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Trump Claims “Illegal Alien” Voting Is Rampant. His Own Party Disagrees.

4 November 2024 at 19:30

This story was published first by ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive stories like this one in your inbox as soon as they are published.

In public remarks, former President Donald Trump has repeatedly made unfounded claims about the threat of widespread voting by “illegal aliens” and noncitizens in the 2024 election.

Away from the spotlight, though, at least one Republican National Committee official is telling volunteer poll watchers a completely different story: that such voting is close to impossible.

In a private Oct. 29 training session for poll watchers in Pennsylvania, an RNC election-integrity specialist told volunteers not to worry about noncitizen voting in the 2024 election because the electoral system had safeguards in place to prevent illegal votes.

ProPublica obtained a recording of the training session. The RNC official’s comments have not been previously reported.

The RNC official’s assurance contradicts statements made by Trump and his Republican allies warning about “illegal aliens” casting ballots this year and potentially swinging the election in favor of Democratic nominee Vice President Kamala Harris.

“It is good to see the RNC official recognizing the truth, in contrast to the many lies about noncitizen voting coming from Trump and his allies,” said Rick Hasen, a professor and election-law expert at the UCLA School of Law. “It would be even better for the officials to say it publicly.”

The RNC official who led the training session and a spokesperson for the RNC did not respond to multiple requests for comment. Trump campaign spokesperson Karoline Leavitt said in a statement to ProPublica that Democrats were “pushing for non-citizens to vote and influence the future of our country,” adding, “President Trump and the RNC will continue the fight to secure tomorrow’s election so that every American vote is protected.”

Voting by noncitizens is illegal under federal law and it almost never happens. State and federal elections require voters to be U.S. citizens. Government election officials from both parties have emphasized that there are protections in place across the country to prevent noncitizens from casting a ballot.

Yet that hasn’t stopped Trump and some of his most high-profile supporters from making unfounded claims that noncitizens are registering and voting in large numbers this year. “THE DEMOCRATS ARE TRYING TO ‘STUFF’ VOTER REGISTRATIONS WITH ILLEGAL ALIENS,” Trump posted on Truth Social in September. Other prominent Trump supporters, including billionaire tech investor Elon Musk and House Speaker Mike Johnson of Louisiana, have also amplified unfounded claims about Democrats seeking to “import” such voters.

But on the ground, Trump’s own party, at least in the important battleground state of Pennsylvania, is undercutting those dark visions of illegal voting. During the Oct. 29 training session, Joe Neild, a member of RNC’s election integrity team in the state, said such a scenario is nearly impossible.

A participant in the training session asked Neild about the potential for noncitizens to cast votes in the election and what poll watchers could do to stop them.

Neild replied that, in Pennsylvania, undocumented people can’t legally register to vote and so they would not be included in the list of eligible voters used at voting precincts, known as poll books.

Here is the exchange:

Training participant: “I have two questions. The first one is: How do you know if they are illegal aliens or not, like, when they’re voting, as far as what you were explaining with the ID? And if they’re from another country it was OK as long as they had an ID. How do you know if they’re illegal aliens? How can you stop that?”

Neild: “Well, if they’re illegal aliens, they’re not going to be inside the poll book. Because if they’re illegal aliens, they’re not going to be able to register to vote, because they’ll need a driver’s license number or a Social Security number.

“And since the recent litigation in the years past, you do have—to be able to get a driver’s license here in Pennsylvania, you have to show proof of citizenship. So that is one way that they will not be able to get a driver’s license.

“And then you have to be—since they’re illegal, they’re not going to be able to get a Social Security number either.”

Three election-law experts reviewed the exchange between Neild and the poll-watcher trainee. All of them said that Neild’s description of the law and the safeguards in place against noncitizen voting were accurate.

Adam Bonin, a lawyer in Philadelphia who practices election law, said Neild gave an accurate description of Pennsylvania law and the safeguards against noncitizen voting there. Bonin said Neild’s comments were “absolutely consistent” with what Pennsylvania’s secretary of the commonwealth, Al Schmidt, a Republican, has said about preventing noncitizen voting.

“As has been the case before, Trump has local experts on his team who know what the law is here in Pennsylvania and who understand the reality of how our elections work,” Bonin said.

Justin Levitt, a professor at Loyola Law School and an expert on voting rights who worked in the Obama and Biden administrations, said he applauded Neild for using factual information in his training session. Levitt added that he was not surprised to hear Republican volunteers raising fears of noncitizen voting given Trump’s campaign rhetoric.

“There’s been a very effective effort to misinform,” Levitt said. “But I’m glad that when push comes to shove and it comes time to really get training, they’re being set straight.”

In addition to the registration hurdles Neild pointed out, Levitt explained that there are clear incentives to discourage noncitizens from voting in U.S. elections. Criminal penalties can include a hefty fine and prison time as well as deportation and losing the ability to become a U.S. citizen in the future. What’s more, Levitt added, the very act of voting creates a clear and obvious paper trail, making it that much easier for law enforcement to bring criminal charges for illegal voting.

“Every once in a blue moon you see noncitizens showing up on the rolls,” he said. “It’s usually by mistake because it’s just not worth it, and they’re gonna get caught, guaranteed.”

