News Roundup: ‘The Evidence Speaks for Itself’

The costly repercussions of the Wisconsin election investigation’s failure to meet its obligations under the state’s public records law — and the ongoing consequences of the partisan review itself — were thrown into stark relief this week.

On Wednesday, in our lawsuit seeking the release of public records from the Wisconsin Assembly’s Office of Special Counsel, the judge released a scathing opinion that not only removed the office’s out-of-state attorneys from the case for, among other things, making false statements and ignoring Wisconsin law; it also laid out the investigation’s months of inaction and its wasteful practices.

• “From August 30 through December 4, 2021, the evidence speaks for itself,” wrote Judge Frank Remington. “OSC accomplished nothing.” 
• In our investigation, we uncovered expense and personnel records showing that the number of people working for OSC more than doubled during that time, as did spending on salaries. Special Counsel Michael Gableman — whom Vos fired late last week — received an $11,000 monthly salary.
• Remington also brought an end to Gableman’s contempt proceedings. During a hearing on Tuesday, Remington noted that OSC’s lack of professionalism may have meant that records that should have been produced had been lost and likely nothing further could be gained by maintaining the contempt order.
• “In all candor, I was stunned by the bold wastefulness of OSC’s records practices,” Remington wrote in the opinion. And referring to the documents OSC did produce in the case, he also wrote, “To summarize: it would come as no surprise if OSC had simply emptied its trash into my office. Maybe that is what happened.”
• Read the full opinion here.

In the more than a year since the investigation was initiated by Assembly Speaker Robin Vos, the lies upon which its existence was predicated have only become further entrenched among election deniers. One such activist, Harry Wait — who was in repeated contact with Gableman throughout the course of the review — is now reportedly contesting Vos’ recent primary victory, saying that bogus absentee ballot requests he made in violation of election law prove the “ease of fraud.”

That challenge is a striking example of how the Big Lie isn’t just about the 2020 election — it’s also about the elections this year and in the future. Here are other headlines about the promotion of those lies across the country:

• Right-wing sheriffs’ groups ramp up drives to monitor U.S. midterm elections (Guardian)
• Another year, another high-profile voter-fraud summit goes bust (Washington Post)
• Michigan plot to breach voting machines points to a national pattern (Washington Post)
• Election deniers march toward power in key 2024 battlegrounds (Washington Post)
• Justice Department charges Missouri man with threatening Arizona election official (CNN)

Trump Accountability
Of course, the most vocal purveyor of election lies remains former President Trump. And the various investigations into his and his associates’ efforts to overturn his 2020 loss continue to steam ahead:

• Trump lawyer Rudy Giuliani testified before the grand jury in Fulton County, Ga., this week. A Colorado judge also ordered Jenna Ellis, who also served on Trump’s legal team, to testify as well.
• In the Justice Department’s investigation, federal prosecutors have subpoenaed the National Archives for White House documents. That grand jury also issued a subpoena to Trump White House lawyer Eric Herschmann.
• Meanwhile, former Vice President Pence said he’d consider testifying before the House Jan. 6 committee.
• The Washington Post reported that Trump-allied lawyers working to overturn the election “asked a forensic data firm to access county election systems in at least three battleground states” as part of an “effort to access voting equipment that was broader, more organized and more successful than previously reported.”

Trump’s inflammatory rhetoric hasn’t been limited to those investigations though — his attacks on law enforcement as well as on the judge who approved the Mar-a-Lago search warrant have unleashed a spate of threats and vitriol from his supporters, spurring warnings about the danger to the rule of law and the possibility of more violence. Other headlines about the investigation of Trump’s potential mishandling of classified documents are below:

• Trump is rushing to hire seasoned lawyers — but he keeps hearing ‘No’ (Washington Post)
• Judge may release affidavit in Trump search, but only after redaction (New York Times)
• FBI interviewed top White House lawyers about missing Trump documents (New York Times)
• Pence tells GOP to stop lashing out at FBI over Trump search (Associated Press)

The Coronavirus Pandemic
Citing a flawed pandemic response, CDC Director Rochelle Walensky called for sweeping changes to the agency’s culture and organization. Goals include more quickly and efficiently producing scientific data to respond to emergencies, making public health guidelines clearer, and better training and retaining staff. Other headlines:

• Biden administration will stop buying Covid-19 vaccines, treatments and tests as early as this fall, Jha says (CNN)
• First Lady Jill Biden tests positive for coronavirus (Washington Post) 
• HHS says it plans to extend Covid-19 public health emergency (Politico)
• Risk of ‘brain fog’ stays elevated two years after Covid, study finds (Stat News)

On the Records

Operation Lone Star
Records we obtained detail cost projections made by the Texas Military Department in March 2021, as the state prepared to launch Operation Lone Star, Gov. Greg Abbott’s anti-immigration border operation.  

• The documents contain multiple projections for March 14 through Aug. 31, 2021 — the first few months of the operation — that range from $31.8 million to $43.9 million, with projections for April, May, and June as high as $6.8 million.
• The records include letters from the governor’s office granting the military department’s funding requests throughout the period.
• Operation Lone Star, which has deployed thousands of troops to the border, has drained millions of taxpayer dollars. Previously, we obtained records from the Texas Department of Public Safety showing weekly costs for the operation of more than $2.4 million, and the Texas Tribune reported in April that total costs had grown to more than $2 billion per year. In July, Abbott announced an additional $30 million grant program for localities to fight border-related crime.

Other Stories We’re Following

In the States

• Students lose access to books amid ‘state-sponsored purging of ideas’ (Washington Post)
• Pennsylvania man arrested, accused of threatening to kill FBI agents (Washington Post)
• Youngkin plans trip to Michigan, repeats criticism of Justice Department (Washington Post)
• NC ban on abortion after 20 weeks can be enforced, judge rules (Raleigh News & Observer)
• Kansas plans to recount abortion amendment vote, despite proposal’s landslide defeat (Kansas City Star)
• DeSantis’ election police unit announces voter fraud cases (Associated Press)
• ‘Blatant abuse of power’: Ousted Florida prosecutor sues DeSantis over suspension (Politico)
• Federal judge temporarily blocks DeSantis’ ‘Stop WOKE’ law (Politico)

National News

• Immigration advocates sue LexisNexis over personal data (Associated Press) 
• A majority of Americans see an ‘invasion’ at the southern border, NPR poll finds (NPR) 
• NBA won’t play games on Election Day to encourage voter turnout (NPR)
• Inside America’s monkeypox crisis — and the mistakes that made it worse (Washington Post)
• A water crisis on the Colorado River is getting worse (NPR)
• Biden signs sweeping bill to tackle climate change, lower health-care costs (Washington Post)
• Allen Weisselberg, a top Trump executive, pleads guilty in tax scheme (New York Times)

Jan. 6

• Homeland Security watchdog Cuffari faces rebukes from lawmakers in missing texts case (Washington Post)
• ‘Now the real work begins’: Liz Cheney lost her election but vows to dig deeper into the Jan. 6 mission (New York Times)
• After Cheney’s loss, only two of the ‘Impeachment 10’ remain (New York Times)