Let's Fix This Country

Trump Kept Secret a Study That Found No Fraud in 2020

In the early morning hours after the 2020 election, Donald Trump told his supporters “Frankly, we did win this election. We did win it”. Thus began “The Big Lie”, his campaign that the election had been stolen. Only he said it. Millions believed it because he said it.

But Trump was desperate to come up with something that could make his myth seem true, so his campaign contracted with Berkeley Research article illustration
Duped by The Big Lie

Group, a California outfit that helps organizations in “disputes and investigations” to look for the fraud that supposedly cost Trump his presidency. This effort was entirely unknown until The Washington Post broke the story in early February, unknown because Berkeley came up with nothing, a result displeasing to Trump that he and those around him have kept secret for over two years.

In the two months between the election and the January 6th insurrection, about a dozen Berkeley researchers studied results in six “battleground” states where voting was close. The Post quotes one of four sources, “a person familiar with the work who, like others, spoke on the condition of anonymity”:

“They looked at everything: change of addresses, illegal immigrants, ballot harvesting, people voting twice, machines being tampered with, ballots that were sent to vacant addresses that were returned and voted, literally anything you could think of. Voter turnout anomalies, date of birth anomalies, whether dead people voted. If there was anything under the sun that could be thought of, they looked at it.”

There were the usual anomalies, irregularities, mistakes common to all elections given the huge numbers involved but these “actually went in both directions”, said one informant. The rare fraud is usually of what we’ll call the mom-and-pop variety: pop died a few weeks before the election, mom knew how he would have voted and turned in his ballot.

Berkeley tested a dozen hypotheses that the Trump camp wanted examined but nothing of significance was found nor was there anything that would have changed the outcome in any of the states, even though it would not have taken much to flip the election. Biden won Wisconsin, Michigan, and Pennsylvania by a combined total of only 77,744 votes. Had those states gone for Trump, 46 of Biden’s 306 votes would been switched to the other column to give Trump 272 votes, 2 more than the majority needed to make him president again.

wrong answer

Berkeley briefed then-President Trump on its findings late in December of 2020 in a conference call. “The call grew contentious”, The Post was told. Mark Meadows said he still believed that Trump had won the election and Trump, the Berkeley report kept secret, has gone on saying so ever since. On the same day this is written, in an interview on Trump lawyer Jenna Ellis’s podcast, he repeatedly claimed that Democrats “cheated” to steal the 2020 election.

In reaction to The Post‘s exposure, Berkeley Research Group wouldn’t comment other than stating company policy to “provide independent and objective factual analysis” and “as a matter of firm policy, we do not comment on client engagements or on privileged and confidential matters.” Trump spokesman Steven Cheung offered a bizarre evasion:

“President Trump received a record breaking number of votes, the most of any sitting president in the history of the country. Anyone who takes a look at Joe Biden sleeping through his presidency and his abysmal approval numbers knows who really won the election.”

legal ramifications? We’ll guess not.

A legal matter is whether the former president knew he lost the election or whether he believed the delusion he had created. The inference is that one can be deemed innocent of a crime if he or she believes in a different reality. Not you, not me, of course, only this former president is accorded that special deference, so it seems.

To get around that, prosecutors have had to collect instances of Trump’s contacts telling him that he lost, so as to amass proof that he cannot maintain that he didn’t know. But could not Mr. Trump simply argue that they were just venturing an opinion no more valid than his own?

The in-depth Berkeley study is another matter, the most conclusive evidence yet that Trump cannot feign ignorance of his loss. And the reason that matters is, among the many crimes Trump is thought to have committed, prosecutors may now have in hand proof of fraud against the American people Trump has committed by persuading the millions of them of The Big Lie of a stolen election and thereby the incalculable damage of sowing distrust in the nation’s democratic elections.

the damage lives on

Millions of Trump followers continue to believe the election was stolen. One need only look who they have sent back to Congress in the 2022 midterms. Based on their statements compiled before the election by the website FiveThirtyEight, 127 who had stated belief in a stolen election won seats in the House, the Senate, and governorships. And with near total overlap, those returned to Congress had voted on January 6th, 2021, had voted to decertify the electoral college slates submitted by the states with the objective of throwing to decision to the House, where Trump would have been declared the winner.

