Eliana Willis

Good morning, US politics blog readers. The New York Times reported yesterday that a flag used by supporters of Donald Trump’s baseless claim of fraud in his 2020 election loss flew outside Samuel Alito’s house shortly before Joe Biden’s inauguration in 2021. The supreme court justice, who said the flag was displayed by his wife amid a dispute with a neighbor, is a conservative stalwart on the court, and authored the decision that two years ago overturned Roe v Wade and allowed states the ban abortion. The reactions to the news have been predictably partisan, with Republican senator Tom Cotton accusing the Times of trying to “incite another mob”, Minnesota’s Democratic governor Tim Walz describing flying the flag as “not normal” and Democratic senator Richard Blumenthal saying the court’s credibility “is plummeting”.The story was the latest in a string of reports that have emerged over the past year and raised questions about the supreme court’s ethics. While these stories have generated plenty of outrage, none of the justices involved have suffered any consequences, and the conservatives remain dominant on the court, with six seats against the liberals’ three. The court is poised to soon rule on whether Donald Trump is immune from prosecution over his attempt to overturn the 2020 election – a case that could have a major impact on his rematch with Joe Biden.Here’s what else is going on today:
The House oversight committee late yesterday advanced a resolution to hold attorney general Merrick Garland in contempt for not releasing a recording of Biden’s interview with a special counsel, but only after a shouting match between lawmakers.
Biden, who polls show has lost some of his support with Black voters, will speak at the National Museum of African American History and Culture at 11.45am ET, and then meet with leaders of Black fraternities and sororities together with Kamala Harris at 3.30pm.
White House press secretary Karine Jean-Pierre takes reporters’ questions at 1pm.
The Democratic chair of the Senate judiciary committee, Dick Durbin, is calling on Samuel Alito to recuse himself from cases concerning Donald Trump and the 2020 election after the New York Times reported that a flag supporting the ex-president’s false election fraud claims flew outside the supreme court justice’s residence.Here’s what Durbin had to say:
Flying an upside-down American flag – a symbol of the so-called ‘Stop the Steal’ movement – clearly creates the appearance of bias. Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6 insurrection, including the question of the former President’s immunity in US v Donald Trump, which the supreme court is currently considering.
The court is in an ethical crisis of its own making, and Justice Alito and the rest of the court should be doing everything in their power to regain public trust. This latest story is further proof that Congress needs to pass the SCERT Act to create an enforceable code of conduct for the supreme court. Supreme court justices should be held to the highest ethical standards, not the lowest.
The Scert Act would require the supreme court to adopt a code of conduct and create a mechanism to investigate violations. While the court adopted an ethics code last year, it lacks any mechanism for enforcement.Republicans are vehemently against any new regulations on the supreme court, and have the votes to prevent the Scert Act from passing the Senate.In other news, the House oversight committee last night advanced a resolution to hold the attorney general, Merrick Garland, in contempt after he refused to release audio of Joe Biden’s interview with Robert Hur, the special counsel who investigated his possession of classified documents. But the vote only took place after a messy verbal clash between lawmakers at opposite ends of the political spectrum, the Guardian’s Martin Pengelly reports:The two most famous sets of initials in US politics clashed in a chaotic House hearing on Thursday, as the progressive star Alexandria Ocasio-Cortez, or AOC, objected fiercely to an attack on another Democrat by the far-right Republican Marjorie Taylor Greene, or MTG.The oversight committee hearing concerned Republican attempts to hold the US attorney general, Merrick Garland, in contempt, for refusing to release tapes of interviews between Joe Biden and the special counsel Robert Hur.Things went wrong when MTG made a partisan point, trying to tie Democrats to the judge in Donald Trump’s criminal hush-money case – which, by drawing a number of Republicans to the New York courtroom to support Trump, was responsible for the hearing starting late in the day.In answer to MTG, Jasmine Crockett of Texas said: “Please tell me what that has to do with Merrick Garland … Do you know what we’re here for? You know we’re here about AG Garland?”In response to the New York Times’s reporting, Samuel Alito acknowledged that the flag was raised outside his house, but said it was due to a dispute with a neighbor:
I had no involvement whatsoever in the flying of the flag,” Justice Alito said in an emailed statement to The Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”
The Alitos live in Alexandria, Virginia, a pleasant city across the Potomac river from Washington DC, where some of their neighbors do not like them, the Times reports:
In recent years, the quiet sanctuary of his street, with residents who are Republicans and Democrats, has tensed with conflict, neighbors said. Around the 2020 election, a family on the block displayed an anti-Trump sign with an expletive. It apparently offended Mrs. Alito and led to an escalating clash between her and the family, according to interviews.
