Attention to the Unseen

The Washington Post reports: The top federal prosecutor in Washington D.C. said Thursday that President Trump was not off limits in his investigation of the events surrounding Wednesday’s riot at the U.S. Capitol, saying “all actors” would be examined to determine if they broke the law. Asked if federal agents and prosecutors will look at the incendiary statements made by speakers at Trump’s rally shortly before a mob of his supporters breached security at the Capitol and wreaked havoc inside,…

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The Washington Post reports: When Chanelle Helm helped organize protests after the March 13 killing of Breonna Taylor, Louisville police responded with batons, stun grenades and tear gas. The 40-year-old Black Lives Matter activist still bears scars from rubber bullets fired at close range. So Helm was startled and frustrated Wednesday to see a White, pro-Trump mob storm the U.S. Capitol — breaking down barricades, smashing windows and striking police officers — without obvious consequence. “Our activists are still to…

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Edward B. Foley writes: President Trump seems to believe that Vice President Pence could overturn the election results when he presides over the congressional counting of electoral votes on Wednesday. Trump is wrong, but any attempt by Pence to intervene on behalf of himself and Trump, if it comes to that, would be a constitutional travesty. It won’t work, but it would set a dangerous precedent. “I have to tell you, I hope that our great vice president, our great…

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Richard L. Hasen writes: President Donald Trump likely broke both federal and state law in a Saturday phone call during which he encouraged Georgia Secretary of State Brad Raffensperger to “find” enough votes to overturn the state’s election results. The president certainly committed an impeachable offense that is grounds for removing him from the office he will be vacating in less than three weeks or disqualifying him from future elected office. His tumultuous term will end as it began, with…

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Politico reports: Georgia Secretary of State Brad Raffensperger said Monday that it was unlikely his office would open an investigation into his weekend phone call with President Donald Trump, but suggested a criminal probe could still be launched by an Atlanta-area district attorney. Because Trump personally spoke with Raffensperger on Saturday and recently had a conversation with the chief investigator in the secretary of state’s office, Raffensperger told ABC’s “Good Morning America” in an interview Monday morning that “there may…

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Alan Charles Raul and Richard Bernstein write: Texas Rep. Louie Gohmert has argued that the Electoral Count Act of 1887 is unconstitutional. Therefore, he claims, Vice President Mike Pence is empowered by the 12th Amendment to reject 73 Biden-Harris electoral votes from five states when Congress meets to certify the 2020 election results on Jan. 6. A dozen Republican senators and many more House members also argue that Congress has this power. They are all wrong. Neither the vice president…

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The Washington Post reports: 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 election experts said raised legal questions. 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…

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Chris Truax writes: If members of Congress vote to reject valid presidential electors for invalid reasons, there’s nothing anyone can do about it. While we’ve never fully appreciated it until now, the ugly truth is that, despite a nationwide vote fenced with elaborate legal and technical safeguards, the president of the United States is actually elected on the honor system by 535 members of Congress. Despite the unprecedented number of Republicans willing to uphold a challenge, the House is controlled…

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Politico reports: Vice President Mike Pence has asked a federal judge to throw out a lawsuit brought against him by Republicans seeking to empower him to overturn the results of the 2020 presidential election. The suit, brought by Rep. Louie Gohmert (R-Texas) and 11 Arizonans who would have been electors for President Donald Trump, was aimed at throwing out the rules of a Jan. 6 session of Congress — with Pence presiding — intended to certify President-elect Joe Biden’s victory….

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Politico reports: President Donald Trump’s last-gasp bid to overturn his 2020 election defeat appears doomed on Jan. 6, when Congress is set to certify President-elect Joe Biden’s victory. But the byzantine process by which Congress counts and validates the Electoral College results has left gnawing uncertainty about precisely how the final act in Trump’s undemocratic drama will play out. The law that guides the proceedings, the Electoral Count Act — passed in 1887 to address the disastrous election of 1876…

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The Washington Post reports: The Manhattan District Attorney’s Office has retained forensic accounting specialists to aid its criminal investigation of President Trump and his business operations, as prosecutors ramp up their scrutiny of his company’s real estate transactions, according to people familiar with the matter. District Attorney Cyrus R. Vance Jr. opened the investigation in 2018 to examine alleged hush-money payments made to two women who, during Trump’s first presidential campaign, claimed to have had affairs with him years earlier….

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The Associated Press reports: A federal judge in Iowa who has warned against political corruption is ridiculing President Donald Trump’s pardons, including those issued to convicted Republican campaign operatives and former members of Congress. “It’s not surprising that a criminal like Trump pardons other criminals,” senior U.S. District Judge Robert Pratt of the Southern District of Iowa told The Associated Press in a brief phone interview Monday. In a bit of humor, he said: “But apparently to get a pardon,…

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Franklin Foer writes: Paul Manafort came of age in New Britain, Connecticut. His father, the garrulous mayor of that decaying factory town, taught him how to cobble together an electoral coalition, passing down the tricks of the trade that became the basis for the son’s lucrative career as a political consultant. But as the local hardware manufacturers fled to foreign shores, the Mafia moved into town. To hear the local papers tell the story—or to read the counts alleged in…

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The Washington Post reports: As Donald Trump campaigned for the presidency in 2016, his vow to “drain the swamp” included outrage at past use of presidential pardons. Citing the way President Bill Clinton had pardoned a fugitive financier during his last week in office, Trump fumed, “People couldn’t believe it.” Yet now, in the closing days of his term, Trump has added to his portfolio of pardons and commutations several people who seemed to exemplify the very swamp that Trump…

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ProPublica reports: In its hurry to use its final days in power to execute federal prisoners, the administration of President Donald Trump has trampled over an array of barriers, both legal and practical, according to court records that have not been previously reported. Officials gave public explanations for their choice of which prisoners should die that misstated key facts from the cases. They moved ahead with executions in the middle of the night. They left one prisoner strapped to the…

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