Latest on 2020 election and SCOTUS battle

By Meg Wagner, Melissa Macaya and Veronica Rocha, CNN

Updated 9:40 a.m. ET, October 1, 2020
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5:18 p.m. ET, September 24, 2020

Trump tries to cast doubt on election honesty

From CNN's Jason Hoffman 

Patrick Semansky/AP
Patrick Semansky/AP

President Trump said he’s not sure November’s election will be honest with unsolicited ballots, again casting doubt as to whether he would accept the results of the election.

Asked if the election results would only be legitimate if he wins, Trump did not answer, instead saying “we have to be very careful with the ballots,” calling mail-in voting a scam.

“We have to be very careful with the ballots, the ballots, that’s a whole big scam,” Trump told reporters before departing the White House on Thursday. “You know they found I understand eight ballots in a waste paper basket in some location,” he added referring to announcement, the Justice Department made about potential issues with a small number of mail-in ballots” in the battleground state of Pennsylvania.

 “We want to make sure the elections is honest, and I’m not sure that it can be, I don’t know that it can be with this whole situation, unsolicited ballots, they’re unsolicited, millions being sent to everybody,” Trump added.

His claims about unsolicited ballots are not accurate.

Facts First: While some sources estimate there will be around 80 million ballots submitted by mail this year, the President is wrong to suggest that they are all somehow unsolicited. In 41 of 50 states, voters have to request their ballot by mail before being sent one, with only a handful of states automatically sending mail-in ballots to all registered voters.

Trump also criticized Hillary Clinton for telling Joe Biden not to accept the results of the election. Of course, Clinton is not running for president this year and Trump is.

His comments about an “honest election” come one day after he refused to commit to a peaceful transition of power should he lose the election. "Well, we're going to have to see what happens," Trump said at a Wednesday news conference.

Earlier on Thursday, White House press secretary Kayleigh McEnany did not explicitly say Trump would accept the results of the election, only saying Trump would “accept the results of a free and fair election.” However the President himself continues to cast doubt on whether he will view this election as “free and fair.”

Watch the moment:

5:04 p.m. ET, September 24, 2020

DOJ investigating "discarded" ballots in Pennsylvania

From CNN's Ross Levitt

Supporters of Mike Pence and Donald Trump wait for the Vice President's motorcade during a Sept. 1 "Workers for Trump" rally in Luzerne County, Pennsylvania.
Supporters of Mike Pence and Donald Trump wait for the Vice President's motorcade during a Sept. 1 "Workers for Trump" rally in Luzerne County, Pennsylvania. Aimee Dilger/SOPA Images/LightRocket/Getty Images

The US Attorney’s Office removed its initial news release regarding an investigation into “discarded” ballots in Pennsylvania and issued a new one that changed some of the facts. The new release said seven of the ballots were cast for presidential candidate Donald Trump. 

The initial release had said all nine were cast for Trump.

“Two of the discarded ballots had been resealed inside their appropriate envelopes by Luzerne elections staff prior to recovery by the FBI and the contents of those 2 ballots are unknown,” the new statement said.

Reached by CNN’s Kelly Mena, the US Attorney’s Office acknowledged that there was a new release, but had no further comment on the investigation.

The Luzerne District Attorney’s office tells CNN the ballots were general election ballots.

This post has been updated with new details on the US Attorney’s Office investigation into “discarded” ballots in Pennsylvania.

3:29 p.m. ET, September 24, 2020

Senate unanimously passes resolution reaffirming commitment to "orderly and peaceful transfer of power"

From CNN's Phil Mattingly

The US Senate on Thursday agreed unanimously to state the obvious – that the chamber is committed to the orderly and peaceful transition of power – even if President Trump has declined to do just that.

A day after Trump appeared to call into question a bedrock democratic principle, the chamber passed, by unanimous consent, a resolution that “reaffirms its commitment to the orderly and peaceful transfer of power called for in the Constitution of the United States; and intends that there should be no disruptions by the President or any person in power to overturn the will of the people of the US."

The resolution, offered by Sen. Joe Manchin, comes after Republicans were deluged by questions throughout the day Thursday about Trump’s comments. Most Republicans expressed little worry about them, repeatedly telling reporters the transition, if Trump were to lose in November, would be the same as it has been for centuries.

“It’s a shame that we have to come and reaffirm our commitment to our country, to our Constitution and who we are as a people,” Manchin said on the Senate floor. “Sometimes we hear things that challenge that, and we heard that yesterday and we were very concerned about that.”

Trump’s comments were enough to draw a rare tweet from Senate Majority Leader Mitch McConnell related to comments made by the President.

“The winner of the November 3rd election will be inaugurated on January 20th,” McConnell tweeted. “There will be an orderly transition just as there has been every four years since 1792.”

Asked if he took Trump seriously, McConnell responded: “That’s what my tweet was about. I think it pretty well sums up what I feel about it.”