Some residents have also bridled at the noise and intrusion brought by protesters, who started showing up outside the Alito residence in 2022 after the Supreme Court overturned the federal right to abortion. Other neighbors have joined the demonstrators, whose intent was “to bring the protest to their personal lives because the decisions affect our personal lives,” said Heather-Ann Irons, who came to the street to protest.
The half-dozen neighbors who saw the flag, or knew of it, requested anonymity because they said they did not want to add to the contentiousness on the block and feared reprisal. Last Saturday, May 11, protesters returned to the street, waving flags of their own (“Don’t Tread on My Uterus”) and using a megaphone to broadcast expletives at Justice Alito, who was in Ohio giving a commencement address. Mrs. Alito appeared in a window, complaining to the Supreme Court security detail outside.
As you can see in the below tweet from the New York Times, the flag flown outside the conservative supreme court justice Samuel Alito’s house was simply an upside-down American flag:But as their story notes, flying the flag that way had, by early 2021, become a symbol of support for Donald Trump’s false claims that his loss in the November 2020 election had occurred due to fraud:
Turning the American flag upside down is a symbol of emergency and distress, first used as a military S.O.S., historians said in interviews. In recent decades, it has increasingly been used as a political protest symbol — a controversial one, because the flag code and military tradition require the paramount symbol of the United States to be treated with respect.
Over the years, upside-down flags have been displayed by both the right and the left as an outcry over a range of issues, including the Vietnam War, gun violence, the Supreme Court’s overturning of the constitutional right to abortion and, in particular, election results. In 2012, Tea Party followers inverted flags at their homes to signal disgust at the re-election of President Barack Obama. Four years later, some liberals advised doing the same after Mr. Trump was elected.
During Mr. Trump’s quest to win, and then subvert, the 2020 election, the gesture took off as never before, becoming “really established as a symbol of the ‘Stop the Steal’ campaign,” according to Alex Newhouse, a researcher at the University of Colorado Boulder.
A flood of social media posts exhorted Trump supporters to flip over their flags or purchase new ones to display upside down.
“If Jan. 6 rolls around and Biden is confirmed by the Electoral College our nation is in distress!!” a poster wrote on Patriots.win, a forum for Trump supporters, garnering over a thousand “up” votes. “If you cannot go to the DC rally then you must do your duty and show your support for our president by flying the flag upside down!!!!”
In an appearance on MSNBC this morning, Richard Blumenthal, a Democratic senator who serves on the judiciary committee, said the revelation that a pro-Trump flag flew outside Samuel Alito’s house further undermines the supreme court’s credibility.Polls indicate public approval of the supreme court has declined over the past two decades, which Blumenthal blames on the conflicts of interest that have developed among its conservative justices. He called on Chief Justice John Roberts to order Alito and Clarence Thomas, a fellow conservative whose wife was involved in efforts to stop Joe Biden from taking office, to recuse themselves:Blumenthal has been among the Democratic lawmakers that have pressured Roberts and the justices to tighten their ethics following reports of their connections with wealthy conservatives:The revelation that a flag used by supporters of Donald Trump’s baseless 2020 election fraud claims flew outside the house of Samuel Alito comes as the court is considering whether to give the ex-president immunity from the federal charges brought against him for his attempt to block Joe Biden from assuming office.In oral arguments in the case last month, the supreme court justice and other conservatives seemed partial to Trump’s claim that he should be immune from at least some of the charges, since they concern his conduct while acting in his official capacity as president. That raises the prospect of a decision that could have the net effect of further delaying his trial, potentially until after his November presidential election rematch against Biden.During the oral arguments, Alito, together with fellow conservative Brett Kavanaugh, seemed worried that future presidents could be affected by a denial of immunity to Trump. Here’s a recap of their viewpoint, from the Guardian’s Hugo Lowell:
Alito and Kavanaugh suggested they were particularly concerned about zealous prosecutors going after former presidents once they left office for “mistakes” if the supreme court decided that presidents had no immunity from criminal prosecution.