In a 5,500 word article in October — found here — we deflated claims of any significant quantity that the so-called deniers were relying on as proof the election was stolen. That treatise, we think, was determinative.

But the problem with that approach is that deniers don’t think anything through. Each sighting — the box under the table in Georgia, the 18-wheeler in Pennsylvania, etc. — is declared proof of fraud, all the ballots could only be for Biden, are somehow enough to steal the election, and it falls to the truth brigade to spend the effort and time to disprove what are fabrications.

How not to steal an election

Instead, replace the nonsense with common sense: Focus on the mechanics of elections.

How do you create imaginary people? Where is the logic of believing in Trump’s complaint of, for example, dead voters — 5,000 in Georgia, 1,500 in Nevada? How does a small conspiratorial army (with no one ever having a crisis of conscience, then or since, to spill the beans) comb through county records to find 5,000 dead people without raising suspicion, and then check each of them to see if they have not been pruned from the voter roles so that a phony ballot will count? Trump wouldn’t be so stupid as to do that. He’s counting on you being dunce enough to fall for dead voters.

Doesn’t anyone wonder about the quantities? To flip the results in closely competitive states calls for a few hundred thousand phony ballots. Trump disciples would claim that 78,000 fake votes for Biden in the three states we cited above were all that were needed for the Democrats to steal the election. But the conspirators could not know in advance how many phony Biden ballots would be needed in each of six tight states — the three above plus Georgia, Arizona, Nevada — so that there would be enough in each of them to overturn which of them that proved to be tight. That adds up to impracticably massive quantities of illegal votes that would be needed.

About those masses quantities of needed phony ballots. How would that be kept silent? In the thousands of polling places across the country, for a ballot cast in-person or mailed in to be counted, a person must have registered to vote. Ballots are checked against that registry and once checked a redundant vote by that person is blocked (and flagged as illegal).

Each of those hundreds of thousands of ballots must be filled in with the unique names, addresses, and signatures of actual registered voters. If the data for fill-in could be obtained — which needs to span several states and the hundreds of polling places where those voters live — how do the conspirators recruit hundreds of people to fill out the ballots, all of them willingly committing fraud and not one of them blowing a whistle?

That’s the premise of the film “2,000 Mules”. Its title tells us of the hypothesis that 2,000 people were recruited to collect and deliver fraudulent ballots to drop boxes. But not one of them has come forward to confess to the scheme because, while the deniers even went to the extent of making a theater-release movie, it was just an idea was based on nothing but conjecture.

Doesn’t there have to be two of everyone? Let’s anyway say there were enough souls angry enough at Trump and his party to run the risk — as much as five years in prison plus fines, each fraudulent ballot a separate count — of filling out scores of phony ballots for Biden. What happens when the ballot reaches the polling place where the actual person has already voted, or he or she goes to the polling place and is told the vote has already been cast? How does this plot work when inevitably an uproar arises from tens of thousands of voters who have collided with the fake ballots in their name and art outraged to discover that their votes were stolen?

Instead, there was silence. There were no thousands of fake ballots conflicting with actual voters in 2020. Instead it was Trump who supposedly knows of all this double-voting — 42,284 in Nevada! How stupid are Americans to be taken in by this?

Okay, so it must have been the machines. Trump’s entire premise was that masses of fraudulent mailed ballots would steal the election, but we’ve shown that cannot work. The strategy turned to nonsensical allegations by Trump and members of his campaign that voting machines, such as those made by Dominion Voting Systems, used decade old Venezuelan software that flipped Trump votes to Biden. None of them had any evidence — the claims are loony — much less the slightest knowledge of the software and how it works, and their defamation caused Dominion to file eight lawsuits seeking more than $10 billion in damages against Fox News, and other networks, corporations and individuals.

The software is sealed in, and likely in compiled form (zeroes and ones) that is entirely unintelligible. Even if in a readable coding language, who would there be in countless polling locations to understand and tamper with it? Perhaps they could test-run batches of ballots and compare the tally with hand counts. Which did happen, but not in batches, in entire recounts in which machine and manual counts came out remarkably close.

John Poulos, Dominion’s founder and CEO, wrote an op-ed in The Wall Street Journal which shredded the absurd accusations by outlining the security of how U.S. election systems actually work:

” Third-party test labs, chosen by the bipartisan Election Assistance Commission and accredited by a program of the National Institute of Standards and Technology, perform complete source-code reviews on every federally certified tabulation system. States replicate this process for their own certifications.”

