First Assistant US Attorney Bill Essayli
There he goes again. As Democrats predicted before the first votes were in, President Donald Trump is, as is his way, challenging the results of the elections in California. With absolutely no evidence of wrongdoing, he took to Truth Social twice on Wednesday.
"The Dumocrats are at it again! They are trying to STEAL THE GOVERNOR OF CALIFORNIA PRIMARY, AND THE MAYOR OF LOS ANGELES, PRIMARY, AWAY FROM TWO GREAT REPUBLICAN CANDIDATES. Here we go with the very late and massive numbers of MAIL IN BALLOTS," Trump posted
"There's BIG cheating by the Dumocrats in California. Votes are all tied up. May not be in for weeks. Under investigation by the U.S. Attorney's Office in Los Angeles. Why the vote counting DELAY???"
Trump knows exactly why the delay. It's because the state relies heavily on mail-in ballots, which must be postmarked by election day but may not arrive until days after. And then they are hand-counted, with signatures verified and corrected if necessary. It's part of making sure that as many people participate as possible, and that every vote is counted. Another word for it is democracy.
You'd think that if Democrats were stealing the Governor's and Mayor's race, they'd be doing a more effective job of it; in fact, Trump's favored candidates are doing better than expected. But there is a method to Trump's madness: the popular theory, backed up by some practical evidence, that late-deciding mail-in ballots tend to break Democratic and progressive.
Four years ago, Rick Caruso, the popular developer, held a comfortable lead over Karen Bass on the morning after the election, only to see their positions reversed by the late ballots. Does that mean that Spencer Pratt and Steve Hilton, the TV hosts turned politicians, will lose their spots in the run-off? Probably not. But the feds are ready to prosecute, just in case.
More troubling than Trump's social media rants are the actions actually being taken by his ardent loyalist, who is the "first assistant U.S. Attorney" for the Central District of California — a loophole method of having a non-confirmed and non-confirmable appointee run the office. First Assistant U.S. Atty. Bill Essayli, on Friday morning, said his office "has multiple election fraud investigations underway," in coordination with the FBI in Los Angeles. Essayli's office confirmed that Assistant U.S. Atty. Robert Renner was at a Los Angeles County ballot processing center Friday "to observe the vote counting process."
Essayli's office has earned the reputation, under his "leadership," of losing. He has distinguished himself for his vigor in pursuing the Trump agenda, prosecuting protestors, immigrants and activists, with surprisingly little success. There is an old expression that a good prosecutor can get a grand jury to indict a ham sandwich. Essayli and his lieutenants are not, by that standard, very good prosecutors.
The judges of the Central District could select a new U.S. Attorney to fill the vacancy in the Central District, but they haven't moved to do so. One explanation is that they are simply letting Essayli and his team fall on their faces. Meghan Blanco, a former federal prosecutor and veteran defense attorney, suggested to the Los Angeles Times that the federal judges' inaction with Essayli might be a clever act of resistance. "If you're a judge and displeased with what DOJ is doing and the shenanigans they're pulling ... you let the Essayli appointment play out," Blanco said. "No one has seen a U.S. attorney's office lose the way this office is losing now."
Opening investigations to suit the president's partisan whims is the secret to success in the Trump justice system. It is what won Bill Pulte, the housing chief who, based on his willingness to scour the mortgage applications of Trump's enemies, the spot of Director of National Intelligence. It is all that Trump values, and it is a terrible abuse of power. In prior times, presidents could face impeachment for such abuses. In this world, we have come to accept it as business as usual. It should not be.
Susan Estrich is a celebrated feminist legal scholar, the first female president of the Harvard Law Review, and the first woman to run a U.S. presidential campaign. She has written eight books.
- Feds announce election fraud probes in California over ‘serious structural vulnerabilities’ as primary vote count drags on | The Post Millennial | thepostmillennial.com ›
- DOJ debunks social media claim of discrepancy in LA mayor voting count | CNN Politics ›
- Here's The Latest Vote Count Results In LA's Highly Contested Mayoral Race | WLT Report ›
- Essayli says 'multiple election fraud investigations underway,' gives no specifics - ABC7 Los Angeles ›
- U.S. attorney says FBI and federal prosecutors are investigating alleged election fraud in California - Los Angeles Times ›
- DOJ debunks social media claim of discrepancy in LA mayor vote count while Trump sows doubt in California’s elections | Politics | kten.com ›
- Election fraud probes in California announced by US Attorney amid rising tensions over slow vote count | FOX 11 Los Angeles ›
- US attorney opens investigations into California's elections, sends prosecutor to LA vote center ›
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