“It’s not going to stop, it’s going to cycle back and be used against the current president and the next president and the next president after that,” Kavanaugh said.
The government disputed that prosecutors could wantonly target former presidents, arguing there were checks and balances in the judicial system like the grand jury process.
Alito was dismissive of the grand jury suggestion, bringing up the adage that a grand jury could indict a “ham sandwich”. When Dreeben said prosecutors don’t charge people who don’t deserve it, Alito responded: “Every once in a while there’s an eclipse too.”
For more on the case, and how the supreme court’s decision could affect it, here’s our story from April:Good morning, US politics blog readers. The New York Times reported yesterday that a flag used by supporters of Donald Trump’s baseless claim of fraud in his 2020 election loss flew outside Samuel Alito’s house shortly before Joe Biden’s inauguration in 2021. The supreme court justice, who said the flag was displayed by his wife amid a dispute with a neighbor, is a conservative stalwart on the court, and authored the decision that two years ago overturned Roe v Wade and allowed states the ban abortion. The reactions to the news have been predictably partisan, with Republican senator Tom Cotton accusing the Times of trying to “incite another mob”, Minnesota’s Democratic governor Tim Walz describing flying the flag as “not normal” and Democratic senator Richard Blumenthal saying the court’s credibility “is plummeting”.The story was the latest in a string of reports that have emerged over the past year and raised questions about the supreme court’s ethics. While these stories have generated plenty of outrage, none of the justices involved have suffered any consequences, and the conservatives remain dominant on the court, with six seats against the liberals’ three. The court is poised to soon rule on whether Donald Trump is immune from prosecution over his attempt to overturn the 2020 election – a case that could have a major impact on his rematch with Joe Biden.Here’s what else is going on today:
The House oversight committee late yesterday advanced a resolution to hold attorney general Merrick Garland in contempt for not releasing a recording of Biden’s interview with a special counsel, but only after a shouting match between lawmakers.
Biden, who polls show has lost some of his support with Black voters, will speak at the National Museum of African American History and Culture at 11.45am ET, and then meet with leaders of Black fraternities and sororities together with Kamala Harris at 3.30pm.
