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Politics : A Hard Look At Donald Trump -- Ignore unavailable to you. Want to Upgrade?


To: Brumar89 who wrote (26362)7/12/2021 5:19:39 PM
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‘Kraken’ lawyer weeps in court hearing as she faces sanctions over backing Trump’s ‘Big Lie’ on election fraud

Andrew Feinberg
Mon, July 12, 2021, 12:28 PM·3 min read



Election challengers yell as they look through the windows of the central counting board as police were helping to keep additional challengers from entering due to overcrowding, in Detroit, on November 4, 2020 (AP)
One of the lawyers who sued to throw out Michigan's electoral votes for President Joe Biden was reduced to tears during a hearing on whether she and her colleagues should face professional sanctions for filing affidavits filled with shoddy claims during post-election litigation.

The so-called "Kraken" lawsuit was filed last year by a group of pro-Trump attorneys, including Sidney Powell, Lin Wood, and former Department of Housing and Urban Development adviser Julia Haller. It asked a federal district court to decertify Michigan's presidential electors based on a number of since-discredited theories of alleged election fraud in Detroit's central counting centre. It cited affidavits from poll workers and challengers who made allegations that ballots for Mr Biden were counted multiple times, extra Biden ballots were brought in late at night from vans with out-of-state plates, and repeated numerous baseless claims that voting machines made by Dominion Voting Systems somehow switched votes from former President Donald Trump to Mr Biden.

After Judge Linda Parker rejected the pro-Trump attorneys' claims in December, lawyers representing the City of Detroit, the State of Michigan, and the Democratic National Committee asked her to apply financial sanctions against the GOP attorneys, who she ordered to appear in her virtual Zoom courtroom for a hearing on Monday.

Throughout the hearing's first two and a half hours, the veteran jurist – appointed to the bench by President Barack Obama in 2014 – grilled the lawyers on whether they'd taken any time to investigate claims made in sworn affidavits that they'd submitted along with their complaint.

Many of the affidavits in question had already appeared in a state court lawsuit that sought to halt certification of the election based on the same claims. In a ruling denying a motion to enjoin Michigan's board of canvassers from certifying Mr Biden's win, a Michigan appellate judge said the people who'd submitted affidavits claiming fraud "did not have full understanding" of how Michigan tabulated ballots at Detroit's TCF Center.

When the judge asked if attorneys should face sanctions for filing affidavits they had not vetted and should have known to contain false information, an attorney for the City of Detroit, David Fink, said the Republican lawyers should have known there were problems with the affidavits because a Michigan state judge had already ruled that there were problems with them.

Ms Haller – who resigned from HUD shortly before her name appeared in court documents as part of the president's effort to throw out the election results – then interjected. Her voice broke as she attempted to defend herself by claiming that it was wrong to hold her and her colleagues accountable for what their witnesses had already said under oath in documents when they had not been able to present that evidence in a hearing.

"I would just briefly say that this was a complaint. We had good faith to attach exhibits ... and I simply am confused as to the standard that's being applied when it comes to filing a complaint, because this was not a verified complaint. I'm a little confused at the standard, we did not submit falsehoods and we have not had an opportunity to have our witnesses examined," she said.

Judge Parker replied: "The standard is that I'm applying here ... is that plaintiff's counsel submitted affidavits that the court may believe should have been, obviously questionable, if not false on their face."

"There's a duty that counsel has," she continued "when you're getting a statement in support of your case, actually, as presenting it as evidentiary support of your claims that you have reviewed it, that you have done some minimal due diligence, and that's what I am getting at."


As she concluded her remarks and called for a 20-minute recess, Ms Haller wiped tears from her face.

news.yahoo.com



To: Brumar89 who wrote (26362)7/13/2021 6:28:14 AM
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‘This is really fantastical’: Federal judge in Michigan presses Trump-allied lawyers on 2020 election fraud claims in sanctions hearing

By Rosalind S. Helderman July 12, 2021|Updated today at 9:24 p.m. EDT
washingtonpost.com

The latest effort to hold former president Donald Trump and his allies accountable for months of baseless claims about the 2020 election played out Monday in a Michigan courtroom, where a federal judge asked detailed and skeptical questions of several lawyers she is considering imposing sanctions against for filing a suit seeking to overturn the results.

U.S. District Court Judge Linda V. Parker said she would rule on a request to discipline the lawyers in coming weeks. But over and over again during the more than five-hour hearing, she pointedly pressed the lawyers involved — including Trump allies Sidney Powell and L. Lin Wood — to explain what steps they had taken to ensure their court filings in the case filed last year had been accurate. She appeared astonished by many of their answers.


While their suit aimed to create a broad impression that the vote in Michigan — and specifically Detroit’s Wayne County — had been troubled, the affidavits filed to support those claims included obvious errors, speculation and basic misunderstandings of how elections are generally conducted in the state, Parker said.

“There’s a duty that counsel has that when you’re submitting a sworn statement .?.?. that you have reviewed it, that you had done some minimal due diligence,” she said.

As the hearing concluded, a defiant Powell told the judge that she took “full responsibility” for the case’s pleadings and said she would file them again. She and the other lawyers “had a legal obligation to the country” to raise issues with the election, Powell said.