No single company in the American electoral systems could surreptitiously change votes, said Dominion in a 15-point rebuttal of rightwing conjurings. Such a plot would require “collaboration of thousands” of poll workers, auditors and contractors that support state information technology and voting systems.

That leaves election workers. The most reprehensible and deranged are those who think election workers rigged Biden’s presidency. Setting aside their psychosis, the illogic reveals them as the most stupid of the deniers. How do they imagine that certain poll workers had connected with others across polling stations across their state to form a cabal to volunteer only to be able to change votes? How would that be done? Somehow altering the ink marks on paper ballots? How would they change touch-screen selection? And we’ve already dealt with the fantasy of fiddling with the software in the sealed machines.

These deviants have gone after poll workers seemingly at random, finding where they live, stalking them, causing some to move, to live with relatives, fearful for their safety, even their lives. How do we rid our country of them?

And by the way, one of those deviants is Donald Trump, who has persistently attacked the Georgia worker who moved the box from under the table.

Did The New York Times Miss the Big Story of the 2016 Election?

The arrest on January 23rd of Charles McGonigal, the former FBI special agent in charge of the Bureau’s counterintelligence division run out of the New York field office, has thrown a new light on the 2016 election. At the same time that
Charles McGonigal

McGonigal’s assignment was to oversee the department’s investigation of Russian oligarchs, he is accused of violating sanctions against Russia by aiding Russian oligarch Oleg Deripaska to be removed from the sanctions list. There is no evidence yet that he was paid by the Russian while still with the Bureau, but he did an unusual favor for a Deripaska employee while there and was hired by Deripaska after he retired.

That’s only part of the charges against McGonigal, but it’s the part that adds an extra dimension to the reporting by Reuters and others at the time that a faction at the New York FBI was hostile to Hillary Clinton. The Guardian reported two days before the election that animosity toward Clinton had intensified in the months since FBI Director James Comey decided not to indict her for trafficking in classified material over a private computer server. That the head of counterintelligence in New York, who had also a role in uncovering Russian interference in the
Vladimir Putin and Oleg Deripaska

2016 election, was simultaneously consorting with a Russian oligarch with close ties to Vladimir Putin suggests even a deliberate policy as explanation for a series of leaks damaging to Clinton’s campaign. “The FBI is Trumpland,” said one agent at the time.

It was, after all, the New York FBI and the New York Police Department, not Main Justice in Washington, that discovered e-mails pertinent to the Clinton controversy on computers belonging to former New York congressman Anthony Weiner and his wife, Clinton aide Huma Abedin. It led to Comey notifying Congress, which leaked it to the press, that the FBI had re-awakened the Clinton e-mail investigation on the brink of the election, an action that is widely thought to have swung the election to Donald Trump. Fewer than 78,000 votes across three states decided the Electoral College win.

Reuters subsequently reported that Comey felt compelled to announce the reopening of the e-mail probe to head off the world learning of it from leaks by — as we’re pointing out — FBI New York. Just two days before Comey went public, Rudolph Giuliani, who had joined the Trump camp with uncountable contacts as a New Yorker and its ex-mayor, was on Fox News talking about

“a surprise or two that you’re going to hear about in the next few days. I mean, I’m talking about some pretty big surprises.”

McGonigal may not have been in Deripaska’s direct employ while still at the FBI – he retired September 2018 – but while there he tapped a contact in the NYPD to get a job for the daughter of a Deripaska employee, the specific request being in the counterterrorism, intelligence gathering, and “international liaisoning” branch. The indictment said that she told a police sergeant that she had

“an unusually close relationship to ‘an FBI agent’ who had given her access to confidential FBI files, and it was unusual for a college student to receive such special treatment from the NYPD and FBI.”

where was the Times getting its news?

The McGonigal arrest caused Will Bunch, a veteran reporter at the Philadelphia Inquirer, to have a backward look at the Times pre-election coverage. Thinking it had found the inside track, had the paper fallen for tips from New York FBI that were designed to subvert Clinton? Bunch asks article illustration
what possibly could have caused the Times to give two-thirds of its front page to the renewal of the Clinton probe, especially when an immediate assumption (such as by this writer at the time) was that the Weiner/Abedin laptop held only the other end of e-mails already seen by the FBI, which proved well after the election to be the case.

