Posts tagged with "Election fraud"

Judge orders sanctions against Arizona GOP candidate who refused to accept loss

March 8, 2023

An Arizona judge has ordered sanctions against Mark Finchem and his attorney over false claims they made about election fraud after Finchem, the Republican candidate for Arizona secretary of state, lost his race last November and refused to accept the results, reports The Washington Post.

Weeks after the election, Finchem sued his Democratic opponent, Adrian Fontes, and then-Arizona Secretary of State Katie Hobbs (D)—challenging the results of the vote and requesting that a new election be held. Maricopa County Superior Court Judge Melissa Iyer Julian tossed his suit in December, saying it was groundless.

Fontes and Hobbs asked the court in December to sanction Finchem, according to The Arizona Republic, saying his case was “a politically motivated weaponization of the legal process meant to perpetuate the dangerous narrative that our elections are unreliable, our elected leaders are corrupt, and our democracy is broken.”

In a new ruling last week, Julian agreed, ordering Finchem and his lawyer, Daniel McCauley III, to cover legal fees for Fontes and Hobbs—who both won their November races and have since assumed new roles as Arizona’s secretary of state and governor, respectively.

In her ruling, Julian noted that Arizona law sought to discourage lawsuits without “legitimate basis in fact or law”—but also emphasized that sanctions should be awarded only in rare cases, so as not to discourage legitimate challenges. But this was such a case, she added.

“None of contestant Finchem’s allegations, even if true, would have changed the vote count enough to overcome the 120,000 votes he needed to affect the result of this election,” Julian wrote. “The court finds that this lawsuit was groundless and not brought in good faith.”

Julian wrote that there was no evidence that Finchem or his lawyer made any efforts to examine if their claims actually formed a valid basis for challenging the election; and that they continued to assert their false claims, despite evidence to the contrary.

“Although election challenges must be filed on an expedited basis, in this instance Finchem had the necessary facts and controlling case law available to him when he nevertheless elected to pursue a meritless challenge,” Julian wrote.

Julian declined to award any additional penalty or damages beyond the attorneys’ fees, which remain to be determined.

Neither Finchem nor McCauley could be reached immediately Monday.

Finchem is among the Republican candidates and officials who have faced repercussions for embracing former President Donald Trump’s baseless claims of widespread voter fraud. In Arizona alone, a slate of far-right election deniers—including Finchem, GOP gubernatorial candidate Kari Lake, Senate candidate Blake Masters, and attorney general candidate Abraham Hamadeh—all lost their races in November to Democrats.

Across the country, state election officials and lawmakers have drafted legislation and taken other actions to fight election denialism and misinformation. In North Carolina last month, the State Board of Elections began proceedings that could end with the removal of a county election officer who had refused to certify the 2022 results even as he acknowledged the lack of evidence of irregularities.

Still, advocates say more pushback is crucial, because so many leading election deniers appear undaunted by their defeats in November. Despite losing the Arizona governor’s race with a campaign message focused heavily on false claims of election fraud, Lake is considering a bid for the U.S. Senate next year. In two political speeches in Iowa last month and a speech to a conservative forum last week, Lake continued her full-throated embrace of those claims.

Research contact: @washingtonpost

Special counsel Jack Smith slaps Rudy Giuliani with grand jury subpoena

January 11, 2023

Special counsel Jack Smith’s team has subpoenaed Donald Trump’s former attorney Rudy Giuliani—asking him to turn over records to a federal grand jury as part of an investigation into the former president’s fundraising following the 2020 election, reports CNN.

The subpoena, which was sent more than a month ago and has not been previously reported, requests documents from Giuliani about payments he received around the 2020 election, when Giuliani filed numerous lawsuits on Trump’s behalf contesting the election results, a person with knowledge of the situation told CNN.

Prosecutors also have subpoenaed other witnesses who are close to Trump, asking specifically for documents related to disbursements from the Save America PAC, Trump’s primary fundraising operation set up shortly after the 2020 election.

Taken together, the subpoenas demonstrate prosecutors’ growing interest in following the money after the 2020 election as part of their sweeping criminal probe around Trump’s efforts to overturn his loss of the presidency.

Save America was part of broader fundraising efforts by Trump and the Republican Party that raised more than $250 million after the election. Since then, the political action committee has compensated several lawyers who now represent Trump and his allies in January 6-related investigations.

The subpoenas to other witnesses in addition to Giuliani were sent in late December, according to other sources. The information that the prosecutors are seeking still is being collected, the sources said. With Giuliani, the investigators have prioritized getting financial information from him, one person said.

The inquiry to Giuliani came from David Rody, a former top prosecutor in New York who specializes in gang and conspiracy cases and is assisting Smith with examining a broader criminal conspiracy after the election, according to some of the sources.

