A
Bare-Knuckle Fight Over Recounts
Democrats are
trying to stop Donald Trump’s inauguration by claiming
Russian interference in the election, but the White
House sees no evidence and Trump is now challenging the
recounts, reports Joe Lauria.
By Joe
Lauria
December 03,
2016 "Information
Clearing House"
- "Consortium
News"
-
When the Clinton campaign said it would join the recount
in three Rust Belt states narrowly lost to Donald Trump,
it didn’t say its motive was overcoming the vote totals
but instead to find out if there was “foreign
interference” in the election.
“This election
cycle was unique in the degree of foreign interference
witnessed throughout the campaign,”
wrote Clinton campaign counsel Marc Elias. “The U.S.
government concluded that Russian state actors were
behind the hacks of the Democratic National Committee
and the personal email accounts of Hillary for America
campaign officials.”
During the
campaign Hillary Clinton made no secret of where she
thought that foreign interference might be coming from.
She repeatedly blamed Russia for trying to sway the
election.
When the Green
Party’s Jill Stein launched her recount campaign in
Wisconsin, Michigan and Pennsylvania (the three states
that gave Trump the victory), Stein’s announcement
quoted her on her website as saying that because
“foreign agents” had “hacked into party databases,
private email servers, and voter databases in certain
states, many Americans are wondering if our election
results are reliable.” Stein’s page was then updated to
eliminate reference to “foreign agents” in her
quote.
But her recount
petition filed in Wisconsin begins by saying “it was
widely reported that foreign operators breached voter
registration databases in at least two states and stole
hundreds of thousands of voter records.” The petition
then says the U.S. intelligence community is “confident”
Russia was behind the hacks. There is “well-documented
and conclusive evidence of foreign interference in the
presidential race before the election … [that] call[s]
into question the results and indicate the possibility
that (a) widespread breach occurred,” Stein’s lawyers
wrote.
In fact the
intelligence community has never made public its
evidence for independent computer experts to weigh in
on. After the election, the Obama administration
said it had no proof of Russian interference in the
election tallies and that the results “accurately
reflect the will of the American people.”
Citing
Press Articles
Nevertheless,
Exhibit A in Stein’s petition is an affidavit from
Professor J. Alex Halderman, a professor of computer
science at the University of Michigan, who alleges that
Russia hacked the election. Halderman took part in a
conference call with the Clinton campaign last month
trying to convince the campaign to seek a recount, which
it only did after Stein launched her effort.
Exhibit B from
Stein’s petition is an article from Wired Magazine about
Russia’s alleged role in the hack. Exhibit C is a New
York Times article quoting DellSecureWorks, a private
security firm, saying Russia was behind the hack of
Clinton campaign chairman John Podesta. The company says
Podesta clicked on a phishing link to gain access to his
account. The Times relied on the company’s word that
Russian spies were behind the phishing expedition,
without also offering any proof that could be analyzed
by other computer security experts.
Exhibits D
through G — meaning all of Stein’s exhibits — are on
alleged Russian hacking. One article is about an alleged
attempted Russian hack of the 2014, post-coup Ukrainian
election.
In her many
media appearances since launching the recount campaign,
Stein has carefully avoided mentioning Russia, or
foreign agents, as she inadvertently did in her initial
web posting. But her petition is about nothing else but
Russia’s alleged hacking of the election.
Scott McLarty,
the Green Party national media coordinator, told me in
an email last week that the Green Party has “not taken a
position on meddling by foreign agents.” Since then, top
Green Party officials have distanced themselves from
Stein, including her running mate, Ajamu Baraka.
“I’m not in
favor of the recount,” Baraka
told CNN. He said he told Stein “it was a
potentially dangerous move” because it “would be seen as
carrying the water for the Democrats.”
Margaret
Flowers, the Green’s Senate candidate in Maryland,
posted an
open letter signed by several prominent party
members saying, “While we support electoral reforms,
including how the vote is counted, we do not support the
current recount being undertaken by Jill Stein.”
The recount,
however, does appear to have gotten under the skin of
Donald Trump and his allies who, on Friday, went to
courts in Michigan, Pennsylvania and Wisconsin, seeking
to stop any further examination of the votes. The
challenges did not immediately stop the recounts but
could create legal complications down the road.
Lobbying the Electors
Since recounts
that overturn the vote totals seem unlikely, it appears
the Clinton campaign’s Plan B is to use any evidence of
tampering that it can pin on Russia to lobby electors to
change their votes to Clinton when the Electoral College
meets in state capitals on Dec. 19.
Trump won the
electoral college 306 to 232. That means 38 Republican
electors would have to be convinced to change their vote
to Clinton to reach the required 270 to win the White
House.