White House press secretary Karine Jean-Pierre takes reporters’ questions at 1pm. More

An upside-down American flag was reportedly spotted flying outside the home of the conservative US supreme court justice Samuel Alito during the closing days of the 2020 election.The inverted flag is a symbol that has become associated with the former president Donald Trump’s false claims that Joe Biden stole the election.Used by some Trump supporters during the January 6 Capitol Hill riots, the upside-down flag was seen outside Alito’s home on 17 January 2021 – 10 days after the riots in DC and three days before Joe Biden’s inauguration, according to a report in the New York Times on Friday.The image of the flag outside Alito’s home is likely to renew fears of partisanship among political appointees on the conservative-leaning court. The court has found itself at the epicenter of US culture wars in recent years for the rulings it has made, including a rollback of reproductive rights and a relaxation of restrictions relating to gun ownership.According to the Times, word of the upside-down flag made its way back to the court as the justices were considering an election case related to ballot-counting in Pennsylvania. Alito, an appointee of George W Bush, was on the losing side of the decision.“I had no involvement whatsoever in the flying of the flag,” Alito said in a statement to the paper. “It was briefly placed by Mrs Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”Alito’s wife, Martha-Ann, had been in a dispute with a neighbor about an anti-Trump sign on their lawn. Neighbors said they interpreted the Alito family’s flag as a political statement, and one said it had hung outside the home for several days.On MSNBC, Joe Scarborough offered an impassioned take on the flag’s appearance at Alito’s home, telling viewers of his show on Friday morning: “For a guy who is a supreme court justice that let that happen at his own home in one of the most fraught times in American history since the civil war is just … it’s just sad. And it shows how little respect he has for the institution. It shows how little respect he has for the law. It really … It’s disgusting. It’s just disgusting.”Senator Richard Blumenthal of Connecticut, who appeared on Morning Joe on Friday alongside Scarborough, echoed those thoughts.“I am beyond disturbed. I was a law clerk to Justice Blackman on the US supreme court when this kind of behavior would have been unimaginable. You wouldn’t have read about it in a book of fiction,” he said.“Justice Alito should not sit on any of these cases involving Donald Trump. He ought to recuse himself. Here is the challenge to Chief Justice Roberts: the US supreme court’s credibility is plummeting – lower than perhaps the US Congress, and that’s saying something. It is due to the supreme court’s own self-inflicted wounds.”Experts on judicial conduct told the Times that symbols of partiality, including flying an upside-down flag, could be a violation of ethics rules designed to avoid even the appearance of bias.“It might be his spouse or someone else living in his home, but he shouldn’t have it in his yard as his message to the world,” Amanda Frost, a law professor at the University of Virginia, told the Times.Frost added that the inverted flag was “the equivalent of putting a ‘Stop the Steal’ sign in your yard, which is a problem if you’re deciding election-related cases”.skip past newsletter promotionafter newsletter promotionThe US supreme court recently adopted a stronger but nonbinding code of ethics for the nine justices on the bench after the conservative justice Clarence Thomas came under scrutiny for accepting but not disclosing trips funded by a Republican billionaire. It was later reported that Alito had similarly failed to report a trip to Alaska.Court employees are under strict rules that warn against public displays of political affiliation, including bumper stickers on vehicles. According to Reuters, the flag should only be displayed upside down “as a signal of dire distress in instances of extreme danger to life or property”.The revelation that Martha-Ann Alito hung an upside-down flag in her yard may not provide a determination that Alito was in any way aligned with Trump-inspired insurrectionists, but rather that during the 2020 election neighborhood passions ran hot.Neighbors told the Times that the street was divided between Republicans and Democrats and had been “tensed with conflict”. The anti-Trump sign that Martha-Ann Alito objected to, they said, contained an expletive and had led to mounting tensions.One said neighbors had joined demonstrators outside the Alitos’ home with the intent “to bring the protest to their personal lives because the decisions affect our personal lives”. Those protests have continued. Last Saturday, some used a megaphone to broadcast expletives at Alito.Two years ago, a bipartisan bill was passed to provide round-the-clock police protection for the justices and their families. That came after the US attorney general, Merrick Garland, ordered the US Marshals Service to provide 24/7 protection to the justices following the still-unexplained leak of a draft decision that overturned federal abortion rights guarantees.But with political tensions again increasing with the approach of the November elections, including a supreme court decision on the extent of presidential immunity that will affect at least one of Donald Trump’s pending prosecutions, Alito’s neighborhood flag-flying comes down to “a question of appearances and the potential impact on public confidence in the court”, the former federal judge Jeremy Fogel told the Times.“I think it would be better for the court if he weren’t involved in cases arising from the 2020 election,” Fogel added. “But I’m pretty certain that he will see that differently.” More

