked of Germany. “What’s wrong with you? I heard your lawyer is very difficult, actually, but I’m sure you’re a good lawyer. You have a nice last name.”

But he continued to make his case in repetitive fashion, until finally, after roughly an hour, Raffensperger put an end to the conversation: “Thank you, President Trump, for your time.”

Alice Crites contributed to this report.
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