In response to being informed of CNN’s reporting on Giuliani’s subpoena and asked for a statement, Ted Goodman, his adviser, said, “The mayor is unaware of the specific claims by this so-called ‘anonymous source,’ and therefore is not in position to respond.”

A spokesperson for the special counsel’s office declined to comment and a representative for Trump has not responded to a request for comment.

CNN previously reported that the Justice Department in September subpoenaed witnesses for financial details about the Save America PAC, and that a portion of Smith’s office would dig into possible financial and campaign contribution crimes. The Giuliani subpoena and other December subpoenas represent a new round of inquiry, now from Smith’s office, which took shape over the holidays.

After the election, Trump and the Republican National Committee raked in millions of dollars as they told supporters the election was being stolen, marketing the fundraising effort as election defense. At the time, some officials working on the fundraising effort knew that Joe Biden’s electoral win was legitimate, despite Trump’s insistence it was fraudulent, the House Select Committee found in its own investigation.

Giuliani is likely to be a central figure in any probe of Trump’s close political circles after the election. After serving as Trump’s private attorney during the Mueller investigation into Russian interference in the 2016 election, the former chief federal prosecutor and mayor of Manhattan dove into Trump’s attempts to claim electoral victory. He unsuccessfully argued a case before a federal judge in Pennsylvania—where Trump sought to throw out the popular vote—and connected with state lawmakers as he tried to convince them of election fraud.

In the weeks after the 2020 election, Giuliani also held freewheeling press conferences, repeating allegations that he never could prove.

In addition to the financial inquiry, Smith’s office is pursuing possible criminal cases around the Trump campaign’s use of fake electors in battleground states; and the pressure on Congress and then-Vice President Mike Pence to overturn the election’s result. In all of those schemes, Giuliani was a central player.

In his House select committee testimony, Giuliani explained that his team working with Trump pivoted to focus on state legislatures that could block the election result after his attempts failed in the courts. The New York state bar suspended him from practicing law because of his 2020 election efforts, and he’s also facing an attorney discipline proceeding in Washington, DC.

He declined to answer some questions the House asked about his work for Trump after the election, citing attorney confidentiality. Giuliani could try to make similar claims in the federal investigation, although the Justice Department has legal mechanisms with which it can try to overcome witness refusals to answer questions.

Research contact: @CNN

Trump adviser Peter Navarro lays out how he and Bannon planned to overturn Biden’s electoral win

January 29, 2021

A former Trump White House official says he and right-wing provocateur Steve Bannon were actually behind the last-ditch coordinated effort by rogue Republicans in Congress to halt certification of the 2020 election results on January 6 and keep President Donald Trump in power earlier this year, in a plan dubbed the “Green Bay Sweep.”

In his recently published memoir—In Trump Time, published by All Seasons Press—Peter Navarro, then-President Donald Trump’s trade adviser, details how he stayed in close contact with Bannon as they put the Green Bay Sweep in motion with help from members of Congress loyal to the cause, reports The Daily Beast.

But in an interview last week with The Daily Beast, Navarro shed additional light on his role in the operation—and his and Bannon’s coordination with GOP politicians Representative Paul Gosar (Arizona) and Senator Ted Cruz (Texas).

“We spent a lot of time lining up over 100 congressmen, including some senators. It started out perfectly. At 1 p.m., Gosar and Cruz did exactly what was expected of them,” Navarro told The Daily Beast. “It was a perfect plan. And it all predicated on peace and calm on Capitol Hill. We didn’t even need any protestors, because we had over 100 congressmen committed to it.”

That commitment appeared as Congress was certifying the 2020 Electoral College votes reflecting that Joe Biden had trunced Trump. Senator Cruz signed off on Gosar’s official objection to counting Arizona’s electoral ballots—an effort that was supported by dozens of other Trump loyalists.

Staffers for Cruz and Gosar did not respond to requests for comment. Also, there’s no public indication whether the January 6 Committee has sought testimony or documents from Senator Cruz or Representative Gosar.

But the committee has only recently begun to seek evidence from fellow members of Congress who were involved in the general effort to keep Trump in the White House—including GOP Representatives Jim Jordan (Ohio) and  Scott Perry (Pennsylvania).

This last-minute maneuvering never had any chance of actually decertifying the election results on its own, a point that Navarro quickly acknowledges. But their hope was to run the clock as long as possible to increase public pressure on then-Vice President Mike Pence to send the electoral votes back to six contested states, where Republican-led legislatures could try to overturn the results.

And in their minds, ramping up pressure on Pence would require media coverage. While most respected news organizations refused to regurgitate unproven conspiracy theories about widespread election fraud, this plan hoped to force journalists to cover the allegations by creating a historic delay to the certification process.

