Grand jury hears how Trump tried to seize voting machines despite being told he lacked authority

The federal grand jury seated by special counsel Jack Smith has reportedly heard additional testimony from former Homeland Security officials about Donald Trump’s efforts to seize voting machines following the 2020 election. CNN reports that both former acting Homeland Security Secretary Chad Wolf and former Deputy Secretary Ken Cuccinelli testified that Trump went ahead with plans to seize the machines even though they repeatedly told him that he did not have this authority.

A report in January revealed that Trump had drafted at least two versions of an executive order in December 2021, directing the military to seize voting machines after discussions with convicted former national security advisor Michael Flynn and retired Col. Phil Waldron. Waldron was also the author of an extensive presentation in which he claimed that the voting machines had been tampered with by foreign governments. He urged Trump to declare a national emergency and use U.S. marshals and National Guard troops to manage a “secure” election. Trump and Waldron reportedly had multiple meetings with Trump and took his “how to overthrow democracy” slideshow around Washington, where it was played for Republican members of Congress, who were eager to participate.

The latest testimony apparently focused on Wolf and Cuccinelli telling the jury that Trump continued in these efforts even though they told him repeatedly he did not have the authority to seize the machines. Additional testimony on the subject came from former national security adviser Robert O’Brien, but this was reportedly given to investigators in a closed-door meeting, not to the jury.

All of this testimony shows that Smith’s investigation is focusing heavily on Trump’s efforts to overturn the election that extended beyond the specific scheme on Jan. 6.

As CBS notes, a federal appeals court ruled on Tuesday that Trump could not shield former staff members from testifying before the grand jury under claims of executive privilege. That ruling is likely to mean that Cuccinelli, Wolf, and O’Brien will spend more time with the grand jury. It will also mean that Mark Meadows and others who have previously avoided such testimony are likely out of options.

Much of this testimony appears to be new information not heard in either Trump’s impeachment trial or previous investigations.

The House Select Committee did have one of the drafts of Trump’s executive order, one that ordered the Department of Defense to take charge of the voting machines. That order contained a vast collection of improbable and unsupportable claims, including that the voting machines had been altered by “a massive cyber-attack by foreign interests,” that the machines “intentionally generated high number of errors,” and that voter databases could not be trusted because they had been “hacked by Iran.” It also leans heavily on a “forensic analysis,” which actually confused counties in Michigan and Minnesota. The order ended by instructing officials to take seven steps, starting with:

“Effective immediately, the Secretary of Defense shall seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records...”

That the jury is hearing this testimony means that Smith is interpreting his writ beyond the narrow confines of just how Trump’s actions contributed to violence on Jan. 6 but all the ways that Trump sought to undermine the election. It’s also unlikely that the jury would be hearing this testimony unless Smith thought there was a good possibility that it would support criminal charges.

Now that the appeals court has removed another layer of doubt around whether or not Trump could halt some testimony—no, he can’t—Cipollone and O’Brien are also likely to be asked about an infamous Oval Office meeting in mid-December. That was the “rancorous meeting” at which Trump, Flynn, attorney Sidney Powell, and others launched so deeply into sedition that even Mark Meadows reportedly turned away. Cipollone and O’Brien were reportedly first-hand witnesses to that event.

Between Waldron’s military coup presentation, attorney John Eastman’s plan for declaring Trump the winner on Jan. 6, the Jeffrey Clark plan to replace the attorney general and declare the vote invalid in several states, the scheme laid out for Pence to simply ignore the vote in seven states, and straight out calls for violence and threats on Jan. 6, Trump tested the waters on just about every illegal option he could use to make himself dictator. Smith has plenty to look at. 

All that came after every possible legal remedy, including requests for recounts, were rejected, and it’s not even considering the efforts Trump made in deliberately leaning on local officials in Georgia.

If a federal grand jury is hearing testimony, it’s because Jack Smith thinks they need to hear it. They’re likely to hear a lot more.

Cartoon: ‘EZ-Leave!’ To Show You Care

Now that President Trump has become the first president in the history of the United States to be impeached twice, more of his Republican allies will no doubt slink away. Resignations have already been piling up from the cabinet level on down since Trump incited a violent mob to attack the U.S. Capitol building.