Levitt said that he only wished the factual information given out by the RNC at the grassroots level was also reaching the party’s presidential nominee. “It sounds like the former president should be sitting in on some sessions with the people training his poll watchers,” Levitt said.

Do you have information about the Trump campaign or voting irregularities that we should know? Andy Kroll can be reached by email at andy.kroll@propublica.org and by phone or Signal at 202-215-6203.

Trump Claims “Illegal Alien” Voting Is Rampant. His Own Party Disagrees.

4 November 2024 at 19:30

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

This story was published first by ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive stories like this one in your inbox as soon as they are published.

In public remarks, former President Donald Trump has repeatedly made unfounded claims about the threat of widespread voting by “illegal aliens” and noncitizens in the 2024 election.

Away from the spotlight, though, at least one Republican National Committee official is telling volunteer poll watchers a completely different story: that such voting is close to impossible.

In a private Oct. 29 training session for poll watchers in Pennsylvania, an RNC election-integrity specialist told volunteers not to worry about noncitizen voting in the 2024 election because the electoral system had safeguards in place to prevent illegal votes.

ProPublica obtained a recording of the training session. The RNC official’s comments have not been previously reported.

The RNC official’s assurance contradicts statements made by Trump and his Republican allies warning about “illegal aliens” casting ballots this year and potentially swinging the election in favor of Democratic nominee Vice President Kamala Harris.

“It is good to see the RNC official recognizing the truth, in contrast to the many lies about noncitizen voting coming from Trump and his allies,” said Rick Hasen, a professor and election-law expert at the UCLA School of Law. “It would be even better for the officials to say it publicly.”

The RNC official who led the training session and a spokesperson for the RNC did not respond to multiple requests for comment. Trump campaign spokesperson Karoline Leavitt said in a statement to ProPublica that Democrats were “pushing for non-citizens to vote and influence the future of our country,” adding, “President Trump and the RNC will continue the fight to secure tomorrow’s election so that every American vote is protected.”

Voting by noncitizens is illegal under federal law and it almost never happens. State and federal elections require voters to be U.S. citizens. Government election officials from both parties have emphasized that there are protections in place across the country to prevent noncitizens from casting a ballot.

Yet that hasn’t stopped Trump and some of his most high-profile supporters from making unfounded claims that noncitizens are registering and voting in large numbers this year. “THE DEMOCRATS ARE TRYING TO ‘STUFF’ VOTER REGISTRATIONS WITH ILLEGAL ALIENS,” Trump posted on Truth Social in September. Other prominent Trump supporters, including billionaire tech investor Elon Musk and House Speaker Mike Johnson of Louisiana, have also amplified unfounded claims about Democrats seeking to “import” such voters.

But on the ground, Trump’s own party, at least in the important battleground state of Pennsylvania, is undercutting those dark visions of illegal voting. During the Oct. 29 training session, Joe Neild, a member of RNC’s election integrity team in the state, said such a scenario is nearly impossible.

A participant in the training session asked Neild about the potential for noncitizens to cast votes in the election and what poll watchers could do to stop them.

Neild replied that, in Pennsylvania, undocumented people can’t legally register to vote and so they would not be included in the list of eligible voters used at voting precincts, known as poll books.

Here is the exchange:

Training participant: “I have two questions. The first one is: How do you know if they are illegal aliens or not, like, when they’re voting, as far as what you were explaining with the ID? And if they’re from another country it was OK as long as they had an ID. How do you know if they’re illegal aliens? How can you stop that?”

Neild: “Well, if they’re illegal aliens, they’re not going to be inside the poll book. Because if they’re illegal aliens, they’re not going to be able to register to vote, because they’ll need a driver’s license number or a Social Security number.

“And since the recent litigation in the years past, you do have—to be able to get a driver’s license here in Pennsylvania, you have to show proof of citizenship. So that is one way that they will not be able to get a driver’s license.

“And then you have to be—since they’re illegal, they’re not going to be able to get a Social Security number either.”

Three election-law experts reviewed the exchange between Neild and the poll-watcher trainee. All of them said that Neild’s description of the law and the safeguards in place against noncitizen voting were accurate.

Adam Bonin, a lawyer in Philadelphia who practices election law, said Neild gave an accurate description of Pennsylvania law and the safeguards against noncitizen voting there. Bonin said Neild’s comments were “absolutely consistent” with what Pennsylvania’s secretary of the commonwealth, Al Schmidt, a Republican, has said about preventing noncitizen voting.

“As has been the case before, Trump has local experts on his team who know what the law is here in Pennsylvania and who understand the reality of how our elections work,” Bonin said.

Justin Levitt, a professor at Loyola Law School and an expert on voting rights who worked in the Obama and Biden administrations, said he applauded Neild for using factual information in his training session. Levitt added that he was not surprised to hear Republican volunteers raising fears of noncitizen voting given Trump’s campaign rhetoric.

“There’s been a very effective effort to misinform,” Levitt said. “But I’m glad that when push comes to shove and it comes time to really get training, they’re being set straight.”

