‘The litigation election’: Trump and Harris teams head to court in flurry of pre-election lawsuits
Miguel J. Rodriguez Carrillo / AFP via Getty Images
(WASHINGTON) — In the tumultuous weeks following the 2020 election, former President Donald Trump and his allies scrambled to challenge his election loss with a flurry of lawsuits.
Their efforts failed, with judges across the country condemning their scattershot claims. But as Election Day 2024 approaches, Trump and the Republican National Committee have adopted what they say is a more aggressive pre-election legal strategy.
“Trump learned his lesson from 2020, and he has a really good legal team at the campaign and the RNC,” said Mike Davis, a lawyer and Trump ally who has been floated for a potential appointment in a Trump administration. “We are so much better prepared.”
Earlier this year, the Republican National Committee and the Trump campaign announced what they described as an “historic” “election integrity” program with the mission of deploying 100,000 volunteers and attorneys in battleground states, and implementing what they called a “proactive litigation effort.”
According to a Republican National Committee official, in recent months the program has engaged in over 130 election lawsuits across 26 states, and recruited approximately 5,000 volunteer attorneys who are ready to be activated on Election Day.
Democrats, too, have taken on an offensive posture. They have aggressively pushed back in the courts, intervening in “dozens of baseless Republican lawsuits to debunk their lies and defeat them in court,” according to an internal memo prepared by Vice President Kamala Harris’ chief attorney, Dana Remus.
“We know how to defeat Trump’s tactics,” said the memo, a copy of which was obtained by ABC News.
Some election experts have also expressed concern about the GOP-led legal strategy, accusing some Republicans of peddling lies and seeking to create confusion about voting laws in order to sow chaos should Trump lose the election.
Wendy Weiser, who directs the Democracy Program at the nonprofit Brennan Center for Justice, told ABC News that the 2024 election has become “both the disinformation and the litigation election.”
“We’re seeing a record number of lawsuits filed before the election — nearly every day — in a seemingly coordinated push to use the legitimacy of the courts to lay the groundwork for discrediting an unfavorable result,” Weiser said. “The lawsuits are not about getting legal relief, but about spreading conspiracy theories.”
Following the 2020 election, Trump and his allies filed over 60 lawsuits challenging the election’s outcome based on allegations of fraud, despite no evidence of widespread fraud that could have impacted the result. Nearly every single lawsuit was rejected, thrown out, or withdrawn— including two denials from the Supreme Court. In some cases, judges dismissed the lawsuits while expressing frustration over the lack of evidence, and some attorneys who publicly represented the president have since been disbarred, faced defamation claims, or been criminally charged.
Allies of the former president say that this time, they’re determined to be more aggressive in the lead-up to Election Day.
“If you wait till after the election to take legal action, you’re not going to get a judge to side with you,” Davis said. “You need to get injunctions ahead of time on signature verification and other issues, because if you wait till after the election, good luck.”
Some issues have already begun bubbling up in one of the most hotly contested states: Arizona. The Arizona Republican Party recently announced that it had brought in attorney and Trump loyalist Harmeet Dhillon to take over its election integrity operation.
Dhillon’s name was announced following the resignation of Kory Langhofer, who had served as chief legal counsel for the Arizona operation until the first week of October.
Sources familiar with the situation tell ABC News that Langhofer had long planned to hand over the reins. The move, however, reflects what sources said is a broader concern among some Republican lawyers in Arizona who have grown weary about the party’s legal strategies in the state, with some involved already having to halt others from bringing frivolous legal complaints.
Republicans in Arizona have set up a team tasked with receiving and sorting through reported election issues from around the state, which one source familiar with the operation described as a “daily turn of frivolous problems.”
On election night, the RNC is planning to have volunteer attorneys help staff a hotline where poll watchers and others on the ground can report issues, the RNC official said. In some states, there will be lawyers on the ground as well. Already, staff is on the ground in 18 states to handle the “election integrity” effort, the RNC official said.
Responding to critics, the RNC’s Election Integrity communications director Claire Zunk said their “unprecedented election integrity operation is committed to defending the law and protecting every legal vote” and that they will “continue to fight for a fair and transparent election for all Americans.”
Republicans’ efforts this year come after the RNC in 2018 was released from its decadeslong consent decree that had blocked it engaging in “ballot security” measures since the early 1980s.
The Harris campaign, meantime, has marshaled a centralized legal team of over half a dozen lawyers to handle election claims.
“The 2024 presidential election is already the most litigated in American history,” according to the internal Harris campaign memo, “but we are also the most prepared campaign in history for what we face.”
The group is led by Dana Remus, who provides overall strategic direction and leads the campaign’s legal election protection programs. Lawyers including Seth Waxman of Wilmer Hale, Don Verrilli of Munger, Tolles & Olson, and John Devaney of Perkins Coie are litigating cases and working with local counsel in battleground states. Lawyers including Bob Bauer and Marc Elias are also advising the team.
It’s part of an effort that lawyers from the Harris campaign told ABC News they’ve been building up for years, since President Joe Biden took office in 2021 and they immediately began planning for the next cycle. One of the first things that was done when Biden launched his reelection effort in 2023, the lawyers said, was to call a meeting to start putting together the post-election plan.
“We’ve brainstormed the worst scenarios, and are ready to go if we see them,” said Maury Riggan, the general counsel for the campaign, in an interview with ABC News.
“The veteran lawyers who fought and won in 2020 have been preparing for dozens of scenarios, drafting thousands of pages of legal briefs, and working directly with hundreds of lawyers and experts on the ground in battleground states so we are ready for whatever the other side throws our way,” the Harris campaign’s internal memo said.