If Parker decides to discipline the lawyers, she could require them to pay the fees of their opponents in the case, the city of Detroit and Michigan state officials. But she could also go further — assessing additional monetary penalties or recommending grievance proceedings be opened that could result in banning the attorneys from practicing in Michigan or disbarring them altogether.

The Michigan hearing is part of a broad move underway nationally to hold responsible Trump and his backers who spread falsehoods about the election, the so-called “big lie” that led to the violent attack on the U.S. Capitol on Jan. 6.

The push for accountability has been advancing in the nation’s courts in recent months, even as Republicans have embraced Trump’s baseless claims and blocked an independent commission to scrutinize the failures that contributed to the Jan. 6 riot.

The effort, playing out in several states, includes attempts to punish attorneys who pursued dozens of failed efforts to use the courts to overturn the election, the filing of defamation lawsuits against key figures who falsely claimed voting machine manufacturers tipped the election, and the launch of criminal investigations examining whether Trump and his allies broke the law by trying to interfere with the official administration of the election.


One of the first substantial repercussions came last month, when a committee of judges in New York state suspended the law license of former New York mayor Rudolph W. Giuliani, who served as Trump’s personal attorney. The committee found that Giuliani had “communicated demonstrably false and misleading statements to courts, lawmakers and the public at large” in violation of his ethical obligations as an attorney.

Representatives for Giuliani have called the action “unprecedented” and expressed confidence that his law license will be restored after a hearing to determine whether to revoke his license permanently.


In Wisconsin, Gov. Tony Evers (D) has asked a federal judge to order Trump and three of his attorneys to pay the state’s attorneys’ fees in a case the former president filed in December unsuccessfully challenging President Biden’s win there. Trump and his lawyers told a judge in a court filing Monday that the request for attorney’s fees was “untimely and unwarranted.”

Authorities in several states have also opened criminal probes related to the post-election period, including in Fulton County, Ga., where District Attorney Fani Willis launched a criminal investigation in February, in the wake of Trump’s calls to state officials to try to persuade them reverse Biden’s victory in the state.

Jeff DiSantis, a spokesman for Willis, said Friday that the investigation is ongoing.


Earlier this year, Willis said her office was investigating whether “attempts to influence” the administration of the 2020 election in the state violated state law. She said she would examine contacts made with the offices of Georgia Secretary of State Brad Raffensperger, Gov. Brian Kemp and Attorney General Chris Carr, as well as with the General Assembly, which held hearings where Giuliani and others made unfounded allegations of fraud. Under Georgia law, it is illegal to lie under oath to the General Assembly.

An individual with knowledge of the investigation who spoke on the condition of anonymity because it is an active case said that the “voluntary phase” of the investigation is winding down and that subpoenas are likely to be issued soon to those who did not agree to be interviewed or turn over documents.

A separate investigation is now under underway in Michigan. A spokeswoman for state Attorney General Dana Nessel (D) last week confirmed her office has opened a case exploring the activities of individuals who have been raising money by circulating false claims that the election results in Antrim County were manipulated, an allegation that has been widely touted by Trump allies. Nessel’s spokeswoman said the Michigan State Police are involved in the case.

Nessel’s announcement came after a state Senate committee led by Republican Sen. Ed McBroom concluded last month that had been “no evidence of widespread or systematic fraud” in Michigan and recommended Nessel “consider investigating those who have been utilizing misleading and false information about Antrim County to raise money or publicity for their own ends.”

In Arizona, Secretary of State Katie Hobbs (D) wrote a letter to Attorney General Mark Brnovich (R) last week, asking that his office open an investigation into whether Trump and allies — including Giuliani and Arizona GOP Chairwoman Kelli Ward — might have violated a state law that makes it illegal to knowingly interfere with an election officer.

Her letter cited text messages and voice mails recently obtained via public information laws by the Arizona Republic that detailed a pressure campaign aimed at persuading members of the Maricopa County Board of Supervisors not to certify Biden’s victory in the county, which is home to Phoenix.

In one voice mail, Giuliani told one Republican supervisor: “I’d like to see if there’s a way that we can resolve this so that it comes out well for everyone. We’re all Republicans, I think we have the same goal.”

Another message showed that Ward texted the board’s chairman four days after the election — a time when ballots were still being tallied that ultimately confirmed Biden’s narrow in the county. “We need you to stop the counting,” she wrote.

A spokeswoman for Brnovich said he had received the letter and would review it, declining to comment further.

Meanwhile, a series of $1.3 billion defamation suits filed by Dominion Voting Systems against Giuliani, Powell and MyPillow chief executive Mike Lindell are moving through the civil courts. The company argues that the three Trump allies lied repeatedly about the company, creating a “viral disinformation campaign” that convinced the public that Dominion’s voting machines were used to flip Trump votes to Biden and swing the election.

A judge in Washington held a four-hour hearing in the matter last month and could decide whether to grant a motion to dismiss the suit at any time.

The focus of the Michigan hearing Monday was a lawsuit that involved nine lawyers, including Powell and Wood, that was brought on behalf of six local Republicans in late November after Biden’s victory in Michigan had been certified.