In addition to the registration hurdles Neild pointed out, Levitt explained that there are clear incentives to discourage noncitizens from voting in U.S. elections. Criminal penalties can include a hefty fine and prison time as well as deportation and losing the ability to become a U.S. citizen in the future. What’s more, Levitt added, the very act of voting creates a clear and obvious paper trail, making it that much easier for law enforcement to bring criminal charges for illegal voting.

“Every once in a blue moon you see noncitizens showing up on the rolls,” he said. “It’s usually by mistake because it’s just not worth it, and they’re gonna get caught, guaranteed.”

Levitt said that he only wished the factual information given out by the RNC at the grassroots level was also reaching the party’s presidential nominee. “It sounds like the former president should be sitting in on some sessions with the people training his poll watchers,” Levitt said.

Do you have information about the Trump campaign or voting irregularities that we should know? Andy Kroll can be reached by email at andy.kroll@propublica.org and by phone or Signal at 202-215-6203.

“Put Them in Trauma”: Inside a Key MAGA Leader’s Plans for a New Trump Agenda

This story was originally published by ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

A key ally to former President Donald Trump detailed plans to deploy the military in response to domestic unrest, defund the Environmental Protection Agency and put career civil servants “in trauma” in a series of previously unreported speeches that provide a sweeping vision for a second Trump term.

In private speeches delivered in 2023 and 2024, Russell Vought, who served as Trump’s director of the Office of Management and Budget, described his work crafting legal justifications so that military leaders or government lawyers would not stop Trump’s executive actions.

He said the plans are a response to a “Marxist takeover” of the country; likened the moment to 1776 and 1860, when the country was at war or on the brink of it; and said the timing of Trump’s candidacy was a “gift of God.”

ProPublica and Documented obtained videos of the two speeches Vought delivered during events for the Center for Renewing America, a pro-Trump think tank led by Vought. The think tank’s employees or fellows include Jeffrey Clark, the former senior Justice Department lawyer who aided Trump’s attempts to overturn the 2020 election result; Ken Cuccinelli, a former acting deputy secretary in the Department of Homeland Security under Trump; and Mark Paoletta, a former senior budget official in the Trump administration. Other Trump allies such as former White House adviser Steve Bannon and US Reps. Chip Roy and Scott Perry either spoke at the conferences or appeared on promotional materials for the events.

Vought does not hide his agenda or shy away from using extreme rhetoric in public. But the apocalyptic tone and hard-line policy prescriptions in the two private speeches go further than his earlier pronouncements. As OMB director, Vought sought to use Trump’s 2020 “Schedule F” executive order to strip away job protections for nonpartisan government workers. But he has never spoken in such pointed terms about demoralizing federal workers to the point that they don’t want to do their jobs. He has spoken in broad terms about undercutting independent agencies but never spelled out sweeping plans to defund the EPA and other federal agencies.

Vought’s plans track closely with Trump’s campaign rhetoric about using the military against domestic protesters or what Trump has called the “enemy within.” Trump’s desire to use the military on U.S. soil recently prompted his longest-serving chief of staff, retired Marine Gen. John Kelly, to speak out, saying Trump “certainly prefers the dictator approach to government.”

Other policies mentioned by Vought dovetail with Trump’s plans, such as embracing a wartime footing on the southern border and rolling back transgender rights. Agenda 47, the campaign’s policy blueprint, calls for revoking President Joe Biden’s order expanding gender-affirming care for transgender people; Vought uses even more extreme language, decrying the “transgender sewage that’s being pumped into our schools and institutions” and referring to gender-affirming care as “chemical castration.”

Since leaving government, Vought has reportedly remained a close ally of the former president. Speaking in July to undercover journalists posing as relatives of a potential donor, Vought said Trump had “blessed” the Center for Renewing America and was “very supportive of what we do,” CNN reported.

Vought did not respond to requests for comment.

“Since the Fall of 2023, President Trump’s campaign made it clear that only President Trump and the campaign, and NOT any other organization or former staff, represent policies for the second term,” Danielle Alvarez, a senior adviser to the Trump campaign, said in a statement. She did not directly address Vought’s statements.

Karoline Leavitt, his campaign’s national press secretary, added there have been no discussions on who would serve in a second Trump administration.

In addition to running his think tank, Vought was the policy director of the Republican National Committee’s official platform committee ahead of the nominating convention. He’s also an architect of Project 2025, the controversial coalition effort mapping out how a second Trump administration can quickly eliminate obstacles to rolling out a hard-right policy agenda.

As ProPublica and Documented reported, Project 2025 has launched a massive program to recruit, vet and train thousands of people to “be ready on day one” to serve in a future conservative administration. (Trump has repeatedly criticized Project 2025, and his top aides have said the effort has no connection to the official campaign despite the dozens of former Trump aides and advisers who contributed to Project 2025.)

Vought is widely expected to take a high-level government role if Trump wins a second term. His name has even been mentioned as a potential White House chief of staff. The videos obtained by ProPublica and Documented offer an unfiltered look at Vought’s worldview, his plans for a Trump administration and his fusing of MAGA ideology and Christian nationalism.

A Shadow Government in Waiting

In his 2024 speech, Vought said he was spending the majority of his time helping lead Project 2025 and drafting an agenda for a future Trump presidency. “We have detailed agency plans,” he said. “We are writing the actual executive orders. We are writing the actual regulations now, and we are sorting out the legal authorities for all of what President Trump is running on.”