2:38 p.m. ET, September 24, 2020

White House chief of staff refuses to explicitly say Trump will accept the results of the election

From CNN's Jason Hoffman 

Chief of Staff Mark Meadows speaks with reporters at the White House on Thursday, September 17.
Chief of Staff Mark Meadows speaks with reporters at the White House on Thursday, September 17. Alex Brandon/AP

White House Chief of Staff Mark Meadows refused to explicitly say President Trump would accept the results of November’s election, instead saying, “we have a history of a peaceful transition of power” after fair elections.

 “Here’s what we do know is that if every ballot is counted, and if it's a fair election, we have a history of a peaceful transition of power. To suggest otherwise is really not looking at the facts,” Meadows said in an interview on Fox news.

He later added that the White House is prepared for the peaceful transition of power but cited Hillary Clinton telling Joe Biden not to concede the election so “we just need to make sure we’re clear on both sides.”

Meadows said that President Trump's presidency has been about upholding the rule of law and “he’s consistent with that as it applies to the November 3rd election.”

The chief of staff went on to criticize judges in certain states who he claimed are making “adjustments to election laws without ever having been elected and also railed against “unsolicited ballots,” which he called a “perversion of the electoral process.”

“Bluntly, is that we are continuing to see a perversion of the electoral process with mail-in ballots that are unsolicited, that continue to go out with process in North Carolina. What they've done in North Carolina over the last 48 hours is, it may not be criminal, but it’s certainly in my opinion, unethical of the way they are trying to make a consent decree to change the laws of the legislature there,” he said.

Facts First: While some sources estimate there will be around 80 million ballots submitted by mail this year, the President is wrong to suggest that they are all somehow unsolicited. In 41 of 50 states, voters have to request their ballot by mail before being sent one, with only a handful of states automatically sending mail-in ballots to all registered voters.

2:24 p.m. ET, September 24, 2020

Pennsylvania GOP pushes back on reports about overturning election results

From CNN's Pamela Brown and Marshall Cohen

The Pennsylvania Republican Party is pushing back against the explosive report from The Atlantic that said the GOP-run legislature is already strategizing how to overturn the statewide results if Trump loses.

The scheme — if it were to happen — could look like this: If Biden is certified as the winner in Pennsylvania, the Democratic governor will follow proper procedure and approve a pro-Biden slate of electors for the Electoral College.

But, according to The Atlantic, GOP lawmakers have explored what powers the state legislature has to declare that the results were tainted and instead appoint a pro-Trump slate of electors. In this extreme and unprecedented scenario, Congress would have to decide which slate reflected the will of the people.

The Atlantic quoted Pennsylvania GOP chair Lawrence Tabas, who said this scheme “is one of the available legal options set forth in the Constitution” and that he had “mentioned it” to the Trump campaign and hopes “they’re thinking about it.” Tabas is correct that the US Constitution gives state legislatures the power to regulate how electors are chosen, though legal scholars aren’t sure if they can change the rules mid-election.

In an emailed statement to CNN, Vonne Andring, executive director of the Pennsylvania Republican Party, said Tabas was asked about these extreme election scenarios and responded “with facts.” Andring criticized the article, saying, “The Atlantic used that interview to spin an out of context, pre-emptive farce.” In the statement, Andring did not definitively rule out using the legislature to overturn the statewide results. 

“As the Chairman said, all of us want a swift, accurate result,” Andring said.

The statement also noted that Republicans, who control the legislature, recently passed a bill that would speed up ballot-processing. That provision has bipartisan support, but the bill has other measures that are opposed Democratic Gov. Tom Wolf, like banning new dropboxes and easing rules on partisan poll-watchers.

In response to the reporting about post-election maneuvering in Pennsylvania, CNN election law analyst Rick Hasen wrote a column saying these efforts were a “pre-emptive attack on the vote-count.” He condemned efforts like the one in Pennsylvania as “part of a play to grab power if the election is close enough.”

2:20 p.m. ET, September 24, 2020

Sanders: "This is an election between Donald Trump and democracy – and democracy must win"

From CNN's Alison Main

Sen. Bernie Sanders delivers an address on threats to American democracy at George Washington University on September 24.
Sen. Bernie Sanders delivers an address on threats to American democracy at George Washington University on September 24. Win McNamee/Getty Images

In his first in-person event since ending his presidential campaign earlier this year, Sen. Bernie Sanders urged Americans of all parties to come together to protect the nation's democracy against the threat posed by President Trump.

"This is not just an election between Donald Trump and Joe Biden. This is an election between Donald Trump and democracy – and democracy must win," Sanders said in a speech in Washington, DC, on Thursday.

Sanders, urging Americans to take President Trump's words seriously, quoted the President's own comments in the White House briefing room on Wednesday in which he would not commit to a peaceful transfer of power if he loses the election.

"That’s not his choice. That’s for the American people to determine," Sanders said, later adding, "that may be what his friend Putin does in Russia. It may be what is done in other authoritarian countries. But it is not and will not be done in America."

