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    How G.O.P. Election Reviews Created a New Security Threat

    As Republicans continue to challenge the 2020 results, voting equipment is being compromised when partisan insiders and unvetted operatives gain access.Late one night in May, after surveillance cameras had inexplicably been turned off, three people entered the secure area of a warehouse in Mesa County, Colo., where crucial election equipment was stored. They copied hard drives and election-management software from voting machines, the authorities said, and then fled.The identity of one of the people dismayed state election officials: It was Tina Peters, the Republican county clerk responsible for overseeing Mesa County’s elections.How the incident came to public light was stranger still. Last month in South Dakota, Ms. Peters spoke at a disinformation-drenched gathering of people determined to show that the 2020 election had been stolen from Donald J. Trump. And another of the presenters, a leading proponent of QAnon conspiracy theories, projected a portion of the Colorado software — a tool meant to be restricted to election officials only — onto a big screen for all the attendees to see.The security of American elections has been the focus of enormous concern and scrutiny for several years, first over possible interference or mischief-making by foreign adversaries like Russia or Iran, and later, as Mr. Trump stoked baseless fears of fraud in last year’s election, over possible domestic attempts to tamper with the democratic process.But as Republican state and county officials and their allies mount a relentless effort to discredit the result of the 2020 contest, the torrent of election falsehoods has led to unusual episodes like the one in Mesa County, as well as to a wave of G.O.P.-driven reviews of the vote count conducted by uncredentialed and partisan companies or people. Roughly half a dozen reviews are underway or completed, and more are being proposed.These reviews — carried out under the banner of making elections more secure, and misleadingly labeled audits to lend an air of official sanction — have given rise to their own new set of threats to the integrity of the voting machines, software and other equipment that make up the nation’s election infrastructure.Election officials and security experts say the reviews have created problems ranging from the expensive inconvenience of replacing equipment or software whose security has been compromised to what they describe as a graver risk: that previously unknown technical vulnerabilities could be discovered by partisan malefactors and exploited in future elections.In Arizona, election officials have moved to replace voting machines in the state’s largest county, Maricopa, after conservative political operatives and other unaccredited people gained extensive access to them as they conducted a widely criticized review of the 2020 results. In Pennsylvania, the secretary of state decertified voting equipment in rural Fulton County after officials there allowed a private company to participate in a similar review.And in Antrim County, Mich., a right-wing lawyer publicized a video showing a technical consultant with the same vote tabulator the county had used — alarming county officials who said that the consultant should not have had access to the device or its software.Tina Peters, the clerk of Mesa County, Colo., during a news conference in June 2020.Mckenzie Lange/The Grand Junction Daily Sentinel, via Associated PressWhen such machines fall into the wrong hands — those of unaccredited people lacking proper supervision — the chain of custody is broken, making it impossible for election officials to guarantee that the machines have not been tampered with, for example by having malware installed. The only solution, frequently, is to reprogram or replace them. At least three secretaries of state, in Arizona, Pennsylvania and Colorado, have had to decertify voting machines this year.Far from urging panic, experts caution that it would be extremely difficult if not impossible to meddle with voting results on a nationwide scale because of the decentralized nature of American elections.But experts say that the chain of custody for election machines exists for good reason.Already this year, three federal agencies — the Justice Department, the Cybersecurity and Infrastructure Security Agency and the Election Assistance Commission — have issued updated guidance on how to handle election machines and preserve the chain of custody.“There are some serious security risks,” said J. Alex Halderman, a professor of computer science and engineering at the University of Michigan who studies election security. “Especially given the constellation of actors who are receiving such access.”Republicans say they are simply looking for the answers their constituents are demanding about the 2020 election.“This has always been about election integrity,” Karen Fann, the Republican leader of the Arizona Senate, which authorized that state’s election review, said in an interview posted on the state party’s website last month. “Nothing else. Absolutely nothing else. This is about making sure that our votes are counted.”Security experts say that election hardware and software should be subjected to transparency and rigorous testing, but only by credentialed professionals. Yet nearly all of the partisan reviews have flouted such protocols and focused on the 2020 results rather than hunting for security flaws.In Arizona, the firm chosen by the Republican-led Legislature, Cyber Ninjas, had no previous experience auditing elections, and its chief executive has promoted conspiracy theories claiming that rigged voting machines cost Mr. Trump the state. The company also used Republican partisans to help conduct its review in Maricopa County, including one former lawmaker who was at the Jan. 6 protest in Washington that preceded the Capitol riot..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}In Wisconsin, the Republican Assembly speaker, Robin Vos, is pushing for a review of the 2020 results to be led by a former State Supreme Court justice who claimed in November that the election had been stolen. And in Pennsylvania, the Republican leader of the State Senate has announced hearings that he likened to a “forensic investigation” of the election, saying it could include issuing subpoenas to seize voting machines and ballots.Christopher Krebs, the former head of the federal Cybersecurity and Infrastructure Security Agency, said such reviews could easily compromise voting machines. “The main concern is having someone unqualified come in and introduce risk, introduce something or some malware into a system,” he said. “You have someone that accesses these things, has no idea what to do, and once you’ve reached that point, it’s incredibly difficult to kind of roll back the certification of the machine.”Decertifying machines effectively means replacing them, often in a hurry and at great cost. Philadelphia’s elections board rejected an earlier G.O.P. request for access to the city’s election machines, saying it would cost more than $35 million to buy new ones.In Arizona, Secretary of State Katie Hobbs, a Democrat, told Maricopa County in May that her office would decertify 385 machines and nine vote tabulators that had been handed over for the G.O.P.-led election review.“The issue with the equipment is that the chain of custody was lost,” Ms. Hobbs said in an interview. “The chain of custody ensures that only authorized people have access to it, so that that vulnerability can’t be exploited.”Pulling compromised machines out of service and replacing them is not a foolproof solution, however.The equipment could have as-yet-undiscovered security weaknesses, Mr. Halderman said. “And this is what really keeps me up at night,” he said. “That the knowledge that comes from direct access to it could be misused to attack the same equipment wherever else it’s used.”A polling place in Philadelphia in November. Subpoenas could be issued to seize voting machines and ballots as part of a Republican-led investigation into Pennsylvania’s results in the 2020 election.Kriston Jae Bethel for The New York TimesAs an example of his concerns, Mr. Halderman pointed to Antrim County in northern Michigan, where, months after a court-ordered forensic audit in the county, a lawyer involved with the case who has frequently shared election conspiracy theories still appeared to have access to a Dominion Voting Systems ballot-scanning device and its software.The lawyer, Michael DePerno, posted a video from a conservative news site featuring a technical consultant who went to elaborate and highly implausible lengths to try to show that votes in the county — which Mr. Trump carried by a wide margin — could have been switched. (County officials said this could not have happened.)The device and its software are only supposed to be in the possession of accredited officials or local governments. “I was shocked when I saw they had a tabulator in their video,” said Sheryl Guy, the county clerk, who is a Republican.Neither Mr. DePerno nor Dominion Voting Systems responded to requests for comment.Easily the most bizarre breakdown of election security so far this year was the incident in Mesa County, Colo.The first sign of suspicious activity surfaced in early August, when a conservative news site, Gateway Pundit, posted passwords for the county’s election machines, the result of a separate breach in the county from the same month.A week later, the machines’ software showed up on large monitors at the South Dakota election symposium, organized by the conspiracy theorist Mike Lindell.Jena Griswold, the Colorado secretary of state, said her office had concluded that the passwords leaked out when Ms. Peters, the Mesa County clerk, enlisted a staff member to accompany her to and surreptitiously record a routine voting-machine maintenance procedure. Gateway Pundit published the passwords a week before the gathering in South Dakota.Ms. Griswold’s office is investigating and has said that Ms. Peters will not be allowed to oversee elections in November.Ms. Peters, who has called the investigation politically motivated, did not respond to repeated requests for comment. In an online interview with Mr. Lindell, the chief executive of MyPillow, she admitted to copying the hard drives and software but insisted she had simply backed them up because of some perceived but unspecified threat to the data. She also cited unfounded conspiracy theories about Dominion equipment.