Lowering the Barr yet again

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If you read nothing else today, please check out the Washington Post op-ed penned by the widely revered, newly retired Ben Ginsberg. Ginsberg served as the Republicans' top election lawyer for decades and makes no apologies for his political affiliation. But he does break with the party, and particularly with Donald Trump, on an issue he knows more about than almost anyone—voter fraud. His conclusion? Four decades of dedicated investigation have produced only extremely isolated incidents of voter fraud. It's time that the party faces this reality. Instead of blaming its failure to persuade voters on non-existent rampant fraud, it should invest time and effort into developing better candidates and a more inclusive platform. —Mindy Finn

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** 1. 'Substitute the United States for President Trump as defendant'
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That's literally what the Department of Justice requested in federal court yesterday, as it formally intervened in a defamation lawsuit brought by a woman who claims Donald Trump raped her more than two decades ago. What's the upshot? DOJ lawyers would be directly aiding Trump's defense, and taxpayers would be on the hook for any potential damages. What could be more Trumpy than that? ([link removed])
* — Trump was "acting within the scope of his office as President of the United States" when he denied during interviews in 2019 that he had raped journalist E. Jean Carroll in a New York City department store, DOJ lawyers asserted in filings made in federal court in Manhattan. Carroll sued Trump over that denial in November. ([link removed])
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* — The maneuver removes the case—at least for now—from state court in New York, where a judge last month had rejected Trump's bid for a delay and put Carroll back on course to seek a DNA sample and an under-oath interview from the president. It also opens up the possibility that the government will claim "sovereign immunity," which gives government employees broad protection from lawsuits. ([link removed])
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* — The DOJ has previously intervened in lawsuits in which Trump has personally sued those who are investigating him and seeking to get information on his private finances. What will happen next in this case is unclear. A federal judge will first have to consider whether to grant the request to make the U.S. government the defendant in the case. —The Washington Post ([link removed])

MORE: Collinson: Trump intensifies assault on rule of law as he fights for re-election —CNN ([link removed])


** 2. Krastev: Why strongmen hate the coronavirus
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"Why are authoritarian leaders who thrive on crises and who are fluent in the politics of fear reluctant to embrace the opportunity? Why do they seem to hate a crisis that they should love? The answer is straightforward: Authoritarians only enjoy those crises they have manufactured themselves. They need enemies to defeat, not problems to solve. The freedom authoritarian leaders cherish most is the freedom to choose which crises merit a response. It is this capacity that allows them to project an image of Godlike power." —The New York Times ([link removed])

Ed. Note: Ivan Krastev is a permanent fellow at the Institute for Human Sciences and the author of "Is It Tomorrow Yet?: Paradoxes of the Pandemic."

MORE: 'Play it down': Trump admits to concealing the true threat of coronavirus in new Woodward book —CNN ([link removed])


** 3. DHS: White supremacy 'most lethal' threat to US
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A soon-to-be-released Department of Homeland Security final threat assessment for 2020 is expected to state that white supremacists will remain the most "persistent and lethal threat" through 2021. ([link removed])
* — Three different drafts of the assessment have been published, each one with its own wording in how it addresses the threat of white supremacy. Though the final report has not been released, all three drafts state that white supremacist extremists are the deadliest threat. ([link removed])
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* — "We judge that ideologically motivated lone offenders and small groups will pose the greatest terrorist threat to the Homeland through 2021, with white supremacist extremists presenting the most lethal threat," the DHS report states. ([link removed])
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* — The report also addresses Russia, saying, "Russia probably will be the primary covert foreign influence actor" in the country in the future. The report states that while undermining the U.S. electoral process is its top priority, Russian disinformation may inspire acts of violence in the country. —CNN ([link removed])

MORE: Proud Boys seen in video attacking protester with bat at Oregon rally —The Daily Beast ([link removed])