One of series of lawsuits known as the “Kraken” cases — after Powell promised her lawsuits would amount to releasing the mythical creature in Trump’s defense — the Michigan suit filed by the Trump allies argued the election had been marred by widespread fraud. The suit had asked Parker to order that Biden’s win be decertified and require that Trump be declared the winner of Michigan’s 16 electoral votes.


Parker, who was appointed to the bench by President Barack Obama, formerly served as the director of Michigan’s Department of Civil Rights.

In a stinging opinion in December, she rejected the request, writing that the relief the plaintiffs had sought was “stunning in its scope and breathtaking in its reach.”

“If granted, the relief would disenfranchise the votes of the more than 5.5 million Michigan citizens who, with dignity, hope, and a promise of a voice, participated in the 2020 General Election,” she continued, adding that the plaintiffs had advanced “nothing but speculation and conjecture that votes for President Trump were destroyed, discarded or switched to votes for Vice President Biden.”

Lawyers for the city of Detroit, as well as Nessel, acting on behalf of the state’s governor and secretary of state, later moved for the lawyers to be disciplined, arguing the case the lawsuit was frivolous and relied on false evidence. Legal rules and federal law require lawyers be truthful in court and avoid filing cases “unreasonably and vexatiously.”

David Fink, a lawyer for the city of Detroit, told the judge Monday that the suit had helped undermined faith in the election and helped lead directly to the Jan. 6 attack. “We can’t undo what happened, but this court can do something to let the world know that attorneys in this country are not free to use our courts to tell lies,” he said.

The lawyers rejected that claim and said their suit was a good-faith effort to use the court system to address concerns with the election.

“Civil complaints do not foment revolution,” said Donald Campbell, a lawyer representing the group. Instead, he argued that denying access to the courts to people who believe an election has been compromised“is what is dangerous.”

During the hearing, Powell took primary credit for writing the complaint, along with New York lawyer Howard Kleinhendler. (Wood argued he should not face sanctions because, according to Wood, he played no role despite the inclusion of his name on the complaint.)

Parker quizzed the lawyers about whether there is any legal basis to ask a judge to decertify an election and name a new winner. And she spent hours asking the attorneys to explain how closely they had reviewed and vetted information submitted in hundreds of pages of sworn declarations that they had told the court constituted evidence of purported fraud and irregularities.

The judge noted that one observer stated in an affidavit that she believed she saw election workers switching votes from Trump to Biden. Parker asked whether any of the lawyers had spoken to the witness and inquired what exactly she saw that led her to believe that votes had been switched. She was greeted with silence.

“Anyone?” she asked again.

When no one answered a second time, she said: “Let the record reflect that no one made that inquiry, which was central to [the] allegation.”

She focused on another statement from a witness who swore he saw individuals placing clear plastic bags into a mail truck — and said he believed the bags “could be ballots” headed for Detroit’s counting facility.

The judge called that allegation “really fantastical” and “speculative.”

“I don’t think I’ve really ever seen an affidavit that has made so many leaps,” she said. “My question to counsel here is, how could any of you as officers of the court present this type of an affidavit?”

Julia Haller, one of the lawyers who filed the original suit, responded that the statement accurately reflected what the man believed he had seen and that the affidavits should be viewed collectively as suggesting a “pattern of fraud.”

She and the other lawyers repeatedly asked to be allowed an opportunity to bring their witnesses into court and have them be questioned about their evidence and qualifications before being disciplined over their sworn statements.

One declaration came from a witness referred to by the lawyers in court documents only as “Spider.” In his sworn declaration, he claimed to be a former military intelligence expert who had discovered server traffic revealing that Iran and China had tampered with the election. But The Washington Post revealed in December that “Spider” was actually a 43-year-old Texas-based information technology consultant named Joshua Merritt who never worked in military intelligence.

Records show he enrolled in a training program with a military intelligence battalion but never completed the entry-level course, an Army spokeswoman told The Post. Records show that Merritt spent most of his decade in the U.S. Army as a wheeled vehicle mechanic.

In court Monday, Kleinhendler told Parker that Merritt had done training with the intelligence unit and was prepared to testify about his qualifications — but only in a sealed hearing because of the confidentiality of his work.

In another instance, a cybersecurity analyst based in Texas stated in a sworn declaration that more than 139 percent of registered voters in the city of Detroit had cast ballots — a dramatic irregularity that, if true, would have signaled obvious problems or fraud in the predominantly Democratic city.

However, city records showed that just under 51 percent of registered voters cast ballots.

While that error was corrected in later filings in the case, Fink noted to the judge that among those who would go on to echo the claim was Trump, who mentioned the false statistic in a Jan. 2 phone call to the secretary of state of Georgia as he sought to overturn Biden’s win in that state.

“The suggestion that this is some kind of harmless error because it was ultimately corrected flies in the face of the reality of what actually happened,” Fink said. “These lies were put out into the world. When they were put out into the world, they were believed.”


Amy Gardner and Emma Brown contributed to this report.

By Rosalind Helderman
Rosalind Helderman is a political enterprise and investigations reporter for The Washington Post. She joined The Post in 2001. Twitter

washingtonpost.com



To: Brumar89 who wrote (26362)7/13/2021 7:09:40 AM
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‘I Alone Can Fix It’ book excerpt: Inside Trump’s Election Day and the birth of the ‘big lie’

At the end of a tumultuous day, the defiant president refused to accept the signs that he was losing the White House contest to Joe Biden. “I won in a landslide and they’re taking it back,” Trump told advisers.


