Category Archives: chicanery

Must-read NYT Deep Dive that Helps Explain SCOTUS Argument Monday in Murthy v. Missouri: “How Trump’s Allies Are Winning the War Over Disinformation”

It’s a complex story because concern about government jawboning is real but the mendacious attack on those who fought disinformation in the 2020 election is having major reverberations for 2024. Jim Rutenberg and Steven Lee Myers lay it all out:

In the wake of the riot on Capitol Hill on Jan. 6, 2021, a groundswell built in Washington to rein in the onslaught of lies that had fueled the assault on the peaceful transfer of power.

Social media companies suspended Donald J. Trump, then the president, and many of his allies from the platforms they had used to spread misinformation about his defeat and whip up the attempt to overturn it. The Biden administration, Democrats in Congress and even some Republicans sought to do more to hold the companies accountable. Academic researchers wrestled with how to strengthen efforts to monitor false posts.

Mr. Trump and his allies embarked instead on a counteroffensive, a coordinated effort to block what they viewed as a dangerous effort to censor conservatives.

They have unquestionably prevailed.

Waged in the courts, in Congress and in the seething precincts of the internet, that effort has eviscerated attempts to shield elections from disinformation in the social media era. It tapped into — and then, critics say, twisted — the fierce debate over free speech and the government’s role in policing content.

Projects that were once bipartisan, including one started by the Trump administration, have been recast as deep-state conspiracies to rig elections. Facing legal and political blowback, the Biden administration has largely abandoned moves that might be construed as stifling political speech.

While little noticed by most Americans, the effort has helped cut a path for Mr. Trump’s attempt to recapture the presidency. Disinformation about elections is once again coursing through news feeds, aiding Mr. Trump as he fuels his comeback with falsehoods about the 2020 election.

“The censorship cartel must be dismantled and destroyed, and it must happen immediately,” he thundered at the start of his 2024 campaign.

The counteroffensive was led by former Trump aides and allies who had also pushed to overturn the 2020 election. They include Stephen Miller, the White House policy adviser; the attorneys general of Missouri and Louisiana, both Republicans; and lawmakers in Congress like Representative Jim Jordan, Republican of Ohio, who since last year has led a House subcommittee to investigate what it calls “the weaponization of government.”

Those involved draw financial support from conservative donors who have backed groups that promoted lies about voting in 2020. They have worked alongside an eclectic cast of characters, including Elon Musk, the billionaire who bought Twitter and vowed to make it a bastion of free speech, and Mike Benz, a former Trump administration official who previously produced content for a social media account that trafficked in posts about “white ethnic displacement.” (More recently, Mr. Benz originated the false assertion that Taylor Swift was a “psychological operation” asset for the Pentagon.)

Three years after Mr. Trump’s posts about rigged voting machines and stuffed ballot boxes went viral, he and his allies have achieved a stunning reversal of online fortune. Social media platforms now provide fewer checks against the intentional spread of lies about elections.

“The people that benefit from the spread of disinformation have effectively silenced many of the people that would try to call them out,” said Kate Starbird, a professor at the University of Washington whose research on disinformation made her a target of the effort.

It took aim at a patchwork of systems, started in Mr. Trump’s administration, that were intended to protect U.S. democracy from foreign interference. As those systems evolved to address domestic sources of misinformation, federal officials and private researchers began urging social media companies to do more to enforce their policies against harmful content.

That work has led to some of the most important First Amendment cases of the internet age, including one to be argued on Monday at the Supreme Court. That lawsuit, filed by the attorneys general of Missouri and Louisiana, accuses federal officials of colluding with or coercing the platforms to censor content critical of the government. The court’s decision, expected by June, could curtail the government’s latitude in monitoring content online.

The arguments strike at the heart of an unsettled question in modern American political life: In a world of unlimited online communications, in which anyone can reach huge numbers of people with unverified and false information, where is the line between protecting democracy and trampling on the right to free speech?…

See also  “Supreme Court Case Could Be Disastrous for Detecting Election Misinformation,” a piece published yesterday by Lawrence Norden and Gowri Ramachandran of the Brennan Center and listen to Gowri on the Amicus podcast.

