77 Days: Trump's Campaign to Subvert the Election - The New York Times - 0 views
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Thursday the 12th was the day Mr. Trump’s flimsy, long-shot legal effort to reverse his loss turned into something else entirely — an extralegal campaign to subvert the election, rooted in a lie so convincing to some of his most devoted followers that it made the deadly Jan. 6 assault on the Capitol almost inevitable.
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with conspiratorial belief rife in a country ravaged by pandemic, a lie that Mr. Trump had been grooming for years finally overwhelmed the Republican Party and, as brake after brake fell away, was propelled forward by new and more radical lawyers, political organizers, financiers and the surround-sound right-wing media.
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Across those 77 days, the forces of disorder were summoned and directed by the departing president, who wielded the power derived from his near-infallible status among the party faithful in one final norm-defying act of a reality-denying presidency.
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Throughout, he was enabled by influential Republicans motivated by ambition, fear or a misplaced belief that he would not go too far.
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For every lawyer on Mr. Trump’s team who quietly pulled back, there was one ready to push forward with propagandistic suits that skated the lines of legal ethics and reason
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That included not only Mr. Giuliani and lawyers like Sidney Powell and Lin Wood, but also the vast majority of Republican attorneys general, whose dead-on-arrival Supreme Court lawsuit seeking to discount 20 million votes was secretly drafted by lawyers close to the White House, The Times found.
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With each passing day the lie grew, finally managing to do what the political process and the courts would not: upend the peaceful transfer of power that for 224 years had been the bedrock of American democracy.
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The vote-stealing theory got its first exposure beyond the web the day before the election on Mr. Bannon’s show. Because of the Hammer, Mr. McInerney said, “it’s going to look good for President Trump, but they’re going to change it.” The Democrats, he alleged, were seeking to use the system to install Mr. Biden and bring the country to “a totalitarian state.”
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with the White House counsel, Pat A. Cipollone, backing him, Mr. Barr told the president that he could not manufacture evidence and that his department would have no role in challenging states’ results, said a former senior official with knowledge about the meeting, a version of which was first reported by Axios. The allegations about manipulated voting machines were ridiculously false, he added; the lawyers propagating them, led by Mr. Giuliani, were “clowns.”
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Yet as the suits failed in court after court across the country, leaving Mr. Trump without credible options to reverse his loss before the Electoral College vote on Dec. 14, Mr. Giuliani and his allies were developing a new legal theory — that in crucial swing states, there was enough fraud, and there were enough inappropriate election-rule changes, to render their entire popular votes invalid.
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As a result, the theory went, those states’ Republican-controlled legislatures would be within their constitutional rights to send slates of their choosing to the Electoral College.
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Yet as the draft circulated among Republican attorneys general, several of their senior staff lawyers raised red flags. How could one state ask the Supreme Court to nullify another’s election results? Didn’t the Republican attorneys general consider themselves devoted federalists, champions of the way the Constitution delegates many powers — including crafting election laws — to each state, not the federal government?
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In an interview, Mr. Kobach explained his group’s reasoning: The states that held illegitimate elections (which happened to be won by Mr. Biden) were violating the rights of voters in states that didn’t (which happened to be won by Mr. Trump).
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The lawsuit was audacious in its scope. It claimed that, without their legislatures’ approval, Georgia, Michigan, Pennsylvania and Wisconsin had made unconstitutional last-minute election-law changes, helping create the conditions for widespread fraud. Citing a litany of convoluted and speculative allegations — including one involving Dominion voting machines — it asked the court to shift the selection of their Electoral College delegates to their legislatures, effectively nullifying 20 million votes.
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One lawyer knowledgeable about the planning, speaking on the condition of anonymity, said: “There was no plausible chance the court will take this up. It was really disgraceful to put this in front of justices of the Supreme Court.”
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The next day, Dec. 9, Representative Mike Johnson of Louisiana sent an email to his colleagues with the subject line, “Time-sensitive request from President Trump.” The congressman was putting together an amicus brief in support of the Texas suit; Mr. Trump, he wrote, “specifically asked me to contact all Republican Members of the House and Senate today and request that all join.” The president, he noted, was keeping score: “He said he will be anxiously awaiting the final list to review.”
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Some 126 Republican House members, including the caucus leader, Mr. McCarthy, signed on to the brief, which was followed by a separate brief from the president himself. “This is the big one. Our Country needs a victory!” Mr. Trump tweeted. Privately, he asked Senator Ted Cruz of Texas to argue the case.
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By the time the bus pulled into West Monroe, La., for a New Year’s Day stop to urge Senator John Kennedy to object to certification, Mr. Trump was making it clear to his followers that a rally at the Ellipse in Washington on Jan. 6 was part of his plan. On Twitter, he promoted the event five times that day alone.
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But talk at the rally was tilting toward what to do if they didn’t.“We need our president to be confirmed through the states on the 6th,” said Couy Griffin, the founder of Cowboys for Trump. “And right after that, we’re going to have to declare martial law.”
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Though Ms. Kremer held the permit, the rally would now effectively become a White House production. After 12,000 miles of drumbeating through 44 stops in more than 20 states, they would be handing over their movement to the man whose grip on power it had been devised to maintain.
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Mr. Barr had resigned in December. But behind the back of the acting attorney general, Jeffrey A. Rosen, the president was plotting with the Justice Department’s acting civil division chief, Jeffrey Clark, and a Pennsylvania congressman named Scott Perry to pressure Georgia to invalidate its results, investigate Dominion and bring a new Supreme Court case challenging the entire election. The scheming came to an abrupt halt when Mr. Rosen, who would have been fired under the plan, assured the president that top department officials would resign en masse.
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But Mr. Cruz was working at cross-purposes, trying to conscript others to sign a letter laying out his circular logic: Because polling showed that Republicans’ “unprecedented allegations” of fraud had convinced two-thirds of their party that Mr. Biden had stolen the election, it was incumbent on Congress to at least delay certification and order a 10-day audit in the “disputed states.” Mr. Cruz, joined by 10 other objectors, released the letter on the Saturday after New Year’s.
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The rally had taken on new branding, the March to Save America, and other groups were joining in, among them the Republican Attorneys General Association. Its policy wing, the Rule of Law Defense Fund, promoted the event in a robocall that said, “We will march to the Capitol building and call on Congress to stop the steal,” according to a recording obtained by the progressive investigative group Documented.
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Mr. Stockton said he was surprised to learn on the day of the rally that it would now include a march from the Ellipse to the Capitol. Before the White House became involved, he said, the plan had been to stay at the Ellipse until the counting of state electoral slates was completed.
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Defiantly, to a great roar from the plaza, Ms. Chafian cried, “I stand with the Proud Boys, because I’m tired of the lies,” and she praised other militant nationalist groups in the crowd, including the Oath Keepers and the Three Percenters.
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Speakers including Mr. Byrne, Mr. Flynn, Mr. Jones, Mr. Stone and the Tennessee pastor Mr. Locke spoke of Dominion machines switching votes and Biden ballots “falling from the sky,” of “enemies at the gate” and Washington’s troops on the Delaware in 1776, of a fight between “good and evil.”“Take it back,” the crowd chanted. “Stop the steal.”
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“What we do now is we take note of the people who betrayed President Trump in Congress and we get them out of Congress,” he said. “We’re going to make the Tea Party look tiny in comparison.”