Together, the Democratic National Committee, with support from the Harris campaign, is involved in 35 lawsuits around the country, lawyers with the Harris campaign told ABC News.
Earlier this month, for example, the DNC, filed a lawsuit in Georgia after the state’s pro-Trump State Election Board passed a series of controversial voting rules over the objection of some of the highest Republican elections officials in the state.
The Democrats won the suit last week after a judge struck down a controversial “hand count” rule that would have required election workers to hand count the ballots on election night — a process they said would invite “chaos” on election night and beyond. Six other rules were struck down as well.
“From the beginning, this rule was an effort to delay election results to sow doubt in the outcome, and our democracy is stronger thanks to this decision to block it,” said a joint statement from the Harris campaign, the DNC, and Georgia Democrats. “We will continue fighting to ensure that voters can cast their ballot knowing it will count.”
The RNC has appealed the decision, with RNC Chairman Michael Whatley saying the judge “exemplified the very worst of judicial activism.”
The Democrats’ aggressive legal posture has trickled down to the individual states. In the battleground state of Nevada, the Democrat secretary of state said his office has started pre-drafting legal filings with his attorney general to try to anticipate any issues that may come up — a process he likened to a game of “Mad Libs.”
“You know the county, you fill in the county name, you fill in the date, you fill in the facts,” said Secretary of State Cisco Aguilar in an interview with ABC News’ Terry Moran. “And you file that thing as soon as you can before the Nevada Supreme Court.”
According to Marc Elias, a prominent election litigation lawyer brought on by the Harris campaign this cycle, there have been almost 180 election lawsuits filed around the country this year — a number he said is “a record for the most new cases ever filed in a single year.”
Active litigation is pending in 39 states, Elias said in a recent post on X, with prominent battleground states seeing the most activity. Georgia leads the way with 23 lawsuits, followed by Pennsylvania with 16.
Official White House Photo by Shealah Craighead via Flickr
(WASHINGTON) — President-elect Donald Trump continues to announce his picks for top jobs inside his administration, most recently naming nominees for energy secretary and to helm the Federal Communications Commission.
Meanwhile, fallout continues for former Rep. Matt Gaetz, Trump’s choice to serve as attorney general. The House Ethics Committee was investigating Gaetz for alleged sexual misconduct and illicit drug use. Calls are growing for the panel to release its report on Gaetz, who resigned from the House last week.
Musk and Ramaswamy outline plans for regulations cuts, ‘mass headcount reductions’ in op-ed
Elon Musk and Vivek Ramaswamy — who will lead what Trump’s calling a new “Department of Government Efficiency” — outlined their plans for sweeping regulations cuts and “mass headcount reductions across the federal bureaucracy” in a Wall Street Journal op-ed published Wednesday.
In the piece, titled “The DOGE Plan to Reform Government,” they noted how they believe recent U.S. Supreme Court rulings give Trump constitutional authority to roll back many regulations via executive order.
They laid out scenarios for dramatically shrinking the federal workforce through various means including early retirement, voluntary severance, “large-scale firings” and requiring workers to come to the office five days a week which they said “would result in a wave of voluntary terminations that we welcome.”
Citing areas of waste to be cut, Musk and Ramaswamy singled out funding for PBS, Planned Parenthood and “grants to international organizations.”
“We will serve as outside volunteers, not federal officials or employees,” they wrote. “Unlike government commissions or advisory committees, we won’t just write reports or cut ribbons. We’ll cut costs.”
-ABC News’ Claire Brinberg
RFK Jr. involved in vetting potential Department of Agriculture appointees: Sources
Robert F. Kennedy Jr. and his team are involved in vetting potential appointees for top roles at the U.S. Department of Agriculture, according to multiple people familiar with the dynamics — indicating that Kennedy’s influence in staffing Trump’s administration extends beyond the department he was nominated to lead, Health and Human Services.
Kennedy allies began vetting potential USDA appointees prior to Kennedy’s nomination last Wednesday, but the vetting has continued in the week since, the sources said.
Kennedy himself in the past week has called at least one potential appointee — Jimmy Emmons, an Oklahoma farmer and regenerative agriculture advocate.
Emmons, who according to one source is being considered for USDA secretary, received a vetting call from Kennedy last Thursday, a representative for Emmons said.
“It was an honor to receive a call from RKF Jr.,” Emmons told ABC News in a statement. “Not only did my farming and business background catch their attention, but I was proud to be a Trump appointee within USDA during President Trump’s previous administration. The Trump administration and RFK Jr are going to put America’s farmers first because they know we are the key to bringing healthy products to market that are affordable and accessible to all Americans.”
A Kennedy spokeswoman did not respond to a request for comment on his involvement in filling USDA roles.
-ABC News’ Will McDuffie
Trump says ‘WE WILL WIN’ amid uncertainty about confirmation of some cabinet picks
As Vice President-elect JD Vance takes some of Trump’s cabinet picks around the Hill to shore up support, including Rep. Matt Gaetz, Trump attempts to blame Democrats for the allegations launched against some of his controversial picks.
“They dirty them up, they destroy them, and then they spit them out. They are trying that right now with some great American Patriots who are only trying to fix the mess that the Democrats have made of our Country,” Trump posted on his social media platform.
-ABC News’ Lalee Ibssa, Soo Rin Kim and Kelsey Walsh
Wednesday’s House Ethics Committee meeting includes vote on Gaetz report: Ranking member
Pennsylvania Rep. Susan Wild, the ranking member on the House Ethics Committee, confirmed to ABC News that a vote on whether to release the Gaetz ethics report is on the agenda for Wednesday’s meeting.
Wild wouldn’t comment further on what to expect Wednesday.
Several senators have called for the House Ethics Committee to release its report into Gaetz over allegations of sexual misconduct and illicit drug use before they consider his confirmation for attorney general.