By Carol D. Leonnig and Philip Rucker
July 13, 2021|Updated today at 6:01 a.m. EDT
washingtonpost.com

Part one of an excerpt from “I Alone Can Fix It: Donald J. Trump’s Catastrophic Final Year.” Leonnig and Rucker will discuss this book during a Washington Post Live event on July 20.

Finally, Election Day had arrived. The morning of Nov. 3, 2020, President Trump was upbeat. The mood in the West Wing was good. Some aides talked giddily of a landslide. Several women who worked in the White House arrived wearing red sweaters in a show of optimism, while some Secret Service agents on the president’s detail sported red ties for the occasion. Trump’s voice was hoarse from his mad dash of rallies, but he thought his exhausting final sprint had sealed the deal. He considered Joe Biden to be a lot of things, but a winner most definitely was not one of them. “I can’t lose to this f------ guy,” Trump told aides.

Around noon, his detail whisked Trump across the Potomac River to visit his campaign headquarters in Arlington, where campaign manager Bill Stepien and the senior leadership briefed Trump in the conference room. Stepien outlined what to expect that night — when polls closed in each battleground state, how quickly votes should be tallied and which states would probably have the first projected winners. He explained that because of the huge number of mail-in ballots in many states, it might take long into the night for votes to be counted. Patience was in order.

Stepien explained to Trump that in many battleground states, the first votes to be recorded were expected to be in-person Election Day votes, which could lean Trump, while mail-in votes, which were likely to heavily favor Biden, would be added to the tally later as those ballots were processed. This meant that the early vote totals could well show Trump ahead by solid margins.

“It’s going to be good early,” Stepien told the boss. But, as he cautioned the president, those numbers would be incomplete and the margins probably would tighten later in the evening.

Trump then stepped out of the conference room and into the big open floor of cubicles to give a brief pep talk to scores of assembled staffers, who greeted him with raucous applause. A pool of journalists stood nearby to cover his remarks, and a reporter asked whether he had prepared an acceptance speech or a concession speech to deliver that evening.

“No, I’m not thinking about concession speech or acceptance speech yet,” Trump said. “Hopefully, we’ll be only doing one of those two. And, you know, winning is easy. Losing is never easy. Not for me it’s not.”

As Trump thought about winning or losing, the Pentagon brass was focused on keeping the peace. That morning, Defense Secretary Mark T. Esper; Gen. Mark Milley, the chairman of the Joint Chiefs of Staff; and other defense officials were briefed about security concerns around the nation. If Trump won, officials expected large crowds of protesters to assemble in Washington, perhaps as many as 10,000 or 15,000 people. Law enforcement officials were monitoring cities, including Atlanta, Boston, Los Angeles, Norfolk, Philadelphia and San Diego, for likely protests.

Meanwhile, White House cooks and ushers were busy preparing to receive hundreds of guests for an election night viewing party. Trump’s original plan had been to stage his “victory” party at the Trump International Hotel a few blocks away on Pennsylvania Avenue. But that plan had been scotched a few days earlier, as the president’s wishes for a celebration at his luxury hotel ran headlong into the District’s public health regulations for the coronavirus. No more than 50 people could gather at an indoor venue in the city.

Trump’s campaign and his White House political team had nearly 400 people they wanted to invite for election night, so they moved the party to the White House, which is on federal property and therefore not subject to local ordinances. The choice of location broke with a solemn tradition of never using the White House for overt political purposes, a norm Trump had already tossed aside in August by delivering his Republican National Convention acceptance speech from the South Lawn.

Trump also used the White House to house his political operation, setting up two “war rooms” with computers, large-screen televisions and other equipment where campaign staffers would monitor election returns. The larger of the two war rooms was in government office space in the Eisenhower Executive Office Building, which is next to the West Wing and part of the White House campus, where roughly 60 staffers would have work stations from which to receive up-to-the-minute information from battleground states and track precinct data. The smaller war room was in the Map Room, on the ground level of the White House residence. Steeped in history, the Map Room took its name from World War II, when President Franklin D. Roosevelt turned it into a situation room with maps to track troop movements and to receive classified information on the war’s progress. Trump’s most senior aides planned to work through the night in the Map Room, now transformed into the campaign’s command center, where Stepien and his top deputies could analyze data and stay close to the president to brief him in person as needed.

This and other episodes recounted in this book are based on hundreds of hours of interviews with more than 140 people, including the most senior Trump administration officials, friends and outside advisers to the 45th president. Most of the people interviewed agreed to speak candidly only on the condition of anonymity. Scenes were reconstructed based on firsthand accounts and, whenever possible, corroborated by multiple sources and buttressed by a review of calendars, diary entries, internal memos and other correspondence among principals.

House Speaker Nancy Pelosi had been working toward this night for four years. For her, election night in 2016 had been a nightmare, and she was determined not to allow a repeat in 2020. “That night was like getting kicked in the back by a mule over and over again,” she said in an interview. The California Democrat recalled thinking that night about Trump’s surprise victory: “It can’t be true. It can’t be happening to our country.”