“I was concerned that vital statistics and information was being deleted from the system or could be deleted from the system, and I wanted to preserve that,” she said.But she flatly denied leaking the passwords or software. “I did not post, did not authorize anyone to post, any election data or software or passwords online,” she said.Even so, the secretary of state’s office said that Colorado counties had never been advised to make copies of their election machines’ hard drives.“It is a serious security breach,” Ms. Griswold said in an interview. “This is election officials, trusted to safeguard democracy, turning into an internal security breach.”The local district attorney has opened a separate inquiry into the episode and is being assisted by the F.B.I. and the Colorado attorney general’s office. Ms. Griswold, a Democrat, said she had also alerted the Cybersecurity and Infrastructure Security Agency.But Ms. Griswold said she worried that with so many Republican leaders “leaning into the big lie,” the risks of what she called an “insider security issue” were growing.“I think it’s incredibly time-sensitive that elections are set up to guard both from external and internal threats,” she said. More

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    Reporter Discusses False Accusations Against Dominion Worker

    Through one employee of Dominion Voting Systems, a Times Magazine article examines the damage that false accusations can inflict.Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.As Susan Dominus, a staff writer for The New York Times Magazine, approached her reporting for an article on the attacks on Dominion Voting Systems, a business that supplies election technology, she wanted to tell the story of one of the Dominion employees who was being vilified by supporters of President Trump.She zeroed in on one man: Eric Coomer, whose anti-Trump social media posts were used to bolster false allegations that Dominion had tampered with the election, leading to death threats. Her article, published on Tuesday, is a case study in what can happen when information gets wildly manipulated. In an edited interview, Ms. Dominus discussed what she learned.How did you come upon Eric Coomer — did you have him in mind all along? Or did you want to do something on Dominion and eventually found your way to him?The Magazine was interested in pursuing a story about how the attacks on Dominion Voting Systems — a private business — were dramatically influencing the lives of those who worked there, people who were far from public figures. Many employees there were having their private information exposed, but early on, a lot of the threats were focusing on Eric Coomer, who was then the director of product strategy and security at Dominion. Eventually, people such as the lawyers Sidney Powell and Rudy Giuliani and the president’s son Eric Trump were naming him in the context of accusations about Dominion fixing the election.What was the biggest surprise you came across in your reporting?I was genuinely surprised to find that Mr. Coomer had expressed strong anti-Trump sentiments, using strong language, on his Facebook page. His settings were such that only his Facebook friends could see it, but someone took a screenshot of those and other divisive posts, and right-wing media circulated them widely. The posts were used in the spread of what cybersecurity experts call malinformation — something true that is used to support the dissemination of a story that is false. In this case, it was the big lie that the election was rigged. I think to understand the spread of spurious information — to resist its lure, to fight it off — these distinctions are helpful to parse. Understanding the human cost of these campaigns also matters. We heard a lot about the attacks on Dominion, but there are real people with real lives who are being battered in a battle they had no intention of joining, whatever their private opinions.There were so many elaborate theories of election fraud involving Dominion. How important were the accusations against Eric Coomer in that bigger story?It’s hard to say. But Advance Democracy Inc., a nonpartisan nonprofit, looked at the tweets in its database from QAnon-related accounts and found that, from Nov. 1 to Jan. 7, Eric Coomer’s name appeared in 25 percent of the ones that mentioned Dominion. Coomer believes the attacks on Dominion were somewhat inevitable but considered his own role as “an accelerant.”Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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    Judge Orders Sanctions Against Pro-Trump Lawyers Over Election Lawsuit

    Sidney Powell, L. Lin Wood and seven other lawyers deceived federal courts and debased the judicial process, a federal judge wrote.A federal judge in Michigan on Wednesday night ordered sanctions to be levied against nine pro-Trump lawyers, including Sidney Powell and L. Lin Wood, ruling that a lawsuit laden with conspiracy theories that they filed last year challenging the validity of the presidential election was “a historic and profound abuse of the judicial process.”In her decision, Judge Linda V. Parker of the Federal District Court in Detroit ordered the lawyers to be referred to the local legal authorities in their home states for possible suspension or disbarment.Declaring that the lawsuit should never have been filed, Judge Parker wrote in her 110-page order that it was “one thing to take on the charge of vindicating rights associated with an allegedly fraudulent election,” but another to deceive “a federal court and the American people into believing that rights were infringed.”“This is what happened here,” she wrote.Ms. Powell and Mr. Wood did not respond immediately to comment on the ruling. The other lawyers, including two who served in the Trump administration, could not be reached on Wednesday night for comment.The Michigan lawsuit, filed in late November, was one of four legal actions, collectively known as the “Kraken” suits, that Ms. Powell filed in courts around the country, claiming that tabulation machines made by Dominion Voting Systems were tampered with by a bizarre set of characters, such as the financier George Soros or Venezuelan intelligence agents. In the suits, she complained without merit that those conspirators began a complicated, covert plot to digitally flip votes from President Donald J. Trump to his opponent, Joseph R. Biden Jr.Judge Parker’s order came about a month after a marathon hearing during which she repeatedly pressed Ms. Powell and her colleagues about how — or even whether — they had verified the statements of witnesses who filed sworn statements making claims of widespread fraud and tampering with voting machines. Several times, Judge Parker expressed astonishment at the lawyers’ answers, telling them they had a responsibility to perform “minimal due diligence” and calling some of the lawsuit’s claims “fantastical.”In her decision, Judge Parker accused Ms. Powell, who is based in Dallas, and Mr. Wood, who is based in Atlanta, of abusing “the well-established rules” of litigation by making claims that were backed by neither the law nor evidence, but were instead marked by “speculation, conjecture and unwarranted suspicion.”“This case was never about fraud,” Judge Parker wrote. “It was about undermining the people’s faith in our democracy and debasing the judicial process to do so.”David Fink, a lawyer for the City of Detroit, called the ruling “a powerful message to attorneys everywhere.”“Follow the rules, stick to the truth or pay a price,” Mr. Fink said. “Lawyers will now know that there are consequences for filing frivolous lawsuits.”Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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    How Eric Coomer Became the 'Perfect Villain' for Voting Conspiracists