Betsy DeVos, Elaine Chao and Mick Mulvaney, among others, have just had it up to here with this president. Why, some switch must have flipped and made Trump a madman, right? (Mulvaney even said that today’s Trump is not the one he knew eight months ago.)

I’m happy complicit Republicans are finally trying to un-complicit themselves, I just wish they had found their spines when Trump tried to get Ukraine’s president to dig up dirt on Joe Biden or when the administration separated thousands of children from their families or right after the “both sides” comment about Charlottesville or . . .

Enjoy the cartoon, cross your fingers for an impeachment conviction and visit me over on my Patreon pages if you can help support my work — and get behind-the-scenes goodies for yourself!

Things in Portland were getting better, until Trump made them worse … deliberately

In the last two weeks, Donald Trump has repeatedly claimed that there are “many, many people in jail right now—many, many people in jail, all over the country” for attempting to topple Confederate statues. And then there was the sequence from Trump’s appearance on Thursday, in which he promised, “many exciting things … Things that nobody has even contemplated, thought about, thought possible, and things that we’re going to get done … we can honestly say nobody has ever going to see eight weeks like we’re going to have.” He continued, “We’re going to get things done that they’ve wanted to see done for a long, long time.”

Trump did not say who “they” were, but it’s not hard to guess what the things are. Because a day earlier, Trump made it clear that one of the “detailed” and “thoughtful” things he has planned for next week is a federal takeover of multiple cities from “the left-wing group of people” that voters have elected as governors, mayors, and other local leaders. “Next week, we’re going to have, I think, a very exciting news conference because we’re going to be talking about some of these cities that — where the Democrats running them have just lost control of the cities. So that’ll be very interesting.”

Interesting … may not be the right word.

On Saturday morning, it did seem as if the national media had finally noticed that Portland, Oregon exists. Video of Portland Mayor Ted Wheeler demanding the removal of uninvited federal troops from his city’s streets appeared on multiple broadcasts, as did video of those unidentified federal forces kidnapping people off the street and forcing them into unmarked vans

The New York Times has detailed the last fifty days of protests and unrest in Portland. The article does a good job explaining the many steps between the protests against police violence and systemic racism that grew in the wake of the police murder of George Floyd, and how those protests eventually led to unarmed protesters being shot in the face by federal officers. That story includes a spiral of protest actions, over-response from police, escalation of tensions, and events such as a July 4th exchange with protesters directing fireworks toward the federal courthouse while police returned a hail of rubber-coated bullets, pepper balls and tear gas … for three hours.

But the biggest takeaway of “how did we get here” when it comes to unidentified men in camo dragging people into vans, or blasting them in the face, is simple: Donald Trump wants it that way.

A year ago, it might have seemed possible that Donald Trump could be reelected, based on the complacency of a white America willing to overlook—or reward—three years of racism and corruption in exchange for an extra nickle on their paychecks and the satisfaction of knowing they had a leader who was making white supremacy fashionable again. But with COVID-19 revealing just how impossibly weak Donald Trump’s leadership really is, and coming off a year in which Trump’s impeachment brought a cascade of testimony to his pettiness and insecurity, any concept that Trump might hold onto power in anything resembling a normal election is out the window.

If the American people can go to the polls, or even better, mail in a ballot, to select their choice in November, Trump will lose in all but a handful of the most blood red states. In fact, his slide over the last month has been so precipitous, it’s hard to predict that any state is unthinkable in the fall.

Trump knows this. In response, he’s going with what has always worked for him in the past—racism, the shock doctrine, and fear. Trump intends to sell his followers on a vision of America where Democratic states and cities are not just less important than red states, but a threat to real Americans. A threat that must be dealt with. What’s going on in Portland right now is the prototype for Trump’s America

As the Times article—and the mayor, and the governor, and everyone on the scene—makes clear, the presence of federal forces in Portland has greatly escalated the violence and tension in the city. It’s only since these forces appeared on the scene that “it’s gotten really brutal.” That’s because the federal forces have no respect for the usual tension and back-and-forth that exists between protesters, even the most peaceful protesters, and police. Here’s a scene in downtown Portland from a week ago.