All 10 members of the bipartisan House Ethics Committee have arrived at their meeting in Longworth.
Committee Chairman Michael Guest of Mississippi said he “can’t discuss anything we may or may not be taking up today” as he entered the room.
-ABC News’ John Parkinson, Jay O’Brien, Chris Boccia and Lauren Peller
Trump announces Matt Whitaker as NATO ambassador
In a statement Wednesday, President-elect Trump announced former acting attorney general Matt Whitaker as ambassador to NATO.
Whitaker was an active member of Trump’s 2024 campaign.
“Matt is a strong warrior and loyal Patriot, who will ensure the United States’ interests are advanced and defended,” Trump said.
Gaetz, Vance meet with senators on Capitol Hill ahead of House Ethics Committee meeting
Former Rep. Matt Gaetz, President-elect Trump’s nominee to be attorney general, is meeting with senators on Capitol Hill Wednesday morning alongside Vice President-elect JD Vance — hours before the House Ethics Committee is set to discuss its report on Gaetz.
The fate of the Gaetz report is in the hands of the committee, which has a reputation for being tight-lipped. It’s not clear if the committee will vote on whether to release the report.
GOP Sens. Josh Hawley and Lindsey Graham met with Vance and Gaetz Wednesday morning.
Graham told reporters that the meeting went well and that Gaetz deserves a fair nomination process.
“Here’s what I told him, no rubber stamps and no lynch mob. I’m not going to be part of a process that leaks information that shouldn’t be leaked,” Graham told reporters. “I’m not going to legitimize the process to destroy the man because people don’t like his politics. He will be held to account in the confirmation process. He deserves a chance to make his argument why he should be attorney general.”
Hawley was walking into the meeting when he told reporters that in his view, Congress should move forward with Gaetz’s confirmation process and respond to the allegations against him.
“Do the hearing and let him respond to everything under oath in public,” Hawley told reporters before entering the meeting.
-Allison Pecorin, Julia Cherner, Hannah Demissie
What to know about Dr. Oz
President-elect Donald Trump announced Tuesday that heart surgeon-turned-TV-host Dr. Mehmet Oz would lead the Centers for Medicare & Medicaid Services (CMS).
So is he a real doctor? What would he be in charge of in the role? And what are some of his past controversies?
Read more here about what to know about Oz, his medical career and some medical claims he’s made that have come under fire.
Lara Trump said she would ‘absolutely’ accept Senate appointment to fill Rubio seat if asked
Lara Trump, Republican National Committee co-chair and daughter-in-law of President-elect Trump, said Wednesday morning on Fox and Friends First that she would “absolutely” accept an appointment to the U.S. Senate to replace Sen. Marco Rubio Florida Gov. Ron DeSantis chooses her.
DeSantis will need to appoint someone to replace Rubio, who has been nominated to be Trump’s secretary of state. Rubio has not resigned from the Senate yet and like all Cabinet picks, is not confirmed yet — although his confirmation process is expected to go smoothly.
“I would be honored … to serve as the next senator from my state — right now, I’ve lived here for three and a half years — of Florida. Absolutely,” Lara Trump said.
Later, she added that DeSantis would “choose the best person for this position.”
“If he asks me to do it, yes, absolutely. It would be an honor,” she said.
-Oren Oppenheim
Stephen Miller indicates Trump would use recess appointments for Cabinet
Stephen Miller, President-elect Donald Trump’s deputy chief of staff of policy, joined Hannity on Tuesday evening where he discussed a wide range of topics including several of Trump’s day one missions — including recess appointments to his Cabinet.
Asked if some Cabinet appointments were to become troublesome if Trump would use the recess appointment process, Miller said he would.
“Yes, the president has won a mandate, and he will use all lawful constitutional means to fulfill that mandate on behalf of the people who voted for him in record numbers,” Miller said.
Indicating that immigration will be a priority, Miller said mass deportations will occur immediately.
“It is going to be at light speed,” Miller said. “The moment that President Trump puts his hand on that Bible and takes the oath of office, as he has said, the occupation ends, liberation day begins.”
Miller added that Trump will “immediately sign executive orders sealing the border shut, beginning the largest deportation operation in American history, finding the criminal gangs, rapists, drug dealers and monsters that have murdered our citizens and sending them home.”
-Kelsey Walsh, Lalee Ibssa, Soorin Kim
Trump is the ‘decision-maker,’ his press secretary replies when asked about her role
Karoline Leavitt gave her first interview since being chosen as President-elect Donald Trump’s press secretary last week.
Asked if there would be daily press briefings during her appearance on Fox News, Leavitt punted to Trump.
“It’s certainly something I’ll discuss with President Trump. Ultimately, he is the decision-maker, as you know, that was the way in his first White House. It was the way on our campaign, and I will defer to him,” Leavitt said.
She didn’t address whether they’d knock traditional media aside for right-side broadcasters or podcasters, as some news outlets have indicated.
“We hope there will be decorum, certainly, and we will try to instill that. But we’re not shy of the hostile media,” she said. “We’ve dealt with that now in the campaign for the last year. Nobody does it better than President Trump.”
Explaining that the most effective communication methods might include “bringing different voices into the press briefing room” and vaguely stating that it might also “include some different rules,” she added: “Ultimately, it’s about serving the American people and getting President Trump’s message across to them.”
-ABC News’ Lalee Ibssa, Soo Rin Kim and Kelsey Walsh
Trump picks Linda McMahon for education secretary
President-elect Donald Trump announced he is nominating Linda McMahon, a former World Wrestling Entertainment executive and the former Small Business Services secretary, to lead the Department of Education.