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Quote of the Day

“They should be getting insurance. They should be filing lawsuits, and getting injunctions in place to make sure that all the state legislatures, election rules are being followed strictly. And that they’re not being waived because of COVID or Chinese flu or Chinese pneumonia or whatever the next bullshit pandemic is going to be.”

Mike Davis, a former law clerk for Supreme Court Justice Neil Gorsuch and founder of the Article 3 Project, to the Daily Caller, on efforts Republicans should make in courts before the 2024 elections.

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“Race is an ever present source of tension in Trump Georgia case”

Amy Gardner for WaPo:

In the weeks that followed, the racist messages to Willis — some of them anonymous and difficult to trace — ramped up significantly in volume and tone, according to a sampling of them obtained by The Washington Post.

Willis received an email with her picture in it and the words, “You god damn N—–.” Another email shows her face imposed on a gallows. Another note, this one handwritten, says, “What? Some crackers have been b——’ about you putting that black buck of yours on the payroll? What’s their business? Don’t they now that’s the way n—— function?” The note ends with the phrase, “SLAVERY FOREVER.”

Willis said during a live interview at The Post last fall, “In the last three years I’ve been called the n-word so many times, I couldn’t even think to count how many.”

Now, the probing of Willis’s private life has unleashed a new round of bigoted attacks perpetuating ugly sexual stereotypes about Black men and women.

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“Democrats Meddle in Ohio G.O.P. Senate Primary, Pushing Trump’s Choice”

NYT:

A Democratic group is wading into the Republican Senate primary in Ohio with a new television spot aimed at promoting the conservative credentials of Bernie Moreno, a Cleveland-area businessman who has been endorsed by former President Donald J. Trump.

The spot criticizes Mr. Moreno as ultraconservative and too aligned with Mr. Trump. But by running the ad in the final week of the primary, those critiques are likely to be viewed as badges of honor by Republican primary voters, a tactic Democrats have employed in other races in recent years.

A group called Duty and Country is spending roughly $879,000 on the ad, which is set to run across the state, according to AdImpact, a firm that tracks advertising.

The group is funded largely through the Senate Majority PAC, the principal super PAC supporting Democratic efforts to maintain control of the chamber.

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“The Chinese government is using TikTok to meddle in elections, ODNI says”

Politico:

The Chinese government is using TikTok to expand its global influence operations to promote pro-China narratives and undermine U.S. democracy, according to a report released today from the Office of the Director of National Intelligence.

The annual assessment from ODNI outlines national security threats facing the U.S. in the coming year, and warns that China may attempt to influence this year’s elections through online influence and disinformation campaigns.

ODNI alleges that “TikTok accounts run by a PRC propaganda arm reportedly targeted candidates from both political parties during the U.S. midterm election cycle in 2022,” and that “China is demonstrating a higher degree of sophistication in its influence activity, including experimenting with generative AI.”

The report’s release comes as lawmakers are increasingly concerned about national security threats that TikTok poses. House lawmakers are expected to vote Wednesday on a bill that would force Beijing-based ByteDance to sell TikTok — or it would face a ban from U.S. app stores.

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“America’s election chiefs are worried AI is coming for them”

Zach Montellaro for Politico:

A false call from a secretary of state telling poll workers they aren’t needed on Election Day. A fake video of a state election director shredding ballots before they’re counted. An email sent to a county election official trying to phish logins to its voter database.

Election officials worry that the rise of generative AI makes this kind of attack on the democratic process even easier ahead of the November election — and they’re looking for ways to combat it.

Election workers are uniquely vulnerable targets: They’re obscure enough that nobody knows who they really are, so unlike a fake of a more prominent figure — like Joe Biden or Donald Trump — people may not be on the lookout for something that seems off. At the same time, they’re important enough to fake and just public enough that it’d be easy to do.

Combine that with the fact that election officials are still broadly trusted by most Americans — but don’t have a way to effectively reach their voters — a well-executed fake of them could be highly dangerous but hard to counter.

“I 100 percent expect it to happen this cycle,” New Mexico Secretary of State Maggie Toulouse Oliver said of deepfake videos or other disinformation being spread about elections. “It is going to be prevalent in election communications this year.”

