2.7 The Harm Caused by Demonizing Public Servants
2.7 The Harm Caused by Demonizing Public Servants
¶Many of the people who refused to be pushed into manipulating election results—governors, secretaries of State, State legislators, State and local election officials, and frontline election workers just doing their jobs—found themselves subjected to public demonization and subsequent spamming, doxing, harassment, intimidation, and violent threats. Some of the threats were sexualized or racist in nature and targeted family members. President Trump never discouraged or condemned these tactics, and in fact he was an active participant in directing his supporters, through tweets and speeches, to apply pressure to public servants who would not comply.
¶President Trump and his team were not above using incendiary rhetoric or threats to achieve their goal of overturning the election. Giuliani said so before the purported hearing in Michigan in December. Recall that he told an online audience, there’s “nothin’ wrong with putting pressure on your state legislators”307 Wood TV8, “Giuliani and Laura Cox Hold ‘Legal Briefing’ Before Giving Testimony Wednesday Evening,” Facebook Watch, at 10:30-10:45, Dec. 2, 2020, available at https://www.facebook.com/woodtv/videos/rudy-giuliani-and-laura-cox-hold-legal-briefing-before-giving-testimony-wednesda/1996033023872394/. and “you have got to get them to remember that their oath to the Constitution sometimes requires being criticized. Sometimes it even requires being threatened.”308 Wood TV8, “Giuliani and Laura Cox Hold ‘Legal Briefing’ Before Giving Testimony Wednesday Evening,” Facebook Watch, at 13:05-13:20, Dec. 2, 2020, available at https://www.facebook.com/woodtv/videos/rudy-giuliani-and-laura-cox-hold-legal-briefing-before-giving-testimony-wednesda/1996033023872394/.
¶That pressure came privately and publicly in the post-election period.
¶Privately, for example, President Trump called Michigan Senate Majority Leader Mike Shirkey three times after their White House meeting: November 21st, November 25th, and December 14th.309 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Michael Shirkey, (June 8, 2022), pp. 33, 37, & 47-48. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (AT&T Production, Feb. 9, 2022). Shirkey did not recall many specifics of those calls and claimed he did not remember the President applying any specific pressure.310 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Michael Shirkey, (June 8, 2022), pp. 33-38. The day after one of those calls, however, Shirkey tweeted that “our election process MUST be free of intimidation and threats,” and “it’s inappropriate for anyone to exert pressure on them.”311 Senator Mike Shirkey (@SenMikeShirkey), Twitter, Nov. 22, 2020 10:47 a.m. ET, available at https://twitter.com/SenMikeShirkey/status/1330538438723063815. From this and other public statements, it is clear that Shirkey was sensitive to outside forces pressuring people with roles in the election. In fact, the same day that the electoral college met and voted former Vice President Joe Biden as the winner of the 2020 Presidential election, Shirkey received another call from President Trump and issued another public statement. Shirkey’s statement that day, December 14, 2020, read: “Michigan’s Democratic slate of electors should be able to proceed with their duty, free from threats of violence and intimidation” and “[i]t is our responsibility as leaders to follow the law . . . .”312 “Shirkey Issues Statement Regarding Election,” Michigan Senate GOP, (from text, December 14, 2020), available at https://www.misenategop.com/shirkey-issues-statement-regarding-election/.
301¶Publicly, President Trump used both Twitter posts and paid social media and cable television ads to advance his pressure campaign.
¶In Arizona, for example, President Trump used social media to both praise and criticize legislators. When Speaker Bowers and Senate President Karen Fann requested an audit of Maricopa County’s election software and equipment, President Trump publicly commended them, retweeting a press release about their announcement and commenting: “Thank you to Senate President Karen Fann and House Speaker Russell Bowers—and all, for what you are doing in Arizona. A fast check of signatures will easily give us the state.”313 Donald Trump (@realDonaldTrump), Twitter, Dec. 4, 2020 2:49 p.m. ET, available at http://web.archive.org/web/20201211204139/https:/twitter.com/realDonaldTrump/status/1334993249082236931 (archived). But just days later, President Trump assailed Bowers for opposing a special session to appoint new electors. He retweeted a post by Campaign lawyer Christina Bobb that accused Bowers of “intentionally misleading the people of Arizona” and that included a demand by Stop-the-Steal organizer Ali Alexander for 50,000 phone calls to Rusty Bowers “[r]ight the heck now” to threaten him with a primary challenge.314 Donald J. Trump (@realDonaldTrump) RT of Christina Bobb (@christina_bobb) QT of Ali #StopTheSteal Alexander (@ali), Twitter, Dec. 6, 2020 12:53 a.m. ET, available at https://media-cdn.factba.se/realdonaldtrump-twitter/1335462365370994689.jpg (archived); “Tweets of December 6, 2020,” The American Presidency Project at University of California Santa Barbara, https://www.presidency.ucsb.edu/documents/tweets-december-6-2020.