    Listen to This ArticleAudio Recording by AudmTo hear more audio stories from publications like The New York Times, download Audm for iPhone or Android.It was already late on Nov. 9 when Eric Coomer, then the director of product strategy and security for Dominion Voting Systems, left his temporary office on Daley Plaza in Chicago and headed back to the hotel where he’d been staying for the previous few weeks. Both the plaza and the hotel had the eerie post-apocalyptic feel of urban life during the pandemic, compounding the sense of disorientation and apprehension he felt as he made his way up to his room.Earlier that evening, a colleague sent him a link to a video of Coomer speaking at a conference with a menacing comment below it. “Hi Eric! We know what you did,” the commenter wrote. That link eventually led Coomer to a second video, which he watched in his hotel room. What he saw, he quickly realized, was something that was likely to wreck his life, hurt his employer and possibly erode trust in the electoral process.Over the past decade, Coomer, 51, has helped make Dominion one of the largest providers of voting machines and software in the United States. He was a gifted programmer, known to be serious about his work but informal about almost everything else — prone to profanities, with a sense of humor that could have blunt force. Coomer, who traveled around the world for competitive endurance bike races, would have blended in on the campus of Google, just one in a crowd of nonconformist tech types. In the more corporate business of elections, he stood out for the full-sleeve tattoos on his arms (one of Francis Bacon’s “Screaming Popes,” some Picasso bulls) and the half-inch holes in his ears where he once wore what are known as plugs.Coomer was accustomed to working long days during the postelection certification process, but the stress that November was building quickly. Donald Trump was demanding recounts. The president’s allies in the Stop the Steal movement had spent months stoking fears of election fraud. And then on Sunday, Nov. 8, Sidney Powell, a lawyer representing the Trump campaign, appeared on Fox News and claimed, without evidence, that Dominion had an algorithm that switched votes from Trump to Biden.The video Coomer watched in his hotel room represented a new development in Dominion’s troubles. It was that day’s episode of “The Conservative Daily Podcast,” a program previously unknown to Coomer, which had been posted to YouTube. “We’re going to expose someone inside of Dominion Voting Systems, specifically related to antifa, and related to someone that is so far left, and is controlling elections and his fingerprints are in every state,” said the show’s co-host, a man using the pseudonym Joe Otto. Otto — who would eventually reveal himself to be Joe Oltmann, a Colorado entrepreneur — claimed that he had found a smoking gun that proved fraud at Dominion: “We 100 percent know that the election was rigged.”About 11 minutes in, Coomer heard Oltmann say his name. “The conversation will be about a man named Eric Coomer,” Oltmann said, spelling it out: “C-O-O-M-E-R.” Next Coomer was staring at a photo of himself up on the screen in what Oltmann called “his little outfit,” a bike uniform Coomer wore in 2016 for a six-day endurance mountain-biking race. Coomer was looking at his own half-smirk, half-smile, the face of a middle-aged man with a sparse goatee, staring into the glare in sunglasses. What other photos did Oltmann have? What other artifacts of his life, of his family — and how hard was this man looking for all of it?Oltmann claimed that, earlier that year, he had infiltrated what he said was an antifa phone call and overheard someone — someone he claimed had been identified as Eric at Dominion — assure his supposed fellow antifa members that Trump would lose. “He responds — and I’m paraphrasing this, right? — ‘Don’t worry about the election, Trump is not going to win. I made effing sure of that,’” Oltmann said. He told his listeners that he thought little of who this Eric at Dominion might be until after the election, when a friend sent him a Facebook post about election troubles that mentioned Eric Coomer’s name. Suddenly, Oltmann said, his interest was reawakened. He started looking into Coomer, he said, and “the more information I got, the scarier it got.”Coomer had given conspiracy theorists a valuable resource, a grain of sand they could transform into something that had the feel — the false promise — of proof.Oltmann said that in his research he found that Coomer had written “vile” anti-Trump Facebook posts. Oltmann proceeded to read from one of those posts, from July 2016, which characterized Donald Trump as “autocratic,” “narcissistic” and a “fascist,” among other, more vulgar insults. “I don’t give a damn if you’re friend, family or random acquaintance,” Oltmann read. Anyone who decided to “pull the lever, mark an oval, touch the screen for that carnival barker … UNFRIEND ME NOW.” Oltmann displayed a screenshot of the post, which said that the author’s opinions “are not necessarily the thoughts of my employer, though if not, I should probably find another job. Who wants to work for complete morons?” Oltmann’s co-host, Max McGuire, also read from an anonymous open letter that explained that, while there was no formal organization known as “antifa,” the ideas the public associates with it are worth supporting. “There’s no such thing as being antifascist; either you are a decent human being with a conscience, or you are a fascist,” McGuire read. The letter, Oltmann said, had appeared on Coomer’s Facebook.Coomer watched the video in shock. He is adamant that he never participated in any antifa phone call, and he felt disgusted by the accusation that he had done anything to change the results of the election. The Trump campaign and its allies have introduced more than 60 lawsuits claiming election fraud in this country, but no court has found persuasive evidence to support the idea that Coomer, Dominion or anyone else involved in vote-counting changed the election results. Bipartisan audits of paper ballots in closely contested states such as Georgia and Arizona confirmed Biden’s victory; and prominent Republicans, including Attorney General Bill Barr and Trump’s official in charge of election cybersecurity, have reaffirmed the basic facts of the election: Over all, the results were accurate, the election process was secure and no widespread fraud capable of changing the outcome has been uncovered.Oltmann is now the subject of a defamation suit brought by Coomer. It currently names, as co-defendants, 14 parties responsible for the dissemination of Oltmann’s claims about that alleged antifa phone call, including Sidney Powell, Rudy Giuliani and the Trump campaign. (Dominion has filed separate defamation suits against Giuliani, Powell, Fox News and others. Lawyers for Giuliani, Powell and for the Trump campaign declined to comment. Fox called the Dominion litigation “baseless” and defended its right to tell “both sides” of the story.) Oltmann’s best defense would be to provide corroboration of his claims about that phone call — he has said there were as many as 19 people on the line — but he has so far declined to do so.As Coomer watched the video, though, he felt a second strong emotion: a powerful sense of regret — because the Facebook posts were, in fact, authentic. Why, he thought, hadn’t he just deleted them? Coomer could imagine how his words would sound to just about any Republican, let alone someone already hearing on Fox News that Dominion was switching votes for Biden. He told me that he believed every word of what he said on Facebook, but when colleagues later asked him what he was thinking, he was frank: He had screwed up. At a time when well-​funded efforts to sow mistrust in the election were already underway, Coomer had given conspiracy theorists a valuable resource, a grain of sand they could transform into something that had the feel — the false promise — of proof.Elections in the United States are impossibly convoluted. Every county — and, in some states, every municipality — runs its own election, creating a patchwork system in which voters in one place may have a remarkably different voting process from their neighbors just a few miles away. That variation can breed mistrust: If voters in one county believe their election process is being administered correctly, different methods in other counties might strike them as suspect.Local governments also rely on private companies like Dominion and its competitors ES&S and Hart InterCivic, which together control 90 percent of the voting-machine market, to provide machines, software and technical support. For Americans who are suspicious about an election result — or are looking to create suspicions — these relatively obscure, private companies present an obvious target. In 2004, after George W. Bush narrowly won the presidency, Democrats focused on possible irregularities in Ohio, whose 20 electoral votes would have given the presidency to John Kerry. The voting machines used in Ohio that year came from Diebold, whose chief executive, Walden O’Dell, was a longtime Republican donor. A year before the election, O’Dell wrote a letter to about 100 people inviting them to a fund-raiser: “I am committed to helping Ohio deliver its electoral votes to the president next year,” he wrote. The language reinforced mistrust of Diebold machines among some Democrats. O’Dell later said the letter was a “huge mistake,” and Diebold ultimately sold its voting-machine business.Dominion was founded in the wake of a different controversy: the failure of punch-card voting machines — and their infamous hanging chads — in the 2000 election. After Congress funded a bill to replace those machines, many counties purchased direct-recording electronic (D.R.E.) voting machines, which eliminated paper ballots altogether. The limits of that approach became apparent in 2006, when, in Sarasota, Fla., a Congressional race that used D.R.E. machines made by ES&S produced a result that struck partisans and neutral observers as