Last Saturday, the crowd was 100 or so. It was very chill—nothing going on beyond the now-normal occupation of the Justice Center. And feds came out grabbing people seemingly at random and beating people with sticks. There was the kid who got shot in the head and his skull was fractured. 

The federal forces didn’t just shoot an unarmed student in the head. They shot the relationship between the police and the protesters. They blew away an already tentative sense of cause and effect. They made it clear that there are no rules. Anyone could be hurt at any time for any thing. Or nothing.

This is not accidental. In both the protests in Washington D. C. and what’s going on in Portland, the forces sent in by Trump, Attorney General William Barr, and acting Director of Homeland Security Chad Wolf are people completely untrained in dealing with either public demonstrations or even normal law enforcement. These are ass-kickers, and they’ve been sent in to kick ass. 

They are not there to make things better. They are very, very much there to make things worse.

And they’re being successful. Early on in the sequence of protests in Portland, a man called “Legend” started providing free food to protesters. His efforts got him tear gassed, but the community response ended up allowing him to create an always-open spot where anyone—protester, homeless, or just hungry—could come in for a free plate of food. The community rallied around him, local merchants provided supplies, voluntary contributions covered all the costs. Other services grew up around “Riot Ribs,” including free medical care, and even help in finding jobs and homes for those on the streets. But after the federal forces smashed the unspoken agreement between the police and protesters, the location was stormed, Legend and everyone else involved was driven away or arrested, and all the donated food was confiscated. A fence was put up to make sure no one could come back. The relationship between the police and protesters went way down. The chance of violence … through the roof.

This is exactly the kind of outcome Trump is going for. It does Trump no good to have people sitting around sharing food, helping their community, and  planning for the future. He needs there to be violence. So he, and Barr, and Wolf, are creating it. They have no intention on stopping with Portland. The United States is currently undergoing the greatest crisis it has faced in a century. At the same time, it is wrestling with the greatest reconsideration of Civil Rights in half a century. Trump has no interest in dealing with the former, and nothing but distaste for the later. He’s creating a crisis on top of crisis on top of a crisis because … racism and fear. In the end, it’s all he ever brought to the game.

Fox News and right wing sources are already selling their audience on a vision of America in which blue states and cities are in “anarchy” and where violence “demands” a federal presence. It fits exactly with their claims that had the gun-waving couple in St. Louis not directed a military weapon at passing protesters, they would have been “murdered” and their house “would be ashes.” They mean to make violence not just understandable, but inevitable.

Trump means to send federal forces to Chicago, and Seattle, and anywhere else he can think of, explicitly to insert the chaos and violence that justifies taking even more federal control. And it would not be too much to believe that action is headed toward something very like a declaration of martial law, or a federalization of police forces.

However, there is one thing that can slow Trump’s action: Visibility. The right wing has been getting a stream of “antifa violence” fed to them 24/7 since the George Floyd protests began. They’re plenty ready for Trump to crack some skulls and shoot some protesters. What happened to John Lewis on that bridge in Selma may have shocked the nation, but Trump supporters are eagerly waiting to see that kind of bloodshed on their screens. Every note of racism and fear has been played to not just make them want it, but feel like they need it.

There has to be more visibility for everyone else. A momentary blip on the news 50 days into protests and over a week after federal forces blew apart the situation, is far from enough. What’s happening in Portland needs to be elevated not just because it’s frightening, and a huge threat to America, but because when it’s seen up close, the intention is also obvious, crude, and even more than a little ludicrous

Mayor Wheeler has forcefully renewed his call for the withdrawal of federal forces. Oregon Governor Kate Brown has made it clear that Trump is “looking for a confrontation” in hopes of turning violence in Portland into votes in Ohio or Michigan. Even the U. S. Attorney for the District of Oregon has called for an investigation into an action that his boss has played a major role in organizing (So don’t be surprised to hear about another U. S. attorney “resigning”). 

But the most important thing at the moment may be to elevate the videos and reports from those on the ground. To join in saying that this is unacceptable. And to make it clear to Donald Trump that you see what he is doing.