¶And, as his efforts to change the outcome of the election continued to meet resistance, President Trump personally approved a series of advertisements that the Campaign ran on cable television and social media in several important States. One advertisement in Arizona called for pressure on Governor Ducey in particular, alleging, “The evidence is overwhelming. Call Governor Ducey and your legislators. Demand they inspect the machines and hear the evidence.”315 Team Trump, Facebook, Dec. 24, 2020 1:52 p.m., available at https://www.facebook.com/officialteamtrump/videos/arizona-contact-governor-ducey-and-your-legislators-todaydemand-they-hear-the-ev/303213471090533/. Another claimed that “illegal aliens voted, and here in Arizona Trump votes were discarded. It’s an outrage. Call Governor Ducey and your legislators at 602–542–4331. Demand they inspect the machines and hear the evidence. Call Governor Ducey, at 602–542–4331. Stand up for President Trump. Call today. Paid for by Donald J. Trump for President, Inc.”316 Team Trump, Facebook, Dec. 26, 2020 5:36 p.m., available at https://www.facebook.com/officialteamtrump/videos/arizona-contact-governor-ducey-and-your-legislators-today/3496886293698026/.
¶Several days earlier, Trump Campaign Senior Advisor Jason Miller had explained the intention for this round of advertisements in an email. He wrote that, “the President and Mayor Giuliani want to get back up on TV ASAP, and Jared [Kushner] has approved in budgetary concept, so here’s the gameplan” in order to “motivate the GOP base to put pressure on the Republican Governors of Georgia and Arizona and the Republican-controlled State legislatures in Wisconsin and Michigan to hear evidence of voter fraud before January 6th.”317 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Jamestown Associates Production), JTA000074-81(Dec. 20, 2020, email chain from Jason Miller). Miller anticipated a budget of $5 million and asked for the messaging to follow an earlier round of advertisements, “but the endings need to be changed to include phone numbers and directions to call the local Governor or state legislature.”318 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Jamestown Associates Production), JTA000074-81(Dec. 20, 2020, email chain from Jason Miller). On December 22nd, Jason Miller texted Jared Kushner that “POTUS has approved the buy.”319 Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Jared Kushner Production), JK_00423-436 (Dec. 22, 2020, text messages between Jason Miller and Jared Kushner, pp. 10-13).
302¶References to anger and fighting were featured in some of the President’s remarks during that period. After the Georgia Secretary of State’s Chief Operating Officer, Gabriel Sterling, made an impassioned public plea and accurately warned that someone would die as a result of the threatening election-related rhetoric that President Trump failed to condemn, President Trump dismissively tweeted in response: “Rigged Election. Show signatures and envelopes. Expose the massive voter fraud in Georgia. What is Secretary of State and @BrianKempGA afraid of. They know what we’ll find!!!”320 Donald J. Trump (@realDonaldTrump), Twitter, , Dec. 1, 2020 10:27 p.m. ET, available at http://web.archive.org/web/20201203173245/https://mobile.twitter.com/realDonaldTrump/status/1333975991518187521 (archived). The President also tweeted that, between Governor Ducey in Arizona and Governor Kemp in Georgia, “the Democrat Party could not be happier” because these Republicans “fight harder against us than do the Radical Left” and were singlehandedly responsible for losing him both States, something that “Republicans will NEVER forget[.]”321 Donald J. Trump (@realDonaldTrump), Twitter, Dec. 5, 2020 10:33 p.m. ET, available at https://media-cdn.factba.se/realdonaldtrump-twitter/1335351633459310593.jpg (archived). Regarding Kemp, he asked “What’s wrong with this guy? What is he hiding?”322 Donald J. Trump (@realDonaldTrump), Twitter, Dec. 7, 2020 3:37 p.m. UTC, available at https://media-cdn.factba.se/realdonaldtrump-twitter/1335971721262796801.jpg (archived). and he alleged that “RINOs” Governor Kemp, Lieutenant Governor Geoff Duncan, and Secretary Raffensperger “will be solely responsible” for Senators Loeffler and Perdue losing their senate runoff because they “[w]on’t call a Special Session or check for Signature Verification! People are ANGRY!”323 Donald J. Trump (@realDonaldTrump), Twitter, Dec. 7, 2020 7:50 p.m. ET, available at https://media-cdn.factba.se/realdonaldtrump-twitter/1336110929856040960.jpg (archived).
¶President Trump’s spoken remarks were not much different. After the President wrapped up a November 26th public phone call to wish U.S. service members a happy Thanksgiving, he answered a reporter’s question about election integrity in Georgia by lashing out at Secretary Raffensperger in particular. President Trump made several baseless claims of election fraud in Georgia, declared that Raffensperger himself appeared to be complicit, and labeled the Georgia Secretary of State “an enemy of the people.”324 Donald Trump Thanksgiving Call to Troops Transcript 2020: Addresses Possibility of Conceding Election, Rev, (Nov. 26, 2020), available at https://www.rev.com/blog/transcripts/donald-trump-thanksgiving-call-to-troops-transcript-2020-addresses-possibility-of-conceding-election.