Pelosi added: “You understand that this is not a person of sound mind. You understand that. You know that. He’s not of sound mind … When he first got elected, I was devastated because I thought Hillary Clinton was one of the best prepared people to be president — better than her husband, better than [Barack] Obama, better than George W. Bush. Maybe not better than George Herbert Walker Bush, because he had been a vice president. I don’t think any of the people I just mentioned would deny that she was better qualified, experienced, all the rest of it. So, the idea that he would get elected was shocking. It was shocking.”

Mitt Romney had been less shocked by Trump’s election — he had watched firsthand as the Republican Party was radicalized by the far right — but was just as determined to prevent a second Trump term. The senator from Utah said in an interview that he watched the election returns in California with his wife, Ann, son Craig and other family members, and felt a pit in his stomach. The early numbers looked surprisingly good for Trump. Biden was struggling in the quadrennial bellwether of Florida, even in Democrat-rich Miami-Dade County.

“I think he’s going to win,” Romney recalled telling his family. “Those polls were way off. I think he’s going to pull it out.”

At the White House, people liked what they were seeing. There was a party atmosphere. Staff hung out in West Wing offices chatting at least until 9 p.m. National Security Council officials celebrated in the Roosevelt Room. White House Chief of Staff Mark Meadows served beer and food in his corner office. Another group of aides lingered outside White House press secretary Kayleigh McEnany’s office, known as Upper Press. In the residence, scores of guests — Cabinet secretaries, members of Congress, television stars and other dignitaries — were drinking and milling around, mostly without masks save for Health and Human Services Secretary Alex Azar, who kept his on. After a few too many swigs of wine and beer, some guests became rather animated as the night progressed.

Upstairs in the first family’s private quarters, Trump was glued to the television. He alternated between watching from his bedroom alone and from a family room with Melania, other family members and some of his most trusted aides, including Hope Hicks. Senior advisers including Stepien, Meadows, McEnany, Jason Miller, Stephen Miller and Ronna McDaniel were in the Map Room. Members of the president’s family — Donald Trump Jr., Ivanka Trump, Jared Kushner, Eric Trump and his wife, Lara, who worked on the campaign — came in and out much of the night, as did a pair of special party guests, Fox News stars Laura Ingraham and Jeanine Pirro.

They all turned to Matt Oczkowski for updates, sometimes as often as every few minutes. As the campaign’s top data cruncher, Oczkowski sat in front of a computer and performed real-time analysis of precinct data to stay ahead of state calls and to spot any trouble on the horizon. He liked what he saw early on. Florida offered the first good indicators. Trump was overperforming with Blacks and Latinos, especially among Cuban Americans in South Florida. Miami-Dade was going gangbusters for Trump. And turnout among the president’s base of rural Whites was high. Meadows, meanwhile, paid close attention to precinct returns out of North Carolina, which he had represented in Congress, and he felt confident about Trump’s chances there. And early returns out of Pennsylvania were encouraging.

At this point in the evening, Stepien tried to temper Trump’s optimism and keep the president’s mind from racing too far ahead of reality. “Stay calm,” the campaign manager told him. “We won’t know for some period of time.”

One Trump confidant who mostly stayed out of the Map Room was Rudolph W. Giuliani. That’s because the president’s personal attorney had set up his own command center upstairs on the party floor. Giuliani sat at a table in the Red Room with his son, Andrew, who worked at the White House in the Office of Public Liaison, staring intensely at a laptop watching vote tallies. The Giulianis made for an odd scene, as partygoers swirled around them. After a while, Rudy Giuliani started to cause a commotion. He was telling other guests that he had come up with a strategy for Trump and was trying to get into the president’s private quarters to tell him about it. Some people thought Giuliani may have been drinking too much and suggested to Stepien that he go talk to the former New York mayor. Stepien, Meadows and Jason Miller took Giuliani down to a room just off the Map Room to hear him out.

Giuliani went state by state asking Stepien, Meadows and Miller what they were seeing and what their plan was.

“What’s happening in Michigan?” he asked.

They said it was too early to tell, votes were still being counted and they couldn’t say.

“Just say we won,” Giuliani told them.

Same thing in Pennsylvania. “Just say we won Pennsylvania,” Giuliani said.

Giuliani’s grand plan was to just say Trump won, state after state, based on nothing. Stepien, Miller and Meadows thought his argument was both incoherent and irresponsible.

“We can’t do that,” Meadows said, raising his voice. “We can’t.”


Some competitive races were falling into place for Republicans. In South Carolina, Sen. Lindsey O. Graham faced a tough challenge from Democrat Jaime Harrison, an impressive candidate who had garnered national attention and raised a record-shattering $109 million. But South Carolina, long a bastion of Republicanism, stayed true to form. The race was called early, with Graham winning 54 percent to Harrison’s 44 percent.

Trump was watching TV as news networks projected Graham’s victory, and within minutes he called his friend.

“You got yours,” Trump told Graham. “I’ve got a fight on my hands.”

“Well, Mr. President, hang in there,” Graham said. “It’s looking pretty good for you.”

