Today, the Senate Homeland Security and Governmental Affairs Committee meets for a hearing on the integrity of the 2020 election.
I'll have a report for you later today. The witnesses include @C_C_Krebs and Kenneth Starr.
.@GaryPeters, after chair Ron Johnson delivered a minutes-long remark claiming fraud, without evidence, in the 2020 election (that echoed much of the same rhetoric from President Trump):
Entered into the record by Peters in this morning's hearing, was a log of the 60 failed attempts in court by Trump to overturn the 2020 election.
Chair of the committee @SenRonJohnson asked all witnesses here today to testify under oath. All agreed.
.@C_C_Krebs reminds the committee that government and industry reps from the election security community issued a joint statement saying the 2020 election was the most secure in US history on Nov. 12.
Here: cisa.gov/news/2020/11/1… @CourthouseNews
This evaluation was reached thanks to audits and healthy cross-communication with intel agencies, he adds.
@C_C_Krebs: "While elections are sometimes messy, this was a secure election, of that, I have no doubt."
Sen. Ron Johnson says he understands all that - he's seen the statement - but he is insistent that there was "fraud in this election" but he doesn't "know to what extent."
He's confused over how voting machines function at this juncture of the hearing.
Krebs is trying to explain how paper ballots work to Johson explaining, yes, some voting machines may have modems that are temporarily disabled or enabled to transmit data. That is not abnormal nor is it patently a sign of fraud.
"Technology is used to increase accuracy, but election officials are very careful that technology is not a single point of failure... There are controls before, during, and after the process," @C_C_Krebs says.
Reminder: Trump's own DOJ found there was no fraud in 2020 election. @GaryPeters notes it has been five weeks since Trump lost. He's still pushing conspiracies of "demonstrable irregularities." Asks Krebs, what is the danger to the democratic process?
@C_C_Krebs noting results of EC: "We're past the point where we need to be having conversations about the outcome of this election. Continued assaults on the outcome of this election are ultimately corrosive to the institutions that support elections." courthousenews.com/electoral-coll…
.@C_C_Krebs: "Going forward it will be that much harder. The trick about elections is: You're not so much trying to convince the winner they won, it's the loser that they've lost." @CourthouseNews
The hearing degraded quickly. Johnson accuses Peters of spreading disinformation, Peters accuses Johnson of spreading disinformation.
Conspiracy theories abound from Senator Rand Paul.
He decries the notion of every American being mailed a ballot to vote in a general election saying it would spread corruption "throughout the land"
I'll have a report on today's hearing later for @CourthouseNews.
WASHINGTON (CN) — Appearing for the first time before Congress since Trump fired him, the nation’s former cybersecurity chief told senators during a contentious hearing that claims of fraud in the 2020 election are baseless and undermine democracy. courthousenews.com/fired-cybersec…
Committee Chair Ron Johnson, a Wisconsin Republican who is set to retire next year, was adamant during Wednesday’s hearing that most Americans were not confident in the election results for a variety of factors.
He blamed this on news coverage of what he called the “Russian collusion hoax” during Trump’s presidency as well as the “ongoing suppression and censorship of conservative perspective by biased media and social media.”
A survey conducted last week by Morning Consult/Politico found disparate opinions on the election results along party lines, with about 83% of Democrats trusting the outcome compared to just 33% of Republicans.
Several other witnesses besides Krebs were invited to testify before the committee. Trump campaign attorney Jesse Binnall was given ample time to testify on flimsy legal theories that have been shot down in court...
Including Binnall's claim that a wave of irregularities in Nevada was to blame for Trump’s loss there.
The Nevada Supreme Court rejected the campaign’s challenge to the state’s results last week based on a lack of evidence. Biden won Nevada by over 33,000 votes.
Trump tweeted during the hearing that “Nevada must be flipped based on testimony!” Another tweet took aim at Krebs, claiming Krebs “was totally excoriated and proven wrong” at the hearing. Both posts were flagged by Twitter as containing disputed claims about election fraud.
Before Trump fired Krebs, the CISA director launched a “rumor control” webpage to address baseless claims about the election. He testified that claims of “malicious algorithms” that manipulated results and...
other accusations largely emanating from the president and his supporters have sown confusion about how voting machines function.
In Michigan, Krebs noted, a forensic audit was recently completed on voting machines in Antrim County by the partisan organization Allied Security Operations Group.
