Trump's cultists would do anything in order to "prove" their case of "massive election fraud" and that apparently included breaching swing state election systems in order to find...or plant...evidence of such.
Eighteen months after Donald Trump lost the White House, loyal supporters continue to falsely assert that compromised balloting machines across America robbed him of the 2020 election.
To stand up that bogus claim, some Trump die-hards are taking the law into their own hands – by attempting, with some success, to compromise the voting systems themselves.
Previously unreported surveillance video captured one such effort in August in the rural Colorado town of Kiowa. Footage obtained by Reuters through a public-records request shows Elbert County Clerk Dallas Schroeder, the county’s top election official, fiddling with cables and typing on his phone as he copied computer drives containing sensitive voting information.
Schroeder, a Republican, later testified that he was receiving instructions on how to copy the system’s data from a retired Air Force colonel and political activist bent on proving Trump lost because of fraud.
That day, Aug. 26, Schroeder made a “forensic image of everything on the election server,” according to his testimony, and later gave the cloned hard drives to two lawyers.
Schroeder is now under investigation for possible violation of election laws by the Colorado secretary of state, which has also sued him seeking the return of the data. Schroeder is defying that state demand and has refused to identify one of the lawyers who took possession of the hard drives. The other is a private attorney who works with an activist backed by Mike Lindell, the pillow mogul and election conspiracy theorist.
Schroeder said in a legal filing that he believed he had a “statutory duty” to preserve voting records. He declined to comment for this report.
The episode is among eight known attempts to gain unauthorized access to voting systems in five U.S. states since the 2020 election. All involved local Republican officeholders or party activists who have advanced Trump’s stolen-election falsehoods or conspiracy theories about rigged voting machines, according to a Reuters examination of the incidents. Some of the breaches, including the one in Elbert County, were inspired in part by the false belief that state-ordered voting-system upgrades or maintenance would erase evidence of alleged fraud in the 2020 election. In fact, state election officials say, those processes have no impact on the voting systems’ ability to save data from past elections.
The incidents include a North Carolina case, first reported last week by Reuters, in which a local Republican Party leader threatened to get a top county election official fired or have her pay cut if she didn’t give him unauthorized access to voting equipment. In southern Michigan, a pro-Trump clerk who has expressed support for the QAnon conspiracy theory on social media defied state orders to perform maintenance on a voting machine on the unfounded belief that doing so could erase proof of alleged fraud. In another Michigan case, a Republican activist impersonated an official from a made-up government agency in a plot to seize voting equipment.
Some of the people and groups involved in the vigilante election-investigator movement are drawing financial support from Lindell, the My Pillow Inc chief executive and one of the most visible backers of Trump’s false fraud claims. Lindell said he hired four top members of one group, the U.S. Election Integrity Plan, or USEIP. The group got Lindell’s backing about three months after its co-founder advised Elbert County Clerk Schroeder in his effort to copy and leak voting data. In all, Lindell told Reuters he has spent about $30 million and hired up to 70 people, including lawyers and “cyber people,” partly in support of Cause of America, a right-wing network of election activists.
Lindell, who said he hasn’t been involved in any data breaches, said his quest aims to prove fraud in the 2020 vote and to reshape American elections by getting rid of electronic voting machines and returning to paper ballots. The Trump ally said his fraud claims will eventually be vindicated in spite of what he described as ridicule from the media.
“We’ve got to get rid of the machines!” Lindell said. “We need to melt them down and use them for prison bars and put everyone in prison that was involved with them.”
A spokesperson for Trump did not respond to requests for comment.
A lot of people should be in jail, chiefly Trump himself. But the larger problem is that these crooks are setting up their game plan to steal the election from the Democrats in 2024, they're doing it in broad daylight, and little is being done to stop them. If we don't, well....
From long before Election Day 2020, Trump and Republicans planned to overturn the presidential election by exploiting the Electors and Elections Clauses of the Constitution, the Electoral College, the Electoral Count Act of 1877, and the 12th Amendment, if Trump lost the popular and Electoral College vote.
The cornerstone of the plan was to have the Supreme Court embrace the little known "independent state legislature" doctrine, which, in turn, would pave the way for exploitation of the Electoral College process and the Electoral Count Act, and finally for Vice President Mike Pence to reject enough swing state electoral votes to overturn the election using Pence's ceremonial power under the 12th Amendment and award the presidency to Donald Trump.
The independent state legislature doctrine says that, under the Elections and the Electors Clauses of the Constitution, state legislatures possess plenary and exclusive power over the conduct of federal presidential elections and the selection of state presidential electors. Not even a state supreme court, let alone other state elections officials, can alter the legislatively written election rules or interfere with the appointment of state electors by the legislatures, under this theory.
The Supreme Court has never decided whether to embrace the independent state legislature doctrine. But then-Chief Justice William Rehnquist, and Justices Antonin Scalia and Clarence Thomas in separate concurring opinions said they would embrace that doctrine in Bush v. Gore, 20 years earlier, and Republicans had every reason to believe there were at least five votes on the Supreme Court for the doctrine in November 2020, with Amy Coney Barrett having just been confirmed in the eleventh hour before the election.
Trump and the Republicans began executing this first stage of their plan months before November 3, by challenging as violative of the independent state legislature doctrine election rules relating to early- and late-voting, extensions of voting days and times, mail-in ballots, and other election law changes that Republicans contended had been unlawfully altered by state officials and state courts in swing states such as Pennsylvania, Wisconsin, North Carolina and Michigan.
These cases eventually wound their way to the Supreme Court in the fall of 2020, and by December, the Supreme Court had decided all of these cases, but only by orders, either disallowing federal court intervention to change an election rule that had been promulgated by a state legislature, allowing legislatively promulgated rules to be changed by state officials and state courts, or deadlocking 4-4, because Justice Barrett was not sworn in until after those cases were briefed and ready for decision by the Court. In none of these cases did the Supreme Court decide the all-important independent state legislature doctrine.
Thwarted by the Supreme Court's indecision on that doctrine, Trump and the Republicans turned their efforts to the second stage of their plan, exploitation of the Electoral College and the Electoral Count Act.
The Electoral College is the process by which Americans choose their presidents, a process that can lead to the election as president of a candidate who does not receive a majority of votes cast by the American voters. Republicans have grown increasingly wary of the Electoral College with the new census and political demographics of the nation's shifting population.
The Electoral Count Act empowers Congress to decide the presidency in a host of circumstances where Congress determines that state electoral votes were not "regularly given" by electors who were "lawfully certified," terms that are undefined and ambiguous. In this second stage of the plan, the Republicans needed to generate state-certified alternative slates of electors from swing states where Biden won the popular vote who would cast their electoral votes for Trump instead. Congress would then count the votes of these alternative electoral slates on January 6, rather than the votes of the certified electoral slates for Biden, and Trump would be declared the reelected president.
The Republicans' plan failed at this stage when they were unable to secure a single legitimate, alternative slate of electors from any state because the various state officials refused to officially certify these Trump-urged slates.
Thwarted by the Supreme Court in the first stage, foiled by their inability to come up with alternative state electoral slates in the second stage, and with time running out, Trump and the Republicans began executing the final option in their plan, which was to scare up illegitimate alternative electoral slates in various swing states to be transmitted to Congress. Whereupon, on January 6, Vice President Pence would count only the votes of the illegitimate electors from the swing states, and not the votes of the legitimate, certified electors that were cast for Biden, and declare Donald Trump's reelection as President of the United States.
All three of those tactics failed in 2020. In 2024, they may very well succeed.
Unless we stop them.
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