¶President Trump and his team’s practice of naming and viciously criticizing people had real consequences. Philadelphia City Commissioner Al Schmidt’s story, recounted earlier, is just one of many examples. And the consequences weren’t just limited to high-profile public figures. Schmidt’s deputy, for example, Seth Bluestein faced threats after being demonized by a surrogate for President Trump, and many of the threats he received were anti-Semitic in nature. He received a Facebook message telling him that “EVERYONE WITH A GUN IS GOING TO BE AT YOUR HOUSE- AMERICANS LOOK AT THE NAME- ANOTHER JEW CAUGHT UP IN UNITED STATES VOTER FRAUD.”325 Linda So and Jason Szep, “Campaign of Fear: U.S. Election Workers Get Little Help from Law Enforcement as Terror Threats Mount,” Reuters, (Sept. 8, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-law-enforcement/. Bluestein got a security detail at his home, and the experience gave his three-year-old daughter nightmares.326 Fredreka Schouten, “Personal Threats, Election Lies and Punishing New Laws Rattle Election Officials, Raising Fears of a Mass Exodus,” CNN, (July 21, 2021), available at https://www.cnn.com/2021/07/21/politics/election-officials-exodus/index.html.
303¶Similarly, after President Trump promoted online accusations that Arizona House Speaker Rusty Bowers had been “intentionally misleading the people of Arizona . . .”327 Donald J. Trump (@realDonaldTrump) RT of Christina Bobb (@christina_bobb) QT of Ali #StopTheSteal Alexander (@ali), Twitter, Dec. 6, 2020 12:53 a.m. ET, available at https://media-cdn.factba.se/realdonaldtrump-twitter/1335462365370994689.jpg (archive); Donald J. Trump (@realDonaldTrump), Twitter, Dec. 6, 2020 12:53 a.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22rusty+bowers%22&dates=%5B%222020-11-29%22%2C%222020-12-29%22%5D&results=1 (archived) (retweeting Christina Bobb). Bowers’s personal cell phone and home address were published,328 Dennis Welch (@dennis_welch), Twitter, Dec. 8, 2020 11:23 p.m. ET, available at https://twitter.com/dennis_welch/status/1336526978640302080 (retweeting people who were posting Bowers’s personal information); Dennis Welch (@dennis_welch), Twitter, Dec. 8, 2020 11:28 p.m. ET, available at https://twitter.com/dennis_welch/status/1336528029791604737. leading demonstrators to congregate at his home, honk horns and shout insults until police arrived.329 Select Committee to Investigate the January 6th Attack on the U.S. Capitol, Transcribed Interview with Russel “Rusty” Bowers (June 19, 2022), pp. 50-52; Kelly Weill, “Arizona GOP Civil War Somehow Keeps Getting Weirder,” Daily Beast, (Dec. 11, 2020), available at https://www.thedailybeast.com/arizona-republican-party-civil-war-somehow-keeps-getting-weirder; Yvonne Wingett Sanchez and Ronald J. Hansen, “‘Asked to do Something Huge’: An Audacious Pitch to Reserve Arizona’s Election Results,” Arizona Republic, (Nov. 18, 2021, updated Dec. 2, 2021), available at https://www.azcentral.com/in-depth/news/politics/elections/2021/11/18/arizona-audit-rudy-giuliani-failed-effort-replace-electors/6349795001/. Bowers told the Select Committee this was the first of at least nine protests at his home, sometimes with protesters shouting into bullhorns and calling him a pedophile.330 Select Committee to Investigate the January 6th Attack on the U.S. Capitol, Transcribed Interview with Russel “Rusty” Bowers (June 19, 2022), pp. 50-52. One protestor who showed up at his home was armed and believed to be a member of an extremist militia.331 House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, Transcribed Interview with Russel “Rusty” Bowers (June 19, 2022), pp. 50-52.
