Attention to the Unseen

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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CNN reports: A defamation law firm representing Dominion Voting Systems has sent letters to White House counsel Pat Cipollone and President Donald Trump’s personal attorney Rudy Giuliani instructing them to preserve all records related to the company at the center of Trump’s conspiracy theories and warning Giuliani that legal action is “imminent.” Through two well-known defamation attorneys, Dominion Voting Systems sent letters to Cipollone and Giuliani Tuesday, demanding Giuliani stop making “defamatory claims against Dominion” and ensure there is “no…

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The Washington Post reports: Outgoing Attorney General William P. Barr said Monday he saw no basis for the federal government seizing voting machines and that he did not intend to appoint a special counsel to investigate allegations of voter fraud — again breaking with President Trump as the commander in chief entertains increasingly desperate measures to overturn the election. At a news conference to announce charges in a decade old terror case, Barr — who has just two days left…

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Erica Newland writes: I was an attorney at the Justice Department when Donald Trump was elected president. I worked in the Office of Legal Counsel, which is where presidents turn for permission slips that say their executive orders and other contemplated actions are lawful. I joined the department during the Obama administration, as a career attorney whose work was supposed to be independent of politics. I never harbored delusions about a Trump presidency. Mr. Trump readily volunteered that his agenda…

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The New York Times reports: Traveling for work and far from home, Seda Basay-Yildiz received a chilling fax at her hotel: “You filthy Turkish sow,” it read. “We will slaughter your daughter.” A German defense lawyer of Turkish descent who specializes in Islamist terrorism cases, Ms. Basay-Yildiz was used to threats from the far right. But this one, which arrived late one night in August 2018, was different. Signed with the initials of a former neo-Nazi terrorist group, it contained…

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Adam Klasfeld writes: Outgoing President Donald Trump and his soon-to-be-former Vice President Mike Pence’s attempt to invalidate Wisconsin’s vote in only Milwaukee and Dane Counties appears to be racially motivated, two of the state’s Supreme Court justice remarked in a brutal Saturday hearing for the lame duck president. Trump’s attorney, James Troupis, had barely begun to address the high court when Justice Jill Karofsky noted that the attack focused on the two counties with the state’s largest number of Black…

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The Washington Post reports: They are both elected and appointed, selected by Democrats and Republicans alike. Some have served for decades — while others took the bench only months ago. One is a former high school teacher, another the first Native American woman appointed to a federal judgeship. A third worked for years for a Republican governor who has been a vocal supporter of President Trump. Since the November election, they have all ruled in court against Trump or one…

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