The US secretary of state, Antony Blinken, performed Neil Young’s 1989 Rockin’ in the Free World at a bar in Kyiv during a visit on Wednesday night. He was called on stage by the frontman of Ukrainian rock group 19.99, before he played guitar. Young’s song was written in 1989 after he was denied an opportunity to perform in the Soviet Union and was released as the Berlin Wall came down. The song choice underscored Blinken’s support for Ukraine as Russia steps up attacks on the city of Kharkiv

Before the performance, in a message to Ukrainians, Blinken said: ‘So much of the world is with you. And they’re fighting, not just for a free Ukraine, but for the free world. And the free world is with you too. So maybe we can try something.’ Blinken is known for combining ‘music with diplomacy’, and launched an initiative in 2021 through the state department to realise that goal More

As former US president Donald Trump’s hush-money trial plays out in New York, Matilda Boseley breaks down the details on her whiteboard. Here’s how former adult film star Stormy Daniels, disbarred lawyer Michael Cohen and tabloid boss David Pecker fit into a sprawling legal story that could have implications for the 2024 US election. More

Steve Bannon, the controversial hard-right strategist who has been influential in the thinking of Donald Trump, has lost his appeal against his conviction for contempt of Congress relating to the investigation into the January 6 insurrection.A unanimous ruling from a three-judge panel of the District of Columbia circuit court of appeals upheld Bannon’s conviction on Friday. The decision brings him closer to a four-month sentence behind bars meted out to Bannon for having resisted the terms of Congress’s subpoena against him.He has one last hope left to avoid a prison term – he could appeal to the full bench of the circuit court.Bannon was convicted of contempt charges at trial in July 2022, having been charged with two federal counts. He was accused of refusing to appear for a deposition and of refusing to provide documents to the committee in response to a subpoena.He was sentenced later that year to four months in prison. The punishment was put on hold after Bannon appealed.Bannon’s lawyers claimed in the appeal that he had not ignored the committee’s subpoena, but was acting out of concern that he might violate executive privilege objections raised by Trump.Bannon worked as Trump’s chief strategist in the White House during the first seven months of his presidency. He left the White House in August 2017 following controversy over Trump’s response to the Unite the Right rally in Charlottesville, Virginia, and now runs a popular podcast called the War Room.The January 6 committee was led by Democrats in the House of Representatives with the participation of some Republican Congress members. It concluded that Trump had engaged in a conspiracy to overturn the results of the 2020 presidential election and had not prevented a mob of his supporters attacking the US Capitol on 6 January 2021. More

Dana Nessel, Michigan’s attorney general, announced felony charges Tuesday against Stefanie Lambert, an election-denying attorney, and Stephanie Scott, a former small-town election clerk , over an alleged 2020 voter data breach.Nessel’s office alleges Lambert and Scott allowed an “unauthorized computer examiner” to access private voter data from the 2020 general US election and that Scott illegally withheld voting equipment amid an order from the Michigan secretary of state to submit it for regular maintenance. According to a statement from Nessel’s office, Lambert transmitted voter data at Scott’s direction.