Transcripts For CSPAN2 Hearing On Threats To Election Officials 20220803

Democracy. Threats against election workers. In a recent survey, one out of every six Election Officials reported receiving threats because their jobs are in the front lines of democracy. Many of these threats were inspired by false claims of fraud surrounding the last election. Claims that culminated in president trumps egg lie. Last summer the department of justice launched a task force to investigate the unprecedented threats that election workers across america are facing. This morning for the first Time Department motets about the progress thats been made by the task force since it was formed. We will also hear from cybersecurity and Infrastructure Security Agency which plays an indispensable role in securing our elections. We will hear from Public Officials who received Death Threats because of the efforts to protect our boating. Before we begin i i want to pa video to put this in perspective. Its a regulation of Brooke Donald trump launching an assault on the integrity of the election unleashing a barrage of false claims of fraud and corruption without evidence. We were winning and then a number started miraculously getting winnowed away in secret we have so much evidence gets a much group. Other allies threaten to turn the base against republicans who do not rush to the president s to fit. Each and every one of these. Threats are having a detrimental effect on the workers, on regular everyday citizens. Shes a vote scammer. But those are not suitcases. We have confirmed their the standard ballad containers used by Fulton County. Ruined of these womens lives. How she loved her home in 20 years hours before a mob of angry Trump Supporters surrounded her home. Do you know how it feels to have the president of the United States target you . I felt it was all my fault, like if i would have never decided be an elections worker, rumors and lies and attacking my mom. This is disturbing. Its one part of the trump intimidation effort has been waged against election workers. They had assault rifles, pipe of arms bomb. When offices on the roof of a building. We were ready for my family and my children. In places like arizona they are coming for you. We will find you. It was constant. And we will hang you, from georgia and minnesota. They are probably going to be executed for treason. This has to stop. This is elections. This is the backbone of democracy and all of you have not set a damn word are complicit in this. Someone is going to get hurt. Someone is going to get shot. Somebodys going to get killed. We have discussed the issue of violence in the past. Theres been a consensus on this committee and hope it continues in the congress that there is no place for violence whatsoever in our constitutional system of government. Neither on the right or on the left. I want to tell the story of ruby freeman. Thanks to the gentoo six committed Many Americans know her story, asphyxiation twoyearold grandmother in Fulton County, georgia. She had her daughter are two of the hundreds of thousands of americans who worked the pulse on election day 2020. Soon after after election day they found themselves at the center of the big lie with president ial council Rudy Giuliani promoter of viral video that giuliani claimed showed msk counting illegal ballots. In reality his claim was false. The only thing ms. Freeman were guilty of was performing their civic duty diligently, faithfully, legally. The republicanled georgia secretary of state office and the georgia grove investigation immediately refuted Rudy Giuliani is lie but the dam showed been done. From what the former president allies and the rightwing Media Chamber relentlessly slandered ms. Freeman and her daughter. They recede hundreds of threatening racist message and phone calls. Ms. Freeman was harassed and threatened in rome which she fled chile before january 6th after the fbi wonder that they could no longer protect her. Ms. Moss left her job at the Fulton County registration and Elections Department where she proudly served for nearly a decade, and just last week Court Documents indicate that ms. Freeman and ms. Mosk names written on a pad of paper labeled death list which was found in home of a member of the oath keepers who was charged with seditious conspiracy in connection with the january 6th attack. Ruby freeman and shame us are not alone. Despite administering with former presence of administration called quote the most secure election in american history, election workers struck the country of both Political Parties, both, have been forced to take extraordinary steps to protect themselves and their families. Many of these election workers have spent their own money installing elaborate Home Security systems. Others like when county clerk in colorado have begun to wear a bulletproof vest to work. Over the past several months when offices are from individual election workers who shared their stories of violent threats. Many of them have submitted statements for hearing. These threats are taking disastrous toll on our democracy. According to a recent survey roughly one in five Election Officials plan to leaving the job ahead of the next president ial election. This mass exodus coincide with the ongoing organized effort by big lie promoters to secure jobs in administering elections across our country. We saw it last night and republican primary in arizona. Our democracy cannot survive if we allow harassment and intimidation of Election Officials to become the new norm. As we look ahead to this years election, fewer than 100 days away, i hope we learn the lessons of last election. The former president plot to overturn the election wreak havoc on america. We saw that presently here in the capital on january 6, 2021. Public servants like ruby freeman and shaye moss are living with the consequences of this big lie every day of their lives. I look forward to learning more about the steps the Justice Department and cisa are taken to protect Election Officials in the months leading up to this election and hope every member of this committee will join in condemning the threats of those officials continue to face. Without i turn to Ranking Member grassi for his opening. Thank you, chairman durbin. Our hearing today, threats against election workers, threats of violence, are never acceptable, any threat of violence. Violence is a very major problem in America Today with the rate of Violent Crimes skyrocketing across the country. Not since the 1990s have we seen these levels of murder, assault, carjacking, robbery, attacks on police, and other Violent Crimes. The start of this Violent Crime wave began in 2020 