¶Sadly, those were not isolated incidents. Stories similar to Schmidt’s and Bowers’ proliferated after President Trump’s loss in the election. Examples from each of the States discussed in this chapter are documented below, but this list is by no means exhaustive:
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¶
- Arizona: After Secretary of State Katie Hobbs’s home address and son’s phone number were publicly released, demonstrators congregated outside her home chanting “we are watching you.”332 Brahm Resnik, “VIDEO: Group chants ‘We are watching you’ outside Arizona Secretary of State Katie Hobbs’ home,” KPNX 12 News, (Nov. 18, 2020), available at https://www.12news.com/article/news/politics/video-group-chants-we-are-watching-you-outside-arizona-secretary-of-state-katie-hobbs-home/75-a569ae35-3b62-424e-88f8-f03ca8b89458; “Arizona Sec. of State Says She Hays Received Threats of Violence Following Election,” Fox 10 Phoenix, (Nov. 18, 2020, updated Nov. 19, 2020), available at https://www.fox10phoenix.com/news/arizona-sec-of-state-says-she-has-received-threats-of-violence-following-election; Brahm Resnik, “Arizona Law Enforcement Investigating Social Media Threat against Top Elections Official,” KPNX 12 News, (Nov. 18, 2020), available at https://www.12news.com/article/news/local/arizona/arizona-law-enforcement-investigating-social-media-threat-against-top-elections-official/75-486474ea-11c9-47ad-a325-8bbed6e3e231. A social media user at the time recommended: “Let’s burn her house down and kill her family and teach these fraudsters a lesson.”333 “Arizona Sec. of State Says She Hays Received Threats of Violence Following Election,” Fox 10 Phoenix, (Nov. 18, 2020, updated Nov. 19, 2020), available at https://www.fox10phoenix.com/news/arizona-sec-of-state-says-she-has-received-threats-of-violence-following-election; Brahm Resnik, “Arizona Law Enforcement Investigating Social Media Threat against Top Elections Official,” KPNX 12 News, (Nov. 18, 2020), available at https://www.12news.com/article/news/local/arizona/arizona-law-enforcement-investigating-social-media-threat-against-top-elections-official/75-486474ea-11c9-47ad-a325-8bbed6e3e231. Secretary Hobbs has continued to receive threats since then, reporting over 100 threats to the FBI in mid-2022, including a September 2021 voicemail message that “you should be hunted” and “will never be safe in Arizona again.”334 Isaac Dovere and Jeremy Herb, “‘It’s Absolutely Getting Worse’: Secretaries of State Targeted by Trump Election Lies Live in Fear for their Safety and are Desperate for Protection,” CNN, (Oct. 26, 2021), available at https://www.cnn.com/2021/10/26/politics/secretaries-of-state-personal-threats-trump-election-lies/index.html; Michael Wines and Eliza Fawcett, “Violent Threats to Election Workers are Common. Prosecutions are Not,” New York Times, (June 27, 2022, updated July 1, 2022), available at https://www.nytimes.com/2022/06/27/us/election-workers-safety.html.
- Arizona: Maricopa County Recorder Adrian Fontes testified before Congress that his family had “go-bags” packed in case they needed to evacuate and that, because of the threats, he had moved his children “out of the family home at least once for three days in the wake of serious threats to [his] family’s safety.”335 Committee on House Administration, Election Subversion: A Growing Threat to Election Integrity, Statement of Adrian Fontes Maricopa County Recorder (2016-2020), at *1, 6 (July 28, 2020), available at https://docs.house.gov/meetings/HA/HA00/20210728/113971/HHRG-117-HA00-Wstate-FontesA-20210728.pdf.
- Arizona: Paul Boyer, a Republican State senator, had to evacuate his family, get police protection, and change his phone number after he voted against jailing Maricopa’s County Supervisors over election disputes.336 Bob Christie, “Months after Biden Win, Arizona Officials Still Face Threats,” Associated Press, (Feb. 12, 2021), available at https://apnews.com/article/joe-biden-donald-trump-arizona-phoenix-elections-2bd2306acb2ae89c0ef37182fbb415b7.
- Arizona: On January 5, 2021, a comment on a blog suggested some members of the Maricopa County Board of Supervisors “have earned a good old fashioned neck tie party” as “punishment for Treason.”337 Nicole Valdes, “Online Death Threats Target Maricopa County Board of Supervisors,” ABC 15 Arizona, (Jan. 8, 2021, updated Jan. 9, 2021), available at https://www.abc15.com/news/state/enough-is-enough-online-death-threats-target-maricopa-county-board-of-supervisors. According to Board member Clint Hickman, “the threats never abated.”338 Washington Post, “The Arizona election official who faced death threats for telling the truth,” YouTube, at 0:21, Nov. 2, 2021, available at https://www.youtube.com/watch?v=6gAc47ivjYk. And on January 6th, police convinced Hickman and his family to leave their home.339 Genesis Sandoval, “Hickman: A Year after 2020 Elections, Threats, Abuse Still Coming In,” Cronkite News Arizona PBS, (Nov. 2, 2021), available at https://cronkitenews.azpbs.org/2021/11/02/hickman-a-year-after-2020-elections-threats-abuse-still-coming-in/.
