“GOP recruits poll monitors from suburban areas to monitor the vote in Democratic cities”

NBC News:

Republicans have made suburban areas a recruiting ground for their army of Election Day poll monitors, with plans to deploy some into urban, Democratic epicenters that have remained the focus of conservatives’ erroneous claims of voter fraud.

The strategy has the potential to be uniquely disruptive to voters and election staff this fall, nonpartisan elections experts say, given that the volunteers would be dispatched to monitor areas with different political and demographic makeups than their own — and potentially different protocols for casting and counting ballots.

“In addition to voter intimidation risks, I think that the strategy also poses the potential to be just disruptive to the election process in general,” said Jonathan Diaz, the director of voting advocacy at the nonpartisan Campaign Legal Center.

Share this:

“Supreme Court Ruling Reflects Challenges of Jan. 6 Prosecutions”

Alan Feuer NYT analysis:

The Supreme Court’s decision on Friday that prosecutors had misused an obstruction law in charging hundreds of rioters who attacked the Capitol is the latest example of the persistent challenges the Justice Department has faced in grappling with the consequences of Jan. 6, 2021.

By and large, the department has succeeded over the past three years in moving against members of the pro-Trump mob who sought to disrupt the certification of President Biden’s victory on Jan. 6, and in winning convictions on seditious conspiracy charges against members of two far-right groups that were instrumental in stoking the violence that day, the Proud Boys and the Oath Keepers.

But lacking any established legal blueprint for addressing an assault on the foundations of democracy, prosecutors sometimes got creative with the law. And that has left them vulnerable to second-guessing by the courts on how they have pursued criminal cases both against the rioters and against former President Donald J. Trump, and contributing to a long series of challenges and delays.

The court’s new ruling on the obstruction law will hardly cripple the Justice Department’s ability to go after the rioters, but it will constrain prosecutors by restricting the use of an important tool they have relied on to seek accountability against the most disruptive members of the mob….

Share this:

“Allegations of Democratic Voter fraud and Support for Political Violence Among Republicans”

James A. Piazza in American Politics Research:

Are partisans more likely to endorse political violence when politicians accuse their rivals of election improprieties? I theorize that for Republican partisans in the United States, the answer to this question is yes. Republican partisans are primed to believe allegations of cheating by Democrats and view election improprieties through the lens of racial and xenophobic resentments. Allegations of Democratic election fraud prompt them to eschew nonviolent norms of political behavior and endorse political violence. I test these propositions using an original, online survey experiment involving 140 self-identified Republican subjects. I find that exposure to allegations by politicians that Democrats engage in election fraud prompts Republican partisans to increase their support for political violence. Furthermore, using mediation tests, I find that exposing Republicans to allegations of electoral fraud by Democrats reduces their trust of people of different races and religions which, in turn, increases their support for political violence.

Share this:

“Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case”

NYT:

Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the case, siding with a member of the mob that stormed the Capitol on Jan. 6, 2021.

Experts in legal ethics have said that the activities of the justices’ wives raised serious questions about their impartiality.

Virginia Thomas, known as Ginny, helped shape the effort to overturn the 2020 election. “Biden and the Left is attempting the greatest Heist of our History,” Ms. Thomas wrote in a text message to Mark Meadows, President Donald J. Trump’s chief of staff, during the fraught weeks between the 2020 presidential election and the Jan. 6 attack.

Justice Thomas has not given a public explanation for remaining on the case, and he has taken part in other cases arising from the election and the 2021 attack. But he recused himself in October from a case concerning John Eastman, a conservative lawyer who had advised Mr. Trump. Justice Thomas, for whom Mr. Eastman had served as a law clerk, gave no reasons for his decision to disqualify himself from that case.

Justice Alito has been more forthcoming. He explained why he would not recuse from the case in a letter to Democratic lawmakers in May after The New York Times reported that flags that have been used to support the “Stop the Steal” movement had been displayed at his homes in Virginia and New Jersey.

The justice said his wife, Martha-Ann, was responsible. “My wife is fond of flying flags,” he wrote. “I am not. She was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years.”…

Share this:

Breaking: Plaintiffs, Likely Fearing the Supreme Court Will Make Things Worse, Decline to Seek Supreme Court Review of Eighth Circuit Case Holding There’s No Right For Private Parties to Sue Under Section 2 of Voting Rights Act

With today’s deadline, I have learned there will be no cert petition filed. This is a case from the Eighth Circuit that is wrong on the text of the Voting Rights Act, wrong on its history, and wrong on… Continue reading

Supreme Court Hands January 6 Rioters a Win in Fischer Case, But It Likely Won’t Help Trump Beat Similar Charges Against Him (Should He Ever Go To Trial on Election Interference)

The key holding in Fischer v. United States is to read the obstruction statute so that “the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as… Continue reading