as the police nationwide were pulled off of the streets. A study from the council of criminal justice showed that murders in major cities in 2021 were 44 more than in 2019. So far this year, major cities of baltimore, los angeles, philadelphia, washington, d. C. , atlanta and new york city are already worse than in 2021. The baseline is rising. Higher rates of Violent Crime are becoming the new norm. Some of the main causes of this rise in Violent Crime are antipolice record, depolicing efforts rhetoric progressive prosecution, bail reform, defund the police movements. We talk about the crisis faced by Law Enforcement officers last week in this very committee, in our hearing about attacks on police. This crisis in policing is happening at the same time that progressive prosecutors refused to hold violent criminals accountable for their crimes. Witness after witness in this committee has told us that bail reform helps to release violent criminals who then can go commit more crimes. We all heard about the horrible story that occurred in wisconsin when a man drove into the parade of people, killing six people and wounding many more. He was out on bail for a Violent Crime. He should never have been free, but a progressive prosecutor and lax laws allowed them to get out and kill all those people. Research is clear that a huge amount of Violent Crime in any city is committed by a very small number of repeat offenders. Just think, if police and prosecutors can focus on those offenders, they can improve the situation very significantly. But because of difficult at the state level in terms of understaffed police departments, progressive prosecutors who turn a blind eye to Violent Crime in state legislatures who often soften criminal laws and implement bail reform, state still dont seem to be solving this problem nor are they able and capable of doing it all alone. Federal support is necessary. Congress must create a Violent Crime as a top priority. For this reason last week i introduced combating violent and dangerous crime act. The bill contains commonsense proposals to reduce a spike in Violent Crime in the nation, proposals that would expand federal prosecution options for offenses like murder, carjackin carjacking, bank robbery and assault on police. All of my fellow republicans on this committee have cosponsored this bill, and i thank them for doing it. The department of justice should also be treating Violent Crime as a top priority. But thats not what we are seeing from this department of justice here in the summer of 2020 under the trump trump administration, the department of justice conducted operation legend which was targeted towards prosecuting violent criminals in places in america that had the worst rate Violent Crime. This effort was a supplement to the overstretched state and local Law Enforcement and Court Systems which simply could not deal with the surge in Violent Crimes that they were seeing. But whenever a question about Violent Crime comes up, the department of justice only wants to talk about in control, not punishing criminals who commit Violent Crime. I wrote a letter to the department of justice on february 14, 2022, two, to ask of the department to answer this misguided and politicized approach to Law Enforcement. Now we are here on the subject of this hearing. More than a year ago the department of justice formed a task force on threats to election workers. It appears that only four cases have been announced as a result of this task force effort. Now thats after more than eight years work, just four. And there have been no charges against the election workers. These prosecutions may be very worthy but the existence of a full Doj Task Force is confusing. Confusing. Compared to operation legend which resulted in about 1500 prosecutions for Crimes Involving drugs, guns and violence, all that in less than six months. In light of garlands past focus on intimidating parents who are concerned about school boards, i fear that there is a political element to the decision to focus on this area. This administration doesnt want to talk about the failed policies in democrat cities where crime is spiking up. But a Law Enforcement agency like the department of justice should not be participating in those sorts of politics. The department of justice is the highest Law Enforcement agency in america. It must focus its priorities on challenges facing America Today. That means addressing Violent Crime, if we can only reduce the homeless homicide numbers to where they were before the defund the police movement, we could save as many as 6000 lives per year because thats how much it has spiked up in the last two years. Yet, there is no murder surge task force, no task force for combating the 20 year high in police killings, no carjacking task force. Certainly no task force for the threats and arsons against Crisis Pregnancy Centers and churches in the wake of the dobbs decision. The department of justice is not choosing what to convene taskforces on by levels of violence. They are choosing a political message i believe, and that will have a real consequence on the safety and lives of Many Americans. I yield. Thank you, senator grassley. In the Current Congress this Judiciary Committee has held hearings on Law Enforcement officer safety, mass shootings, domestic terrorism, protecting children from gun violence, carjackings, hate crimes, reducing violence in chicago, violence against women, and more including multiple oversight hearings of Law Enforcement agencies. We have another oversight hearing tomorrow with the director of the fbi scheduled. This hearing is threats to election workers. We have two panels. The first panel we welcome the assistant attorney general kenneth polite, assistant attorney general polite is longtime federal prosecutor who oversees the Justice Departments criminal decision, including the Election Threats Task force. We also welcome kim wyman, senior Election Security advisor at cisa of the department of Homeland Security cybersecurity at Infrastructure Security Agency. Prior to cisa ms. Wyman a republican served for nearly a decade as washingtons elected secretary of state, so she certainly knows the seal very well. We welcome her. Im going to ask them both to be sworn in and then there will be given five minutes later Opening Statements and then a around a question from the senators up to five minute speech and then our second panel will of you r. If you would please stand. Raise your right hand. [witnesses were sworn in] let the record reflect both witness answered in the affirmative. After polite, going to allow you to start. Mr. Polite. Gemara, chairman durbin [inaudible] make sure your mic