unlikely. ES&S stood by the results, but in the absence of a paper ballot, doubts and uncertainty lingered.Dominion was well-positioned at that moment. John Poulos, the company’s chief executive and one of its founders, started the business in 2003, serving a small circle of clients who favored a paper ballot. Additionally, Dominion developed a tabulator that kept a digital image of the paper ballots so they could be easily audited. (They also sold machines that met the needs of visually impaired voters, with audio interfaces and headphones that allowed for independence and anonymity.)Dominion grew fast, acquiring the assets of a competitor, Sequoia Voting Systems, in 2010. Among Sequoia’s staff was Eric Coomer, who became Dominion’s vice president of engineering for the United States. Coomer worked with Poulos for more than a decade at Dominion. (The investment firm Staple Street Capital owns a majority share in the company.) Coomer’s role shifted over time from overseeing the company’s engineers to a more strategic role, working directly with election officials in various states and discussing Dominion’s services on technical panels.For the 2020 election, activists and experts pushed for paper ballots nationwide, to offer a straightforward, easily audited record. Coomer, expressing a common assurance among election specialists, has pointed out that because every Dominion system “creates a durable, voter-verifiable, paper record of the cast votes, which is the official record,” voters had concrete evidence of how the vote went in the face of any allegations of electronic vote-switching or other fraud.At the same time, voting-machine businesses knew that paper ballots can create some confusion among voters — such as the worry that ink from Sharpies and other markers could bleed through the page and invalidate their vote. In fact, ballot layouts can avoid misreads from bleed-throughs, and Sharpies have the advantage drying quickly, so ink doesn’t smudge on the scanner.Concerns about Sharpies, however, ending up feeding into coordinated efforts to cast doubt on the 2020 election. In Maricopa County, Ariz., the most populous county in a key swing state, Dominion ballots with a Sharpie-friendly layout were used, and poll workers handed the markers out. Some voters weren’t prepared to use Sharpies after years of being told to avoid them. The confusion reached social media, where, in the hands of partisan messaging networks, the charge quickly became: Republicans were being given Sharpies in Maricopa County in an effort to invalidate their votes.Dominion was still trying to help election officials address so-called Sharpiegate when Poulos got a call, on Nov. 4, with more bad news: in Antrim County, Michigan, ballots were updated shortly before Election Day but the system used to tabulate them was not. A series of fail-safe procedures meant to address such an error had been overlooked. As a result, preliminary returns showed Joe Biden leading in the heavily Republican county before they were corrected. To the frustration of key players in the election community, neither local officials nor Dominion immediately released a statement explaining what went wrong; the silence created an opportunity for those charging fraud to fill the vacuum with unfounded allegations.Security experts distinguish between disinformation — straightforward lies — and malinformation, information that starts with a detail that is true but is then used or taken out of context to support a false story line. “It’s harder to fight malinformation, because of the fundamental truth being used to spread the lies,” says Matthew Masterson, who was a senior adviser for election security at the Cybersecurity and Infrastructure Security Agency during the Trump Administration. Antrim County, he worried at the time, could be used as a prime source of malinformation.It was not until Nov. 6 that Michigan election officials began explaining what happened. By then, rumors — including the false suggestion that Nancy Pelosi’s husband owned Dominion — had spread. Ronna McDaniel, chairwoman of the Republican National Committee, held a news conference asserting that “the fight is not over,” and that Antrim County made her worry that there could be similar irregularities elsewhere. The Michigan State Legislature issued a subpoena to state election officials asking for more information.That same week, reports emerged of an Election Day glitch in Spalding County, Ga. There, Dominion machines were unable to call up voters’ ballots because of a problem with an outside vendor’s database and because procedures that would have caught the error or provided other ways of calling up the ballots were not followed. The local elections supervisor, however, told Politico that a Dominion representative had explained that the problem was the fault of an update the company made the night before the election.Poulos was baffled: The technology did not allow for that kind of remote update, as the machines are not connected to the internet. “It would be like me saying I came into your house and updated your kitchen table without your knowing it,” Poulos said. None of his employees’ phone records reflected any such call, and Georgia election authorities reported that a log file that would have reflected an update the previous day showed none. The Republican secretary of state, Brad Raffensperger, eventually called for the ouster of the official. (She is no longer in that position.) But the incident was another story that would stick to Dominion. “Georgia Counties Using Same Software as Michigan Counties Also Encounter ‘Glitch,” ran the headline on Breitbart News on Nov. 7.After Sidney Powell’s Nov. 8 appearance on Fox News, Dominion became a fixture in election-conspiracy theories. Originally, right-wing chatter was linking Dominion to election fraud even in cities like Pittsburgh, which the company did not serve. Over time, the focus shifted to three important swing states — Georgia, Arizona and Michigan — that used Dominion machines.Sidney Powell, right, and Rudy Giuliani at the Republican National Committee headquarters in Washington. Jacquelyn Martin/Associated PressBefore he left for work on Nov. 10, Coomer checked the settings on his Facebook account. Had he been careless? As he thought, his privacy settings ensured that his posts were only visible to his 300 or so Facebook friends. Coomer started deleting old posts, but he realized how foolishly he had put his faith in a notion of digital privacy. Any one of Coomer’s “friends”— and he had several whom he knew to be Trump supporters — could have taken screenshots of his posts and sent the information along to someone who could use it.At work, Coomer felt an increasing sense of dread, but Poulos, the chief executive, seemed confident that the Oltmann story would blow over. From Poulos’s perspective, the Conservative Daily Podcast was hardly a top concern when Fox News was allowing Sidney Powell to air claims that Dominion switched votes.Coomer’s younger brother, who requested that his name not be used out of fear for his safety, set up a dashboard to track online references to Eric Coomer. “I deleted it within two days,” he said — the material was too disturbing and overwhelming. He recalled some of what he saw: “People were essentially taking bets on how my brother’s corpse would be found and which nefarious shadow group would be behind his death. He would be executed by the state or he would be found with a falsified suicide note and two gunshots in the back of his head.” He and Eric’s older brother, Bill, deleted their social media profiles and alerted friends and associates not to answer questions about them; they directed their parents to do the same. The younger brother packed a go bag in case he had to flee his home.Before long, hundreds of Dominion employees had their private information — address, phone numbers, names of loved ones — published on social media, and threats started pouring in to their Dominion email. Angry email messages kept arriving for Coomer as well, and hostile posts continued to appear on social media: “He’s goin’ to GITMO. No one escapes this. Pain is comin’!”Over the next few days, as Coomer tried to focus on wrapping up the election certification in Chicago, he thought about his complicated past and wondered what else might surface. He grew up the rebellious child of a high-ranking military officer, a Vietnam veteran who fought during the Tet offensive and was awarded the Silver and Bronze Stars. Coomer, brainy and restless, received an R.O.T.C. scholarship but it was rescinded because of his asthma. As a teenager and into his 20s, he considered himself a skinhead, but he was aligned with a faction who were opposed to racism. “To me, being skin is being proud that you have a shaved — at least short — hair,” he wrote in 1991.Coomer earned his Ph.D. in nuclear engineering from Berkeley in 1997 but grew disenchanted with academia. He started to fill more of his time with rock climbing and moved to Colorado. He summited Yosemite’s El Capitan several times and became well known enough among elite climbers that he landed a job at Planetoutdoors.com, which employed top athletes to answer customer questions. While he was there, he started writing code for the company. He continued climbing, until problems in his personal life slowed him down.In 2004, at age 34, he wrote on a climbing message board about his struggles with heroin and cocaine and how much they had damaged his life. By then, he