Secretaries of state gathered at the National Association of Secretaries of State winter meeting last month told POLITICO they have already begun working AI scenarios into their trainings with local officials, and that the potential dangers of AI-fueled misinformation will be featured in communication plans with voters.

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“Prosecutors Charge Man With Firing Shots Outside the Capitol on Jan. 6”

NYT:

A Trump supporter who prosecutors say fired a pistol into the air on the grounds of the Capitol as a mob stormed the building on Jan. 6, 2021, was charged on Friday with firearm offenses, trespassing and interfering with law enforcement officers during a civil disorder.

The man, John Banuelos, fired at least two shots into the air while standing above the crowd on scaffolding on the west side of the Capitol, according to a criminal complaint unsealed in Federal District Court in Washington. It does not appear that Mr. Banuelos entered the Capitol. But before the shots were fired, prosecutors say, he posed for a photo wearing a “Trump 2020” cowboy hat and showing off a pistol tucked into his waistband.

One of the most persistent lies about the Capitol attack — often made by Republican politicians and right-wing media figures — is that none of the hundreds of rioters who stormed the building had guns. On Thursday night, former President Donald J. Trump repeated the false claim on social media while responding to remarks about Jan. 6 that President Biden had made during his State of the Union address.

“The so-called ‘Insurrectionists’ that he talks about had no guns,” Mr. Trump wrote. “They only had a Rigged Election.”

But the Justice Department’s sprawling investigation of Jan. 6 has revealed that several people at the Capitol were carrying firearms that day. Altogether, more than 1,300 rioters have been charged in connection with the attack and arrests continue almost daily.

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“Mark Harris is GOP’s 8th District nominee six years after election fraud prompted do-over”

Charlotte Observer:

Mark Harris on Tuesday won the Republican nomination in North Carolina’s 8th Congressional District six years after a ballot-harvesting scandal resulted in an election do-over….

Political operative McCrae Dowless, who worked for Harris in his campaign for NC’s 9th Congressional District in 2018, was awaiting a trial on charges of illegal ballot handling, conspiracy and obstruction of justice in relation to the scandal when he died in 2022. The State Board of Elections voted 5-0 in favor of a new election after Harris dropped his bid and called for a new election, the Associated Press reported in 2019. Bishop won that election re-do.

But in Harris’ candidate announcement last year he took aim at what he called the “manufactured scandal” that ended with the State Board of Elections “not certifying our victory in 2018.”

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Must-read NYT: “Trump’s Allies Ramp Up Campaign Targeting Voter Rolls”

NYT:

A network of right-wing activists and allies of Donald J. Trump is quietly challenging thousands of voter registrations in critical presidential battleground states, an all-but-unnoticed effort that could have an impact in a close or contentious election.

Calling themselves election investigators, the activists have pressed local officials in Michigan, Nevada and Georgia to drop voters from the rolls en masse. They have at times targeted Democratic areas, relying on new data programs and novel legal theories to justify their push.

In one Michigan town, more than 100 voters were removed after an activist lobbied officials, citing an obscure state law from the 1950s. In the Detroit suburb of Waterford, a clerk removed 1,000 people from the rolls in response to a similar request. The ousted voters included an active-duty Air Force officer who was wrongly removed and later reinstated.

The purge in Waterford went unnoticed by state election officials until The New York Times discovered it. The Michigan secretary of state’s office has since told the clerk to reinstate the voters, saying the removals did not follow the process laid out in state and federal law, and issued a warning to the state’s 1,600 clerks.

The Michigan activists are part of an expansive web of grass-roots groups that formed after Mr. Trump’s attempt to overturn his defeat in 2020. The groups have made mass voter challenges a top priority this election year, spurred on by a former Trump lawyer, Cleta Mitchell, and True the Vote, a vote-monitoring group with a long history of spreading misinformation.

Their mission, they say, is to maintain accurate voting records and remove voters who have moved to another jurisdiction. Democrats, they claim, use these “excess registrations” to stuff ballot boxes and steal elections.