is on. Good morning chairman durbin, Ranking Member grassley, and members of the committee. Thank you for inviting me tonight the trend United States justice to appear before you today to discuss election threats. Again my name is kenneth polite and im the assistant attorney general of the departments middle division testified today on behalf of the department. The department of justice is committed to addressing threats to the state and local Election Community. The courageous and dedicated men and women who are responsible for administering the most fundamental aspect of our democracy, our elections, should not face threats for merely doing their jobs. These victims often volunteers are people from across our country and across the political spectrum. These are people we have sworn to protect. Through direct engagement with the Election Community, training of our federal, state and local Law Enforcement agents, Grant Funding for enhanced Election Security, and federal criminal investigation and prosecution of election related threats where appropriate. The department is working intently to prepare and protect our Election Officials and their staff as we approached the 2022 midterm elections. Last june the department launched Election Threats Task force to combat the sharp rise in reports of threats received by the Election Community during and following the 2020 election cycle. Comprised of the criminal provisions Public Integrity and computer crime and intellectual property sections, the Civil Rights Divisions, voting and criminal sections, at the National Security divisions counterterrorism section, as well as the fbis criminal investigative division, the department of Homeland Security is cybersecurity and Infrastructure Security Agency, and the u. S. Postal inspection service, the task force unites the foremost subject better experts across the government who have deep experience with election related issues. Over the past year the task force has proactively engage with Election Community are directly from Election Officials and workers regarding the types of threatening communications that they receive, the challenges such Communications Post to Election Administration, and their greatest concerns and needs with respect to combating physical threats. These conversations are critical to positioning the task force to effectively address threats to the Election Community and to identify and respond to trends in this area. In response to the expressed needs of the Election Community, the task force has shared information about the types of communications that elected officials and workers have reported nationwide, as shown as our screen dash on a screen today. The Legal Standards that applied and how determinations are made on whether to open an investigation as well as common investigative steps undertaken in these matters. The task force is also provided detailed guidance to the Election Community on best practices for memorializing threats, and reporting such communication to the fbi has encouraged broad reporting and has provided Contact Information for each of the 56 fbi election prime Cortney Hicks and field offices throughout the country. The task force is committed to reviewing and assessing all reported threatening and arising communications elected directed at the committee for federal prosecution is both appropriate and permissible. Although the vast majority of communications directed at election workers, offensive though they may be, what not constitute true threat subject to federal criminal prosecution due to the robust protections afforded to political speech by the First Amendment. We are committed to following the facts and the law. Political considerations, do not and should not play any role in any prosecutorial decision made by the department. Threats to the Election Community remain a National Public safety issue requiring a national response, regardless of politics. The trauma experienced in this community is profound and unprecedented. The department is committed to investigating and prosecuting violations of federal law against those who administer and safeguard our electoral system. I want to assure you that our attention to ensuring the safety and security of those in Election Community will not wayne. And through these collective efforts we hope to continue to mitigate and deter threats. We look forward to continuing this work as long as that threat persists. Thank you, mr. Chairman, Ranking Member grassley and members of the committee for this opportunity to discuss the ongoing work of the department i would be please to respond to your question. Thanks, general plea. Kim wyman, senior Election Security advisor at cisa and ten years at suggested washington, please. Chairman durbin chairman durbin, Ranking Member grassley and members of the committee, thank you for the opportunity to testify today on behalf of the cybersecurity at the infrase security agency, or cisa. Free and Fair Elections are the cornerstone oh, gosh. I get six was in before the video come. Im sorry. Are the cornerstone of american democracy. Over the course of nearly three decades i have the opportunity to work in election at the state and local level, and i strive to make sure that the principal was upheld. Prior to joining cisa i was blessed to have spent 30 years in Washington State elections, and i began in the early 1990s. My biggest fear was crying in front of the senate Judiciary Committee. By the way, i just have to start there. When i was appointed Thurston County election director and i learned elections from the ground up. In 2001, i was appointed and elected as Thurston County auditor which allowed me to make policies that improved Elections Administration and Voter Registration, and in 2012 i was elected as washingtons secretary of state, the second woman to serve in that capacity. And in that capacity i serve for about a decade and i was able to leave in november to become the senior Election Security advisor at cisa overseeing over 150 elections and serving as chief Election Officer at both state and local levels has enabled me to understand the roles and responsibilities of Election Officials and witness firsthand the challenges they face. This experience has prepared me to help shape cisa services and resources make them more impactful for Election Officials and voters across the country and make our democracy more resilient. My written statement provides more detailed information about cisa and our mission but i want to start my remarks today by providing a basic overview of how we support the Election Community. Our mission at cisa to ensure the security and resilience of the nations Critical