was on the verge of bankruptcy, had lost his marriage and had ended up in prison after being charged with several counts of driving under the influence. “Another bout of dry heaves racked my body as I lay on the cold cement floor of the jail cell,” he wrote. “Jail is no picnic under the best of circumstances — being in jail while withdrawing from heroin is absolutely the worst I can imagine.”In 2005 he managed to stop using heroin for good. “I stayed with a friend for a week and told him to take my shoes and my wallet,” Coomer told me. Three months later, while he was still in withdrawal, he received a cold call from someone asking if he would consider doing programming work for Sequoia, the voting-machine company whose assets Dominion purchased five years later.Soon, he was channeling the same obsessive focus he had for climbing into the voting-machine business, its obscure state laws and county regulations, its competing and complicated demands for privacy, security, access and verifiability. “I fell in love with the election business,” Coomer said. “There’s no money in it, and you only ever hear from people complaining about what went wrong. But it felt meaningful.”Eric Coomer from Dominion Voting Systems demonstrating his company’s touch-screen tablet, which produces a paper ballot, in Grovetown, Ga. Bob Andres/The Atlanta Journal-Constitution, via Associated PressIn 2016, Coomer was on Facebook when he came across a few posts from a relative referring to Barack Obama as a Muslim born in Kenya. Coomer was appalled that one of his own family members was spreading disinformation, but instead of confronting his cousin directly, he poured all his disgust and disappointment into a 200-word anti-Trump screed that he posted on Facebook. “It was not intended for the general public,” Coomer said. “It was a lashing out.” Years later, after the death of George Floyd, Coomer posted links to a punk band singing “Pigs for Slaughter” and a hip-hop song called “Cop Shot.” (On his podcast, Oltmann highlighted Coomer’s linking to both songs.)About a year before the 2020 election, Coomer was part of several conversations among Dominion employees about how to balance their right to express themselves with the sensitivities specific to their industry. Dominion also searched through its employees’ social media accounts, checking for comments or tweets that might reflect poorly on the company. No one ever raised any concerns with Coomer about his posts, because his posts were available only to his Facebook friends.On Friday, Nov. 13, the right-wing news outlet the Gateway Pundit, picking up on Oltmann’s podcast, ran a story that mentioned Coomer by name in the headline, included links to videos in which Coomer was talking about election security, and ran a full reprint of the open letter about antifa that he had reposted on Facebook. While most of that letter was uncontroversial — “Antifa supports and defends the right of all people to live free from oppressive abuse of power” — one line concluded that while nonviolent protest was preferable, “we cannot and will not take responsibility for telling people how they are allowed to be righteously outraged.” The letter also called for President Trump and Vice President Pence to resign, although “Nancy Pelosi isn’t a great deal of improvement.” (Coomer says he considered the letter satirical.) As soon as the Gateway Pundit article ran, Coomer knew he no longer could hope, realistically, that his name would recede from the news.Later that evening, Poulos asked Coomer to join a call with Gabriel Sterling, the chief operating officer for the Georgia secretary of state. Sterling met Coomer in 2019, when Dominion won a contract to help Georgia upgrade its voting machines. Someone had forwarded Sterling an article — possibly the one in the Gateway Pundit, he says — that featured the Facebook posts as well as Oltmann’s claim about Coomer rigging the election. “My gut told me it was crap to begin with, but I had to ask the question,” Sterling says.Yes, Coomer told both men, I did write or repost those things; no, it has never affected my work. No, I never was on an antifa phone call. No, I never said that I would interfere in the election in any way. Sterling — who considered Coomer “one of the best” in the business — told Coomer that those postings, especially the one about antifa, were “a dumb-ass thing to do.” Coomer sounded deflated to Sterling. Coomer says it was “excruciating” to realize that Sterling’s reputation might suffer.When they hung up the phone, Poulos made it clear that he found the situation deeply problematic. Coomer began to fear he might lose his job but became defiant. “I was like — ‘I don’t know, First Amendment?’” Coomer told me. Dominion, he reminded Poulos, had done nothing wrong; he had done nothing wrong. “My attitude was: This is bullshit. I’ve never done anything but try to make the whole process more transparent and auditable and free and fair.”Election officials who knew Coomer were surprised that he would express his political views so bluntly. “It’s not what we do in this industry,” says Masterson, the election-security adviser in the Trump administration. “Generally, this community is very tough on people who don’t toe that line.” Masterson considered the misstep an anomaly for Coomer, someone he had known for about a decade. “He was serious about his job,” Masterson said. “I never encountered him as being anything other than professional and making the system as good as he could.”The posts also pained Jennifer Morrell, a founder of the Elections Group, a company that helps counties and states comply with voting regulations. “It didn’t look good,” she said. “And that’s the frustrating part. I know this individual to be a really decent person who cares a lot about democracy and getting things right and transparency — and you read something like that, and it is a really hard thing to get past, for critics.” Morrell, who came to know Coomer through a Colorado working group intended to improve the state’s audit system, described him as “irreverent” but clearly ethical; the posts, she said, did not reflect the person she knew.Coomer was hardly the first person to seek the rush of righteous self-expression on social media, only to discover the long-lasting costs later. He spent a lot of time wondering how Oltmann got his hands on those posts. Had a political operative been doing opposition research on various election officials, keeping it at the ready, depending on the election results? Coomer, a self-described motorhead with an interest in vintage cars, started to think the source might have been a Facebook friend he made at Bandimere Speedway, a racetrack he sometimes visited. The racetrack had hosted a meeting organized by a local businessman who was starting to make a name for himself in Colorado politics, Joe Oltmann. Joe Oltmann of “The Conservative Daily Podcast.” Oltmann displayed screenshots of Coomer’s Facebook posts on his show.Conservative Daily Podcast, via YouTubeIf Eric Coomer’s life changed on Nov. 9, so did Joe Oltmann’s. On his follow-up podcast the next day, Oltmann told his audience that he had good news. “I have been in touch with someone who has put us in touch with the Trump attorneys,” he said.That week, Oltmann spoke to Jenna Ellis, a Trump campaign lawyer who frequently appeared with Giuliani to promote lawsuits to challenge the election results. She told him that he should prepare a notarized affidavit of his allegations, which he did with help from the lawyer and conservative radio host Randy Corporon. That Saturday, Corporon invited Oltmann on his radio show, and Representative Lauren Boebert, a Republican from Colorado, called in to talk about the election. She thanked Oltmann for his work.Before the election upended his life, Oltmann was the chief executive of PIN Business Network, a digital-marketing company that he founded, which had about 60 employees. The co-owner of a gun shop, he was politically conservative and community-minded — a member of the United Way Tocqueville Society and a board member for a nonprofit group that assists refugees. (Oltmann asked that I not name the organization, though it confirmed his association. He also rejects the label “conservative” despite the name of his podcast.) The arrival of the coronavirus pandemic marked his move into a more public role: In the spring of 2020, he helped start the Reopen Colorado movement, which organized anti-lockdown protests. People were struggling as others were “throwing the Constitution in the trash,” he told me. He began giving impassioned interviews about the public-health measures imposed by the state’s governor, Jared Polis.By that October, following the 2020 summer of protests, he had founded a nonprofit group, FEC United, intended, its website says, “to defend the foundation of our American Way of Life through the pillars of Faith, Education and Commerce.” FEC formed a partnership with a group known as the United American Defense Force, which, the site explains, offers “protection and support when first responders are unwilling or unable to fulfill their civic duties.” Oltmann characterizes it as a humanitarian group, though he added in an email, “We are all armed.” At one early FEC event, a so-called Patriot Muster, a Trump supporter assaulted and pepper-sprayed a security guard, who shot and killed him. (The guard was charged with second-degree murder and has pleaded not guilty.)The Coomer story took Oltmann from the small world of right-wing