McMahon, who served as Trump’s Small Business Services administrator for two years, has no teaching or experience but served one year on the Connecticut State Board of Education.
Her appointment must be approved by the Senate.
ABC News’ Kelsey Walsh, Lalee Ibssa and Soo Rin Kim
Texas land commissioner offers 1,400 acres to Trump for ‘deportation facilities’
Texas Land Commissioner Dawn Buckingham is offering the incoming Trump administration 1,402 acres the office has purchased along the Texas-Mexico border to be used for a mass deportation operation, according to a letter on Tuesday to the president-elect.
Buckingham said she’s offering the land “to be used to construct deportation facilities.”
“My office is fully prepared to enter into an agreement with the Department of Homeland Security, Immigration and Customs Enforcement, or the United States Border Patrol to allow a facility to be built for the processing, detention, and coordination of the largest deportation of violent criminals in the nation’s history,” Buckingham wrote.
The move shows that despite the governors of border states California and Arizona pledging to not aid the Trump administration’s mass deportation plans, the incoming administration will have allies in Republican-led states.
Buckingham said she is “100% on board” with the incoming administration’s promise to deport criminals in an interview with Fox News, which was the first to report the news.
The plot of land is in Starr County, about 35 miles west of McAllen, Texas. The Texas General Land Office purchased it from a farmer in October to facilitate Texas’ efforts to build a wall.
“It’s essentially farmland, so it’s flat, it’s easy to build on,” Buckingham told Fox News. “We can very easily put a detention center on there — a holding place as we get these criminals out of our country.”
-ABC News’ Armando García
House Ethics Committee to meet behind closed doors Wednesday
The bipartisan House Ethics Committee is scheduled to meet Wednesday afternoon to discuss its report on the investigation of former Rep. Matt Gaetz, who resigned from office last week after Trump chose him as his nominee for attorney general.
It’s not entirely clear if the committee will hold a vote on whether to release the report.
-ABC News’ Lauren Peller, John Parkinson and Will Steakin
Dr. Oz picked as Centers for Medicare and Medicaid Services administrator
Dr. Mehmet Oz has been selected to serve as the administrator of the Centers for Medicare and Medicaid Services, Trump announced.
The agency is within the Department of Health & Human Services. The position requires Senate confirmation.
Trump indicated that Dr. Oz will work closely with Robert F. Kennedy Jr. to take on chronic diseases.
Oz, a former heart surgeon turned TV talk show host, unsuccessfully ran for Senate in Pennsylvania in 2022, losing to Democratic Sen. John Fetterman.
Fetterman told reporters Tuesday that as long as Oz protects Medicare and Medicaid, he’s open to confirming him.
“He’s not my first choice and certainly, Trump was definitely not my first,” Fetterman said. “We’re going to have to work with these individuals, and if he’s about protecting and preserving Medicaid and Medicare, then, I don’t know why that’s controversial.”
-ABC News’ Kelsey Walsh, Lalee Ibssa, Soo Rin Kim and Hannah Demissie
Trump says he’s not reconsidering Gaetz nomination
President-elect Trump attended Tuesday’s SpaceX launch in Texas, joining Elon Musk– SpaceX CEO and now a close ally of Trump’s.
Trump was asked by a reporter if he was reconsidering the nomination of former Rep. Matt Gaetz for attorney general.
“No,” he said.
-ABC News’ Lalee Ibssa, Soo Rin Kim and Kelsey Walsh
Dr. Oz picked as Centers for Medicare and Medicaid Services administrator
Dr. Mehmet Oz has been selected to serve as the administrator of the Centers for Medicare and Medicaid Service, Trump announced.
The agency is within the Department of Health & Human Services. The position requires Senate confirmation.
Trump indicated that Dr. Oz will work closely with Robert F. Kennedy Jr. to take on chronic diseases.
Oz, a former heart surgeon turned TV talk show host, unsuccessfully ran for Senate in Pennsylvania in 2022, losing to Sen. John Fetterman.
-ABC News’ Kelsey Walsh, Lalee Ibssa and Soo Rin Kim
Vance arranging meetings for Gaetz and Hegseth on Capitol Hill this week
Vice President-Elect JD Vance will make the rounds on Capitol Hill this week, arranging meetings between key GOP senators and Trump’s Cabinet nominees — attorney general pick Matt Gaetz and defense secretary pick Pete Hegseth — a source familiar with the plans confirmed to ABC News.
In a statement to ABC News, Trump’s transition team said it is working quickly to ensure the president-elect’s nominees get through their confirmation process. The statement also said that former Rep. Doug Collins, Trump’s pick for veterans affairs secretary, and Rep. Elise Stefanik, who was nominated as U.N. ambassador, will also visit the Hill.
“President Trump’s incoming administration is moving at an accelerated schedule in order to make good on getting key nominees confirmed in order to start delivering for the American people. Rep. Collins, Rep. Gaetz, Pete Hegseth, and Rep. Stefanik will all begin their meetings this week with additional Hill visits to continue after the Thanksgiving recess,” said Trump-Vance transition spokesman Brian Hughes.
Senators on Capitol Hill have told ABC News that they plan to meet with Vance and Trump’s Cabinet nominees.
Republican Sens. John Kennedy and Mike Lee told reporters that they would meet with Gaetz and Vance on Wednesday.
-ABC News’ Hannah Demissie and Allison Pecorin
Trump nominates Howard Lutnick as commerce secretary
Trump has announced Howard Lutnick as his commerce secretary pick.
The appointment requires Senate confirmation.
CEO of investment bank Cantor Fitzgerald, Lutnick has been serving as co-chair of the Trump Transition team alongside Trump’s former Small Business Administrator Linda McMahon, spending the past two weeks at the Trump Transition War Room he has set up at Mar-a-Lago recommending and vetting potential candidates for Trump’s administration officials.