Infrastructure here in january 2017 the department of Homeland Security designated election infrastructure as Critical Infrastructure which allow department of Homeland Security to prioritize federal assistance to the election subsector. Sixes mission is to ensure that state of Election Officials and private sector part of happiness through information and tools to successfully manage risks and build resiliency in the nations election infrastructure. Our support to the Election Community is bolstered by the work of our federal partners in the Intelligence Community, and federal Law Enforcement and other agencies like the u. S. Elections Assistance Commission and the u. S. Postal service. Collectively, we have brought incredible resources to bear to support state and local Election Officials and take a a whole f government approach to Election Security. As we approach the 2022 midterms we at cisa have identified five main priorities. First, cisa remains committed to sharing actionable information with Election Officials about threats and risk to election infrastructure alongside our Intelligence Community and federal Law Enforcement partners. Second, we are providing guidance, services, and expertise to Election Officials secure Voter Registration systems and information. Third, we are redoubling our efforts to promote cyber hygiene practices. Specifically focus on smaller and midsized jurisdictions around the country that oftentimes have difficulty making cybersecurity investments but which are so critical to the election ecosystem. Fourth, if cisa expanding efforts in building up americas resilience against foreign influence campaigns, that threat election infrastructure, security and seek to undermine Public Confidence in our elections. Finally, in partnership with the department of justice and the broader National Security and Law Enforcement community, we are expanding services and resources that help keep Election Officials and their voters safe. From our nocost services, Incident Response coronation, training and exercise packages and broader information sharing, its my hope we can continue to provide meaningful assistance to our state and local election parties to prepare them for this future election cycles. The publics confidence in their election and the faith they placed in our Democratic Institutions rests upon the ability to conduct free and Fair Elections. At cisa ensuring that you could ever election infrastructure is of the highest priority. We shall remain transparent and agile and are vigorous efforts to address new and evolving threats. I thank you for this opportunity to testify today, and i look forward to your question. Thank you, ms. Wyman and mr. Polite. I will start with ms. Wyman. Ive been probably miss announcing a name, but lori thats great. The director of Washington State elections, great. What she was, yes. She was. Following the 2020 election, the female and home addresses of lori were published on a website called enemies of the people, along with a photo of her face in crosshairs. The website which typified the former president s stolen election claims with subsequent link to iran. Ms. Wyman i know that she is your former colleague. Sorry she experienced these threats how big a problem is a boxing, which is a general category i just described, and what is suspected in to help did a local Election Officials guard against release other online . Doxxing is a problem and it is across the Election Community. I apologize, senator, are getting emotional. Thank you. It was unnerving as you can tell, when was put out thats part of why i join cisa, to be honest, is to provide state and local Election Officials with resources that they dont have in terms of doxxing, we are working with the department of justice and Law Enforcement partners certainly to get Election Officials to report incidents like getting their personal information put out on the internet and mainly building, try to build the resilience helping Election Officials to have planned and be mindful of what they have out on the internet. Its hard enough to get people to work on election day, isnt pgh yes. I found finding precinct 54 in springfield, illinois, to sit there for 12 12 hours maybe,r longer, and get paid a decent sum of money but certainly not a ransom or a reward for the effort. And now to have these kinds of threats against people and even threats that endanger their lives. Its got to be even more difficult to recruit people, is it not . I am hearing for my colleagues across the country after having difficulty fight election workers, yes. So mr. Polite back to your testimony for a minute. You talked about the number of cases being prosecuted. Senator grassley did as well. I was told by. Senator grassley referred to four. You have said how difficult it is to really make a case even when they have the evidence we described this way. Tell me the dilemma we face here. People dont want to work supervising elections and follow the law if theyre going to be harassed and intimidated i dont want them to be harassed and intimidated but it is happening. So what is your task force doing about it . First of all let me just say i certainly show the department, shares the concerns related to the Election Community that have been raised in the video from ms. Freeman in particular. Its very powerful testimony. The number of cases of the task force is charged to date is five. In addition there been a number of state prosecutions, i believe the number is three at the state level. What i can tell you is that the task force over the last year has been committed and, in fact, has conducted a review of every referral of a harassing and offensive communication that members have received. That number is over 1000. And as i mentioned in my opening comments, senator, the overwhelming majority of those communications, although based are certainly harassing, they are certainly disturbing pic in many cases the overwhelming majority of cases will not satisfy the Legal Standard that the First Amendment provides for proving a true threat. That is, a serious threat of unlawful violence. What about doxxing . Is there anything youre considering that will protect people like this Washington State director of elections from this kind of harassment and intimidation online . Certainly, senator, and again part of this work of the task force is certainly leaning and enforcement as a tool but it cannot be the only tool that were utilizing biggest part of the reason why we have lifted up potential Grant Funding for election kinard officials to provide security as necessary. Doxxing as you said is certainly a very serious issue, and one of the aspects of the task