- Michigan: Secretary of State Jocelyn Benson and her family were driven out of their home for several days after dozens of protestors with bullhorns and firearms congregated outside “shouting obscenities and graphic threats into bullhorns”340 United States Senate Committee on the Judiciary, Hearing on Protecting our Democracy’s Frontline Workers (Aug. 3, 2022), Written testimony by Jocelyn Benson, available at https://www.judiciary.senate.gov/imo/media/doc/Testimony%20-%20Benson.pdf; Michigan Department of State, “Statement from Secretary of State Jocelyn Benson Concerning Threats against Her and Her Family,” (Dec. 6, 2020), available at https://www.michigan.gov/sos/Resources/News/2020/12/06/statement-from-secretary-of-state-jocelyn-benson-concerning-threats-against-her-and-her-family; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Jocelyn Benson, (June 2, 2022), pp. 35-39. while she spent time with her son and got him ready for bed.341 Michigan Department of State, “Statement from Secretary of State Jocelyn Benson Concerning Threats against Her and Her Family, (Dec. 6, 2020), available at https://www.michigan.gov/sos/Resources/News/2020/12/06/statement-from-secretary-of-state-jocelyn-benson-concerning-threats-against-her-and-her-family; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Jocelyn Benson (June 2, 2022), pp. 35-39. Secretary Benson said that she only feels safe “sometimes” as a result of continuing threats.342 Isaac Dovere and Jeremy Herb, “‘It’s Absolutely Getting Worse’: Secretaries of State Targeted by Trump Election Lies Live in Fear for their Safety and are Desperate for Protection,” CNN, (Oct. 26, 2021), available at https://www.cnn.com/2021/10/26/politics/secretaries-of-state-personal-threats-trump-election-lies/index.html.
- Michigan: Several members of the Wayne County Board of Canvassers received threats, as did Aaron Van Langevelde, a Republican member of the State Board of Canvassers.343 Select Committee to Investigate the January 6th Attack on the United States Capitol, Informal Interview of Aaron Van Langevelde and Adrianne Van Langevelde, (Oct. 21, 2021); Tim Alberta, “The Inside Story of Michigan’s Fake Voter Fraud Scandal,” Politico, (Nov. 24, 2020), available at https://www.politico.com/news/magazine/2020/11/24/michigan-election-trump-voter-fraud-democracy-440475; Rod Meloni and Natasha Dado, “Michigan AG Launches Investigation into Threats against Canvassers,” Click on Detroit, (Nov. 24, 2020), available at https://www.clickondetroit.com/news/local/2020/11/24/michigan-ag-launches-investigation-into-threats-against-canvassers/. Van Langevelde was bombarded with communications and people began showing up at his family’s home, forcing police to ensure his and his family’s safety and escort him across the State after he voted to certify Michigan’s election.344 Select Committee to Investigate the January 6th Attack on the United States Capitol, Informal Interview of Aaron Van Langevelde, (Oct. 21, 2021).
- Michigan: Detroit City Clerk Janice Winfrey, a Democrat, and Rochester Hills City Clerk Tina Barton, a Republican, were both targeted. Barton had never before received a death threat in over a decade of work as an election official but, as a result of the 2020 Presidential election, was subject to “a torrent of threats and harassment,” such as an anonymous caller who “repeatedly threatened to kill her and her family.”345 Trey Grayson, Matthew Masterson, Orion Danjuma, and Ben Berwick, “State and Local Solutions Are Integral to Protect Election Officials and Democracy,” Just Security, (Feb. 9, 2022), available at https://www.justsecurity.org/80142/state-and-local-solutions-are-integral-to-protect-election-officials-and-democracy/; Stanford Internet Observatory, “Tina Barton – Aftermath – Death Threats,” YouTube, (Sept. 20, 2021), available at https://www.youtube.com/watch?v=Xi5Y7bwvy-Y. Winfrey was confronted outside her home by a man who indicated he had been surveilling her and that “You are going to pay dearly for your actions in this election!”346 Melissa Nann Burke and George Hunter, “‘I Feel Afraid’: Detroit Clerk Winfrey Testifies to U.S. House Panel on Death Threats She Received,” Detroit News, (July 28, 2021), available at https://www.detroitnews.com/story/news/politics/2021/07/28/winfrey-testifies-before-house-panel-threats-election-workers/5400419001/. She started carrying a firearm because death threats against her continued.347 Linda So and Jason Szep, “Campaign of Fear: U.S. Election Workers Get Little Help from Law Enforcement as Terror Threats Mount,” Reuters, (Sept. 8, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-law-enforcement/.