“The Green Bay Sweep was very well thought out. It was designed to get us 24 hours of televised hearings,” he said. “But we thought that we could bypass the corporate media by getting this stuff televised.”

Navarro’s part in this ploy was to provide the raw materials, he said in an interview on Thursday. That came in the form of a three-part White House report he put together during his final weeks in the Trump administration with volume titles like, “The Immaculate Deception” and “The Art of the Steal.”

“My role was to provide the receipts for the 100 congressmen or so who would make their cases .… who could rely in part on the body of evidence I’d collected,” he told The Daily Beast. “To lay the legal predicate for the actions to be taken.” (Ultimately, states have not found any evidence of electoral fraud above the norm, which is exceedingly small.)

The next phase of the plan was up to Bannon, Navarro says. “Steve Bannon’s role was to figure out how to use this information—what he called ‘receipts’—to overturn the election result. That’s how Steve had come up with the Green Bay Sweep idea,” he wrote.

“The political and legal beauty of the strategy was this: By law, both the House of Representatives and the Senate must spend up to two hours of debate per state on each requested challenge. For the six battleground states, that would add up to as much as 24 hours of nationally televised hearings across the two chambers of Congress.”

His book also notes that Bannon was the first person he communicated with when he woke up at dawn on January 6, writing, “I check my messages and am pleased to see Steve Bannon has us fully ready to implement our Green Bay Sweep on Capitol Hill. Call the play. Run the play.”

The rest is history.

Research contact: @thedailybeast

Report: Trump campaign siphoned donor money to his debt-strapped businesses after election loss

February 10, 2021

New financial disclosures have raised myriad questions about the Trump campaign’s post-election spending following #45’s loss to President Joe Biden last November, Salon reports.

Based on campaign finance disclosures, Trump’s re-election campaign spent at least $81,000 in donor money on Trump’s businesses. In addition, the Trump joint fundraising committee—which split its donations with the Republican National Committee—spent another $331,000 in donor funds following the election, according to an analysis by Forbes.

Trump and Republicans plowed millions into his businesses during and after his time in office, Salon notes: All told, the campaign paid at least $2.8 million to the Trump Organization and the joint fundraising committee spent another $4.3 million on Trump’s businesses between January 20, 2017 and December 31, 2020.

Specifically, Salon notes, the joint committee spent more than $300,000 for space, lodging and catering at Trump’s hotel business in the wake of his election loss. The campaign also spent tens of thousands to rent space at Trump Tower after November 3.

The campaign and the joint committee each also separately paid more than $30,000 for air travel to DT Endeavor, a company believed to be owned by Trump.

Trump has as much as $1 billion in business debt that will soon come due. A New York Times investigation into years of his tax returns showed that he has reported hundreds of millions in losses in recent years.

The campaign also reported paying $6,037 to Arizona State Representative Mark Finchem, a Republican who pushed to overturn Trump’s electoral defeat in the state, the Arizona Republic first reported. Finchem, who is not a lawyer, was paid for “legal consulting” in a “recount” effort through a company he did not include in his most recent financial disclosure, according to the campaign’s filings.

Finchem told the Republic that the payment was for costs related to “crowd control and security” for a meeting he held with Trump attorney Rudy Giuliani at a hotel on Nov. 30 about unfounded claims of election-rigging.

He later promoted the Trump rally that preceded the deadly January 6 Capitol riot and was set to speak outside the Capitol that day, according to the Arizona Republic.

Finchem, who said he never got within 500 yards of the Capitol building, posted a photo of a mob of Trump supporters on the Capitol steps, writing that it is “what happens when the People feel they have been ignored, and Congress refuses to acknowledge rampant fraud.”

Now, Newsweek reports, Arizona legislators are considering expelling Finchem from office—claiming he violated his oath and undermined democracy by attending the rally and promoting unfounded allegations of election fraud.

State Representative César Chávez, a Phoenix Democrat, filed an ethics complaint last month, arguing that Finchem’s social media posts “demonstrate beyond any doubt that he was participated in the insurrection in Washington, D.C. and supported others in their efforts.”

The left-leaning watchdog group Accountable.US said the financial disclosure suggested that Trump was “paying state legislators” to join his “two-month crusade to try and stay in power.”

“Mark Finchem must explain this payment from the Trump campaign and how it influenced his official work as a legislator to try and overturn a free and fair election,” a spokesperson told the Arizona Republic.

Meanwhile, Salon reports, while the latest disclosures shed some light on the campaign’s post-election spending, Trump is still sitting on much of the cash he raised from supporters—ostensibly meant to fund his election legal challenges. Trump raised more than $170 million after the election, after bombarding supporters with fundraising appeals; but most of the money went to a fundraising committee he set up after his defeat rather than his legal efforts.

Research contact: @Salon