“When elected officials and their proxies use their positions to promote baseless conspiracies, show blatant disregard for voter privacy, and break the law in the process, it undermines the very essence of the democratic process,” Nessel said in a statement. “Those who engage in such reckless conduct must be held accountable for their actions.”Lambert did not immediately respond to a request for comment.Lambert faces separate felony charges in Oakland county, Michigan for her role in allegedly tampering with election equipment. In March, Lambert was arrested for failing to comply with court orders in that case, including refusing to submit fingerprints.In the wake of the 2020 election, Lambert took on numerous cases challenging the election results and worked with the attorney Sidney Powell on a lawsuit seeking to overturn the election in Michigan. Since then, Lambert has used her platform to promote baseless conspiracy theories about elections, fundraising hundreds of thousands of dollars to support her work. She is currently representing former Overstock CEO and prominent election denier Patrick Byrne in his defense against a defamation lawsuit brought by Dominion Voting Systems.Last month, Lambert faced a hearing for possible sanctions after she handed over Dominion documents apparently obtained in discovery to the rightwing sheriff Dar Leaf of Barry county, Michigan.Meanwhile Scott, who faces five felony charges in connection with the alleged voter data breach, was recalled in May 2023 from her position overseeing elections in the rural Michigan community of Adams Township. But she has stayed active in local politics since then – even filing paperwork last month to run for the office of Hillsdale county clerk.“When I saw [the charges] I think my jaw dropped,” said Abe Dane, who is the current elections director for Hillsdale county and is running against Scott. “I’m pleased that they’re looking into it further, because I’ve wanted them to for a very long time.”Lambert’s attorney, Daniel Hartman, said in a statement that his client did not violate the law and that she “remains steadfast in her efforts to bring transparency to the people’s election data, processes and procedures”Joe Biden won Michigan by nearly 155,000 votes over Donald Trump, a result confirmed by a Republican-led state Senate investigation in 2021. More

Aaron Sorkin is set to write a film about the January 6 insurrection and the involvement of Facebook disinformation.The Social Network screenwriter is returning to similar territory for an as-yet-untitled look at how social media helped radicalise Donald Trump supporters who went onto storm the US Capitol in 2021.“I blame Facebook for January 6,” he said on a special edition of The Town podcast, live from Washington DC. When asked to explain why, he responded: “You’re gonna need to buy a movie ticket.”He then announced that he would be covering the subject in an upcoming project.“Facebook has been, among other things, tuning its algorithm to promote the most divisive material possible,” he said. “Because that is what will increase engagement and because that is what will get you to, what they call inside the hallways of Facebook, the infinite scroll.”When asked whose responsibility that was, he replied: “Mark Zuckerberg.”He continued: “There is supposed to be a constant tension at Facebook between growth and integrity, there isn’t. It’s just growth so if Mark Zuckerberg wakes up tomorrow and realises that there is nothing you can buy for $120bn that you can’t buy for $119bn, so how about if I make a little less money, I will tune up integrity and I will tune down growth.”Sorkin said he has yet to have a conversation with the Facebook CEO that isn’t “through the op-ed pages of the New York Times”.The writer-director’s 2010 adaptation of Ben Mezrich’s The Accidental Billionaires looked at the origins of the site and the early controversy surrounding it. The script won Sorkin his first Oscar.Sorkin was also asked about why he dropped his agent Maha Dakhil last year after she shared a post online that criticised Israel’s involvement in the ongoing conflict with Palestine which read: “You’re currently learning who supports genocide.”“She posted something on Instagram that I just didn’t understand,” he said before adding: “There were people in my family who would have been hurt if I stayed.”Last year saw Sorkin return to the stage with an adaptation of the musical Camelot, which received five Tony nominations but mixed reviews. His last film was 2021’s Being the Ricardos starring Nicole Kidman and Javier Bardem. More

The indictment against the slate of fake electors in Arizona and the Trump allies who advanced the scheme there includes a host of public statements and private exchanges that show how the group intended to overturn the state’s electoral votes for Joe Biden in 2020.Arizona’s Democratic attorney general, Kris Mayes, announced on Wednesday that a state grand jury charged the 11 false electors and seven others with nine felony counts of fraud, forgery and conspiracy. The indictment from Mayes’s office is sure to be a talking point in this year’s elections, nearly four years after the acts themselves occurred.The case’s net spans more broadly than the slate of fake electors itself, entangling Trump associates who perpetrated the theory that this “alternative” slate could be used by Congress and then vice-president Mike Pence instead of the state’s rightful electors who signed off that Biden won the state.The documents detail the steps taken behind the scenes to push the concept of using electors for Trump to pressure Pence on 6 January 2021. Trump allies, both those charged in Arizona and those who weren’t, were exchanging messages, pressuring elected officials and arranging