The group baselessly claimed Dominion Voting Systems intentionally designed its machines to create errors and its debunked report said 68% of votes cast had errors.
“Those are claims that are repeated on social media by the president. I wanted to understand so I looked at it and it was not that 68% of votes were in error. It was that the election management system logs had records of the logs themselves that had some sort of alert rate"
“That is being used to spin that the machine is not trustworthy. The report itself doesn’t actually specify any of those errors except for one," Krebs said.
One entry in the log displayed as “no permission to [0].”
That, Krebs said, is being claimed to mean that someone tried to get in the machine and manipulate the records. But when he reviewed the Antrim report more closely, he realized what had happened.
“It was a Windows-based machine and the election management system is coded with a programming language called C-Sharp,” he said.
Krebs: "The ‘no permission to [0]’ is a placeholder for a parameter. So, it may be that it’s just not good coding but it certainly doesn’t mean someone tried to zero out votes. They misinterpreted language in what they saw in their forensic audit.” @CourthouseNews
The Allied Security report was also denounced by Michigan election officials earlier this week.
At SCOTUS, oral arguments for Collins v. Mnuchin are on deck at 10AM. Justices will wade into the thicket of unitary executive theory and consider the limits of presidential (and congressional) power and more. @CourthouseNews
Today we're looking at whether existing rules for removal of the Fed. Housing Finance Agency's director is unconstitutional. Collins v. Mnuchin, brought by a group of Fannie Mae + Freddie Mac shareholders is similar to Seila Law v. Consumer Financial Protection Bureau.
There, the high court found that limitations on the executive branch's power to remove a federal official were incompatible with the Constitution.
Background: courthousenews.com/supremes-back-…
Tonight: The House, in a voice vote, passed the Open Courts Act, legislation that would make federal court records through PACER free to the general public. It goes next to the Senate. @CourthouseNews
I'll have a story on this with my colleague here in D.C. @JackRodgersCNS
If you are seeing this tweet and you like legal news and like legal reporters and you aren't following myself or Jack - get on that.
The outgoing president locks it in this morning again - saying he will veto the hugely bipartisan defense authorization bill.
Also, troupes are groups of dancers. Troops are groups of soldiers. #NDAA
Just a smattering of what is inside this bill that President Trump would veto:
Notable is funding for the Defense Health program. During a global pandemic, the president would veto funding that helps pay for military members' medical and dental.
Today: Congress votes on the defense authorization bill. Among its many provisions, when passed, it ensures that members of the US mil. receive special pay, i.e. bonuses. Pres. Trump has threatened to veto if passed prompting many lawmakers to say they'll override.
Why would he threaten to veto a bipartisan bill that has routinely passed for years? As Trump tells it: it includes a line renaming Army facilities named after Confed. ofcrs & because it *doesn't* include a repeal of a law holding tech/social media liable for whats posted online
If Trump vetoes, the wheels are put in motion for an override before Christmas. I will break down more of what is in the bill - and what isn't - later today for @CourthouseNews. Stay tuned. #NDAA#Section230
White House adviser Peter Navarro ran afoul of the Hatch Act with repeated violations this year, Office of Special Counsel finds. While Trump is unlikely to discipline, Navarro's name nonetheless remains forever tied to this presidency + these findings. courthousenews.com/report-raps-tr…
In addition to Navarro, Hatch Act offenders include former WH counselor Kellyanne Conway, Agriculture Secretary Sonny Perdue, White House deputy chief of staff Dan Scavino, former U.S. ambassador to the United Nations Nikki Haley...
First Lady Melania Trump’s former chief of staff Stephanie Grisham, former White House Deputy Press Secretary and Deputy Assistant to the President Raj Shah, former White House communications director Jessica Ditto...
New: WH advisor Peter Navarro violated the Hatch Act according to the Office of Special Counsel; his attacks on @JoeBiden are cited, including his calling the PEOTUS "Beijing Biden" ⬇️ @CourthouseNews
h/t @JackRodgersCNS who you should be following if not doing so already.
You may recall when Kellyanne Conway was found in violation of the Hatch Act last year, President Trump brushed the report aside saying it sounded like her free speech was being violated (It was not). Safe to say we can expect a redux with Navarro. courthousenews.com/approving-of-v…