- Michigan: Michigan House Speaker Lee Chatfield confirmed that “I and my family have received numerous threats, along with members on both sides of the aisle.”348 Dave Boucher, “Black Michigan Lawmaker Posts Voicemails Saying She Should be Lynched,” Detroit Free Press, (Dec. 6, 2020), available at https://www.freep.com/story/news/politics/elections/2020/12/06/michigan-lawmaker-posts-voicemails-saying-she-should-lynched/3849695001/. This included the top Democrat on Michigan’s House Oversight Committee, Rep. Cynthia Johnson, who was threatened with lynching after she challenged the witnesses that Giuliani offered to her committee.349 Dave Boucher, “Black Michigan Lawmaker Posts Voicemails Saying She Should be Lynched,” Detroit Free Press, (Dec. 6, 2020), available at https://www.freep.com/story/news/politics/elections/2020/12/06/michigan-lawmaker-posts-voicemails-saying-she-should-lynched/3849695001/. One caller who allegedly threatened to kill Rep. Johnson and wipe out her family in December 2020 called the Capitol again on the morning of January 7, 2021, and said that “everyone better get out of the building because it’ll fucking explode.”350 Kayla Clarke, “Man faces felony charges for bomb threat at Michigan Capitol Building, threats against state representative,” Click on Detroit, (Jan. 8, 2021), available at https://www.clickondetroit.com/news/local/2021/01/08/man-faces-felony-charges-for-bomb-threat-at-michigan-capitol-building-threats-against-state-representative/ (linking to affidavit).
- Pennsylvania: Secretary of the Commonwealth Kathy Boockvar said she received so many threats “I didn’t feel comfortable walking the dog on the street.”351 Isaac Dovere and Jeremy Herb, “‘It’s Absolutely Getting Worse’: Secretaries of State Targeted by Trump Election Lies Live in Fear for their Safety and are Desperate for Protection,” CNN, (Oct. 26, 2021), available at https://www.cnn.com/2021/10/26/politics/secretaries-of-state-personal-threats-trump-election-lies/index.html; see also Select Committee to Investigate the January 6thAttack on the United States Capitol, Informal Interview of Kathy Boockvar, (Dec. 22, 2021). This included a message in November 2020 threatening to murder her in her home at night, forcing her and her husband to flee for a week.352 Linda So and Jason Szep, “Campaign of Fear: U.S. Election Workers Get Little Help from Law Enforcement as Terror Threats Mount,” Reuters, (Sept. 8, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-law-enforcement/. Another voicemail she received after certifying Pennsylvania’s election results threatened: “You crooked f***ing bitch. You’re done.”353 Isaac Dovere and Jeremy Herb, “‘It’s Absolutely Getting Worse’: Secretaries of State Targeted by Trump Election Lies Live in Fear for their Safety and are Desperate for Protection,” CNN, (Oct. 26, 2021), available at https://www.cnn.com/2021/10/26/politics/secretaries-of-state-personal-threats-trump-election-lies/index.html.
- Pennsylvania: House Speaker Bryan Cutler told the Select Committee there were at least three protests outside either his district office or his home, and that his then-15-year-old son was home by himself for the first one.354 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Bryan Cutler, (May 31, 2022), pp. 83-84. Senate Jake Corman’s spokesperson revealed in December 2020 that he, too, was being subjected to violent threats,355 Geoff Rushton, “Police Investigating Threat Made During State College Borough Council Meeting,” StateCollege.com, (Dec. 8, 2020), available at https://www.statecollege.com/police-investigating-threat-made-during-state-college-borough-council-meeting/. something Senate Majority Leader Kim Ward also received.356 Jan Murphy, “Meet Pa. Senate GOP Leader Kim Ward, the First Woman to Hold That Post: ‘I Have To Do a Good Job’”, PennLive.com, (Jan. 26, 2021), https://www.pennlive.com/news/2021/01/meet-pa-senate-gop-leader-kim-ward-the-first-woman-to-hold-that-post-i-have-to-do-a-good-job.html.
- Pennsylvania: Philadelphia City Commissioner Omar Sabir, spent several nights evacuated from his home and continued to receive death threats a year after the 2020 election, reflecting that, “I feel anxiety every time I walk outside of the house.”357 Matt Petrillo, “‘We’re Coming after You’: Philadelphia Elections Officials Still Receiving Death Threats Following 2020 Presidential Election,” CBS Philly 3, (Nov. 1, 2021), available at https://philadelphia.cbslocal.com/2021/11/01/philadelphia-election-officials-death-threat-donald-trump-joe-biden/; Linda So and Jason Szep, “Campaign of Fear: U.S. Election Workers Get Little Help from Law Enforcement as Terror Threats Mount,” Reuters, (Sept. 8, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-law-enforcement/. Commissioner Lisa Deeley, another City Commission colleague, also received death threats and said she suffers occasional anxiety attacks as a result.358 Linda So and Jason Szep, “Special Report: Terrorized U.S. Election Workers Get Little Help from Law Enforcement,” Reuters, (Sept. 8, 2021), available at https://www.reuters.com/legal/government/terrorized-us-election-workers-get-little-help-law-enforcement-2021-09-08/.
