Michigan state legislature closes offices due to 'credible threats of violence'
Law enforcement recommended the Michigan legislature close its offices.
President Donald Trump is slated to hand over control of the White House to President-elect Joe Biden in 39 days.
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Trump called Pennsylvania Republican House Speaker last week
Trump reached out to Pennsylvania State Speaker of the House Brian Cutler last week asking about the legislature possibly overturning the election as part of his ongoing and apparent pressure campaign to have GOP-controlled legislatures flip results in his favor in battleground states he lost.
Mike Straub, a spokesman for Cutler, confirmed to ABC News reporting in The New York Times that Trump asked what options were available to the legislature on the phone call.
“Cutler made it very clear what power the legislature has and does not have," Straub told ABC News, adding he is "not aware of the President explicitly asking to turnover [sic] the election results."
Straub separately told ABC News that he was not present for the conversations between Cutler and the president, but he was briefed.
"The president wanted to know what options were available to the legislature to address those concerns... Speaker Cutler was very clear in explaining what power the legislature has and does not have within our state Constitution," Straub said. "One remedy the Trump campaign is seeking in a court case involves the legislature seating electors -- Speaker Cutler explained the legislature does not have that authority."
Cutler separately signed onto a resolution last week imploring Pennsylvania Republicans in Congress to officially contest the election results in January. While this has happened in the past, including over the election of George W. Bush, it is highly unlikely to overturn the election results.
The Supreme Court may decide Tuesday to take up a challenge by Pennsylvania Republican Rep. Mike Kelly over the constitutionality of mail-in voting, but legal experts have told ABC News that is a long shot. With Tuesday being the constitutionally mandated "safe-harbor" deadline for electors, all legal challenges are meant to be resolved by the end of the day, thus ensuring the correct electors will cast their votes in statehouses on Dec. 14.
-ABC News' Alex Hosenball
Former Trump admin official sues Trump campaign lawyer for defamation
Former Cybersecurity and Infrastructure Security Agency Director Chris Krebs has sued Trump campaign lawyer Joe diGenova and Newsmax over comments the Trump campaign lawyer made on the TV network calling for Krebs to be "taken out at dawn and shot."
Krebs’ lawyers say that the Trump campaign and “diGenova, spread, stoked, and instigated unfounded allegations of system-wide voter fraud, abuse, and interference—without proffering any evidence deemed credible by any state or federal court—in a naked and politically motivated effort to undermine public confidence in the election,” according to a complaint filed in Montgomery County, Maryland, court.
Trump fired Krebs last month after he repeatedly rebuked unfounded claims made by Trump and his campaign about widespread voter fraud, which the complaint also hits on.
The lawsuit says Krebs has received death threats through email and on Twitter by, in some cases, “angry Newsmax viewers," with people calling Krebs a traitor who should be hung. These threats were so serious, according to the lawsuit, that Krebs’ 10-year-old child asked, “Daddy’s going to get executed?”
“Seeing the pain and fear in those closest to him has only elevated his own pain and fear,” the lawsuit says. Because of this, Krebs has had to leave his house, retain private security and reported threats to law enforcement.
Krebs is seeking Newsmax to remove the clip as well as monetary damages, with the suit saying that diGenova and the network have a “symbiotic relationship.”
-ABC News' Luke Barr
Jenna Ellis says she's positive for COVID-19: Sources
Trump campaign legal adviser Jenna Ellis has informed associates she’s tested positive for coronavirus only days after attending a Christmas party at the White House, igniting panic in the West Wing, multiple sources tell ABC News.
Ellis attended a senior staff Christmas party at the White House on Friday, where she was photographed not wearing a mask.
The news comes just days after it was revealed that Trump’s personal lawyer Rudy Giuliani has been hospitalized after testing positive for COVID-19. Ellis has spent the last month traveling the country with Giuliani working to overturn the 2020 election results in states including Pennsylvania, Michigan and Arizona on behalf of the president. Both have attended hearings without wearing a mask.