forces work is in addition to that assessment of each case for potential criminal prosecution and is also assessed for whether there is an imminent threat of physical violence. Let me ask you before you go for the adages have 15 seconds, when we do a survey on Election Officials most of them dont know you exist. What kind of communication are you sending out that might alert them to a possibility that you are there if needed . This has been a tremendous amount of outreach to the Election Committee, senator, just recently as recent as money i was on a video call with over six and a members of the election is the third such outreach ident. The task force itself has been involved in outreach to conferences and state and local prosecutors, state and local Law Enforcement, members of Election Community such as National Associations and effect i will be speaking at the National Association of Election Officials annual conference at the end of this year, end of this month im going to close my questioning by saying that senator grassley has raised an important question, more important things you can focus on, but if you can lose the integrity of our election system that is so fundamental to our democracy, you know, i dont know if we have a senate Judiciary Committee when it is all said and done. Weve got to look at the basics, and the basics a protect your democracy and protect the people of by and large are not making a fortune but volunteering their time to make this election process work. And for them to be intimidated to the point where the drop out of the picture or god forbid, there are some results that dont reflect reality, that to me is an amount of our democracy. I thank you both. Senator grassley. I am going to take off from where the chairman just left off with the point of view that a think is very important, that when we have violence against Election Officials, its probably pretty closely tied to a lot of problems we have within our society, including what youve heard most in my Opening Statement about the rise in crime and what we are doing about it, and doing enough about it. Now, i have a big long lead into my first question that in going to summarize because you heard a lot of what i would be repeating now in my Opening Statement, but in that Opening Statement i referred to operations legend, project safe neighborhoods. Now one of the website of the department of justice said in regard to project safe neighborhood, the fundamental goal of this work is not to increase the number of arrests or prosecutions, as if they were an end to themselves. I think we have seen what the change in philosophy of prosecutions of letting people out have done. So it is very important to combat election violence, but why is it not just as important as my first question, to create a task force dedicated to leverage federal resources against historic murder rates . Mr. Polite. Senator, i welcome this question, so thank you very much for raising it. My decision to become a prosecutor in the very first place was motivated to fight Violent Crime, like many of us i have a family at us over the loss of a loved one due to Violent Crime. My father and brother are both Law Enforcement so a lot of the issues you are raising a very personal to me. We have a lot of prosecutorial elites within the department of justice and within the Criminal Division. Violent crime is at the very top of that. Today were here to talk about one category Violent Crime, but when we talk about Violent Crime that we are seeing in our streets and across our country, that remains at the top of the Department Priorities as well. But not as top as create a task force for like there is crying against Election Officials evidently. Senator, respectfully i would disagree with that. There have been a number of strikeforce is that a been established and announced by attorney general garland in some of the cities across this country that is reflected the highest rates of increases of Violent Crime. That is in partnership with atf. That is focus on deterring and addressing Violent Crime that is being perpetrated by the most culpable individuals in those respective jurisdictions. Let me follow on where you just left off. Attorney general garland made statements to this committee indicating that the department of justice had formed a task force on, quote, safety of federal prosecutors, Law Enforcement agencies, judges, members of congress, end of quote, back in march of 2021. Its not mentioned in any public facing statement by the department of justice, and neither my staff nor the Congressional Research service has been able to confirm that they exist. Does this task force exist and will the department or will the department create a dedicated task force to leverage federal resources to combat the murder of Police Officers . And if the task force does exist, where do we find that information . Senator, thank you very much for the question. I can certainly get more details to you related to the task force itself. What i can tell you though is the impetus behind that task force, protecting our Law Enforcement personnel across this country remains a high priority for me, for the division and for all the department. It is not limited to just the work of some particular task force. It is, in fact, the work of the entire department and a u. S. Attorneys and Law Enforcement partners on a daytoday basis. So far the department has been unwilling to prosecute those who intimidate Supreme Court justices in their homes, even if the federal statute forbids this behavior. Will you change course and prosecute those who intimidated the justices . Senator, again, another example of a very high priority, another example of violence in our community addressed against anyone regardless of their title or status remains a priority for the department. Just recently the district of marylands u. S. Attorneys office in fact, charged one of the individuals that was involved in unlawful, serious, threatening conduct at the home of one of our Supreme Court justices here in addition our attorney general has met with Law Enforcement, federal Law Enforcement and, in fact, charged the u. S. Marshals with providing additional security for all of our Supreme Court justices. Can i ask one more question, the last one, and more directed towards the syrian . What resources in terms of agencies supporting number staff and funding have been directed to the Elections Threat Task force as a result of this use of scarce federal resources . How many individuals have been prosecuted for acts of physical violence against Election Officials . Thank you very much for the question, senator, we have charge five cases as part