Vought laid out how his think tank is crafting the legal rationale for invoking the Insurrection Act, a law that gives the president broad power to use the military for domestic law enforcement. The Washington Post previously reported the issue was at the top of the Center for Renewing America’s priorities.

“We want to be able to shut down the riots and not have the legal community or the defense community come in and say, ‘That’s an inappropriate use of what you’re trying to do,’” he said. Vought held up the summer 2020 unrest following George Floyd’s murder as an example of when Trump ought to have had the ability to deploy the armed forces but was stymied.

Vought’s preparations for a future Trump administration involve building a “shadow” Office of Legal Counsel, he told the gathered supporters in May 2023. That office, part of the Justice Department, advises the president on the scope of their powers. Vought made clear he wants the office to help Trump steamroll the kind of internal opposition he faced in his first term.

Historically, the OLC has operated with a degree of independence. “If, all of a sudden, the office is full of a bunch of loyalists whose only job is to rubber-stamp the White House’s latest policy directive, whose only goal is to justify the ends by whatever means, that would be quite dangerous,” said an attorney who worked in the office under a previous Republican administration and requested anonymity to speak freely.

Another priority, according to Vought, was to “defund” certain independent federal agencies and demonize career civil servants, which include scientists and subject matter experts. Project 2025’s plan to revive Schedule F, an attempt to make it easier to fire a large swath of government workers who currently have civil service protections, aligns with Vought’s vision.

“We want the bureaucrats to be traumatically affected,” he said. “When they wake up in the morning, we want them to not want to go to work because they are increasingly viewed as the villains. We want their funding to be shut down so that the EPA can’t do all of the rules against our energy industry because they have no bandwidth financially to do so.

“We want to put them in trauma.”

Vought also revealed the extent of the Center for Renewing America’s role in whipping up right-wing panic ahead of the 2022 midterms over an increase in asylum-seekers crossing at the U.S.-Mexico border.

In February 2022, Arizona Attorney General Mark Brnovich released a legal opinion claiming the state was under “invasion” by violent cartels and could invoke war powers to deploy National Guard troops to its southern border. The legally dubious “invasion” theory became a potent Republican talking point.

Vought said in the 2023 speech that he and Cuccinelli, the former top Homeland Security official for Trump, personally lobbied Brnovich on the effort. “We said, ‘Look, you can write your own opinion, but here’s a draft opinion of what this should look like,’” Vought said.

The nonpartisan watchdog group American Oversight later obtained an email in which Vought pitched the “invasion” framework to Brnovich.

Brnovich wrote in an email to ProPublica that he recalled multiple discussions with Cuccinelli about border security. But he added that “the invasion opinion was the result of a formal request from a member of the Arizona legislature. And I can assure you it was drafted and written by hard working attorneys (including myself) in our office.”

In the event Trump loses, Vought called for Republican leaders of states such as Florida and Texas to “create red-state sanctuaries” by “kicking out all the feds as much as they possibly can.”

“Nothing Short of a Quiet Revolution”

The two speeches delivered by Vought, taken together, offer an unvarnished look at the animating ideology and political worldview of a key figure in the MAGA movement.

Over the last century, Vought said, the U.S. has “experienced nothing short of a quiet revolution” and abandoned what he saw as the true meaning and force of the Constitution. The country today, he argued, was a “post-constitutional regime,” one that no longer adhered to the separation of powers among the three branches of government as laid out by the framers.

He lamented that the conservative right and the nation writ large had become “too secular” and “too globalist.” He urged his allies to join his mission to “renew a consensus of America as a nation under God.”

And in one of his most dramatic flourishes, he likened the 2024 election to moments in America’s history when the country was facing all-out war.

“We are here in the year of 2024, a year that very well [could]—and I believe it will—rival 1776 and 1860 for the complexity and the uncertainty of the forces arrayed against us,” Vought told his audience, referring to years when the colonies declared independence from Britain and the first state seceded over President Abraham Lincoln’s election. “God put us here for such a time as this.”

Vought said that independent agencies and unelected bureaucrats and experts wield far too much power while the traditional legislative process is a sham. He extended that critique to agencies like the Department of Justice and the Federal Reserve, whose independence from the White House had long been protected by both political parties.

“The left in the U.S. doesn’t want an energetic president with the power to motivate the executive branch to the will of the American people consistent with the laws of the country,” he said in the 2024 speech. “They don’t want a vibrant Congress where great questions are debated and decided in front of the American people. They don’t want empowered members. They want discouraged and bored backbenchers.”

He added, “The all-empowered career expert like Tony Fauci is their model, wielding power behind the curtains.” Fauci was one of the top public health experts under Trump at the start of the COVID-19 pandemic and a key figure in coordinating the national response.

What sets Vought apart from most of his fellow conservative activists is that he accuses powerful organizations on the right of being complicit in the current system of government, singling out the Federalist Society for Law and Public Policy Studies, the conservative and libertarian legal network co-chaired by activist Leonard Leo. The society is widely seen as an instrumental force in cultivating young conservative lawyers and building a bench of future judges whose embrace of legal theories like originalism and textualism have led to decisions overturning abortion rights, environmental protections and social welfare policies.

