The Georgia Election Board convened this morning at 9 am to consider several proposed rule changes, including one that would require hand counting of GA ballots. 1/
Another proposed rule they are weighing this morning would allow any individual county election board member to request any and all election-related documentation before certifying county-level results. 2/
Currently, we're hearing public comments from those who oppose these proposed rules. Wanda Mosely of Black Voters Matter just powerfully told the board, "With democracy on the ballot, you would think this body would be concerned . . . but instead, your actions suggest otherwise." 3/
A Forsyth County elections administrator is now telling the board that their proposed rule to require hand count of paper ballots by precinct is needless "busy work." 4/
And we're now hearing from Lynne Durham, a Gwinnett County resident who says she's in the political middle, but objects to the board's refusal to define the term "reasonable," which she says will result in "chaos" come November. "History has its eyes on you," she ends. 5/
What's notable about today's meeting is that many of the commenters are veteran election administrators, whose concerns are practical, not partisan. One just objected, for example, that the "chain of custody could be compromised" by requiring that so many hands touch the ballots.
Another county election administrator said one of the rules under consideration would set "159 counties up for failure" as well as additional costs that some counties cannot afford.
We've moved on to public comments on a rule proposed by Fulton County Commissioner Bridget Thorne that would "reconcile" the number of votes and the number of voters. She has brought with her three lawyers, including Ken Cuccinelli, who has not yet spoken.
Cuccinelli told the board he didn't "want to dwell on 2020 at all, because the other side was complaining in 2016, and . . . it's whoever loses complains," suggesting the 2020 election denialism was equivalent to concerns raised in 2016.
He continued, "I will tell you from my old prosecutor days, the best way to avoid problems is to make it clear to folks that you will catch the problems and fix them . . . [and] you'll hold people accountable."
We're now hearing from Salleigh Grubbs, the chair of Cobb County's GOP, who insists that the proposed reconciliation rule would do nothing more than GA law requires before complaining about the other side's "talking points" filtering down to county election officials.
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NEW(ish): Manhattan DA Alvin Bragg has not insisted on proceeding with Trump's Sept. 18 sentencing, as many had expected, but tells Judge Merchan he will defer to the judge's determination of when sentencing should happen. 1/
His letter to the court -- while neutral as to the result -- flags issues raised by Trump's request to postpone the sentencing, both good and bad. 2/
On one hand, Bragg's team tells Merchan that the admission of any evidence that could constitute "official acts" evidence would not have changed the jury's minds; on the contrary, they reiterate the jury had plenty to snack on to reach their 34-count guilty verdict. 3/
NEW: The letter Trump's lawyers just sent to Judge Merchan asking him to postpone sentencing until after the election contains multiple flaws. But it also highlights how ill equipped the Supreme Court's immunity decision is to resolve key procedural questions in the NY case. 1/
Let's start with what's problematic. Yes, the founder of the political consulting firm in which Judge Merchan's daughter is a minority partner (and does not currently service political clients) is personally involved in the Harris-Walz campaign. 2/
But that does not constitute a conflict warranting recusal under New York law any more than any of the other attenuated and/or long-ago information Trump's team has already used as the bases for not one or two, but three recusal motions, all of which have been denied. 3/
NEW: In a letter responding to Jim Jordan's request for documents and information, the political consulting firm in which Judge Merchan's daughter is a minority partner reveals that she and the firm's co-founder have received death threats--and that other firm employees have been threatened as well. 1/
Authentic Campaign's co-founder Mike Nellis writes, "Since these unfounded allegations surfaced, Loren Merchan and I have faced death threats and harassment, and suffered reputational damage. 2/
He continues: "Members of our families have been harassed and received threats as well. In some cases, threats were discovered by or deemed credible by law enforcement, requiring intervention. 3/
NEW: Judge Juan Merchan has now denied Trump’s third motion for Merchan’s recusal, which argued that Kamala Harris becoming the presumptive Democratic nominee — and Merchan’s daughter’s prior work on her behalf — changed the calculus. Merchan disagreed. 1/
Not only was he given the OK over a year ago by an advisory panel on judicial ethics, he notes, but the motion was made 48 days after the deadline for post-trial motions. But the real nail in the coffin as far as Merchan was concerned? Trump offered nothing new. 2/
Instead, he “reiterates for the third time, that which should already be clear — innuendo and mischaracterizations do not a conflict create.” 3/
As @JoyceWhiteVance notes, a civil suit like this would allow discovery on both sides. And one thing DOJ would get to find out is whether Trump himself (or any business he owns) paid his alleged $15 million in legal fees incurred in defending against the Mar-a-Lago case, or whether, for example, his leadership PAC, Save America, actually assumed those costs for him through the generosity of his donors.
But the actual filing of any lawsuit likely is a long way off. In order to sue the federal government for civil damages, claimants must use the procedures laid out in the Federal Tort Claims Act--and by sending DOJ a notice of claim, that's what Trump is doing here. 2/
That statute expressly provides that a claimant must first present the affected federal agency with notice of his claims (as Trump has now done) and await final resolution before proceeding to court. 3/
NEW: Tanya Chutkan has accepted Jack Smith’s request for 3 more weeks to develop a proposed game plan—and that means the master schedule for Trump’s legal world has shifted again. If you are keeping track at home, here’s the newest iteration: 1/
• Week of 8/11: Judge Merchan to rule on Trump’s third motion to recuse Merchan;
• 8/21: NYAG’s brief due in Trump’s appeal of the civil fraud verdict;
• 8/27: Special Counsel’s brief due in its appeal of Judge Cannon’s dismissal of the Mar-a-Lago docs case; 2/
• 8/30: New deadline for joint status report to Chutkan in federal election interference case; Trump’s reply brief due in civil fraud appeal.
• 9/5: New date for Chutkan status conference;
• 9/6: Oral argument on Trump’s appeal of first E. Jean Carroll verdict; 3/