We�re fighting to save our democracy � in Portland and nationwide. And we�re just getting started.https://t.co/LdhRXKw5IY

— ACLU (@ACLU) July 18, 2020

�Usually when we see people in unmarked cars forcibly grab someone off the street we call it kidnapping� https://t.co/6GvqjkOANC

— Jonathan Lemire (@JonLemire) July 18, 2020

Unidentified stormtroopers. Unmarked cars. Kidnapping protesters and causing severe injuries in response to graffiti. These are not the actions of a democratic republic.@DHSgov�s actions in Portland undermine its mission. Trump & his stormtroopers must be stopped.

— Nancy Pelosi (@SpeakerPelosi) July 18, 2020

Trump is purging those ‘insufficiently loyal’ just when America needs competence more than anything

At a time when the United States is facing an international crisis that demands cooperation, coordination, and above all the best possible information, Donald Trump is continuing to gut America’s intelligence agencies of experience and skill. Since his impeachment, Trump has accelerated his purge of the judiciary and intelligence to sweep them clear of anyone who isn’t found sufficiently loyal to Trump, meaning willing to ignore the truth and dismiss national interest to support Trump’s personal goals.

Replacing the acting director of national intelligence with Richard Grenell—a man whose entire skill set consists of joining Trump to tweet his disdain for allied nations and democratic leaders while praising authoritarian dictators and encouraging racism—is far from the final step. Trump is determined to make the intelligence services his personal tool, and if that means destroying their value to the nation … he’s more than okay with that.

According to Politico, Grenell is only the start, as Trump “tightens his grip” on the intelligence community. The idea that a phrase like “purge of career officials and political appointees deemed insufficiently loyal” is now used not as a dig, but as a factual description of exactly what is happening in the U.S. government, should be shocking.

Before his election, and even after it, many pundits looked on the way Trump was insulting the FBI, the CIA, and other agencies and confidently smirked that he was making very dangerous enemies. “You don’t want to pick a fight with those guys,” was an oft-repeated refrain. After all, the intelligence community has the intelligence, along with the tools to gather more. They know where all the skeletons are buried.

What no one seems to have accounted for is that the intelligence community could come forth with armloads of moldy bones and dump them on the table of a Justice Department that was actively engaged in a cover-up on behalf of Trump. And behind them was a Republican Senate that had already abandoned every principle except support of Trump. And behind them was a MAGA crowd that genuinely liked the idea that its champion bully-boy could tell law enforcement where to stick it.

And so he is. Acting director of national intelligence Joseph Magquire was fired because someone two tiers down the totem pole dared to give the House Intelligence Committee an accurate briefing on election interference. Republicans protested, because accurate information is so 2016. Someone in intelligence hadn’t gotten the word that everyone from the EPA to the Treasury Department was only there to provide information that boosted Trump, whether it was real or not. Now Maguire is out, and everyone else has definitely gotten the message.

As he has against the media, Trump has waged a constant war against the intelligence community, demeaning their value, diminishing their credibility, and insulting their … well, intelligence, even when he was theoretically responsible for their work. The Republican vote in the Senate to dismiss clear charges of abuse and obstruction against Trump in his impeachment trial was the final signal  that anything the intelligence communities might surface against Trump from now until doomsday would have all the impact of hurling feathers against a stone. For Trump and his supporters, the idea that the intelligence community is a threat is laughable … because that assumes that facts matter. They clearly don’t.

Trump’s intelligence community remake isn’t an effort to prevent the agencies from surfacing any information that might be inconvenient to Trump. That threat is over. Instead, the purpose of Trump’s remake is to genuinely boost the agencies’ value—as weapons against Trump’s enemies.

Just as Attorney General William Barr is all-in on using the Justice Department to assist Trump’s friends and assault his political opponents, a revised intelligence community provides ample opportunity to turn what were conspiracy theories lurking at the end of Breitbart and Q-ville into charges that are levied by men in appropriately dark suits against those on the enemies list.

The cost to the nation is just scenes like acting Homeland Security Secretary Chad Wolf bumbling through a briefing on coronavirus in which Louisiana Republican Sen. John Kennedy kept showing that he knew the facts infinitely better than the supposed expert in charge of keeping the nation safe. Look back on that last sentence in wonder … and fear. Wolf wasn’t hired for his knowledge. He was hired for his demonstrated skill in lying, even when his lying was obvious.

Trump already has his Cheka. Now he needs his KGB. Only even the KGB had some respect for competence.