Yet in his 2024 speech, Vought accused the Federalist Society and “originalist judges” of being a part of the problem, perpetuating the “post-constitutional structure” that Vought lamented by not ruling more aggressively to weaken or dismantle independent regulatory agencies that Vought and his allies view as illegitimate or unconstitutional.

It was “like being in a contract quietly revoked two decades ago, in which one party didn’t tell the other,” he said. “At some point, reality needs to set in. Instead, we have the vaunted so-called Federalist Society and originalist judges acting as a Praetorian Guard for this post-constitutional structure.”

Echoing Trump’s rhetoric, Vought implicitly endorsed the false claim of a stolen 2020 election and likened the media’s debunkings of that claim to Chinese Communist propaganda.

“In the aftermath of the election, we had all these people going around saying, ‘Well, I don’t see any evidence of voter fraud. The media’s not giving enough [of] a compelling case,’” he said. “Well, that compelling case has emerged. But does a Christian in China ask and come away saying, ‘You know, there’s no persecution, because I haven’t read about it in the state regime press?’ No, they don’t.”

Vought referred to the people detained for alleged crimes committed on Jan. 6, 2021, as “political prisoners” and defended the lawyers Jeffrey Clark and John Eastman, who have both faced criminal charges for their role in Trump’s attempts to overturn the 2020 election. Federal law enforcement agencies, he added, “are keeping political opponents in jail, and I think we need to be honest about that.”

The left, Vought continued, has the ultimate goal of ending representative democracy altogether. “The stark reality in America is that we are in the late stages of a complete Marxist takeover of the country,” he said, “in which our adversaries already hold the weapons of the government apparatus, and they have aimed it at us. And they are going to continue to aim it until they no longer have to win elections.”

When Democrats called Trump an “existential threat to democracy,” they were not merely calling for his defeat at the ballot box, he said, but were using “coded language the national security state uses overseas when they are overthrowing other governments” to discourage the military from putting down anti-Trump protests should he win.

“They’re making Trump out to be a would-be dictator or an authoritarian,” he said. “So they’re actively working now to ensure, on a number of levels, that the military will perceive this as dictatorial and therefore not respond to any orders to quell any violence.”

Trump, Vought insisted, has the credibility and the track record to defeat the “Marxist” left and bring about the changes that Vought and his MAGA allies seek. In his view, the Democratic Party’s agenda and its “quiet revolution” could be stopped only by a “radical constitutionalist,” someone in the mold of Thomas Jefferson or James Madison. For Vought, no one was in a better position to fill that role than Trump.

“We have in Donald Trump a man who is so uniquely positioned to serve this role, a man whose own interests perfectly align with the interests of the country,” Vought said. “He has seen what it has done to him, and he has seen what they are trying to do to the country.

“That,” he added, “is nothing more than a gift of God.”

Have Government Employees Mentioned Climate Change, Voting, or Gender Identity? The Heritage Foundation Wants to Know.

2 October 2024 at 20:38

This story was published first by ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive our biggest stories as soon as they are published.

Three investigators for the Heritage Foundation have deluged federal agencies with thousands of Freedom of Information Act requests over the past year, requesting a wide range of information on government employees, including communications that could be seen as a political liability by conservatives. Among the documents they’ve sought are lists of agency personnel and messages sent by individual government workers that mention, among other things, “climate equity,” “voting” or “SOGIE,” an acronym for sexual orientation, gender identity and expression.

The Heritage team filed these requests even as the think tank’s Project 2025 was promoting a controversial plan to remove job protections for tens of thousands of career civil servants so they could be identified and fired if Donald Trump wins the presidential election.

All three men who filed the requests—Mike Howell, Colin Aamot and Roman Jankowski—did so on behalf of the Heritage Foundation’s Oversight Project, an arm of the conservative group that uses FOIA, lawsuits and undercover videos to investigate government activities. In recent months, the group has used information gleaned from the requests to call attention to efforts by the Defense Counterintelligence and Security Agency to teach staff about gender diversity, which Fox News characterized as the “Biden administration’s ‘woke’ policies within the Department of Defense.” Heritage also used material gathered from a FOIA search to claim that a listening session the Justice Department held with voting rights activists constituted an attempt to “rig” the presidential election because no Republicans were present.

An analysis of more than 2,000 public-records requests submitted by Aamot, Howell and Jankowski to more than two dozen federal offices and agencies, including the State Department, the Department of Homeland Security and the Federal Trade Commission, shows an intense focus on hot-button phrases used by individual government workers.

Those 2,000 requests are just the tip of the iceberg, Howell told ProPublica in an interview. Howell, the executive director of the Oversight Project, estimated that his group had submitted more than 50,000 information requests over the past two years. He described the project as “the most prestigious international investigative operation in the world.”

Among 744 requests that Aamot, Jankowski and Howell submitted to the Department of the Interior over the past year are 161 that seek civil servants’ emails and texts as well as Slack and Microsoft Teams messages that contained terms including “climate change”; “DEI,” or diversity, equity and inclusion; and “GOTV,” an acronym for get out the vote. Many of these FOIAs request the messages of individual employees by name.