Lutnick has frequently joined Trump on the campaign trail and hosted numerous fundraisers for Trump alongside some of the major Republican donors like John Paulson, Duke Buchan and Woody Johnson.
The billionaire businessman was also vying for the job of treasury secretary, sources said, competing against investor and hedge fund manager Scott Bessent, who has also been considered a top contender for the role.
Lutnick’s aggressive push to be tapped as Trump’s treasury secretary as he spent hours with the president-elect nearly every day as a co-head of the transition team had frustrated some close to Trump, sources said.
Elon Musk has been a close ally of Lutnick, publicly endorsing him for the treasury spot recently and often seen together at events, including at the AFPI gala last week.
He had donated $1 million to Trump’s inaugural committee in 2017 and most recently donated $5 million to pro-Trump super PAC Make America Great Again Inc.
Lutnick has been a vocal advocate for cryptocurrency, speaking at the annual Bitcoin Conference in Nashville earlier this year where Trump and RFK Jr. also spoke.
-ABC News’ Soo Rin Kim, Lalee Ibssa and Kelsey Walsh
Nearly 100 House Dems urge release of Gaetz draft report
Nearly 100 House Democrats urged House Ethics Committee leadership on Tuesday in a letter to immediately release their draft report of allegations into “serious misconduct” by former Rep. Matt Gaetz of Florida.
In the letter — which was led by Illinois Democratic Rep. Sean Casten and sent to committee Chairman Michael Guest, R-Miss., and ranking member Susan Wild, D-Penn. — the members wrote that “given the seriousness of the charges against Representative Gaetz,” withholding any findings of their investigation might “jeopardize the Senate’s ability to provide fully informed, constitutionally required advice and consent regarding this nomination.”
“Representative Gaetz’s abrupt resignation from Congress should not circumvent the Senate’s ability to fulfill its constitutional responsibilities,” the letter, signed by 97 Democrats, stated.
Speaker Mike Johnson has insisted the report should not be publicly released, as Gaetz is now a former member of the House. He has also stressed that the same principle should apply to potential access for senators reviewing the nominees.
-ABC News’ Isabella Murray, Lauren Peller and John Parkinson
Speaker Johnson denies discussing Gaetz draft report with House Ethics chairman
House Speaker Mike Johnson denied that he has discussed the details of the draft ethics report on Matt Gaetz with House Ethics Chairman Michael Guest, and further denied that President-elect Donald Trump or Gaetz have pressured him to bury the report.
“I haven’t talked to Michael Guest about the report. I talk to all my colleagues but I know where the lines are. I have no idea about the contents of the report,” Johnson told reporters as he walked back to his office after his news conference this morning.
Despite persistent questions, Johnson maintained his position that Gaetz’s resignation from the House last week should put an end to the ethics inquiry.
“My job is to protect the institution and I have made very clear that I think it’s an important guardrail for our institution that we not use the House Ethics Committee to investigate and report on persons who are not members of this body,” Johnson declared. “Matt Gaetz is not a member of the body anymore.”
Johnson denied that Gaetz or Trump had pressured him to block release of the draft report, repeating that the speaker “has no involvement” in the ethics report and “can’t direct the ethics committee to do anything.”
“I’ve simply responded to the questions that have been asked of me about my opinion on whether that should be released. Matt Gaetz is no longer a member of Congress and so we don’t issue ethics reports on non-members,” he said. “I think it’s an important guardrail for us to maintain for the interest of the institution so that’s my position.”
“I wouldn’t have that conversation with [Gaetz]. Because that’s not appropriate for us to do that,” Johnson continued. “President Trump respects the guardrails of our institution as well, and I’m very guarded about those things. So neither of those gentlemen would breach that.”
-ABC News’ Jay O’Brien, John Parkinson, Lauren Peller, Isabella Murray
Musk backs Gaetz for AG amid allegations: ‘Gaetz will be our Hammer of Justice’
Billionaire Elon Musk is throwing his support behind Matt Gaetz, President-elect Donald Trump’s pick for attorney general, as allegations continue to surface surrounding what witnesses told the House Ethics Committee regarding the former congressman.
“Matt Gaetz has 3 critical assets that are needed for the AG role: a big brain, a spine of steel and an axe to grind,” Musk wrote on X. “He is the Judge Dredd America needs to clean up a corrupt system and put powerful bad actors in prison.”
“Gaetz will be our Hammer of Justice,” he added.
Musk also directly addressed the allegations against Gaetz, stating that he considers them “worth less than nothing.”
Musk’s public support for Gaetz comes as the billionaire continues to play a large role in Trump’s transition, as ABC News has previously reported.
Speaker Johnson says he hasn’t discussed Gaetz ethics drama with Trump
House Speaker Mike Johnson told reporters Monday he has not talked to Trump about a draft report on the House Ethics Committee’s investigation into former Rep. Matt Gaetz — as members on both sides of the aisle call on the speaker to release the draft despite Gaetz’s resignation and the committee’s lack of jurisdiction over former members.
“I have not discussed the ethics report with President Trump. And as you know, I’ve spent a lot of time with him,” Johnson, R-La., said. “He respects the House and the parameters, and he knows that I would not violate any of those rules or principles, and so it has not been discussed.”
The speaker also said he hasn’t discussed the report with Trump’s advisers.
“They’re busy filling the Cabinet,” he said. “This has not been a subject of our discussion.”
Johnson reiterated his position against the release of the draft report. He also brushed off the fact that there is some precedent for its release following a member’s exit from Congress, saying the House is now in a “different era.”