** 4. The latest in voting
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For all of the attention on vote-by-mail this year, perhaps 60 million ballots are likely to be cast in person this fall, either early or on Election Day. Unnerved by the challenges of voting amid a pandemic, President Trump's relentless criticism of mail-in ballots, the breakdowns at the Postal Service, and the relatively high rate of rejections of mailed-in ballots, state and local election officials across the country are racing to rethink and reinforce polling sites. That means amping up efforts to hire and train poll workers; integrating stadiums, arenas, and malls into their voting options; and coming up with contingency plans if there's a surge in coronavirus cases in the fall. —The New York Times ([link removed])
* — Georgia. Georgia's Secretary of State Brad Raffensperger reported yesterday that 1,000 people voted twice in the state's June primary—something Trump recommended to voters in North Carolina last week—by mailing in an absentee ballot and then voting in person. "Every double voter will be investigated thoroughly," he said, threatening felony prosecutions and saying they know "exactly what they are doing." Raffensperger mentioned only one person his office knew of who deliberately went in person to a polling place for malign reasons after casting a ballot by mail. —NPR ([link removed])

* — Maine. Ranked-choice voting is back on in Maine. Sort of. A state Supreme Judicial Court decision yesterday cleared the way for state election officials to print RCV ballots for the presidential election. However, it's still unclear whether the voting system will actually be used in that contest, as a previous judge's decision, which would have prevented it from being used, is on hold during an appeal. —Star Tribune ([link removed])
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* — Pennsylvania. State officials are warning Pennsylvanians about robocalls that tell people that if they vote by mail-in ballot, their personal information will be given to law enforcement agencies and credit card companies, and the info will be used to arrest people and collect debts. A similar scam was recently reported in Michigan. "These false, targeted robocalls are another desperate tactic to scare eligible Americans from participating in the election," Attorney General Shapiro said. "Don't listen to their lies—vote." —CBS News ([link removed])

MORE: Here's how states have changed the rules around voting amid the coronavirus pandemic —ABC News ([link removed])


** 5. Ginsberg: My party is wrong on voting
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"The president's rhetoric has put my party in the position of a firefighter who deliberately sets fires to look like a hero putting them out. Republicans need to take a hard look before advocating laws that actually do limit the franchise of otherwise qualified voters. Calling elections 'fraudulent' and results 'rigged' with almost non-existent evidence is antithetical to being the 'rule of law' party." — ([link removed]) The Washington Post ([link removed])

Ed. Note: Benjamin Ginsberg practiced election law for 38 years. He co-chaired the bipartisan 2013 Presidential Commission on Election Administration.
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** 6. The Pentagon pushes back
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In case you missed it, President Trump made a startling accusation to White House reporters on Monday, stating that "the top people in the Pentagon" don't like him "because they want to do nothing but fight wars so that all of those wonderful companies that make the bombs and make the planes and make everything else stay happy." ([link removed])
* — Trump's relationship to the military is currently under intense scrutiny. The Atlantic reported last week that he has disparaged U.S. service members as "losers" and "suckers." Trump has vehemently denied that, saying, "only an animal would say a thing like that," and claiming that U.S. soldiers are "in love with me." ([link removed])
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* — "We take this very, very seriously how we make our recommendations." In response, Army Chief of Staff Gen. James McConville said yesterday, "I can assure the American people that the senior leaders would only recommend sending our troops to combat when it's required for national security and a last resort." ([link removed])
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* — It's not his first spat with the Defense Dept. Trump has repeatedly sought to withdraw U.S. troops from conflict zones and permanent stations overseas, arguing that Americans are tired of "endless" wars. He has met with resistance from critics who see the withdrawals as rash and damaging to U.S. alliances and standing around the world. Although Trump has drawn down forces in Syria and Afghanistan, U.S. troop levels have remained relatively stable elsewhere. —Defense One ([link removed])

MORE: Trump used to regularly brag about giving money to the Pentagon. Now he's lashing out at the defense industry —Mother Jones ([link removed])


** 7. Vinograd: Parroting Putin on poisoning
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"With his inaccurate statements, Trump is undercutting his own national security team. That diminishes the chance they will be taken seriously on any issues as it's clear they don't speak on behalf of the president. Plus, he's once again distancing himself from U.S. allies. Alliances are already under strain, thanks to Trump's constant criticism of NATO—which he reportedly has considered withdrawing from altogether." —CNN ([link removed])

Ed. Note: Samantha Vinograd served on former President Barack Obama's National Security Council from 2009 to 2013 and at the Department of the Treasury under former President George W. Bush.