Trump has made clear his intentions to overhaul the Department of the Interior, which protects the nation’s natural resources, including hundreds of millions of acres of land. Under President Joe Biden, the department has made tackling climate change a priority.

Hundreds of the requests asked for government employees’ communications with civil rights and voting rights groups, including the ACLU; the Native American Rights Fund; Rock the Vote; and Fair Count, an organization founded by Democratic politician and voting rights advocate Stacey Abrams. Still other FOIAs sought communications that mention “Trump” and “Reduction in Force,” a term that refers to layoffs.

Several requests, including some sent to the Department of Defense, the Department of Homeland Security and the Office of the Director of National Intelligence, focus on personnel. Some ask for “all employees who entered into a position at the agency as a Political Appointee since January 20, 2021,” the first day of the Biden administration. Others target career employees. Still other FOIAs seek agencies’ “hierarchy charts.”

“It does ring some alarm bells as to whether this is part of an effort to either intimidate government employees or, ultimately, to fire them and replace them with people who are going to be loyal to a leader that they may prefer,” Noah Bookbinder, president and CEO of Citizens for Responsibility and Ethics in Washington, or CREW, said of the FOIAs.

Asked whether the project gathered the records to facilitate the firing of government workers, Howell said, “Our work is meant to just figure out who the decision-makers are.” He added that his group isn’t focused on simply identifying particular career employees. “It’s more about what the bureaucrats are doing, not who the bureaucrats are,” he said.

Howell said he was speaking on behalf of himself and the Oversight Project. Aamot requested questions in writing, but did not respond further. Jankowski did not reply to a request for comment.

“We have to search people’s accounts for poop. This isn’t a thing. I can’t imagine a real reporter putting in a request like that.”

Bookbinder also pointed out that inundating agencies with requests can interfere with the government’s ability to function. “It’s OK to make FOIA requests,” said Bookbinder, who acknowledged that CREW has also submitted its share of requests. “But if you purposely overwhelm the system, you can both cause slower response to FOIAs … and you can gum up other government functions.”

Indeed, a government worker who processes FOIAs for a federal agency told ProPublica that the volume of requests from Heritage interfered with their ability to do their job. “Sometimes they come in at a rate of one a second,” said the worker, who asked to remain anonymous because they were not authorized to speak to the press. The worker said they now spend a third of their work time processing requests from Heritage, including some that seek communications that mention the terms “Biden” and “mental” or “Alzheimer’s” or “dementia” or “defecate” or “poop.”

“They’re taking time away from FOIA requesters that have legitimate requests,” said the worker. “We have to search people’s accounts for poop. This isn’t a thing. I can’t imagine a real reporter putting in a request like that.”

Asked about the comment, Howell said: “I’m paying them, so they should do their damn job and turn over the documents. Their job is not to decide what they think is worth, you know, releasing or not.” He added that “we’re better journalists by any standard than The New York Times.”

Project 2025, which is led by Heritage, became politically toxic—with Trump disavowing the endeavor and Kamala Harris seeking to tie her opponent to the plan—in part for proposing to identify and fire as many as 50,000 career government employees who are deemed “nonperforming” by a future Trump administration. Trump attempted to do this at the end of his first term, issuing an executive order known as “Schedule F” that would have allowed his administration to reclassify thousands of civil servants, making them easier to fire and replace. Biden then repealed it.

Project 2025’s 887-page policy blueprint proposes that the next conservative president reissue that “Schedule F” executive order. That would mean a future Trump administration would have the ability to replace tens of thousands of career government employees with new staffers of their choosing.

To fill those vacancies, as ProPublica has reported, Project 2025 has also recruited, vetted and trained future government employees for a Republican administration. In one training video obtained by ProPublica, a former Trump White House official named Dan Huff says that future government staffers should prepare to enact drastic policy changes if they join the administration.

“If you’re not on board with helping implement a dramatic course correction because you’re afraid it’ll damage your future employment prospects, it’ll harm you socially—look, I get it,” Huff says. “That’s a real danger. It’s a real thing. But please: Do us all a favor and sit this one out.”

Howell, the head of the Oversight Project and one of the FOIA filers, is a featured speaker in one of Project 2025’s training videos, in which he and two other veteran government investigators discuss different forms of government oversight, such as FOIA requests, inspector general investigations and congressional probes. Another speaker in the video, Tom Jones of the American Accountability Foundation, offers advice to prospective government employees in a conservative administration about how to avoid having sensitive or embarrassing emails obtained under the FOIA law—the very strategy that the Oversight Project is now using with the Biden administration.

“If you need to resolve something, if you can do it, it’s probably better to walk down the hall, buttonhole a guy and say, ‘Hey, what are we going to do here?’ Talk through the decision,” Jones says.

“You’re probably better off,” Jones says, “going down to the canteen, getting a cup of coffee, talking it through and making the decision, as opposed to sending him an email and creating a thread that Accountable.US or one of those other groups is going to come back and seek.”

The records requests are far reaching, seeking “full calendar exports” for hundreds of government employees. One FOIA submitted by Aamot sought the complete browser history for Interior Secretary Deb Haaland, “whether exported from Chrome, Safari, Windows Explorer, Mozilla.” The most frequent of the three requesters, Aamot, whose online bio describes him as a former psychological operations planner with the Army’s Special Operations Command, submitted some FOIAs on behalf of the Heritage Foundation and others for the Daily Signal. The publication spun off from the Heritage Foundation in June, according to an announcement on the think tank’s website, but another page on the site still seeks donations for both the foundation and the Daily Signal.