“I’ve made this really clear. There’s a very important principle that underlies this, and that is the House Ethics Committee has jurisdiction over members of Congress — not former members, not private citizens, not someone who’s left the institution,” he said. “I think that’s a really important parameter for us to maintain. I think it’s important for the institution itself.”
Johnson said that he would not support a private viewing of the report for senators under the “same principle.”
-ABC News’ John Parkinson, Isabella Murray and Lauren Peller
Top Dem on House Ethics Committee says Gaetz report should be released
The top Democrat on the House Ethics Committee — Pennsylvania Rep. Susan Wild — told reporters Monday that she believes the committee’s report on former Rep. Matt Gaetz should be disclosed to the public.
“You either are going to disclose it or you’re not going to disclose it. So, and there’s plenty of precedents in the Ethics Committee to disclose the report even after a member has resigned,” Wild said.
Wild, who is leaving office at the end of this session, said it’ll take “one or more” Republicans to join Democrats on the committee to achieve a majority vote to release the report.
Asked if that’s a possibility, Wild said she hasn’t talked to all of the members and doesn’t know, but she stressed that all eight members of the ethics panel now have access to the draft report.
“I believe there will be a unanimous Democratic consensus that it should be released,” she added.
Wild said there is a scheduled committee meeting on Wednesday, but said it “remains to be seen” what the chairman’s agenda is.
“But I believe we should vote on whether we are to disclose it [Gaetz report] or not, and we’ll see what happens after that,” she said.
House Ethics Committee Chairman Michael Guest, R-Miss., told reporters Monday that he has read the Gaetz report but declined to comment further due to the confidentiality of the committee.
-ABC News’ Lauren Peller, John Parkinson and Isabella Murray
Trump nominates Sean Duffy as transportation secretary
Trump announced Monday he is nominating former Wisconsin Rep. Sean Duffy for transportation secretary.
The position requires Senate confirmation.
“He will prioritize Excellence, Competence, Competitiveness and Beauty when rebuilding America’s highways, tunnels, bridges and airports,” Trump said in a statement. “He will ensure our ports and dams serve our Economy without compromising our National Security, and he will make our skies safe again by eliminating DEI for pilots and air traffic controllers.”
Duffy co-hosts “The Bottom Line” on Fox Business and is a Fox News contributor.
-ABC News’ Hannah Demissie
Trump to attend SpaceX launch on Tuesday: Sources
Trump is expected to attend Tuesday’s SpaceX launch in Texas, multiple sources told ABC News.
SpaceX said it is planning to hold the sixth integrated flight test of its Starship megarocket from its Starbase in Cameron County, Texas, on Tuesday afternoon.
SpaceX founder Elon Musk, who will co-lead the Department of Government Efficiency, has rarely left Trump’s side since the election — appearing in family photos with Trump at Mar-a-Lago and even traveling with him to New York for Saturday’s UFC fight.
Trump frequently marveled at the intricacies of the SpaceX rocket launch while on the campaign trail.
“It was so exciting, so I’m watching it, and this monstrous thing is going down, right and it’s coming down, it’s first of all, doing all sorts of flips up in the air,” Trump said at his last campaign rally of the cycle in Grand Rapids, Michigan.
-ABC News’ Kelsey Walsh, Lalee Ibssa and Katherine Faulders
How Democrats could force the Ethics Committee to release the Gaetz report
All eyes will be on the House Ethics Committee’s expected closed-door meeting this Wednesday — but it’s possible that Congress can go around the committee entirely to release the panel’s findings on former Rep. Matt Gaetz.
According to House rules, any member of Congress can go to the floor and tee up a vote on a “privileged resolution” that would force the Ethics Committee to release its report on Gaetz, within two legislative days.
The member would only have to argue that not releasing the report impacts the “dignity” or “integrity” of the House or “reputation” of its members.
The action would be unusual, but not unprecedented. In the 1990s, Democrats repeatedly tried to force the Ethics Committee to divulge information about investigations into then-Speaker Newt Gingrich.
Those efforts came up short because Republicans closed ranks around Gingrich and the majority. But Gaetz is incredibly unpopular on Capitol Hill, and it would only take a handful of Republicans — along with all Democrats — to pass the resolution.
“If you’re a member of Congress, do you really want to be in the business of defending Matt Gaetz?” former Rep. Charlie Dent, R-Pennsylvania, who led the Ethics Committee, said to ABC News on Monday.
The Ethics Committee was investigating allegations of sexual misconduct and illicit drug use against Gaetz, who resigned last week after being named Trump’s pick for attorney general.
If the Ethics Committee doesn’t vote to release its findings on Wednesday, expect more Democrats to raise the possibility of forcing a floor vote — one that would force Republicans on the record about Gaetz.
-ABC News’ Benjamin Siegel
Hegseth flagged as potential ‘insider threat’ by Guardsman who was ‘disturbed’ by ‘Deus Vult’ tattoo
The National Guardsman who in 2021 pegged Pete Hegseth as a potential “insider threat” clarified in an interview with ABC News that his complaint targeted a “Deus Vult” tattoo on the Fox News host’s arm, not a cross on his chest, as Hegseth has repeatedly claimed.
As Reuters and The Associated Press first reported, Sgt. DeRicko Gaither sent an image of the “Deus Vult” tattoo to Maj. Gen. William Walker shortly before President Joe Biden’s inauguration. The phrase, which translates to “God wills it,” has since been co-opted by white nationalist groups.
“This information is quite disturbing, sir,” Gaither wrote in the email to Walker, who has not responded to ABC News’ request for comment. “This falls along the lines of (an) Insider Threat.”
Hegseth — Trump’s pick for defense secretary — claimed in his book, “The War on Warriors,” that he was removed from service ahead of Biden’s inauguration because fellow servicemembers had flagged a tattoo of the Jerusalem Cross on his chest as a white nationalist symbol.