politics in Colorado into broader Republican circles. The same week that he spoke to Jenna Ellis, Oltmann gave an interview about Coomer to Michelle Malkin, a former Fox contributor in Colorado who had joined the even-further-right network, Newsmax.Around this time, Oltmann began developing his theory of how a voting system could allow for fraud, which he later explained at length in a film called “The Deep Rig”: Someone could manipulate the system in various ways to allow for the possibility of adding fake or phantom ballots, which could be entered into the tabulation system. Real ballots would be replaced with the fake ones without a history of that happening. “It’s clear from the video that Joe Oltmann does not understand how elections are conducted or how the technology works,” says Morrell, who said some of what Oltmann proposed would require a widespread effort of workers from both parties colluding to bypass some key systems.Thanks to Oltmann and others, the conviction that Dominion had helped rig the election for Joe Biden seemed to solidify among some of Trump’s most loyal supporters. On Thursday, Nov. 12, One America News Network, also known as OAN, ran a story about Dominion. Shortly after that, Trump retweeted: “REPORT: DOMINION DELETED 2.7 MILLION TRUMP VOTES NATIONWIDE,” the first of many times Trump went to Twitter to attack Dominion. Five days later, an OAN correspondent, Chanel Rion, tweeted out Oltmann’s claims about what Coomer supposedly said on that antifa phone call. Then, just eight days after Oltmann first mentioned Coomer on his podcast, Eric Trump broadcast it to its widest audience yet. “Trump’s not gonna win. I made f**ing sure of that!” Eric Trump tweeted, above a photo of Coomer and a link to another Gateway Pundit article that called Coomer, in its headline, “an unhinged sociopath.” (Lawyers for Malkin, Rion, OAN and the Trump campaign, each a defendant in the Coomer lawsuit, did not respond to requests for comment. Lawyers for the Gateway Pundit, another Coomer defendant, declined to comment.)Rion later invited Oltmann on her show to discuss his claims, and the segment became one of OAN’s highest rated clips, amassing 1.5 million views on YouTube. By then, Eric Coomer’s name started trending on Twitter, along with #ArrestEricCoomer.On Nov. 19, Poulos, sitting in his office at his home in Toronto, turned on a small television to watch a news conference happening at the Republican National Committee headquarters, which Rudy Giuliani and Sidney Powell were hosting. He knew that Giuliani and Powell had each separately accused Dominion of wrongdoing on Fox News and on right-wing news sites; but he dreaded hearing his company’s name at an event that seemed to have the full legitimacy of the R.N.C. behind it.After half an hour of watching the event at the R.N.C., what Poulos had feared came to pass: Giuliani referenced hacking “being done by a company that specializes in voter fraud,” then turned the microphone over to Sidney Powell. Powell listed a series of implausible claims about Dominion in deadpan, lawyerly tones, pushing up a sleeve of her leopard-print cardigan as if to show she had real work to do. She spoke of “the massive influence of communist money through Venezuela, Cuba and likely China” on Dominion’s operations.Poulos says that while he watched, he was in such a state of disbelief that he had to remind himself that what he was seeing was real and not part of a nightmare. “Oh, my God!” he screamed. “I can’t believe what’s going on!” He yelled so loudly that his wife and two teenage children came running into his home office. They found him there, beside himself, crying. His children had never seen him remotely emotional about his work; now they stared, shocked and mute. Poulos felt anger toward Giuliani and Powell for using their power to spread false information. He also felt some sympathy for those voters, disappointed by their candidate’s loss, who would inevitably be eager to believe what they were hearing from people so close to the president. The way many people felt watching the insurrection on Jan. 6, Poulos told me, was how he felt during that news conference. “It was an assault on democracy,” he says.Powell mentioned Coomer by name, embellishing Oltmann’s story by claiming that there was an actual recording of Coomer on the antifa call. Giuliani brought Coomer up as well. “By the way, the Coomer character, who is close to antifa, took off all of his social media. Aha! But we kept it. We’ve got it. The man is a vicious, vicious man,” Giuliani said. The room where he was speaking was, from all reports, hot and airless; Giuliani was sweating. Brown liquid started snaking down both sides of his face. “He wrote horrible things about the president,” Giuliani continued. “He is completely warped. And he specifically says that they’re going to fix this election. I don’t know what you need to wake you up to do your job!”When Coomer watched the news conference, he started sweating and shaking; he thought he might vomit. Already, earlier that week, he had met with security officials that Dominion hired, who told him it was not safe for him to go home. The day before the news conference, he had gone back to Colorado, where he had arranged to stay at a friend’s cabin in the mountains.‘People were essentially taking bets on how my brother’s corpse would be found and which nefarious shadow group would be behind his death.’Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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    Dominion Accuses Newsmax and One America News of Defamation in Suit

    Dominion Voting Systems, an election technology company that became a target of a baseless pro-Trump conspiracy theory about rigged voting machines, sued the right-wing television networks Newsmax and One America News on Tuesday, accusing them of defamation.Dominion, which also sued Fox News this year, argued in the filings that both channels served as platforms for flagrant falsehoods that devastated its reputation.“The defendants named show no remorse, nor any sign they intend to stop spreading disinformation,” Dominion’s chief executive, John Poulos, said in a statement. “We have no choice but to seek to hold those responsible to account.”Dominion is seeking $1.6 billion in damages from each network. The company also sued Patrick Byrne, the former chief executive of Overstock.com, who has publicly accused Dominion of rigging votes to ensure that President Donald J. Trump would not be re-elected. Mr. Byrne also falsely portrayed Dominion as linked to Hugo Chávez, the long-dead Venezuelan president.Dominion had previously sued Mr. Trump’s lawyers Rudolph Giuliani and Sidney Powell for defamation, along with Mike Lindell, the chief executive of MyPillow and another Trump partisan who has relentlessly spread conspiracy theories about the 2020 election. Fox News has filed a motion to dismiss the Dominion suit.Newsmax, which is owned by Christopher Ruddy, a Trump confidant, responded in a statement on Tuesday: “Newsmax simply reported on allegations made by well-known public figures, including the president, his advisers and members of Congress. Dominion’s action today is a clear attempt to squelch such reporting and undermine a free press.”Representatives for One America News did not immediately respond to a request for comment. More

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    Trump Pressed Rosen to Wield Justice Dept. to Back 2020 Election Claims

    The former president began pressuring his incoming acting attorney general even before announcing that his predecessor was stepping down, emails show.WASHINGTON — An hour before President Donald J. Trump announced in December that William P. Barr would step down as attorney general, the president began pressuring Mr. Barr’s eventual replacement to have the Justice Department take up his false claims of election fraud.Mr. Trump sent an email via his assistant to Jeffrey A. Rosen, the incoming acting attorney general, that contained documents purporting to show evidence of election fraud in northern Michigan — the same claims that a federal judge had thrown out a week earlier in a lawsuit filed by one of Mr. Trump’s personal lawyers.Another email from Mr. Trump to Mr. Rosen followed two weeks later, again via the president’s assistant, that included a draft of a brief that Mr. Trump wanted the Justice Department to file to the Supreme Court. It argued, among other things, that state officials had used the pandemic to weaken election security and pave the way for widespread election fraud.The draft echoed claims in a lawsuit in Texas by the Trump-allied state attorney general that the justices had thrown out, and a lawyer who had helped on that effort later tried with increasing urgency to track down Mr. Rosen at the Justice Department, saying he had been dispatched by Mr. Trump to speak with him.The emails, turned over by the Justice Department to investigators on the House Oversight Committee and obtained by The New York Times, show how Mr. Trump pressured Mr. Rosen to put the power of the Justice Department behind lawsuits that had already failed to try to prove his false claims that extensive voter fraud had affected the election results.They are also the latest example of Mr. Trump’s frenzied drive to subvert the election results in the final weeks of his presidency, including ratcheting up pressure on the Justice Department. And they show that Mr. Trump flouted an established anticorruption norm that the Justice Department acts independently of the White House on criminal investigations or law enforcement actions, a gap that steadily eroded during Mr. Trump’s term.The documents dovetail with emails around the same time from Mark Meadows, Mr. Trump’s chief of staff, asking Mr. Rosen to examine unfounded conspiracy theories about the election, including one that claimed people associated with an Italian defense contractor were able to use satellite technology to tamper with U.S. voting equipment from Europe.Mr. Trump in June 2020. The president emailed Mr. Rosen via his assistant, sending documents that purported to show election fraud.Doug Mills/The New York TimesMuch of the correspondence also occurred during a tense week within the Justice Department, when Mr. Rosen and his top deputies realized that one of their peers had plotted with Mr. Trump to first oust Mr. Rosen and then to try to use federal law enforcement to force Georgia to overturn its election results. Mr. Trump nearly replaced Mr. Rosen with that colleague, Jeffrey Clark, then the acting head of the civil division.Mr. Rosen made clear to his top deputy in one message that he would have nothing to do with the Italy conspiracy theory, arrange a meeting between the F.B.I. and one of the proponents of the conspiracy, Brad Johnson, or speak about it with Rudolph W. Giuliani, Mr. Trump’s personal lawyer.