That’s not all, as Bunch cites. On October 31st, just days before the election, the Times ran what would be a notoriously wrong article. After a summer and fall of one after another revelation about the Trump campaign’s contacts with Russians, its headline read, “Investigating Donald Trump, FBI Sees No Clear Link to Russia”. Soon, links would be uncovered as would proof of Russia’s implanting fake news stories in social media to interfere with the election in favor of Trump, a favoritism that would be admitted by Putin in Helsinki in 2018. Shouldn’t we ask what could have caused the Times to run so gratuitous a piece that cited “law enforcement officials” as their preferred source for ultimate truth rather than the yearlong Pulitzer-award work of the newspaper’s own reporters?

“It’s not only that America’s so-called paper of record has never apologized for its over-the-top coverage of the Clinton emails or the deeply flawed story about the FBI Trump-Russia probe. It’s that the Times has shown a stunning lack of curiosity about finding out what went wrong.”

the omnipresent mr. deripaska

Deripaska, an aluminum magnate with close connections to Putin, was already a known figure, owing to Trump’s unlikely choice in June 2016 of Paul Manafort as his campaign manager. As far back as 2003, Manafort’s lobbying firm had been hired by Deripaska to seek a waiver of his visa ban so he could seek investors in the United States. In 2005, Manafort had negotiated a $10 million annual contract with Deripaska to promote Russian interests in Europe and the United States.

While campaign manager, Manafort talked daily to a Russian based in Ukraine, Konstantin Kilimnik, passing him Trump campaign updates and internal polling data that showed Russia what districts in battleground states it should target in its anti-Clinton disinformation campaign. The Senate Intelligence Committee would confirm in its 2020 report that Kilimnik was a Russian intelligence agent. Deripaska reportedly had loaned Manafort $10 million which had remained unpaid while Manafort was working for Trump. Deripaska accused him of stealing the money. It was thought that by passing confidential information to Deripaska through Kilimnik, which the oligarch could use to stay in Putin’s favor, that would satisfy the Deripaska debt.

Manafort had been an adviser to Ukraine’s president, Viktor Yanukovych, who was closely aligned with Russia and Putin, and who would flee to Russia when overthrown in 2014. When it was reported in the U.S. media that Manafort may have received $12.7 million in off-the-books funds from Yanukovych’s political party, he was compelled to resign his post as campaign manager.

In 2019 Manafort was sentenced to six years in prison, specially treated with a transfer to home confinement in 2020 to avoid Covid, then fully pardoned by Trump.

on a mission to rewrite the story

If there was subterfuge to co-opt the media in the summer of the presidential campaign, as is now being wondered, it couldn’t be left at that. The multitude of Russia contacts uncovered by the media in 2016 and confirmed by the Mueller report, Trump’s openly expressed admiration of Putin, Manafort’s collusion with Russian intelligence, had to be erased. Best bet? Make the story instead a Hillary Clinton plot against Trump.

That was taken up by Bill Barr when he became attorney general early in 2019. He had only been on the job a month or so when Mueller turned in the report on Russian influence in the 2016 election. Barr sabotaged two years of work by the special counsel by hastily writing a four-page letter to say, weeks before the redacted report would be released to the public, that Mueller found no conspiracy.

In fact, Mueller bluntly stated that “while this report does not conclude that the President committed a crime, it also does not exonerate him”, that “The Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome”, that the campaign benefitted “from information stolen and released through Russian efforts”.

For Barr, though, the Mueller investigation was “a grave injustice”, “unprecedented in American history”, the FBI probe “one of the greatest travesties in American history”. Determined to prove that the the FBI’s Crossfire Hurricane investigation was illegitimate, Barr set out to investigate the investigators.

He tapped John Durham, U.S. attorney for the District of Connecticut, to come up with an alternative “origin” story for why article illustration
John Durham

intelligence agencies probed Trump-Russia contacts in the 2016 campaign and whether they had broken laws. That Barr and Durham were determined to come up with a vast, alternative story is evidenced by the staggering intensity of their quest: A Times story reported that the sprawling investigation grew “to more than 2,800 subpoenas, nearly 500 search warrants, 13 requests to foreign governments for evidence and interviews of about 500 witnesses.”

coming up empty

Almost four years on – twice Mueller’s timespan – Durham has come up with close to nothing. Looking for deep state scandal, it is his witch hunt that has become the scandal for its costly futility. He produced two indictments for lying to the FBI, both defendants winning acquittal, and a probation and community service verdict for an FBI attorney who altered an email in a surveillance application to the FISA court.