As the night wore on, some of Trump’s advisers began to worry. Public polls, as well as the Trump campaign’s internal surveys, had long projected that the race was Biden’s to lose, and that prediction was bearing out as more precincts reported votes from battleground states. Alyssa Farah, the White House communications director, stepped away from the party in the East Room and saw McDaniel pacing in the hallway.

“Ronna, good to see you!” Farah said to the Republican National Committee chairwoman.

“Hey, good to see you,” McDaniel said. Then, as she turned away, McDaniel said, “Things are not looking good.”

William P. Barr had the same feeling. The attorney general had shown up for Trump’s election night party, even though he had thought for months that Trump was destined to become a one-term president. Trump didn’t seem able to get out of his own way and deliver a disciplined message. Barr hung around the party for a bit, but a little after 10 p.m. decided to call it a night. He went home to get some sleep.

The Pentagon’s top two leaders stayed away from Trump’s party, still hypervigilant about avoiding any suggestion that they were politicizing the military. Esper and Milley had learned that lesson back on June 1 in Lafayette Square. Milley watched the returns on TV from his home at Fort Myer in Arlington. A history buff, Milley memorialized the night by keeping his own scorecard of states in his journal. Around 10:30 p.m., with results from most key states still far too close to call, Milley received an interesting call from a retired military buddy who reminded him of his apolitical role as chairman of the Joint Chiefs of Staff.

“You are an island unto yourself right now,” the friend said, according to the account Milley shared with aides. “You are not tethered. Your loyalty is to the Constitution. You represent the stability of this republic.”

Milley’s friend added: “There’s fourth-rate people at the Pentagon. And you have fifth-rate people at the White House. You’re surrounded by total incompetence. Hang in there. Hang tough.”


Esper was at home in Northern Virginia feeling at peace that he had survived this long without getting fired and without having acquiesced to Trump’s wishes to order troops to break up domestic protests. The defense secretary had had a target on his back all fall, but Trump had not axed him.

Esper had a scare the night before, Nov. 2, when NBC’s Courtney Kube planned to report that he was preparing to be fired the day after the election, had updated his resignation letter and was quietly advising members of Congress about renaming Army bases named for Confederate generals as a sort of mic drop to fortify his legacy. Esper believed that if NBC published the story, it would signal that he was on the verge of resigning and prompt his premature firing — so he raced to stop it. He directed his aides to try to convince Kube that her information could be overhyped. It was true that Esper had been consulting with Congressional committees about renaming the bases. It also was true that he had prepared a resignation letter, as many Trump appointees had, but he had no imminent plans to submit it. In truth, Esper expected that Trump would fire him after the election, but was hoping to hold on if he could, at least for a few days after the election. He was worried about what Trump might try to do with the military if he were not at the helm. Esper warned Kube that publishing her story could result in a more compliant acting secretary of defense, which could have worrisome repercussions. The story was held as they tussled back and forth.

Esper was a lifelong Republican and had worked at the conservative Heritage Foundation as well as for Republican senators Bill Frist and Chuck Hagel. But he told his closest colleagues that as he watched TV news anchors cover the election results, he found himself rooting for the Democrat. Esper had worked with Biden and his secretary of state in waiting, Antony Blinken, when he was a senior staffer on the Senate Foreign Relations Committee. He had confidence that they were serious, stable people who cared deeply about shoring up national security. Esper couldn’t say the same about Trump. In fact, Trump had privately indicated that he would seek to withdraw from NATO and to blow up the U.S. alliance with South Korea, should he win reelection. When those alliances had come up in meetings with Esper and other top aides, some advisers warned Trump that shredding them before the election would be politically dangerous.

“Yeah, the second term,” Trump had said. “We’ll do it in the second term.”

Esper had known that Trump had wanted to fire him ever since their June 3 argument over the Insurrection Act, but had heard that Secretary of State Mike Pompeo, campaign officials and other advisers had talked the president out of doing so before the election. They had argued that he couldn’t afford to rupture his relationship with a second defense secretary, not after Jim Mattis’s rocky departure and the sharp public criticism he later leveled at Trump.

Esper had lived through the strain of the 2000 recounts and the Bush v. Gore case. He had repeatedly told his deputies that he wanted this election to be “clean and clear,” as in free of any suggestion of corruption and indisputably clear who had won. He had feared that anything less might give Trump some shred of a reason to call out troops. Later in the evening, as returns posted in Biden’s favor, Esper told a friend, “It looks good.” The defense secretary went to bed comforted by signs that the country would get a divided and stable government — a Democratic president and, he hoped, a Republican Senate.

At 11:20 p.m. on Fox News, Bill Hemmer was standing before his giant touch screen in the network’s Studio F in New York, guiding viewers through electoral college scenarios when Arizona turned blue on his map. The sudden change in color caught Hemmer off guard. “What is this happening here? Why is Arizona blue? Did we just call it? Did we just make a call in Arizona? Let’s see,” he said.

Co-anchor Martha MacCallum said that indeed Fox had called Arizona, a hotly contested battleground state with 11 electoral college votes.

Co-anchor Bret Baier chimed in. “Time out,” he said. “This is a big development. Fox News’s decision desk is calling Arizona for Joe Biden.” Baier added, “Biden picking up Arizona changes the math.”