The theory has no grounding in factInvestigations into voter fraud have found that it is exceedingly rare and that when it occurs, it is typically isolated or even accidental. Election officials say that there is no reason to think that the systems in place for keeping voter lists up-to-date are failing.

The bigger risk, they note, is disenfranchising voters….

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“The US is bracing for complex, fast-moving threats to elections this year, FBI director warns”

AP:

The United States expects to face fast-moving threats to American elections this year as artificial intelligence and other technological advances have made interference and meddling easier than before, FBI Director Christopher Wray said Thursday.

“The U.S. has confronted foreign malign influence threats in the past,” Wray told a national security conference. “But this election cycle, the U.S. will face more adversaries, moving at a faster pace, and enabled by new technology.”

Wray singled out advances in generative AI, which he said had made it “easier for both more and less-sophisticated foreign adversaries to engage in malign influence.”

The remarks underscored escalating U.S. government concerns over sometimes hard-to-detect influence operations that are designed to shape public opinion. Though officials have not cited successful efforts by foreign governments to directly alter election results, they have sounded the alarms over the past decade about foreign influence campaigns….

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“Law School clinic files brief to combat intentionally false statements about voting”

Yale Daily News:

Yale Law School’s Media Freedom and Information Access Clinic filed an amicus brief on Feb. 12 in United States v. Mackey, a case currently at the Second Circuit Court of Appeals. The case involves an influential social media user convicted of attempting to convince voters to believe they could cast their votes through a false voting mechanic. 

The case centers on claims that Douglass Mackey, a social media influencer on X, formerly known as Twitter, made during the 2016 presidential election campaign. Mackey, who was known to his 58,800 followers as Ricky Vaughn, repeatedly tweeted false claims to supporters of former Secretary of State Hillary Clinton LAW ’73 that they could cast their ballots via text message in the weeks leading up to the election.

Mackey was convicted by a New York jury in March 2023, ordered to pay a $15,000 fine and charged with violating Section 241, which prohibits conspiring to “injure” individuals’ federal rights or privileges, including the right to vote. He was sentenced to seven months in prison and appealed his conviction to the Second Circuit.

The YLS Media Freedom and Information Access Clinic filed its amicus brief in collaboration with Protect Democracy, a nonpartisan anti-authoritarian organization, on behalf of election law expert and UCLA School of Law professor Richard Hasen. The brief argues that a Reconstruction-era civil rights law can be utilized to prosecute deliberate misinformation regarding voting procedures, while still upholding the First Amendment’s right to freedom of speech….

“I really appreciated the opportunity to work on this case because I think combating election disinformation is going to be key to preserving our democracy, this year and beyond,” Victoria Maras LAW ’25, an MFIA clinic member who worked on the brief, told the News. “As a former Field Organizer, I know how important it is to get the right information out to voters, and, by the same token, how harmful it can be when misinformation spreads.”

Maras said she was grateful that this brief can show how people who conspire to spread false election information can be held accountable without threatening First Amendment free speech rights.

Another MFIA clinic member, Ben Menke LAW ’25, told the News that delving into the history of Section 241, which was passed in 1870, led him to examine transcripts of debates in Congress during that time. Through this research, Menke said that he uncovered the motivations of the legislators who first enacted the law, as well as the legal opinions of the judges who applied Section 241 at the time.

“Our brief offers clarity on the proper way to construe Section 241, and we show that the law is consistent with the First Amendment,” Menke told the News. “Bad actors are finding it easier to spread knowingly false information to interfere with the right of the people to vote. Enforcing Section 241 is one way the federal government can respond to this threat.”

In a statement to the News, James Lawrence, Mackey’s attorney, said that their core argument in defense of Mackey is that he did not have fair notice, required by the Fifth Amendment, that his conduct violated “clearly established” law.

Lawrence claimed that the amicus brief uses a Supreme Court case about a different law to argue that a rarely used legal concept, not accepted in many state courts and never applied in New York, should be turned into a federal crime for misleading election information.

“If a team of federal prosecutors never came up with this convoluted argument after pursuing this case for more than three years … how could Douglass Mackey be expected to know his conduct violated Section 241 in 2016?” Lawrence wrote in the statement. 

The MFIA clinic declined to comment on Lawrence’s statement….

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