Durham’s probe had already been undercut by a report from the Justice Department’s inspector general, Michael Horowitz, who found that the FBI’s investigation was unaffected by bias and was validly predicated (the agency learned that the Russians were about to drop a trove of hacked Democratic e-mails). There had been plenty buzz about Russian contacts before that.

Barr even attempted to discredit the IG’s product of 18 months of digging, saying the FBI had opened its inquiry “on the thinnest of suspicions that in my view were insufficient”.

Days ago a long piece in the Times made two discoveries:

 Two of Durham’s prosecutors objected to bringing one of the cases for evidence being “too flimsy”, and that was after Durham’s longtime aide quit following disputes between herself and Durham over prosecutorial ethics.

 The second occurred when Barr and Durham went to London and Rome apparently to find whether intelligence agencies in those countries knew of any malfeasance by the FBI and U.S. intelligence. In Italy, officials gave them a tip that caused them to open a criminal investigation into suspicious financial dealings by an unnamed entity. Barr spoke of that without specifics to leave us to believe some crime must have been committed by the target of their probe, the FBI. He did not reveal that the suspicious financial dealings were by Donald Trump. And rather than appoint a separate prosecutor to pursue the lead, Barr left the criminal referral in Durham’s probe where it has vanished.

sticking to the script

From the outset in 2016 it had been a protracted and now suspect effort to make Trump the victim of the FBI and left-slanted media. Those on the right have tried to paper over Durham’s failings, claiming a breakthrough revelation of the Clinton campaign’s involvement in “Russiagate”. By that they mean only the Clinton funding of the notorious Christopher Steele dossier, funding that has long been known, as evidenced by Barr narrowing Durham’s supposed breakthrough to no more than that, by saying, “I think he crystallized the central role played by the Hillary campaign in launching, as a dirty trick, the whole Russiagate collusion narrative and fanning the flames of it”.

The use of the dossier has certainly given the FBI a deserved black eye, but as if by clandestine agreement, right-slanted media has resolved to speak only of Clinton and the Steele dossier as how best to disappear all the rest — the well over a hundred contacts between Russians and the Trump campaign in 2016, as if they had never happened. Opinion pages in publications such as the Washington Examiner and especially The Wall Street Journal are studded with the phrase “the Russia collusion hoax” – those exact words, in chorus, constantly repeated to this day.

Over six years later there is now the concerted effort to expunge any notion that Russia disinformation influenced the 2016 election. Trump is obsessed with that claim believing it threatens the legitimacy of his election. His former aide, Hope Hicks, said that is his “Achilles heel”. A Newsweek source said that in the documents at Mar-a-Lago that “Trump had been collecting since early in his administration”, he hoped to find exoneration of any Russian connection or influence.

he’s seen this movie before

Yale history professor Timothy Snyder found an unusual parallel between the 2016 election campaign and the follow-on investigations. He said in a television interview that the 2016 election was for him “kind of a re-run… something that was very familiar from eastern Europe”, which is his area of specialization. Just as there had been Paul Manafort there, on Deripaska’s payroll, coaching Viktor Yanukovych, a candidate favored by Russia in a bid to be Ukraine’s president, there was in 2016 in the U.S. Donald Trump, favored by Putin, coached by that same Manafort, and this time McGonigal on Deripaska’s payroll.

“When I look back at the investigation of 2016, Crossfire Hurricane by the FBI New York office, now I’m thinking, the person who ran that was taking money from foreign actors … was investigating the Russian oligarch who he then went to work for according to these indictments, which suggests to me that there was something off about that investigation and not that it went too far but rather that it certainly almost, certainly didn’t go far enough. And some of the strange things about that year, like for example the way that the FBI right at the end of the election cycle weirdly announced that they were once again opening the question of Hillary Clinton’s emails just in time, basically, to take several points of support away from her. Like the way the FBI was very slow to tell the Democratic Party that they’d been hacked…It’s not that those investigation had no merit. It’s that they had much merit than we actually realized, and that actually we need to go much deeper now to know what happened.”