of the task force as to any ongoing investigations i cant comment as to the existence or nonexistence of additional investigations. Did that involve violence, criminal violence against the people . Those five cases all involved serious threats of unlawful violence. Senator feinstein. Thanks very much, mr. Chairman. In my home state of california, i didnt believe this but election workers in Shasta County have reported increased threats to their safety and wellbeing. They received threats that have alluded to the lynching or shooting of election workers. And on election day i discovered that a camera had been planted near the Election Office to monitor the movements of election workers traveling to and from the office they discovered polluting at risk important personal information like the type of car they drive and their license plate number. So i would like to ask assistant attorney general polite, how have the department how has the Justice Department and the Election Threats Task force coordinated with the states to protect Election Officials in both ongoing primary elections and the general election later this year . Thank you, very much for the question, senator. As you have highlighted through your question, coordination with the state and local partners is absolutely vital. Oftentimes we still see that the communications from members of the public and members of the Election Community first go not to federal officials but to the state and local officials, those that they have worked with and have established relationships with. Our outreach to the state and local officials as a result has been quite robust. It has included training for a number of those individuals on how to best report as quickly as possible those communications up to our task force so that they can be assessed for both physical threats as well as for potential prosecution. So you are taking this seriously as a real concern, and hopefully can keep us advised of your progress. Absolutely, senator. Thank you very much. Thanks, mr. Chairman. Senator tillis. Thank you, mr. Chairman. And thank you both for being here. We, several months ago, convened a Bipartisan Working Group we need to do on election law suit. We have one that is on the electoral count act. Another one that is referred to as enhanced Election Security protection act as something that i think is necessary for us to increase penalties for people. I think in your case a task force reviewed about 1000 cases per i think there were about 11 , 100 or so that were above the threshold that you could potentially seek prosecution. Mr. Polite, do you think it is important for us to up the ante in terms of the penalties for people who are ultimately found guilty . Thank you, senator and you are correct related to the statistics that you cited earlier. I am familiar with some of the legislative proposals that you referenced. I think he needs leverage that we can gain in terms of increasing the potential deterrence value of charges of Enforcement Actions here is absolutely critical, and so i certainly look forward to working with you and this committee. Mr. Polite, i think would be very helpful since were now introduce the legislation, the would be very helpful to get an official position from the doj on exactly whether or not we have gotten it right or there are other things as we work through the process that we should take a look at, and would appreciate that the expert i will commit to that. Ms. Wyman thank you for being here. And for your service. I dont necessarily think that the challenges we have here know any ideology. I think there are people across the line on both sides, at either end of the political spectrum. In your experience would you agree with that based on your experience, would you agree with that . Generally, yes, sir. I have been a victim of doxxing. Been a victim of Death Threats. As a matter fact i just got one over the last week. Actually he was so intent he called up twice and said he was going to kill me. This is just unacceptable behavior. But election workers i think that we have to do more. So what specifically is cisa doing i had one question as how many come can give me an idea can we talked about the cases that the department of justice and task force looking at. Can you talking about how many cases you have been called on to assist with election workers who have been victims of harassment . How many cases cisa has been called on . Im not aware of that, that we are a part of that. Okay. What sorts of resources are you able to provide . Well, we have cybersecurity and physical protected security advisers out throughout the country as part of cisa, and they are working directly with state and local Election Officials to help them not only harden their cybersecurity defenses like really focus on the physical security of the Election Offices, their polling locations, ballot storage facility. And so we are working to give them resources like physical security assessment that are protected security advisers can come onsite, walk to an Election Office and give them ideas of ways they can make it more secure. We have guidance documents like Insider Threat documents and guidance, and physical security checklist. Really help them proactively think of where the bowl abilities might be and how they can mitigate them. Mr. Polite, can you give me an idea of the 11 of well, actually any of those been brought to trial . Now none have been broughto trial, senator, one is led to a conviction to date. One has led to a conviction. The others remain open. Open. You mentioned that you have the challenge of, where it is just mean but free speech, which is probably what, 89 or 89 of 9 of the cases were. But can you give me a characterization of some of the cases that you may ultimately bring to trial of the 100 or so . Certainly, senator, i i wee that and again these are very disturbing types of threats that were made. For example, when we talk about the georgia case against defendant chad start, this was a craigslist posts targeting several georgia officials and local Law Enforcement where he said that he was threatening to in the lives of these traders and take back our country by force, threatened to exterminate these people, and he threatened to put a bullet behind their ears pick up again this is a case that involved victims from across the whole of the spectrum. Sounds like is a colleague of the when you left me two voicemail threats over the last week or so. I hope they all get convicted and served time. And i hope that we passed the Election Security protection act so we can double the damage. Thank you for your testimony. Senator whitehouse. Thank you, chairman coffman. Thank