Trump, who had been watching Fox, was livid. He could not fathom that the conservative news network he had long considered an extension of his campaign was the first news organization to call Arizona for Biden. This was a betrayal. His top advisers, who had been in the Map Room at the time, rushed upstairs to see the president. Giuliani followed them.

“They’re calling it way too early,” Oczkowski told Trump. “This thing is close. We still think we’ll win narrowly — and not just us. Doug Ducey’s modeling people show us winning.” Ducey, Arizona’s Republican governor, and his political team had kept in close contact with Trump’s aides.

That hardly reassured the president. “What the f--- is Fox doing?” Trump screamed. Then he barked orders to Kushner: “Call Rupert! Call James and Lachlan!” And to Jason Miller: “Get Sammon. Get Hemmer. They’ve got to reverse this.” The president was referring to Fox owner Rupert Murdoch and his sons, James and Lachlan, as well as Bill Sammon, a top news executive at Fox.

Trump’s tirade continued. “What the f---?” he bellowed. “What the f--- are these guys doing? How could they call this this early?”

Oczkowski again tried to soothe the president. “They’re calling this way too early,” he said. “This is unbelievable.”

Giuliani pushed the president to forget about the Arizona call and just say he won — to step into the East Room and deliver a victory speech. Never mind that Meadows had earlier snapped at Giuliani and said the president couldn’t just declare himself the winner.

“Just go declare victory right now,” Giuliani told Trump. “You’ve got to go declare victory now.”

Giuliani’s interjection of his “just-say-you-won” strategy infuriated Trump’s campaign advisers.

“It’s hard to be the responsible parent when there’s a cool uncle around taking the kid to the movies and driving him around in a Corvette,” one of these advisers recalled. “When we say the president can’t say that, being responsible is not the easiest place to be when you’ve got people telling the president what he wants to hear. It’s hard to tell the president no. It’s not an enviable place to be.”

Once they got away from the president, Kushner called Rupert Murdoch. Jason Miller tried Sammon but couldn’t reach him. Other Trump aides pitched in, too. Counselor Kellyanne Conway reached out to Baier and MacCallum, who were on the air. Hicks, who had worked under Lachlan Murdoch at the Fox Corp. between her White House stints, reached out to Fox Corp. Senior Vice President Raj Shah, a former Trump spokesman, to track down a number for Jay Wallace, the president of Fox News.

Conway talked to Brian Seitchik, a longtime Trump adviser based in Arizona, who assured her: “This is irresponsible. Here in Arizona, we just have way too many votes left to count.”

Ducey called the Trump team and was put on speakerphone. The governor told them that the Fox call was premature and that, according to his analysis, Trump still had a chance to win because so many votes remained to be counted.

Typically, most news organizations call states around the same time because they tend to have similar standards for when it is safe to project winners and losers. But with Arizona, other major news organizations held back on joining Fox’s call. In fact, Jason Miller received text messages from contacts at other networks. “I can’t believe Fox is doing you guys dirty,” one of them wrote.

Trump and his family became apoplectic as the night ticked on and his early leads over Biden in Pennsylvania and other states kept shrinking. As additional votes were being counted, Biden inched closer to Trump. Pennsylvania was too close to call, as was Georgia. Trump decided to deliver remarks to his viewing party and came down into the Map Room, where he yelled at Justin Clark, the deputy campaign manager.

“Why are they still counting votes?” Trump asked. “The election’s closed. Are they counting ballots that came in afterward? What the hell is going on?” Trump, through a spokesman, denied saying this.

The president told Conway that he thought something nefarious was at play.

“They’re stealing this from us,” Trump said. “We have this thing won. I won in a landslide and they’re taking it back.”

Of course, nobody was taking anything. Election officials were simply doing their duty, counting ballots. But Trump didn’t see it that way. He seemed to truly believe he had been winning. As one Trump adviser later explained, “The psychological impact of, he’s going to win, people were calling him saying he’s going to win, and then somehow these votes just keep showing up.”

Eric Trump, who the night before had predicted to friends that his father would win with 322 electoral college votes, flipped out in the Map Room.

“The election is being stolen,” the president’s 36-year-old son said. “Where are these votes coming from? How is this legit?”


He yelled at the campaign’s data analysts, as if it were their fault that his father’s early leads over Biden were shrinking. ”“We pay you to do this,” he said. “How can this be happening?

Eric Trump, through a spokesperson, insisted that he did not berate campaign staff, as described by witnesses.

Donald Trump Jr. said, “There’s no way we lose to this guy,” referring to Biden.

Shortly after 2 a.m. on Nov. 4, “Hail to the Chief” played at the East Room party. Out walked Trump, followed by Melania Trump, Vice President Mike Pence and Karen Pence. Stephen Miller and the speechwriting team had prepared remarks for Trump to deliver, but the president veered from his teleprompter script to instead deliver stream-of-consciousness thoughts.

“We were winning everything and all of a sudden it was just called off,” Trump said. He added, “Literally, we were just all set to get outside and just celebrate something that was so beautiful, so good.”

Trump rattled off states he had won — Florida! Ohio! Texas! — and then claimed that he had already won states that were too close to call, including Georgia and North Carolina. He bragged about his leads in some states — “Think of this: We’re up 690,000 votes in Pennsylvania. Six hundred ninety thousand!” — and falsely claimed to be winning Michigan and Wisconsin.