- Georgia: After Georgia Secretary of State Brad Raffensperger’s email and phone number were published, he said that he and his wife received frequent hostile messages, some of which “typically came in sexualized attacks.”359 Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 21, 2022), at 2:10:00 to 2:11:00, available at https://www.youtube.com/watch?v=xa43_z_82Og. As a result, the Secretary’s wife cancelled visits from their grandchildren out of fear for the kids’ safety.360 Linda So, “Special Report: Trump-Inspired Death Threats are Terrorizing Election Workers,” Reuters, (June 11, 2021), available at https://www.reuters.com/article/us-usa-trump-georgia-threats-special-rep/special-report-trump-inspired-death-threats-are-terrorizing-election-workers-idUSKCN2DN14M. That was not an overreaction as that came after police found self-identified members of the Oath Keepers outside their home and after someone broke into their daughter-in-law’s house.361 Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 21, 2022), at 2:10:00 to 2:11:00, available at https://www.youtube.com/watch?v=xa43_z_82Og; Linda So, “Special Report: Trump-Inspired Death Threats are Terrorizing Election Workers,” Reuters, (June 11, 2021), available at https://www.reuters.com/article/us-usa-trump-georgia-threats-special-rep/special-report-trump-inspired-death-threats-are-terrorizing-election-workers-idUSKCN2DN14M.
- Georgia: On January 5, 2021, Governor Kemp and Secretary Raffensperger were reportedly named in a Craigslist post encouraging people to “put an end to the lives of these traitors.”362 Jeff Pegues and Robert Legare, “Texas Man Charged with Making Election-Related Threats to Georgia Government Officials,” CBS News, (Jan. 21, 2022), available at https://www.cbsnews.com/news/chad-christopher-stark-charged-election-related-threats-georgia-government-officials/.
- Georgia: Fulton County Elections Director Richard Barron was named and depicted on screen in the video President Trump played at his December 5th rally. He said that this incident led to a spike in death threats targeted at election workers, including himself.363 Linda So, “Special Report: Trump-Inspired Death Threats are Terrorizing Election Workers,” Reuters, (June 11, 2021), available at https://www.reuters.com/article/us-usa-trump-georgia-threats-special-rep/special-report-trump-inspired-death-threats-are-terrorizing-election-workers-idUSKCN2DN14M. His team’s registration chief, Ralph Jones, received death threats following the election including one calling him a “n[igger] who should be shot,” and another threatening “to kill him by dragging his body around with a truck.”364 Linda So, “Special Report: Trump-Inspired Death Threats are Terrorizing Election Workers,” Reuters, (June 11, 2021), available at https://www.reuters.com/article/us-usa-trump-georgia-threats-special-rep/special-report-trump-inspired-death-threats-are-terrorizing-election-workers-idUSKCN2DN14M.
- Georgia: Election offices in ten Georgia counties received emailed threats of bombings that would “make the Boston bombings look like child’s play” and that the “death and destruction” would continue “[u]ntil Trump is guaranteed to be POTUS . . . .”365 Linda So, “Special Report: Trump-Inspired Death Threats are Terrorizing Election Workers,” Reuters (June 11, 2021), available at https://www.reuters.com/article/us-usa-trump-georgia-threats-special-rep/special-report-trump-inspired-death-threats-are-terrorizing-election-workers-idUSKCN2DN14M.
¶One of the most striking examples of the terror that President Trump and his allies caused came in Georgia, where election workers Ruby Freeman and Shaye Moss, mother and daughter, were besieged by incessant, terrifying harassment and threats that often evoked racial violence and lynching, instigated and incited by the President of the United States.
¶As described earlier, in a State legislative hearing in Georgia, Giuliani publicly—and baselessly—accused Freeman and Moss of engaging in criminal conduct. He showed a video of Freeman passing Moss a ginger mint before claiming that the two women, both Black, were smuggling USB drives “as if they’re vials of heroin or cocaine.”366 GA House Mobile Streaming, “Governmental Affairs 12.10.20,” Vimeo – Livestream, at 2:09:00-2:13:00, available at https://livestream.com/accounts/25225474/events/9117221/videos/214677184; Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th investigation, 117th Cong., 2d sess., (June 21, 2022), at 2:25:45 to 2:26:00, available at https://youtu.be/xa43_z_82Og?t=8745.
306¶President Trump seemed fixated on Freeman and Moss, too. He played surveillance video showing them inside the State Farm Arena at a December 5th rally in Georgia,367 Donald Trump Georgia Rally Transcript Before Senate Runoff Elections December 5,” Rev, (Dec. 5, 2020), available at https://www.rev.com/blog/transcripts/donald-trump-georgia-rally-transcript-before-senate-runoff-elections-december-5; Jason Szep and Linda So, “A Reuters Special Report: Trump Campaign Demonized Two Georgia Election Workers – and Death Threats Followed,” Reuters, (Dec. 1, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-georgia/. and mentioned Freeman by name 18 times during the January 2nd call to Secretary of State Raffensperger in which he asked the Secretary to simply “find” enough votes to ensure victory.368 Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi,Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics/trump-raffensperger-call-transcript-georgia-vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html (the Washington Post redacted Freeman’s name and instead used “[name]” in the transcript); “Donald Trump Georgia Phone Call Transcript with Sec. of State Brad Raffensperger: Says He Wants to ‘Find’ Votes,” Rev, (Jan. 4, 2021), available at https://www.rev.com/blog/transcripts/donald-trump-georgia-phone-call-transcript-brad-raffensperger-recording.