you both for being here. Mr. Polite, web going to hear testimony in the next panel from michigan secretary of state that adequate unprecedented wave of continuous unrelenting harassment and threats and encoding again, that the threats are a direct extension of the efforts to spread false information about the security and accuracy of our elections. We are going to hear i know from the pretrial adjustment from the secretary of state of new mexico that the conspiracies about our voting in election system have ripped a a certain portion ofe electorate and have caused people to take action. And were going to from the executive director of the Colorado County clerks association, the deeply held belief among some that are election is not secure nor i could has manifested itself as harassment and outright threats on lives. How does doj see the linkage between the delivered campaign of lies about the recent election . And violence and threats against election workers . Thank you, senator. Again our focus is on serious threats of unlawful violence. We are sworn to protect our First Amendment rights of our communities, and so political speech is not our focus at all. It is when of these threats constitute serious threats of violence. That becomes the focus of the work of the Election Threats Task force. False and fraudulent speech ordinarily subject to legal consequences, whether civil or criminal . They could potentially, senator, but again the focus of the task force itself is on serious threats of unlawful violence. Indeed a campaign of lies by the Tobacco Industry was put to an end by the department of justice in a civil proceeding years ago, was it not . I believe your recollection is correct, senator. That prosecution or that civil case was successful. The department of justice one. That successful judgment was upheld by the district, sorry, United States court of appeals for the District Of Columbia and the United States Supreme Court denied cert. There was nothing unconstitutional about the departments action against that campaign of lies, was there . Senator, i take your question to highlight the fact that there are a number of potential tools that we should be bringing to bear to address these types of communications, the series threats of unlawful violence in our communities. What if there were a plan to propagate a fraudulent lie for the purpose of inciting threats to the larger end of compromising americas Election Integrity . With that pattern of facts be beyond the reach of the United States department of justice . Senator, i cannot speak to the existence of any potential investigation. Its tough for me to the speed is not asking you to get on asking you basically a legal question, which is if you had a plan that was designed to propagate a fraudulent lie, that had the intention of inciting threats against Election Officials so as to interfere with the sanctity of american elections, as a matter of law would that be beyond the reach of the department of justice . Senator, we would certainly take that type of an allegation very seriously. Its a hypothetical but i can tell you in that circumstance, as we do with all our cases, we would follow the facts and the law as appropriate. We draft laws here, and this is the Judiciary Committee. So if there is a gap of some kind in american law that would prevent us from defending our elections in that way, from defending our election workers in that way, and for defendant against persistent and deliberate fraud in that way, i would ask you to bring that gap to our attention. Certainly senator, i certainly look forward to working with you on those potential proposals, including gaps in terms of resources related to providing Security Resources for the election commuting. Because if there is a plan, its a slightly different thing than if it is just random speech, isnt it . Upland conspiracy certainly would be different from the substantive underlying conduct, yes, that is correct. Senator blackburn. Thank you, mr. Chairman, and thank you all for being with us. And i think the chairman is right when he says there is no place for violence in our society, and that is the point that we can all agree on, and we should agree on that. Ms. Wyman, it sounds like that you all are putting a tremendous amount of your resources in developing to train, provide guidance, to do assessments for Election Commissions, is that correct . That is correct. And do you have a dollar amount on that line item . Im sorry . Dollar amount. On the total budget i do not know. I can tell you that the Election Security Resiliency Team that it work with has 13. 2 million budget in the president budget. Okay. I would love to have that number that your spending without local training i think that would be interesting to see. Back back in the 80s when ms were little, i served on an Election Commission and always sounded very insightful to be on my counties Election Commission. Mr. Polite, looking at all these resources that are being put into Election Security, i would be interested to see what the Criminal Division is doing to help train Law Enforcement on how to deal with the violations that weve seen against Supreme Court justices, and what you all are doing there. I found it very interesting with tracking general garlands taskforces that there does not seem to be one that deals with these groups like james revanche, that i got after the justices at their homes. And that is a violation of federal law. And they should be held to account for that, but that doesnt seem to be on the priority list. And and i also have not seen y kind of work from the Criminal Division, that they are going after many of these same groups who have chosen to attack Crisis Pregnancy Centers or churches. And i think there have been 82 Violent Attacks against Crisis Pregnancy Centers and churches since roe v. Wade. That decision in the dobbs case. Am i missing something . Have you all stood one up and adjust that made it public . Or is this not a priority . Senator, thank you again for the question. The fact of the matter is it doesnt require a task force us to be, for these types of cases to be priorities for us. What i i can tell you as i mentioned previously is that very recently one of our u. S. Attorneys offices in maryland, in fact, charged the defendant with unlawful conduct at the home of one of our Supreme Court justices. I know that our attorney general cares deeply about the security of us all, particularly those who are in Public Service like a soap and our Supreme Court justices. Its part of the reason why he has leaned in with all of our Law Enforcement and i heard you say that earlier. It is just, we look at the