MORE: Germany hints at sanctions on Russia pipeline after Alexei Navalny wakes from coma —The Wall Street Journal ([link removed])


** 8. Global roundup
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Following in the U.S.'s footsteps, Australia is experiencing a downward spiral in its diplomatic relations with China. Australia's Department of Home Affairs has canceled the visas of two Chinese scholars because of security concerns linked to a joint investigation by Australian federal police and intelligence agency Asio into alleged foreign interference. Meanwhile, Chinese diplomats have complained that Australian intelligence agents have questioned several Chinese journalists and searched their devices "in violation of legitimate rights." Relations between Australia and China have been strained over a range of issues, including Australia's early call for an independent international investigation into the origins and handling of the coronavirus pandemic. —The Guardian ([link removed])
* — Belarus. A leading opposition activist in Belarus was held on the border with Ukraine yesterday after she resisted an attempt by authorities to deport her as part of government efforts to end a month of protests against authoritarian President Alexander Lukashenko. Maria Kolesnikova, a member of the Coordination Council created by the opposition to facilitate talks with the longtime leader on a transition of power, had been detained Monday in the capital of Minsk along with two other council members. —Associated Press ([link removed])
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* — Myanmar. New evidence exposes the atrocities waged against the minority Rohingya Muslims in Myanmar. Two soldiers who deserted from the army have testified on video that they were instructed by commanding officers to "shoot all that you see and that you hear" in Rohingya villages. The comments are the first public confession by soldiers of involvement in army-directed massacres, rape, and other crimes against the Rohingya and could provide key evidence for an ongoing investigation by the International Criminal Court. —TIME ([link removed])
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* — United Kingdom. Remember Brexit? It's still happening, despite the upheaval of the global pandemic. There's a new stumbling block. A government minister has said a new bill to amend the deal with the European Union will break international law. Yikes. Concerns previously had been raised about legislation being brought forward that could change parts of the withdrawal agreement negotiated last year. Namely, former Prime Minister Theresa May warned the change could damage "trust" in the UK over future trade deals with other states. —BBC ([link removed])

MORE: Philippine leader pardons US Marine in transgender killing —Associated Press ([link removed])


** 9. Lewis: Democracy doesn't just happen. It takes all of us
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"Some will say that, given the obstacles, putting in the work to protect our democracy is pointless. I've heard this kind of talk before, in my travels overseas. It is common in countries where democracy has decayed or vanished altogether. We cannot allow that to happen here. Our system faces numerous threats this year, both foreign and domestic. But the greatest threat to our system is the possibility that Americans will refuse to show up." —Savannah Morning News ([link removed])

Ed. Note: Reta Jo Lewis is the former special representative for global intergovernmental affairs at the U.S. Department of State.


** 10. An American Story: Taking the show on the road
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The New York Philharmonic is best known for grand, formal performances in its Lincoln Center home. But with theaters and concert halls closed by the coronavirus pandemic at least until the end of the year, the orchestra is trying out an outdoor, mobile format, with a decidedly more casual, DIY vibe. Enter the NY Phil Bandwagon. ([link removed])
* — It is a rented gray Ford F-250 pickup truck that has been tricked out in red, white, and black wrapping. And it—along with Philharmonic musicians—will be appearing at street corners throughout New York City for short, impromptu chamber events called "pull-up concerts." ([link removed])
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* — Concerts kicked off at the beginning of September and will run Friday through Sunday, three concerts a day, through mid-October. The Bandwagon is designed to counter livestream fatigue among both musicians and audiences, and to keep the orchestra in the city's consciousness as coronavirus restrictions persist. ([link removed])
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* — The times and locations of concerts will not be announced, to prevent audiences from getting too large and to allow for the unexpected. But the Bandwagon will stop in all five NYC boroughs, including in many neighborhoods that are more diverse than its usual audience, fitting into the philharmonic's broader efforts to expand its offerings—and access to them—at a time of a nationwide reckoning with race. —The New York Times ([link removed])

Ed. Note: Would you like to suggest "An American Story" from your local news? If so, please forward a link to the story to [email protected] (mailto:[email protected]) . Thank you!
I have a simple question for my Republican friends (with credit to Pete Buttigieg): do you want to be a John McCain Republican or a Donald Trump Republican? I left the party in 2016, but if I were still in the GOP, I know which one I would be. —Carol M., Pennsylvania
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** The views expressed in "What's Your Take?" are submitted by readers and do not necessarily reflect the views of the editorial staff or the Stand Up Republic Foundation.
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