ProPublica obtained the Department of Interior requests as well as tallies of FOIAs from the Centers for Disease Control and Prevention, the Environmental Protection Agency and the Health Resources and Services Administration through its own public records requests

Several of the Heritage Foundation’s requests focus on gender, asking for materials federal agencies presented to employees or contractors “mentioning ‘DEI’, ‘Transgender’, ‘Equity’, or ‘Pronouns.’” Aamot sent similar requests to the Office of the Director of National Intelligence, the Office of Management and Budget, Americorps and the Chemical Safety Board, among other agencies. Howell said he believes that the group has uncovered evidence that “unpopular and just frankly sexually creepy and sexually disordered ideas are now being translated into government jargon, speak, policies, procedures and guidance documents.”

Heritage’s FOIA blitz has even sought information about what government employees are saying about Heritage and its employees, including the three men filing the thousands of FOIAs. One request sent to the Interior Department asks for any documents to and from the agency’s chief FOIA officer that mention Heritage’s president, Kevin Roberts, as well as the names of Aamot, Howell and Jankowski.

Irena Hwang contributed data analysis. Kirsten Berg contributed research.

Have Government Employees Mentioned Climate Change, Voting, or Gender Identity? The Heritage Foundation Wants to Know.

2 October 2024 at 20:38

This story was published first by ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive our biggest stories as soon as they are published.

Three investigators for the Heritage Foundation have deluged federal agencies with thousands of Freedom of Information Act requests over the past year, requesting a wide range of information on government employees, including communications that could be seen as a political liability by conservatives. Among the documents they’ve sought are lists of agency personnel and messages sent by individual government workers that mention, among other things, “climate equity,” “voting” or “SOGIE,” an acronym for sexual orientation, gender identity and expression.

The Heritage team filed these requests even as the think tank’s Project 2025 was promoting a controversial plan to remove job protections for tens of thousands of career civil servants so they could be identified and fired if Donald Trump wins the presidential election.

All three men who filed the requests—Mike Howell, Colin Aamot and Roman Jankowski—did so on behalf of the Heritage Foundation’s Oversight Project, an arm of the conservative group that uses FOIA, lawsuits and undercover videos to investigate government activities. In recent months, the group has used information gleaned from the requests to call attention to efforts by the Defense Counterintelligence and Security Agency to teach staff about gender diversity, which Fox News characterized as the “Biden administration’s ‘woke’ policies within the Department of Defense.” Heritage also used material gathered from a FOIA search to claim that a listening session the Justice Department held with voting rights activists constituted an attempt to “rig” the presidential election because no Republicans were present.

An analysis of more than 2,000 public-records requests submitted by Aamot, Howell and Jankowski to more than two dozen federal offices and agencies, including the State Department, the Department of Homeland Security and the Federal Trade Commission, shows an intense focus on hot-button phrases used by individual government workers.

Those 2,000 requests are just the tip of the iceberg, Howell told ProPublica in an interview. Howell, the executive director of the Oversight Project, estimated that his group had submitted more than 50,000 information requests over the past two years. He described the project as “the most prestigious international investigative operation in the world.”

Among 744 requests that Aamot, Jankowski and Howell submitted to the Department of the Interior over the past year are 161 that seek civil servants’ emails and texts as well as Slack and Microsoft Teams messages that contained terms including “climate change”; “DEI,” or diversity, equity and inclusion; and “GOTV,” an acronym for get out the vote. Many of these FOIAs request the messages of individual employees by name.

Trump has made clear his intentions to overhaul the Department of the Interior, which protects the nation’s natural resources, including hundreds of millions of acres of land. Under President Joe Biden, the department has made tackling climate change a priority.

Hundreds of the requests asked for government employees’ communications with civil rights and voting rights groups, including the ACLU; the Native American Rights Fund; Rock the Vote; and Fair Count, an organization founded by Democratic politician and voting rights advocate Stacey Abrams. Still other FOIAs sought communications that mention “Trump” and “Reduction in Force,” a term that refers to layoffs.

Several requests, including some sent to the Department of Defense, the Department of Homeland Security and the Office of the Director of National Intelligence, focus on personnel. Some ask for “all employees who entered into a position at the agency as a Political Appointee since January 20, 2021,” the first day of the Biden administration. Others target career employees. Still other FOIAs seek agencies’ “hierarchy charts.”

“It does ring some alarm bells as to whether this is part of an effort to either intimidate government employees or, ultimately, to fire them and replace them with people who are going to be loyal to a leader that they may prefer,” Noah Bookbinder, president and CEO of Citizens for Responsibility and Ethics in Washington, or CREW, said of the FOIAs.

Asked whether the project gathered the records to facilitate the firing of government workers, Howell said, “Our work is meant to just figure out who the decision-makers are.” He added that his group isn’t focused on simply identifying particular career employees. “It’s more about what the bureaucrats are doing, not who the bureaucrats are,” he said.