¶Freeman’s and Moss’s lives were forever changed. After their contact information was published, they were besieged by the President’s supporters. In early December 2020, Freeman “told police she had received hundreds of threats at her home.”369 Jason Szep and Linda So, “A Reuters Special Report: Trump Campaign Demonized Two Georgia Election Workers – and Death Threats Followed,” Reuters, (Dec. 1, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-georgia/. Moss’s son also started receiving threatening phone calls, including one stating he “should hang alongside [his] nigger momma.”370 Freeman v. Giuliani, No. 21-cv-03354-BAH (D.D.C. filed May 10, 2022), ECF No. 22 (Amended Complaint at 52), available at https://www.courtlistener.com/docket/61642105/22/freeman-v-herring-networks-inc.
¶In the wake of President Trump’s December 5, 2020, rally, Freeman called 911 because strangers had come to her home trying to lure her out, sending threatening emails and text messages.371 Jason Szep and Linda So, “A Reuters Special Report: Trump Campaign Demonized Two Georgia Election Workers – and Death Threats Followed,” Reuters, (Dec. 1, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-georgia/. She pleaded with the 911 dispatcher for help after hearing loud banging on her door just before 10 p.m. “Lord Jesus, where’s the police?” she asked the dispatcher. “I don’t know who keeps coming to my door.” “Please help me!”372 Jason Szep and Linda So, “A Reuters Special Report: Trump Campaign Demonized Two Georgia Election Workers – and Death Threats Followed,” Reuters, (Dec. 1, 2021), available at https://www.reuters.com/investigates/special-report/usa-election-threats-georgia/.
¶Ultimately, Freeman fled from her own home based on advice from the FBI.373 Amended Complaint at 52, Freeman v. Giuliani, No. 21-cv-03354-BAH (D.D.C. filed May 10, 2022), ECF No. 22, available at https://www.courtlistener.com/docket/61642105/22/freeman-v-herring-networks-inc. She would not move back for months.374 Amended Complaint at 52, Freeman v. Giuliani, No. 21-cv-03354-BAH (D.D.C. filed May 10, 2022), ECF No. 22, available at https://www.courtlistener.com/docket/61642105/22/freeman-v-herring-networks-inc.
307¶In her testimony to the Select Committee, Freeman recounted how she had received “hundreds of racist, threatening, horrible calls and messages” and that now “[t]here is nowhere I feel safe—nowhere.”375 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Ruby Freeman, (May 31, 2022), pp. 7-8. But it’s not just a sense of security that the President and his followers took from Freeman. She told the Select Committee that she also lost her name and reputation:
My name is Ruby Freeman. I’ve always believed it when God says that he’ll make your name great, but this is not the way it was supposed to be. I could have never imagined the events that followed the Presidential election in 2020. For my entire professional life, I was Lady Ruby. My community in Georgia where I was born and lived my whole life knew me as Lady Ruby . . . . Now I won’t even introduce myself by my name anymore. I get nervous when I bump into someone I know in the grocery store who says my name. I’m worried about who’s listening. I get nervous when I have to give my name for food orders. I’m always concerned of who’s around me. I’ve lost my name, and I’ve lost my reputation.
I’ve lost my sense of security—all because a group of people, starting with Number 45 and his ally Rudy Giuliani, decided to scapegoat me and my daughter Shaye to push their own lies about how the presidential election was stolen.376 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Ruby Freeman, (May 31, 2022), pp. 7-8.
¶Freeman’s sense of dread is well-founded. According to Federal prosecutors, a member of the Oath Keepers militia convicted of multiple offenses for his role in the January 6th insurrection had a document in his residence with the words “DEATH LIST” written across the top.377 Government’s Motion Regarding Anticipated Trial Evidence and Notice Pursuant to Federal Rule of Evidence 404(b) at 1-2, 24-26, United States v. Rhodes, et al., No. 1:22-cr-15 (D.D.C. July 8, 2022), ECF No. 187; Brandi Buchman (@Brandi_Buchman), Twitter, Oct. 6, 2022 7:27 a.m. ET, available at https://twitter.com/Brandi_Buchman/status/1577983997711421441.
¶His death list contained just two names: Ruby Freeman and Shaye Moss.378 Hannah Rabinowitz and Holmes Lybrand, “Judge Says Oath Keepers Jury Won’t See ‘Death List’,” CNN (Oct. 6, 2022), https://www.cnn.com/2022/10/06/politics/judge-says-oath-keepers-jury-wont-see-death-list-trial-day-3.
340¶Georgia Electors cast their Electoral College votes at the Georgia State Capitol on December 14, 2020. (Photo by Jessica McGowan/Getty Images)
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