court cases to benefit the fake electors idea, the indictment shows.And several of the fake electors themselves, by their public statements, intended for their act of signing falsely that they were the state’s true electors to be used by the Trump campaign to disrupt the electoral count and subvert the state’s Biden win.Trump himself is not charged in the Arizona case, though he is listed throughout the indictment as “unindicted co-conspirator 1”, a “former president of the United States who spread false claims of election fraud following the 2020 election”.There were also attempts to add caveats to the language in the documents signed by the fake electors in Arizona to note that they were intended only as a backup plan should judges rule in Trump’s favor, but that did not happen, the indictment alleges.The false electors included two sitting state senators, Jake Hoffman and Anthony Kern. It’s not clear how or if the state senate will respond to these charges or if it will affect their legislative actions. The senate Republicans’ spokeswoman told the Guardian she checked with a rules attorney in the chamber, who “verified there is no protocol on such a matter, as people are presumed innocent until proven guilty”.The former Arizona Republican party chair Kelli Ward was charged, as was her husband, Michael. Tyler Bowyer, a Republican national committeeman and Turning Point Action executive, was also charged, as were the other fake electors Jim Lamon, Nancy Cottle, Robert Montgomery, Samuel Moorhead, Lorraine Pellegrino and Gregory Safsten.The Trumpworld figures charged include high-profile allies such as the former New York City mayor and Trump attorney Rudy Giuliani, the former Trump chief of staff Mark Meadows, the lawyer John Eastman, the adviser Boris Epshteyn, the attorney Jenna Ellis, the current election integrity counsel for the Republican National Committee, Christina Bobb, and the former Trump campaign operative Mike Roman.In initial documents, the names of Trump allies are redacted, making it somewhat difficult to track who allegedly said what to whom. They are identifiable by their descriptions or other details.Mayes, who won her race by less than 300 votes in 2022, is already in the Republican-led legislature’s crosshairs for this investigation and a host of other issues where she, a Democrat, is at odds with GOP lawmakers. The state house opened a committee to investigate her and her use of the office. The charges are sure to further inflame Republican lawmakers.Hoffman issued a statement saying he was innocent and intended to “vigorously” defend himself against the charges, and that Mayes had weaponized the attorney general’s office for political reasons. “I look forward to the day when I am vindicated of this disgusting political persecution by the judicial process,” he wrote.Kern responded with an “LOL!!” and changed the subject to abortion when a commenter on X said he should resign immediately. The Arizona Republican party put out a statement calling the timing of the indictments “suspiciously convenient and politically motivated” and an example of election interference, a favorite claim of Trump himself in the face of a host of charges.Charlie Kirk, the founder of the rightwing youth organization Turning Point, said he and the organization stand by Bowyer and the others charged.“The Arizona Trump electors were doing what they thought was a legally necessary step as part of a wider political and electoral dispute,” Kirk wrote on X. “They acted in the belief that Donald Trump was the true winner of Arizona in the 2020 election. They engaged in no fraud and no deception. In fact, they literally published a press release explaining what they were doing!”Didn’t hedge language despite a warningOf the seven states that saw a similar fake electors scheme, those in Pennsylvania and New Mexico used language that indicated the electors who signed for Trump were contingent on the signers later being certified as the “duly elected and qualified electors” because of court interventions that were outstanding at the time.Arizona’s documents include no such hedge, instead saying the people who signed on claimed to be the “duly elected and qualified electors” for Trump in the state.The indictment claims a Pennsylvania attorney raised concerns about that language on 12 December 2020 and requested adding in the contingency language. After that, “unindicted co-conspirator 4”, who appears to be the scheme’s architect, the attorney Kenneth Chesebro, texted a Trump campaign official to point out the issue.View image in fullscreen“Mike, I think the language at start of certificate should be changed in all states. Let’s look at the language carefully,” Chesebro wrote to a Trump ally, presumably Mike Roman.Chesebro said the hedged language could help prevent the false electors from “possibly facing legal exposure (at the hands of a partisan AG) if they seem to certify that they are currently the valid electors”.