Howell said he was speaking on behalf of himself and the Oversight Project. Aamot requested questions in writing, but did not respond further. Jankowski did not reply to a request for comment.

“We have to search people’s accounts for poop. This isn’t a thing. I can’t imagine a real reporter putting in a request like that.”

Bookbinder also pointed out that inundating agencies with requests can interfere with the government’s ability to function. “It’s OK to make FOIA requests,” said Bookbinder, who acknowledged that CREW has also submitted its share of requests. “But if you purposely overwhelm the system, you can both cause slower response to FOIAs … and you can gum up other government functions.”

Indeed, a government worker who processes FOIAs for a federal agency told ProPublica that the volume of requests from Heritage interfered with their ability to do their job. “Sometimes they come in at a rate of one a second,” said the worker, who asked to remain anonymous because they were not authorized to speak to the press. The worker said they now spend a third of their work time processing requests from Heritage, including some that seek communications that mention the terms “Biden” and “mental” or “Alzheimer’s” or “dementia” or “defecate” or “poop.”

“They’re taking time away from FOIA requesters that have legitimate requests,” said the worker. “We have to search people’s accounts for poop. This isn’t a thing. I can’t imagine a real reporter putting in a request like that.”

Asked about the comment, Howell said: “I’m paying them, so they should do their damn job and turn over the documents. Their job is not to decide what they think is worth, you know, releasing or not.” He added that “we’re better journalists by any standard than The New York Times.”

Project 2025, which is led by Heritage, became politically toxic—with Trump disavowing the endeavor and Kamala Harris seeking to tie her opponent to the plan—in part for proposing to identify and fire as many as 50,000 career government employees who are deemed “nonperforming” by a future Trump administration. Trump attempted to do this at the end of his first term, issuing an executive order known as “Schedule F” that would have allowed his administration to reclassify thousands of civil servants, making them easier to fire and replace. Biden then repealed it.

Project 2025’s 887-page policy blueprint proposes that the next conservative president reissue that “Schedule F” executive order. That would mean a future Trump administration would have the ability to replace tens of thousands of career government employees with new staffers of their choosing.

To fill those vacancies, as ProPublica has reported, Project 2025 has also recruited, vetted and trained future government employees for a Republican administration. In one training video obtained by ProPublica, a former Trump White House official named Dan Huff says that future government staffers should prepare to enact drastic policy changes if they join the administration.

“If you’re not on board with helping implement a dramatic course correction because you’re afraid it’ll damage your future employment prospects, it’ll harm you socially—look, I get it,” Huff says. “That’s a real danger. It’s a real thing. But please: Do us all a favor and sit this one out.”

Howell, the head of the Oversight Project and one of the FOIA filers, is a featured speaker in one of Project 2025’s training videos, in which he and two other veteran government investigators discuss different forms of government oversight, such as FOIA requests, inspector general investigations and congressional probes. Another speaker in the video, Tom Jones of the American Accountability Foundation, offers advice to prospective government employees in a conservative administration about how to avoid having sensitive or embarrassing emails obtained under the FOIA law—the very strategy that the Oversight Project is now using with the Biden administration.

“If you need to resolve something, if you can do it, it’s probably better to walk down the hall, buttonhole a guy and say, ‘Hey, what are we going to do here?’ Talk through the decision,” Jones says.

“You’re probably better off,” Jones says, “going down to the canteen, getting a cup of coffee, talking it through and making the decision, as opposed to sending him an email and creating a thread that Accountable.US or one of those other groups is going to come back and seek.”

The records requests are far reaching, seeking “full calendar exports” for hundreds of government employees. One FOIA submitted by Aamot sought the complete browser history for Interior Secretary Deb Haaland, “whether exported from Chrome, Safari, Windows Explorer, Mozilla.” The most frequent of the three requesters, Aamot, whose online bio describes him as a former psychological operations planner with the Army’s Special Operations Command, submitted some FOIAs on behalf of the Heritage Foundation and others for the Daily Signal. The publication spun off from the Heritage Foundation in June, according to an announcement on the think tank’s website, but another page on the site still seeks donations for both the foundation and the Daily Signal.

ProPublica obtained the Department of Interior requests as well as tallies of FOIAs from the Centers for Disease Control and Prevention, the Environmental Protection Agency and the Health Resources and Services Administration through its own public records requests

Several of the Heritage Foundation’s requests focus on gender, asking for materials federal agencies presented to employees or contractors “mentioning ‘DEI’, ‘Transgender’, ‘Equity’, or ‘Pronouns.’” Aamot sent similar requests to the Office of the Director of National Intelligence, the Office of Management and Budget, Americorps and the Chemical Safety Board, among other agencies. Howell said he believes that the group has uncovered evidence that “unpopular and just frankly sexually creepy and sexually disordered ideas are now being translated into government jargon, speak, policies, procedures and guidance documents.”

Heritage’s FOIA blitz has even sought information about what government employees are saying about Heritage and its employees, including the three men filing the thousands of FOIAs. One request sent to the Interior Department asks for any documents to and from the agency’s chief FOIA officer that mention Heritage’s president, Kevin Roberts, as well as the names of Aamot, Howell and Jankowski.

Irena Hwang contributed data analysis. Kirsten Berg contributed research.

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