Finding
evidence of hacking of election computers that can
somehow be blamed on Russia could be crucial for the
Clinton team in their effort to convince electors to
change their vote.
Russia has been
blamed in the U.S. for many things and though proof
never seems to be supplied, it is widely believed
anyway. It has been accepted as fact by American
corporate media, for instance, that Russia invaded
Ukraine and had a hand in shooting down Malaysia
Airlines Flight MH-17, though the supposed evidence is
more argumentative than conclusive.
Emotional
appeals to elector’s patriotism and defense of the
American system against interference by Russia could
make a persuasive argument, however.
At an event at
Harvard University on Thursday, Robby Mook, Clinton’s
campaign manager, repeatedly
blamed Russia for hacking and tampering with the
election. “Congress has got to investigate what happened
with Russia here,” said Mook. “It is outrageous that a
foreign aggressor got involved in our election.”
Robert Reich,
labor secretary under President Bill Clinton and a
Hillary supporter, argued that one reason the electors
should flip to Clinton is to “stop foreign interference
in an election.”
Quoting on
article, he wrote on Facebook: “The Framers were
extremely concerned about infiltration by rivals
including Great Britain. In Federalist No. 68, Hamilton
wrote that one major purpose of the Electoral College
was to stop the ‘desire in foreign powers to gain an
improper ascendant in our councils.’ He said that the
college would, ‘Guard against all danger of this sort …
with the most provident and judicious attention’ from
the electors.”
Reich
continued: “There’s incontrovertible evidence Russia
interfered in the campaign by hacking the email accounts
of top Democratic officials and cooperating with
WikiLeaks’ parallel campaign to undermine Hillary
Clinton campaign.” If such incontrovertible evidence
exists, the Obama administration’s intelligence
community has not shared it with the public.
Clinton
operatives are also making her victory by more than 2
million popular votes part of their appeal to electors
to switch sides.
Twenty-four
states do not legally bind electors to the popular vote
in their states. Elsewhere, electors face fines of about
$1,000 if they vote against the will of the people of
their states.
Laurence Tribe,
a well-known and connected Democratic lawyer, has
offered to defend pro bono any elector who
breaks the law by changing their vote to Clinton. And
there are
plans to mount a constitutional challenge against
the 26 states that legally bind the electors’ to their
state’s popular vote.
Accompanying Media Campaign
The lobbying
effort to blame Russia and get the electors to flip
their votes is being accompanied by an intense media
campaign.
In the
announcement that the Clinton campaign would join the
recount, campaign counsel Elias aligned the campaign
with an unverified Washington Post
article based largely on a shadowy, anonymous group
that blamed a list of 200 alternative media sites and
political groups for spreading Russian propaganda to
influence the election, without providing any evidence.
“The Washington
Post reported that the Russian government was behind
much of the ‘fake news’ propaganda that circulated
online in the closing weeks of the election,” Elias
wrote.
A Huffington
Post
article said one of the eight reasons the electors
should overturn the election is because “Russian covert
action influenced the election.”
The staunchly
pro-Clinton Daily Kos
wrote that “Even if they never touched a voting
machine, there’s absolutely no doubt: Russia hacked the
election.”
If evidence of
hacking is found in the recounts, the Clinton campaign
would be greatly aided in lobbying electors with
confirmation from the Obama administration that Russia
was behind it. But on the day before the Clinton team
joined the recount, the Obama administration appeared to
throw a wrench into the plan to blame Russia.
The
administration
said it remained “confident in the overall integrity
of electoral infrastructure, a confidence that was borne
out,” adding: “As a result, we believe our elections
were free and fair from a cyber-security perspective.”
The timing of
that statement may have been intended to undermine
Clinton as a split was
reported between President Obama and Hillary Clinton
over whether to have a recount.
Not satisfied
with the administration’s conclusion, a group of
Democratic senators on Thursday
asked that information about Russian hacking should
be declassified and released to the public.
White House
press secretary Josh Earnest responded that the
administration would take a look at the request. But he
added that the intelligence community “did not observe
an increase in malicious cyber-activity on Election Day
from the Russians that was directed at disrupting the
casting or counting of ballots.”
Joe Lauria is a
veteran foreign-affairs journalist based at the U.N.
since 1990. He has written for the Boston Globe, the
London Daily Telegraph, the Johannesburg Star, the
Montreal Gazette, the Wall Street Journal and other
newspapers. He can be reached at joelauria@gmail.com and
followed on Twitter at @unjoe.
The views
expressed in this article are the author's own and do
not necessarily reflect Information Clearing House
editorial policy.
U.S. judge denies pro-Trump
groups' effort to halt Wis. recount:
U.S. District Judge James Peterson rejected their
request for a temporary restraining order to immediately
halt the Wisconsin recount. A hearing on the lawsuit is
scheduled for Dec. 9. |