“I don’t,” the person responded. After Chesebro offered to help draft the language, the Trump operative responded: “Fuck these guys,” according to the indictment.The pressure campaignTo build the narrative of the case, the indictment walks through Trump and his allies’ intense pressure campaign on the Maricopa county board of supervisors, the state legislature and the governor, all of whom played some role in election oversight.The details here are now publicly well-known – they include calls from the White House and Trump allies to people such as the former House speaker Rusty Bowers and the county supervisor Clint Hickman, as well as a call from the White House to the former governor Doug Ducey on the day he signed off on the certification of votes.Also mentioned is the backlash and ensuing harassment that some of these officials faced from members of their own party for refusing to take part in the efforts to overturn the results.The indictment walks through the various lawsuits the Trump campaign and other state Republicans filed to try to get their claims of election fraud affirmed in court or disrupt the results in some way, none of which succeeded.Ward worked to organize the Trump electors along with others. She expressed concerns that, if there weren’t an appeal filed in one of the election cases contesting results, it “could appear treasonous” to sign on as an alternate slate without any pending court cases. An appeal in one case, Ward v Jackson, was filed in time for the slate to vote on 14 December 2020.One appeal, the indictment notes, was filed quickly as a way to “give legal ‘cover’ for the electors in AZ to ‘vote’” to create their slate, a person labeled as “unindicted co-conspirator 5”, believed to be the Arizona attorney Jack Wilenchik, wrote in an email at the time.As proof of the intent to throw the election to Trump, the indictment mentions meetings between Pence, his staff and someone who appears to be Eastman from contextual clues, where the Trump ally lays out to Pence how he could reject electoral votes from certain states, delay the court and ask state legislatures to instead step in and declare a winner. During a meeting with Pence’s chief counsel, a charged Trump associate “admitted that his plan would lose if it went before the US supreme court”, the indictment says.The indictment also notes a memo written on 23 December 2020 that envisions Pence refusing to count the Biden electors from Arizona and other states with fake slates because there were multiple slates from those places, thus giving Trump a majority of the remaining electoral votes. This memo, other reporting from the Washington Post confirms, was written by Eastman.Pence did not follow through, to the dismay of Trump and his allies.Using their own wordsThe attorney general uses the fake electors’ own words, often displayed publicly on social media platforms, to show their intent was not simply to offer an alternate slate in the face of a potential court order, but to pressure the vice-president and others to use the Trump electors instead.On 14 December 2020, at the state Republican party headquarters, the electors signed on for Trump. The party posted a picture and video of it to X. Ward wrote, “Oh yes we did! We are the electors who represent the legal voters of Arizona! #Trump2020 #MAGA.” The party released a statement on the action that was similar to a template created by Chesebro, the indictment says.The next day, Bowyer, of Turning Point, described the move as giving “potential ground to not accept electors from states with competing electors”, the indictment says.Later that month, the 11 fake electors signed on to a lawsuit against Pence from the Texas congressman Louie Gohmert seeking to have the court declare Pence had the authority to decide which electoral votes to use in states that had multiple slates, according to the indictment.After the Gohmert case was filed, Bowyer wrote on X that the vice-president had the “awesome power” of selecting which slate to use when there were two competing ones, or to select neither.Kern gave an interview to the conspiracy website Epoch Times where he said the dual slates gave Pence the choice to pick one or the other and that would then likely lead to a “contested electoral process” on 6 January.“It’s going to be just a nice constitutional lesson for all of America to see,” Kern said, according to the indictment. A couple days later, Kern called on state leaders to bring an emergency legislative session to “decertify” the Biden electors, then convene a grand jury to investigate election fraud claims. He also was at the US Capitol on 6 January 2021.The day before the insurrection, Hoffman wrote to Pence and asked him to delay certification and get clarity from the legislature over which slate was “proper and accurate”.Based on their statements and machinations behind the scenes, the indictment concludes that the defendants “deceived the public with false claims of election fraud in order to prevent the lawful transfer of the presidency, to keep Unindicted Coconspirator 1 in office against the will of Arizona’s voters, and deprive Arizona voters of their right to vote and have their votes counted”. More