News Roundup: Electoral Count Act, Trump Investigations, and Lawsuit Against SD Governor

The House voted on Wednesday, mostly along party lines, to overhaul the Electoral Count Act — a significant step in addressing the Jan. 6 insurrection. The bill clarifies the vice president’s role in presiding over the congressional certification as being ceremonial, and would make it harder for members to object to a state’s electoral votes.

 
American Oversight Sues South Dakota Governor
We filed a lawsuit this week against South Dakota Gov. Kristi Noem and the state’s Department of Labor and Regulation for failing to provide records of expenses related to Noem’s activities in office.
  • Among the records we’re seeking is information about Noem’s use of taxpayer money for five out-of-state trips, as well as records reflecting legal costs related to an age-discrimination complaint filed by a former employee, who testified last year that she had felt pressured by Noem and others to reverse a denial of Noem’s daughter’s application for a real estate appraiser’s license.
  • The lawsuit comes amid growing concerns about the governor’s personal use of state resources, including recent reporting that she may have used a state-owned airplane to go to a family wedding.
  • After our lawsuit was filed, the Associated Press reported that Noem’s office still refused to answer a question about “whether Noem’s political funds paid for expenses such as lodging when she traveled to political events.”
 
Wisconsin Election Investigation
For the past year, American Oversight has been fighting to uncover the facts about the Wisconsin election review, the people behind it, and the partisan interests promoting it. We’ve created a four-day newsletter e-course to review our findings, explain what happened, and discuss why it matters. To sign up, click here.
 
Trump Investigations
Former President Trump is facing an unprecedented array of investigations, with some major developments shaping the news this week. On Wednesday, New York Attorney General Letitia James filed a civil fraud lawsuit against Trump, three of his adult children, and the Trump Organization, accusing the business of deceiving lenders and insurers by misleadingly inflating property values.
 
Meanwhile, Trump’s legal team appears to have met some setbacks in the investigation of his handling of classified documents. 
  • The special master appointed to review the documents in question was unsympathetic to Trump lawyers’ resistance to providing any proof that the documents had actually been declassified. And on Thursday, he told them to back up other out-of-court statements made by Trump’s camp that the FBI had planted documents at Mar-a-Lago.
  • A federal appeals court said that the Justice Department could continue its review of the documents marked as classified, issuing a stay of District Judge Aileen M. Cannon’s widely criticized ruling from earlier this month.
 
Some of the most prominent supporters of Trump’s election lies are facing investigations and legal troubles of their own.
  • MyPillow CEO Mike Lindell, whose cell phone was recently seized by the FBI, is under federal investigation in connection with an alleged breach of voting equipment in Colorado.
  • Election software company Konnech has joined a growing list of election workers and other firms filing defamation lawsuits against voter-fraud conspiracy theorists. The company’s lawsuit targets the group True the Vote, whose leader Catherine Engelbrecht has spent years spreading fraud myths and, as described by New York Times last week, was “one of the earliest and most enthusiastic spreaders of ballot conspiracy theories.”
  • Read more about the decades of fear-mongering that set the stage for today’s Big Lie in our report “From Voter-Fraud Myths to Bogus Election Audits: The Evolution of the ‘Big Lie.’”
 
Anti-Immigration Measures
In a series of political stunts, conservative governors have sent undocumented migrants to cities across the country, with Florida Gov. Ron DeSantis is now facing two lawsuits for his relocation program, including a federal class action suit filed this week for having sent a group of migrants to Martha’s Vineyard allegedly with false promises of jobs as an inducement.
  • We filed new records requests to expand our investigation of this practice. We asked the Florida Department of Transportation for records of the costs of the stunt or any related complaints, as well as records showing the number of children or pregnant people who were moved. We also asked the Texas governor’s office for communications with DeSantis or other top Florida officials.
 
Separately, the Justice Department said it will drop all charges against the Massachusetts state court judge and the retired court officer who were accused of allowing a defendant to avoid Immigration and Customs Enforcement detention in 2018.
  • American Oversight and the ACLU of Massachusetts are suing ICE for the release of records related to that case. Earlier this month, a federal judge ordered the agency to preserve the government-issued phones of seven senior Trump administration officials after ICE had admitted in court filings that it told employees in 2017 to wipe the phones after leaving the agency.


Other Stories We're Following

National News

  • Isolated communities in Puerto Rico struggle to regain water and power after Fiona (NPR)
  • Puerto Rico struggles to reach areas cut off by Hurricane Fiona (Associated Press)
  • U.S. arrests along Mexico border surpass 2 million in a year for first time (Washington Post
  • Pentagon admits lack of oversight to stop Junior ROTC sexual abuse (New York Times)
 
The Big Lie and Voting Rights
  • Video shows ‘unauthorized access’ to Georgia election equipment (Associated Press
  • DHS rejects plan to protect election officials from harassment as midterms loom (CNN)
  • Behind the campaign to put election deniers in charge of elections (New Yorker)
  • Trump’s ‘big lie’ fueled a new generation of social media influencers (Washington Post)
  • Voter challenges, records requests swamp election offices (Associated Press)
  • In some states, security concerns prompt schools, churches to withdraw as polling places (ABC News
  • Republicans continue dispute over guardianship and voter rolls (Wisconsin Examiner)
  • Residents, former Trump administration officials sue Chester County over ballot drop boxes (WHYY Philadelphia)
  • The ‘cost’ of voting in America: A look at where it’s easiest and hardest (New York Times)
 
Coronavirus Pandemic Oversight
  • DOJ charges 47 people with stealing $250 million from pandemic program meant to provide meals to needy children (CNN
  • Federal Covid aid enabled Florida to pay for migrant flights (Washington Post
  • Covid relief funds paid for a Mesa surveillance center and other AZ police programs (Axios
  • NY schools no longer required to report Covid cases; statewide data tracker shut down (Gothamist
 
Trump Accountability
  • Trump was warned late last year of potential legal peril over documents (New York Times)
  • Trump says presidents can declassify docs ‘even by thinking about it’ (Washington Post)
  • The story so far: Where 6 investigations into Donald Trump stand (New York Times)
  • Trump’s legal troubles are mounting. And his support is consolidating. (Politico)
 
In the States
  • Ron DeSantis chartered planes from GOP-allied donor to fly migrants to Martha's Vineyard (The Intercept)
  • Virginia policy latest attempt to restrict rights of transgender students (Washington Post
  • Taxpayers' bill for Youngkin's unofficial out-of-state travel is $18,377 (Richmond Times-Dispatch)
  • Texas Gov. Greg Abbott tells DPS to focus on cartels after fentanyl deaths (Texas Tribune)
  • Judge blocks Indiana abortion ban week after it took effect (Associated Press)
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