But Gaither clarified in a text message to ABC News that his complaint targeted the “Deus Vult” tattoo, despite “the narrative that has been out there.”
“Just so we are clear. This has NOTHING to do with the Jerusalem Cross tattoo on his chest,” Gaither said. “This has everything to do with the ‘DEUS VULT’ Tattoo on his inner bicep.”
Gaither, who confirmed the contents of his complaint to ABC News, emphasized that “this wasn’t then and isn’t now a personal attack towards Pete Hegseth.”
“The information received and [the] email sent on January 14th was the protocol that had to be followed because of the position assignment that I was assigned to,” explained Gaither, who was at the time assigned as the Guards’ head of security. “The protocol was followed and would be followed again if this issue involved any other service member, myself included.”
Hegseth fired back at the initial coverage of this matter in the AP by claiming it was “Anti-Christian bigotry.”
“They can target me — I don’t give a damn — but this type of targeting of Christians, conservatives, patriots and everyday Americans will stop on DAY ONE at DJT’s DoD,” Hegseth wrote on social media on Friday.
-ABC News’ Nathan Luna and Lucien Bruggeman
Homan says he’s headed to Mar-a-Lago to put ‘final touches’ on deportation plan
Incoming “border czar” Tom Homan said Monday that Trump’s new administration is already working on a plan to deport undocumented immigrants and that he’s headed to Mar-a-Lago this week “to put the final touches” on it.
Speaking on Fox News’ America Reports, Homan reiterated his plan to “take the handcuffs of ICE” and ramp up arrests.
“ICE knows what they’re looking for. They just never go arrest them, because Secretary Mayorkas has told them [to] tone down the arrests,” Homan said.
Homan also repeated his claim that ICE will “arrest the bad guys first.” He said that under the Biden administration, the removal of “criminal aliens” has decreased 74%. ABC News has not independently verified the accuracy of that claim.
Homan acknowledged during the interview that a mass deportation plan will require significant resources and that he doesn’t know what the current ICE and Customs and Border Protection budgets are, though added that Trump is “committed” to getting the funding for his plan.
-ABC News’ Armando García
‘Dangerous’: Caroline Kennedy weighs in on RFK’s views on vaccines
Caroline Kennedy weighed in on her cousin Robert F. Kennedy, Jr.’s views on vaccines during remarks on Monday after he was announced as the nominee for Health and Human Services secretary.
“I think Bobby Kennedy’s views on vaccines are dangerous, but I don’t think that most Americans share them. So we’ll just have to wait and see what happens,” she said at the National Press Club of Australia.
“You know, I grew up with him,” she added. “So, I have known all this for a long time and others are just getting to know him.”
Kennedy added that her uncle, Sen. Ted Kennedy, had fought for affordable health care, and that her family was proud of President Barack Obama signing the Affordable Care Act, which she said was built on Sen. Kennedy’s work.
“I would say that our family is united in terms of our support for the public health sector and infrastructure and has greatest admiration for the medical profession in our country, and Bobby Kennedy has got a different set of views,” Caroline Kennedy said.
–ABC News’ Oren Oppenheim
Trump transition live updates: Ethics Committee expected to meet on Gaetz: Sources
President-elect Donald Trump continues to announce his picks for top jobs inside his administration, most recently naming nominees for energy secretary and to helm the Federal Communications Commission.
Meanwhile, fallout continues for former Rep. Matt Gaetz, Trump’s choice to serve as attorney general. The House Ethics Committee was investigating Gaetz for alleged sexual misconduct and illicit drug use. Calls are growing for the panel to release its report on Gaetz, who resigned from the House last week.
‘Dangerous’: Caroline Kennedy weighs in on RFK’s views on vaccines
Caroline Kennedy weighed in on her cousin Robert F. Kennedy, Jr.’s views on vaccines during remarks on Monday after he was announced as the nominee for Health and Human Services secretary.
“I think Bobby Kennedy’s views on vaccines are dangerous, but I don’t think that most Americans share them. So we’ll just have to wait and see what happens,” she said at the National Press Club of Australia.
“You know, I grew up with him,” she added. “So, I have known all this for a long time and others are just getting to know him.”
Kennedy added that her uncle, Sen. Ted Kennedy, had fought for affordable health care, and that her family was proud of President Barack Obama signing the Affordable Care Act, which she said was built on Sen. Kennedy’s work.
“I would say that our family is united in terms of our support for the public health sector and infrastructure and has greatest admiration for the medical profession in our country, and Bobby Kennedy has got a different set of views,” Caroline Kennedy said.
–ABC News’ Oren Oppenheim
House Ethics Committee expected to meet to discuss Gaetz report
The House Ethics Committee is expected to meet on Wednesday and discuss its report of Rep. Matt Gaetz, multiple sources tell ABC News.
While the meeting can still be cancelled, sources said the committee could potentially take a vote on whether to release the report.
-ABC News’ Rachel Scott and Will Steakin
‘Morning Joe’ co-hosts say they met with Trump on Friday
MSNBC’s “Morning Joe” co-hosts Joe Scarborough and Mika Brzezinski said on Monday morning that they had met with President-elect Donald Trump on Friday at Mar-a-Lago.
The goal of the meeting, they said, was to “restart communications” among the liberal-leaning morning show hosts and the incoming administration.
“Last Thursday, we expressed our own concerns on this broadcast, and even said we would appreciate the opportunity to speak with the president-elect himself. On Friday, we were given the opportunity to do just that. Joe and I went to Mar-a-Lago to meet personally with President-elect Trump. It was the first time we have seen him in seven years,” Brzezinski said.
