Newsletter: Election Subversion Has Already Begun
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It was hardly surprising, given that he did the same thing four years ago, but former President Trump’s refusal to commit to accepting the election results ([link removed]) unless “everything’s honest” was a glaring reminder that his and his allies’ efforts to undermine trust in the vote has already started.

Of course, it didn’t really “start”; more accurately, it has continued, just as the election denial movement has for years now been adapting and changing its targets. For instance, the specter of votes being cast by non-citizens — already illegal in federal elections — has become a new conservative talking point ([link removed]) , with bills and ballot measures aimed at keeping voters primed to distrust the November results.

And while there have been important steps toward accountability for those ([link removed]) who sought to overturn ([link removed]) the 2020 results, conservative leaders continue to signal their disdain for accountability, whether by attending Trump’s hush money trial ([link removed]) in New York or by refusing themselves to commit to upholding democracy this fall.
* This week, Sen. Ron Johnson refused to pledge to accept the results ([link removed]) , saying, “We have to see exactly what happens."
* Sen. Marco Rubio also refused ([link removed]) to commit; Sen. Ted Cruz said he would “if the election is fair ([link removed]) .”
* The Washington Post reported ([link removed]) that several 2020 fake electors are “poised to serve again,” despite criminal investigations into their actions. “Their eagerness to serve … reflects a widespread belief among Republicans that the electors did nothing wrong in 2020.”


Meanwhile, a new ethics scandal is circling the Supreme Court with news that another Jan. 6–adjacent flag was flown outside a home of Justice Samuel Alito. The flag, the “Appeal to Heaven” flag, was also displayed by Jan. 6 rioters (and according to Rolling Stone ([link removed]) , it also was outside the home of conservative judicial activist and Supreme Court architect Leonard Leo in February.)
* The New York Times ([link removed]) previously reported that in January 2021, days before Biden’s inauguration and during the court’s consideration of a 2020 election case ([link removed]) , an upside-down flag ([link removed]) — another symbol used by insurrectionists and Trump allies who sought to overturn the results of the 2020 election — flew outside Alito’s home.

* The news has raised alarm about impartiality ([link removed]) , with experts ([link removed]) calling for ([link removed]) Alito to recuse himself from cases related to Trump and elections.

* There are two pending Supreme Court cases ([link removed]) associated with Jan. 6: One concerns Trump’s claims that he is immune from prosecution for his efforts to subvert the election, and the other will decide whether a certain obstruction charge can be used against insurrectionists.
* Earlier this year, Alito participated in the court’s ruling ([link removed]) that states could not bar Trump from the ballot using the “insurrection clause.”


The Supreme Court adopted its first ethics code ([link removed]) last year following reports of undisclosed luxury gifts and trips ([link removed]) — particularly those given to Justice Clarence Thomas ([link removed]) by billionaire Harlan Crow ([link removed]) . The code includes no method for enforcement ([link removed]) .
* Thomas, whose wife, Ginni Thomas ([link removed]) , was involved in efforts to reverse the 2020 election, has faced (and ignored ([link removed]) ) calls to recuse himself from Jan. 6 cases.
* We’ve been investigating Ginni Thomas’ connections ([link removed]) and influence in right-wing networks and their potential impact on Justice Thomas’ ethics decisions. Records we’ve obtained ([link removed]) have revealed her ties to the Trump administration and evidence of Justice Thomas’ contact with Florida Gov. Ron DeSantis ([link removed]) .

On the Records

Records Reveal Thousands of Heat Complaints in Texas Prisons
Documents obtained by American Oversight ([link removed]) and reported on by NPR ([link removed]) show that people incarcerated in Texas state prisons submitted more than 4,200 individual heat-related complaints between May and October 2023.
* NPR ([link removed]) ’s “All Things Considered” reported on the records, shortly after several advocacy organizations joined a lawsuit against the Texas Department of Criminal Justice arguing that the extreme heat in Texas prisons amounts to cruel and unusual punishment.
* The records show that inmates in TDCJ-run prisons filed 4,680 heat-related grievances between May and October 2023 — and highlight the complicated process for filing and elevating grievance complaints in Texas state prisons.


The records also include orientation videos for inmates and prison staff that include details about heat mitigation strategies.
* Several interventions suggested in the videos require purchases from the prison commissary ([link removed]) , such as electrolyte drinks, sunscreen, and cooling towels.
* Fans must also be purchased, but may be provided to inmates who cannot afford them “on a first come, first served basis,” one video states.
* Inmates in Texas state prisons are not paid for their labor ([link removed]) , a practice that is widely criticized ([link removed]) by advocacy groups.