Sanders issued this warning to the President: "No matter how rich and powerful you may be, no matter how arrogant and narcissistic you may be, no matter how much you think you can get anything you want, let me make this clear to Donald Trump: Too many people have fought and died to defend American democracy. You are not going to destroy it."

The progressive politician's speech was a clear call for the unity of Americans of all parties and political backgrounds.

 "With less than 6 weeks left to go in this campaign it is my fervent hope that all Americans — Democrats, Republicans, independents, progressives, moderates, conservatives —come together to defend American democracy, our constitution and the rule of law," he said. 

Several times throughout his remarks, Sanders cited concerns about election integrity and the President from Republicans, including former Director of National Intelligence Dan Coats, former DHS official Miles Taylor, notable election lawyer Benjamin Ginsberg and a co-founder of the Federalist Society.

The senator said President Trump is "attempting massive voter suppression" through his repeated baseless comments about mail-in voting and voter fraud.

"I call on every elected official in America whether they be Republican, Democrat or Independent to vigorously oppose voter suppression and voter intimidation, to make sure that every vote is counted, and that no one is declared the winner until those votes are counted," Sanders said, later remarking that "everything possible must be done to prevent chaos, disinformation, and, yes, even violence" in the wake of the election. 

2:01 p.m. ET, September 24, 2020

White House says booing while Trump was at court was "appalling"

From CNN's Kevin Liptak 

 

People in the crowd boo as President Trump and first lady Melania Trump pay their respects to Supreme Court Justice Ruth Bader Ginsburg at the Supreme Court on Thursday.
People in the crowd boo as President Trump and first lady Melania Trump pay their respects to Supreme Court Justice Ruth Bader Ginsburg at the Supreme Court on Thursday. Shutterstock

Loud booing and chants at the Supreme Court on Thursday were "appalling," the White House said.

President Trump was met with chants of "vote him out" when he traveled to the court earlier today to pay his respects to the late Justice Ruth Bader Ginsburg.

"The chants were appalling but certainly to be expected when you’re in the heart of the swamp," White House press secretary Kayleigh McEnany said. "I travel with the President all across the country — Pennsylvania, North Carolina, Florida, Nevada — and everywhere we go the streets are lined with support like I don’t think any other president has had previously."

Trump rarely sees or interacts with non-supportive crowds. In the states McEnany listed, Trump has attended rallies with his supporters. 

Later, McEnany said the crowd had the right to protest — but shouldn't have.

"Everyone has a first amendment in this country. But I thought it was an appalling and disrespectful thing to do as the President honored Justice Ginsburg," she said.

1:40 p.m. ET, September 24, 2020

Biden's campaign says he'll commit to peaceful transfer of power

From CNN’s Sarah Mucha

Joe Biden speaks to members of the media before boarding a plane at Charlotte Douglas International Airport in Charlotte, N.C., Wednesday, Sept. 23.
Joe Biden speaks to members of the media before boarding a plane at Charlotte Douglas International Airport in Charlotte, N.C., Wednesday, Sept. 23. Carolyn Kaster/AP

Joe Biden’s presidential campaign held a press call Thursday afternoon on protecting the Affordable Care Act in light of the Supreme Court vacancy, an issue they see as a leading fight in the run up to the November election. 

Asked by CNN's Arlette Saenz for reaction to President Trump's unwillingness to commit to a peaceful transfer of power, the Biden campaign's Kate Bedingfield said that Biden will participate in a peaceful transfer of power and noted that Trump’s comments are only meant to distract from the issue of health care.  

“Donald Trump is trying to distract from his catastrophic failures as President of the United States in order to talk about something that frankly, you know, spins up the press corps so that you guys are focused on this and not focused on how he has not put forward a meaningful health care plan and how he has spent the entirety of this administration in court trying to tear down the Affordable Care Act," Bedingfield said.

"Joe Biden has participated in a peaceful transition of power before," she added. "He certainly will this time." 

The campaign previewed that it intends to continue linking health care to the Supreme Court vacancy in its messaging going forward, making the case to the American people to “vote like health care is on the ballot because it is.” Bedingfield said this will continue to “be a big argument” for the Democratic presidential nominee. 

12:43 p.m. ET, September 24, 2020

GOP senator says she's "confident" there would be a transition of power

From CNN's Kristin Wilson

 

Alex Edelman/Pool/Getty Images
Alex Edelman/Pool/Getty Images

Sen. Susan Collins said that while she has concerns about President Trump's comments on the transition of power, she is “confident that we will see it occur once again.” 

“I don't know what his thinking was, but we have always had a controlled transition between administrations. And I'm certain that if there’s a change in administrations, that we have the calmness as well. It's fundamental to our democracy,” she said.

What this is about: Trump yesterday would not commit to providing a peaceful transition of power after Election Day, sparking further concerns he may not relinquish his office should he lose in November.