-ABC News' Katherine Faulders, John Santucci and Will Steakin
Clyburn says majority of Biden inauguration will be virtual
Democratic Majority Whip Jim Clyburn, whose primary endorsement in South Carolina helped put Biden on a path to victory and who was tapped this week to chair Biden’s presidential inaugural committee, began to paint a clearer picture Tuesday of what the public can expect on Jan. 20, saying a majority of the inauguration will be virtual.
"I think the president will be sworn in in a a traditional way, but 75%, 80% of this inauguration will probably be virtual," Clyburn told CNN Tuesday morning, comparing the look to this summer’s Democratic National Convention.
"This inauguration will be an example of what a President Joe Biden would like to see the people of America do," Clyburn added, noting the worsening coronavirus pandemic. "We are not going to violate anything... We are going to discourage anything that could be a spreader."
Providing an alternative, Clyburn said he's hopeful there could be a celebration on the National Mall July 4, adding, "Hopefully things will be under control then."
As Biden is expected to name retired Army Gen. Lloyd Austin to lead the Pentagon at some point this week, Clyburn also offered praise for the "historic" choice of and encouraged Biden to consider more Black candidates he's suggested -- including Rep. Marcia Fudge, D-Ohio, and Atlanta Mayor Keisha Lance Bottoms -- for other senior-level Cabinet positions. The pressure comes ahead of Biden's meeting with civil rights leaders Tuesday afternoon as they advocate for more people of color to be nominated to top spots.
"There are plenty of bodies to be found if you ask the right person," Clyburn said.
Trump-appointed judge in Wisconsin rejects another Trump election challenge
While the U.S. Supreme Court has twice refused to hear pro-Trump challenges to the 2020 elections, a federal judge in Wisconsin on Saturday joined the chorus of rulings against Trump in his effort to use the courts to invalidate Biden’s victory.
“This Court has allowed plaintiff the chance to make his case and he has lost on the merits,” wrote U.S. District Court Judge Brett H. Ludwig, a Trump appointee. Ludwig noted that the president had asked “that the Rule of Law be followed,” and he declared in response: “It has been.”
The ruling comes just one day after the U.S. Supreme Court refused to consider an election challenge brought by the Texas attorney general contesting the way elections were run in four states, including Wisconsin. Trump had called that case “the big one,” because he thought it held the best hopes for him of re-litigating the 2020 contest in court.
This latest ruling marks nearly 50 losses for the president in cases brought by him and his supporters since election day. In Wisconsin, where Biden won by more than 20,000 votes, Trump asked for 221,000 absentee and mail-in ballots to be excluded on the grounds they were collected in ways not laid out by the state legislature. And the president argued that the legislature should be afforded the chance to select an alternate slate of electors.
Ludwig’s 23-page opinion gave wide latitude to Trump -- finding that the president had standing to file his election challenge and was not too late to raise his concerns about the way the election was conducted. But the outcome of the case was the same as rulings in other battleground states -- that Biden’s victory was attained legally and should not be thrown to a legislature to upend.
The president, Ludwig wrote, “has not proved” that state election officials violated his rights. “To the contrary, the record shows Wisconsin’s Presidential Electors are being determined in the very manner directed by the Legislature, as required by Article II, Section 1 of the Constitution.”
Ludwig further noted that if he followed the demands set out in Trump’s lawsuit, “any disappointed loser in a Presidential election, able to hire a team of clever lawyers, could flag claimed deviations from the election rules and cast doubt on the election results. This would risk turning every Presidential election into a federal court lawsuit over the Electors Clause.”
The Trump campaign has not yet responded to requests for comment.
At the moment the federal ruling was handed down, the Wisconsin Supreme Court was hearing arguments on a separate challenge to a recount of votes in the state, which had failed in a lower court.
-ABC News' Matthew Mosk and Alex Hosenball