Other Stories We're Following

Election Denial and Threats to Democracy
* Michigan county refused to certify vote, prompting fears of a growing election threat this fall (CBS News ([link removed]) )
* Rudy Giuliani and other Trump allies plead not guilty in Arizona (Washington Post ([link removed]) )
* Dem files ethics complaint against 2 GOP senators indicted as fake electors for Trump (Arizona Mirror ([link removed]) )
* Giuliani says he will stop accusing Georgia workers of election tampering (Washington Post ([link removed]) )


Voting Rights
* Cash-strapped election offices have fewer resources after bans on private grants (Daily Montanan ([link removed]) )
* In more than half of the states, voting this year will be harder than it was four years ago, new report finds (CNN ([link removed]) )
* Milwaukee election shakeup triggers doubts about whether new leader is ready to run 2024 vote (Votebeat ([link removed]) )
* Souls to the Polls Wisconsin ramps up calls for GOP official’s resignation (Wisconsin Public Radio ([link removed]) )
* Supreme Court allows disputed South Carolina voting map, a win for GOP (Washington Post ([link removed]) )
* Clarence Thomas makes a full-throated case for racial gerrymandering (Slate ([link removed]) )


LGBTQ Rights
* South Carolina governor signs into law ban on gender-affirming care for transgender minors (Associated Press ([link removed]) )
* Ohio Supreme Court allows temporary hold to continue on gender-affirming care ban for trans youth (Ohio Capital Journal ([link removed]) )
* In 75th lawsuit against Biden, Paxton sues to stop new gender identity guidelines for employers (Texas Tribune ([link removed]) )
* US Supreme Court won't hear Maryland school district gender identity case (Reuters ([link removed]) )


Abortion and Reproductive Rights
* DOJ sues anti-abortion groups, says patients were blocked from Ohio clinics (Washington Post ([link removed]) )
* Kansas providers challenge new ‘abortion survey’ law in court (Kansas Reflector ([link removed]) )
* Judge says South Carolina can enforce 6-week abortion ban amid dispute over when a heartbeat begins (Associated Press ([link removed]) )
* Nevada abortion rights groups submit signatures to advance ballot measure (NBC News ([link removed]) )
* Arguments heard in lawsuit seeking to invalidate Michigan abortion restrictions (Michigan Advance ([link removed]) )
* Louisiana Legislature approves bill classifying abortion pills as controlled dangerous substances (Associated Press ([link removed]) )
* Out-of-state abortion pill providers must stop advertising and sales in Arkansas, AG orders (Arkansas Advocate ([link removed]) )
* At five hour hearing, no one is happy with Texas Medical Board’s proposed abortion guidance (Texas Tribune ([link removed]) )
* ‘Meet Baby Olivia’: spate of new bills would require showing anti-abortion video in schools (Guardian ([link removed]) )


Threats to Education
* New criteria for Oklahoma textbooks asks for ‘traditional’ gender roles, reverence for religion (Oklahoma Voice ([link removed]) )
* Ryan Walters sets new rules for public comment ahead of Thursday's board meeting (Oklahoman ([link removed]) )
* VCU and George Mason to no longer require DEI courses for students (Axios ([link removed]) )


Civil Rights
* ‘How do you get hypothermia in a prison?’ Records show hospitalizations among Virginia inmates (Associated Press ([link removed]) )
* Judge lifts order that mandated Albuquerque stop throwing away homeless people’s belongings (ProPublica ([link removed]) )


Government Transparency and Public Records Law
* Gov. Murphy should veto public records bill, say mayors of N.J.’s two biggest cities (New Jersey Monitor ([link removed]) )
* Shasta County rescinds ordinance charging people to receive public records (Redding Record Searchlight ([link removed]) )
* Student media outlets could soon be exempted from public records fees (Louisiana Illuminator ([link removed]) )


Immigration
* Arizona Senate advances proposed ballot measure to let local police make border-crossing arrests (Associated Press ([link removed]) )
* Border vigilantes are blurring the lines of law enforcement (Texas Observer/Arizona Center for Investigative Reporting ([link removed]) )
* DOJ adds Oklahoma to the list of states it’s suing to block their immigration laws (Associated Press ([link removed]) )


Trump Accountability
* Unsealed motions in Trump’s Florida case suggest new evidence of possible obstruction (Washington Post ([link removed]) )
* For the women who accused the Trump campaign of harassment, it’s been more harassment (ProPublica ([link removed]) )
* Trump alumni raising millions for legal defenses while scouting for White House hires (Washington Post ([link removed]) )

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