Scarborough said the hosts and Trump did not “see eye to eye on a lot of issues, and we told him so.”
“What we did agree on was to restart communications,” Brzezinski added, noting that Trump seemed “cheerful” and “upbeat.”
Joel Angel Juarez for The Washington Post via Getty Images
(WASHINGTON, DC) — Vice President Kamala Harris is doing a series of moderated conversations with former Wyoming Republican Rep. Liz Cheney in suburban cities in the battleground states of Pennsylvania, Michigan and Wisconsin on Monday — the day before in-person voting begins in Wisconsin.
With roughly two weeks until Election Day, the effort is part of the Harris campaign’s effort to reach swing voters in the crucial battleground states. Harris is speaking with Cheney in the suburban areas of Chester County, Pennsylvania; Oakland County, Michigan; and Waukesha County, Wisconsin.
The conversations will be moderated by Bulwark publisher and longtime Republican strategist Sarah Longwell and conservative radio host and writer Charlie Sykes.
Both Harris and former President Donald Trump have events scheduled for battleground states this week as they work to win over voters in what’s expected to be a close contest. On Monday, Trump is spending time in in the battleground state of North Carolina.
While in Pennsylvania, Harris and Cheney worked to pick off Republicans disaffected with their party’s nominee who may vote for the vice president and focus on the dangers Trump poses to the country and to democracy.
“There are months in the history of our country which challenge us, each of us, to really decide when we stand for those things that we talk about, including, in particular, country over party,” Harris said.
Cheney, a staunch Trump critic who endorsed Harris in September despite their party and policy differences, said “every single thing in my experience and in my background has played a part” in her supporting Harris.
“In this race, we have the opportunity to vote for and support somebody you can count on. We’re not always going to agree, but I know Vice President Harris will always do what she believes is right for this country. She has a sincere heart, and that’s why I’m honored to be in this place.”
Cheney voted to impeach Trump following the events of Jan. 6, 2021, and was vice chair of the House select committee that investigated the Jan. 6 attack on the Capitol. She received backlash from Trump and other Republicans for her criticism of the former president and was censured by the Republican National Committee.
Since her endorsement of Harris, Cheney has campaigned for the vice president — including in battleground Wisconsin, where she called Trump petty, vindictive and cruel.
Cheney is among a handful of prominent Republicans, including her father, former Vice President Dick Cheney, who have pledged to support Harris’ bid.
The number of actual votes these events could move, with just two weeks to go, is small — yet could be significant in states expected to be decided by slim margins, Joe Zepecki, a Milwaukee-based Democratic strategist, told ABC News.
Ideally, Zepecki said, the events would bring over “Republicans available to Harris who might need one last reminder, one last push in that direction.”
George Levy, a 66-year-old voter from Delaware County, outside Philadelphia, said he was an independent until Trump entered the political arena in 2015.
“[Cheney] did the right thing for our country, and I’m proud of her for doing that,” he said. “I know she doesn’t agree with many Democratic policies, but she believes in our country and loves our country, and I appreciate her speaking out.”
In a social media post on Monday, Trump attacked Harris for campaigning with Cheney, claiming that the former Wyoming Republican congresswoman is going to lead the United States to go to war with “every Muslim Country known to mankind” like her father and former Vice President Dick Cheney “pushed” former President Georgia W. Bush to the war in the Middle East.
Harris’ events this week will feature more interactivity where voters see the vice president taking questions — including during her town hall with CNN on Wednesday in Pennsylvania.
ABC News’ Sarah Beth Hensley contributed to this report.
(WASHINGTON) — Federal prosecutors on Wednesday urged a federal judge to reject a request from a defendant convicted for participation in the Jan. 6 attack on the Capitol to attend President-elect Donald Trump’s inauguration next month, according to a court filing.
Cindy Young, of New Hampshire, was convicted in the U.S. District Court for the District of Columbia of four misdemeanor charges earlier this year for joining the Capitol riot and was sentenced to four months incarceration as well as a term of probation — which included conditions that bar her from entering Washington, D.C., without approval from her probation officer.
Last week, Young requested permission to attend Trump’s inauguration in a filing stating she “poses no threat of danger to the community and she is not a risk of flight.”
Prosecutors with the Department of Justice, however, disputed that argument, pointing to repeated calls for “retribution” from Young in the years since Jan. 6 against jurors, judges and law enforcement involved in the Capitol breach cases.
“The risk Young presents to those in D.C. did not end with her exit from the Building,” prosecutors said in their Wednesday filing, also in the U.S. District Court for the District of Columbia.
They further noted that Young has publicly “mocked” officers who were attacked by the pro-Trump mob, many of whom “will, once again, be tasked in protecting the Capitol and Constitution on January 20, 2025.”
“As such, her presence at an event staffed by law enforcement would not only present a danger but would cause further victimization for the officers who Young has publicly mocked,” they said in the filing.
Young is just one among a number of Jan. 6 defendants who have requested permission to attend Trump’s inauguration.
Retired Republican Rep. Chris Stewart invited Russell Taylor, a California man who pleaded guilty to a felony for participation in the Jan. 6 Capitol riot, to the inauguration. However, Taylor also must receive permission from a judge to travel to Washington, D.C., after he “repeatedly called for violence and a show of force” to overturn the election and on Jan. 6 led a mob that overran a police line near the inaugural stage while wearing “an exposed knife on top of a bullet proof chest plate and carrying bear spray,” according to his sentencing memo.
Taylor received credit from Judge Royce Lamberth, who oversaw his initial case and will determine his ability to travel Washington, for his agreement to enter into a plea deal, but he has not ruled yet whether he may attend the inauguration.
Another Jan. 6 defendant, Eric Peterson, also requested permission to travel to Washington for the inauguration.