Neither Trump nor Biden was declared the overall winner because Arizona, Georgia, North Carolina and Pennsylvania remained too close to call. Yet Trump insisted that he was the actual winner, and that his sweet victory had been somehow snatched from him.

“This is a fraud on the American public,” the president said. “This is an embarrassment to our country. We were getting ready to win this election. Frankly, we did win this election. We did win this election. So our goal now is to ensure the integrity for the good of this nation. This is a very big moment. This is a major fraud in our nation. We want the law to be used in a proper manner. So we’ll be going to the U.S. Supreme Court. We want all voting to stop. We don’t want them to find any ballots at four o’clock in the morning and add them to the list, okay? It’s a very sad moment. To me, this is a very sad moment, and we will win this. And as far as I’m concerned, we already have won it.”

This was an extraordinary accusation for any political candidate to make about any election, much less for a sitting president to make about the country’s most consequential election. Trump was telling the 74 million people who voted for him not to trust the results.

Watching from California, Romney was heartsick. “We’re in a global battle for the survival of liberal democracy in the face of autocracy and autocratic regimes attempting to dominate the world,” he recalled in the interview. “So saying something and doing things that would suggest that in the free nation of the United States of America and the model of democracy for the world, that we can’t have a free and fair election would have a destructive effect on democracy around the world, not just to mention here.”

Pelosi watched Trump’s speech in horror. “It was just a complete, total manifestation [of] insanity,” she recalled in the interview.


“It was clear over that four-year period that this was not a person who was on the level — on the level intellectually, on the level mentally, on the level emotionally and certainly not on the level patriotically,” she said. “So for him to say what he said, I wouldn’t say was [as] surprising as it might have been if we hadn’t seen the instability all along.”

Following his speech, Trump hung around the Green Room next door to the East Room talking to some advisers and VIP guests, asking them what they thought. Ingraham, whose prime-time show was off the air that night because of Fox’s election coverage, was overheard giving the president some advice. She expressed general doubt that the outcome would change in the days ahead, given the historical reluctance of federal courts to intervene in elections, a contrast to what she considered unrealistic scenarios being painted by some others around the president.

“Give up on Arizona,” Ingraham told him, apparently confident in her network’s decision to project Biden the winner there.

Giving up wasn’t in Trump’s repertoire. “Fox shouldn’t have called it,” he told her.

Karl Rove, the former George W. Bush strategist and Fox commentator, had just come off the air when he got a call from a Trump adviser. “He’s in a meltdown,” the adviser told Rove. “Can you call him and tell him that all is not lost?”


Rove phoned the president and tried to give him a pep talk.

“Hang in there,” he told Trump. “There’s a lot of ballots to be counted and it’s not going to be done for some time. You fought a good fight … You’re not out yet.”

Rove and Trump briefly discussed the state of the race in Arizona. “I know premature calls,” he said, reminding the president of the fiasco on election night in 2000, when some networks projected Al Gore would win Florida only to have to retract their call a couple of hours later. “Hang in there. You gave it your all. You came down to the end. You upset them in 2016. You can do it again. Just hold on.”

Trump then retreated to the Map Room to talk to his campaign team. He stayed up until 4 a.m. chewing over the incoming results. The president was fixated on Pennsylvania, where Biden kept cutting into his lead. There were enough votes still to be counted in Philadelphia, which were sure to favor the Democrat, for Biden to overtake Trump. And indeed, Democrats were optimistic that once all the votes were in, Biden would win the state.

Conway and Meadows both preached patience.

“Mr. President, you’re ahead in Pennsylvania by 700,000 votes,” Conway told him. “We won Pennsylvania by 44,000 votes last time. Just let them count the votes. Let them get through the votes.”

Meadows said: “Just count the votes, Mr. President. You probably have enough to keep those leads.”

Trump wasn’t having any of it. He thought Democrats were rigging the vote totals.

“If I wake up in the morning and they say Trump is ahead by 100,000, they’ll find 100,001 votes in the backyard,” the president said.

“Mr. President, it stings,” Conway said. “It just hurts to have lost Pennsylvania.”

“Honey, we didn’t lose Pennsylvania,” Trump replied. “We won Pennsylvania.”


Conway, who often was quick with a rejoinder to lighten the mood at tense moments, invoked the security cameras that some homeowners install at their front doors to monitor for stolen packages or unwanted visitors. “Then your campaign should’ve invested in Ring and Nest cameras,” she quipped.


carol.leonnig@washpost.com

philip.rucker@washpost.com

Copyright 2021 by Carol Leonnig and Philip Rucker. Reprinted with permission from Penguin Press. All rights reserved.

By Carol D. Leonnig
Carol Leonnig is an investigative reporter at The Washington Post, where she has worked since 2000. She won the 2015 Pulitzer Prize for her work on security failures and misconduct inside the Secret Service. Twitter

By Philip Rucker
Philip Rucker is the White House Bureau Chief for The Washington Post. He joined The Post in 2005 and previously has covered Congress, the Obama White House, and the 2012 and 2016 presidential campaigns. Rucker also is co-author of "A Very Stable Genius," a No. 1 New York Times bestseller, and is a Political Analyst for NBC News and MSNBC. Twitter

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