“I learned that Johnson is working with Rudy Giuliani, who regarded my comments as an ‘insult,’” Mr. Rosen wrote in the email. “Asked if I would reconsider, I flatly refused, said I would not be giving any special treatment to Giuliani or any of his ‘witnesses’, and reaffirmed yet again that I will not talk to Giuliani about any of this.”Mr. Rosen declined to comment. A spokesman for Mr. Trump could not immediately be reached for comment.The documents “show that President Trump tried to corrupt our nation’s chief law enforcement agency in a brazen attempt to overturn an election that he lost,” said Representative Carolyn B. Maloney, a New York Democrat who is the chairwoman of the House Oversight Committee.Ms. Maloney, whose committee is looking into the events leading up the Jan. 6 storming of the Capitol by a pro-Trump crowd protesting the election results, including Mr. Trump’s pressure on the Justice Department, said she has asked former Trump administration officials to sit for interviews, including Mr. Meadows, Mr. Clark and others. The House Oversight Committee requested the documents in May as part of the inquiry, and the Justice Department complied.The draft brief that Mr. Trump wanted the Justice Department to file before the Supreme Court mirrored a lawsuit that Attorney General Ken Paxton of Texas had filed to the court, alleging that a handful of battleground states had used the pandemic to make unconstitutional changes to their election laws that affected the election outcome. The states argued in response that Texas lacked standing to file the suit, and the Supreme Court rejected the case.The version of the lawsuit that Mr. Trump wanted the Justice Department to file made similar claims, saying that officials in Georgia, Michigan, Wisconsin, Arizona, Nevada and Pennsylvania had used the pandemic to unconstitutionally revise or violate their own election laws and weaken election security.To try to prove its case, the lawsuit relied on descriptions of an election monitoring video that appeared similar to one that Republican officials in Georgia rejected as doctored, as well as the debunked notion, promoted by Mr. Trump, that machines made by Dominion Voting Systems had been hacked.Eager to speak with Mr. Rosen about the draft Supreme Court lawsuit, a lawyer named Kurt Olsen, who had advised on Mr. Paxton’s effort, tried unsuccessfully to reach him multiple times, according to emails sent between 11 a.m. and 10 p.m. on Dec. 29 and obtained by the House Oversight Committee investigators.Mr. Olsen first reached out to Jeffrey B. Wall, the acting solicitor general who would have argued the brief before the Supreme Court. “Last night the President directed me to meet with AG Rosen today to discuss a similar action to be brought by the United States,” Mr. Olsen wrote. “I have not been able to reach him despite multiple calls/texts. This is an urgent matter.”Mr. Rosen’s chief of staff, John S. Moran, told Mr. Olsen that the acting attorney general was busy with other business at the White House. About an hour later, Mr. Olsen drove from Maryland to Washington “in the hopes of meeting” with Mr. Rosen at the Justice Department, the emails show.When Mr. Olsen could not get through to Mr. Rosen or Mr. Moran, he called an employee in the department’s antitrust division, according to the documents.The emails do not make clear whether Mr. Olsen met with Mr. Rosen, but a person who discussed the matter with Mr. Rosen said that a meeting never occurred. Rather, Mr. Olsen eventually cold-called the official’s private cellphone and was politely rebuffed, the person said, requesting anonymity because the matter is part of an ongoing investigation.Mr. Olsen provided more fodder for his case in an email sent later that night to Mr. Moran, saying that it was at Mr. Rosen’s request.On the day that Mr. Trump announced that Mr. Rosen would be the acting attorney general, he wanted him to look at materials about potential fraud in northern Michigan, according to an email obtained by the committee. That fraud claim had been the subject of a lawsuit filed by the former Trump adviser Sidney Powell, who argued that Dominion voting machines had flipped votes from Mr. Trump to Joseph R. Biden Jr.The state’s Republican clerk had said that human error was to blame for mistakes there that initially gave more votes to Mr. Biden, and a hand recount at the county level conducted in December confirmed that the machines had worked properly.A federal judge threw out Ms. Powell’s lawsuit on Jan. 7, saying that it was based on “nothing but speculation and conjecture.” She has been accused of defamation in a lawsuit by Dominion in part because of the Michigan claims.Mr. Rosen is in the process of negotiating to give a single interview with investigators from the House Oversight Committee, the Senate Judiciary Committee and others who are looking into the final days of the Trump administration; and he has asked the Justice Department’s current leaders to sort what he can and cannot say about the core facts that involve meetings at the Oval Office with Mr. Trump, which could be privileged.Mr. Rosen met with department officials and spoke with Mr. Trump’s representatives within the last week to discuss these matters, according to a person briefed on the meetings. If the parties cannot come to an agreement, the issue could be thrown into court, where it most likely would languish for months, if not years. More

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    Fox News Files to Dismiss Dominion's Lawsuit Over 2020 Election Coverage

    Fox News Media, the Rupert Murdoch-controlled cable group, filed a motion on Tuesday to dismiss a $1.6 billion defamation lawsuit brought against it in March by Dominion Voting Systems, an election technology company that accused Fox News of propagating lies that ruined its reputation after the 2020 presidential election.The Dominion lawsuit and a similar defamation claim brought in February by another election company, Smartmatic, have been widely viewed as test cases in a growing legal effort to battle disinformation in the news media. And it is another byproduct of former President Donald J. Trump’s baseless attempts to undermine President Biden’s clear victory.In a 61-page response filed in Delaware Superior Court, the Fox legal team argues that Dominion’s suit threatened the First Amendment powers of a news organization to chronicle and assess newsworthy claims in a high-stakes political contest.“A free press must be able to report both sides of a story involving claims striking at the core of our democracy,” Fox says in the motion, “especially when those claims prompt numerous lawsuits, government investigations and election recounts.” The motion adds: “The American people deserved to know why President Trump refused to concede despite his apparent loss.”Dominion’s lawsuit against Fox News presented the circumstances in a different light.Dominion is among the largest manufacturers of voting machine equipment and its technology was used by more than two dozen states last year. Its lawsuit described the Fox News and Fox Business cable networks as active participants in spreading a false claim, pushed by Mr. Trump’s allies, that the company had covertly modified vote counts to manipulate results in favor of Mr. Biden. Lawyers for Mr. Trump shared those claims during televised interviews on Fox programs.“Lies have consequences,” Dominion’s lawyers wrote in their initial complaint. “Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process.” The lawsuit cites instances where Fox hosts, including Lou Dobbs and Maria Bartiromo, uncritically repeated false claims about Dominion made by Mr. Trump’s lawyers Rudolph W. Giuliani and Sidney Powell.A representative for Dominion, whose founder and employees received threatening messages after the negative coverage, did not respond to a request for comment on Tuesday night.Fox News Media has retained two prominent lawyers to lead its defense: Charles Babcock, who has a background in media law, and Scott Keller, a former chief counsel to Senator Ted Cruz, Republican of Texas. Fox has also filed to dismiss the Smartmatic suit; that defense is being led by Paul D. Clement, a former solicitor general under President George W. Bush.“There are two sides to every story,” Mr. Babcock and Mr. Keller wrote in a statement on Tuesday. “The press must remain free to cover both sides, or there will be a free press no more.”The Fox motion on Tuesday argues that its networks “had a free-speech right to interview the president’s lawyers and surrogates even if their claims eventually turned out to be unsubstantiated.” It argues that the security of Dominion’s technology had been debated in prior legal claims and media coverage, and that the lawsuit did not meet the high legal standard of “actual malice,” a reckless disregard for the truth, on the part of Fox News and its hosts.Media organizations, in general, enjoy strong protections under the First Amendment. Defamation suits are a novel tactic in the battle over disinformation, but proponents say the strategy has shown some early results. The conservative news outlet Newsmax apologized last month after a Dominion employee, in a separate legal case, accused the network of spreading baseless rumors about his role in the election. Fox Business canceled “Lou Dobbs Tonight” a day after Smartmatic sued Fox in February and named Mr. Dobbs as a co-defendant.Jonah E. Bromwich More

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    ‘We Can’t Indulge These Insane Lies’: Arizona G.O.P. Split on Vote Audit

    Top local Republicans are hitting back at Donald J. Trump and fellow party members in the State Senate over a review of Arizona ballots.For weeks, election professionals and Democrats have consistently called the Republican-backed review of November voting results in Arizona a fatally flawed exercise, marred by its partisan cast of characters and sometimes bizarre methodology.Now, after a week in which leaders of the review suggested they had found evidence of illegal behavior, top Republicans in the state’s largest county have escalated their own attacks on the effort, with the county’s top election official calling former President Donald J. Trump “unhinged” for his online comments falsely accusing the county of deleting an elections database.“We can’t indulge these insane lies any longer,” the official, Stephen Richer, the Maricopa County recorder and a Republican, wrote on Twitter. “As a party. As a state. As a country. This is as readily falsifiable as 2+2=5.”Three times, the county has investigated and upheld the integrity of the November vote, which was supervised by Mr. Richer’s predecessor, a Democrat.It is not the first time Republicans in county government have been at odds with the Republicans in the Legislature over the review of the vote. But Mr. Richer is among various Republicans in Maricopa County sounding like they have run out of patience.The five elected supervisors, all but one of whom are Republicans, plan to meet on Monday afternoon to issue a broadside against what Republican sponsors in the State Senate have billed as an election audit, which targets the 2.1 million votes cast in November in metropolitan Phoenix and outlying areas. The planned meeting follows a weekend barrage of posts on Twitter, with the hashtag #RealAuditorsDont, in which the supervisors assailed the integrity of the review.Those posts followed a letter from the leader of the audit, State Senator Karen Fann, implying that the county had removed “the main database for all election-related data” from election equipment that had been subpoenaed for review. Mr. Trump later published the letter on his website, calling it “devastating” evidence of irregularities.The supervisors’ Twitter rebuke was scathing. Real auditors don’t “release false ‘conclusions’ without understanding what they are looking at,” one post said, ridiculing the allegation of a deleted database. Nor do real auditors “hire known conspiracy theorists,” a reference to the firm hired to manage the review, whose chief executive has promoted theories that rigged voting machines caused Mr. Trump’s loss in Arizona.The Arizona Senate president, Karen Fann, has defended the ballot review. Ross D. Franklin/Associated PressJack Sellers, the Republican chairman of the board of supervisors, issued a statement calling the suggestion that files were deleted “outrageous, completely baseless and beneath the dignity of the Arizona Senate,” which ordered the audit. In an interview, he said the meeting on Monday would refute claims in the letter from Ms. Fann, the Senate president.“Basically, every one of our five supervisors said, ‘Enough is enough,’” Mr. Sellers said in an interview on Sunday. “What they’re suggesting is not just criticism. They’re saying we broke the law. And we certainly did not.”The real target of the accusations, he said in the interview, “are the professionals who run the elections, people who followed the rules and who did an incredible job in the middle of a pandemic.“A lot of the questions being asked right now have been answered,” he said of those challenging the November results. “But the people asking them don’t like the answers, so they keep on asking.”At issue is the Maricopa County vote. But Ms. Fann’s letter raises the prospect that an exercise dismissed by serious observers as transparently partisan and flawed could become a potent weapon in the continuing effort by Mr. Trump and his followers to undermine the legitimacy of the vote in Arizona, and perhaps elsewhere.The review has no formal electoral authority and will not change the results of the election in Arizona, no matter what it finds.One poll by High Ground, a Phoenix firm well known for its political surveys, concluded this spring that 78 percent of Arizona Republicans believe Mr. Trump’s false claims that President Biden did not win the November election. A recent Monmouth University poll found that almost two-thirds of Republicans nationally believe that Mr. Biden did not legitimately win the 2020 election. More than six in 10 Americans overall believe that he did.Beyond the dispute over supposedly deleted files, Ms. Fann is also pressing the county and the manufacturer of its voting machines, Dominion Voting Systems, to release passwords for vote tabulating machines and county-operated internet routers.Dominion, which has been fighting a series of election-fraud conspiracy theories promoted by Trump supporters and pro-Trump news outlets, has said it will cooperate with federally certified election auditors. But it has spurned the firms hired to conduct the Arizona vote review, whose track record in election audits is scant at best.Maricopa County officials have refused to turn over router passwords, which the auditors say they need to determine whether voting machines were connected to the internet and subject to hacking. County officials say past audits have settled that question. The county sheriff, Paul Penzone, called the demand for passwords “mind-numbingly reckless,” saying it would compromise law enforcement operations unrelated to the election.The review has no formal electoral authority and will not change the results of the election in Arizona, no matter what it finds.Pool photo by Matt YorkThe election review was born in December as an effort by Republican senators to placate voters who had embraced Mr. Trump’s lie that Mr. Biden’s 10,457-vote victory in the state was a fraud. Maricopa County, where two-thirds of the state’s votes were cast, was chosen in part because Republicans refused to believe that Mr. Biden had scored a 45,000-vote victory in a county that once was solid G.O.P. territory.What once seemed an effort to mollify angry supporters of Mr. Trump, however, has become engulfed in acrimony as Ms. Fann and other senators have steered the review in a decidedly partisan direction, hiring as its manager a Florida company, Cyber Ninjas, whose chief executive had previously suggested that rigged voting machines caused Mr. Trump’s Arizona loss.An accounting of the review’s finances remains cloudy, but far-right supporters, including the ardently pro-Trump cable news outlet One America News, have raised funds on its behalf. Nonpartisan election experts and the Justice Department have cited troubling indicators that the review is open to manipulation and ignores the most basic security guidelines.Most Arizona Republican officials who have spoken publicly have doggedly supported the review. But State Senator Paul Boyer, a Republican from a suburban Phoenix district evenly split between Republicans and Democrats, made headlines last week after saying that the conduct of the review made him embarrassed to serve in the State Senate.Senator T.J. Shope, another Republican from a Phoenix swing district, has been more circumspect, saying he believed Mr. Biden’s election was legitimate but that he had been too busy to follow the controversy. But in a Twitter post on Saturday, he wrote that Mr. Trump was “peddling in fantasy” by suggesting that the county’s election records had been nefariously deleted.The Maricopa County vote review has been forced to suspend operations this week while the Phoenix work site, a suburban coliseum, is cleared out to host high school graduations. Mr. Sellers, the chairman of the board of supervisors, said he hoped the supervisors’ effort to refute the review’s claims on Monday would be the end of the affair.“It’s clearer by the day: The people hired by the Senate are in way over their heads,” his statement said. “This is not funny; it’s dangerous.” More