taskforces that are there. So then what we have to do is say, why is the lack of attention on some of these recent attacks against justices, these recent attacks against Crisis Pregnancy Centers and churches, why is that not something that you all talk about is a priority for your division . It seems as if theres one set that you are prioritizing, and there is another set that you are saying is not of equal importance. And if you dont treat them equally, if you dont, if youve got a task force for one but not another, then the perception is that these crimes against the churches and the Crisis Pregnancy Centers, that these are not important to you. We look at what is happening with the drugs in our communities. Are you all putting resources into training local Law Enforcement about how to deal with these drug cartels . In tennessee, i was speaking with some of our sheriffs last week. I was in seven different counties on friday. One of their main issues is that open seven border and the fentanyl that is making it to the streets. They cant believe that southern border dojs knows these cartels a set of hubs on u. S. Soil, and they are running these drugs, they are running these gangs, they are running these sex trafficking that is abusing women and children, but they dont go after those. So i would just ask you to please take back equal treatment and recognition, what is happening to our justices . What is happening to our life centers, our churches, are Crisis Pregnancy Centers . What is happening in our communities with the impact of drugs . That affects people every single day, and it is equally important and deserves the attention of doj and the ag. Thank you, mr. Chairman. Senator, cut i just briefly respond . Senator, again, all of the types of matters that you raise are high priorities, not just for the Criminal Division but for Civil Rights Division and are civil divisions particularly on the issue of Cartel Activity in the state of tennessee. I can tell you that the Criminal Divisions organized crime and gain section has been quite active with all of the u. S. Attorneys offices in prosecuting and convicting very serious offenders that are members of organized crime organizations in your state. Senator hirono. Ms. Wyman, i agree with you that free and Fair Elections are the hallmark of american democracy, so i think the chairman for focusing todays hearing on elections integrity. In fact, we have had a primary election in state and a note there are already some winners in the primaries who are saying that if they dont win the general election it will be because the election has been rigged. Bringing to the light, ed this chart that i have, this is from you. Does this represent the referrals that come to the doj relating to the threat against the workers. Senator, thank you for the question, the table that you have in front of you was produced in response to the request for Additional Data by the Election Community and it reflects some details related to the types of workers that have been targeted by some of these communications be state or local or vendors and the other table here reflects the mode in which those communications were actually transmitted and you can see the person their. So it does not tell us what kinds of threats have been sent to these workers. The types of threats. Im sorry, the number, it doesnt tells what the number is of the kinds of threats. Yes center, it doesnt reflect that but i can share with you again is that we have received over 1000 referrals of harassing offensive communication in each and every one of those referrals has been reviewed by the task force or potential prosecution. We have thousands and thousands of election verse all throughout the country, and yes, there has been a rise in all kinds of verbal email threats against our election workers and so the thousand referral sounds like a very small number and whats up for that doj wins it take for them to get a referral. Senator, the typical test when referral is tumor ways, line weve had robust outreach for the Election Community itself in providing the Contact Information for both the fbi, as well as for the u. S. Attorneys offices and their respective jurisdictions and individuals can make those referrals directly there and in addition, when they have directed those referrals to the state or local Law Enforcement, we have outreach and we have trained with the state and local Law Enforcement partners they should promptly refer this communications to the fbi for evaluations. With a point of making this work time, but the time to get to the fbi or to the doj you pretty much have to pretty serious threats doesnt it is so doesnt account for all the kind of harassing phone calls, and on the street etc. , those kinds of incidents youve not result in referrals to the fbi or doj come i would think not. It fair point senator, what i can tell you like in an area of criminal investigation, under reporting is always a concern that what we have tried to do is to encourage the Election Community to come forward with any type of harassing or offensive communication, regardless of what they evaluated. I thank you so very important because when i worked on the covid19 contact, i made a really clear that what we bought reported is not just the crimes, but has to be hate incidents in the probably are a lot of incidents that are to be reported so that we have a pretty good are much more accurate sense of what kinds of environments are election workers working in was mentioned theres a whole of government effort required for security, some as part of that provide information to the public that harassing election workers is not okay is a part of foot you see is a mission for what you do. Thank you for the question senator, we really focus on managing risk and giving guidance to Election Officials so certainly, these are conversations we are having across the country with local and state officials and making them aware of the task force and how to report incidents to Law Enforcement. I do have one specific question for ms. Lyman and you know in your testimony, the 92 percent of all ballots are cast on paper, and you think its very important for all states to have paper ballots. Issue guidance, i think its a good security measure and technology. Thank you. Thank you senator and now senator lee. Thank you mr. Chairman i think you for being here to answer our questions and written testimony coming your reference melting and persistent threats and the safety of Election Officials and workers across the country, and you describe visibly as the justification for the creation of Election Threats Task force just over a year ago and he also explained that the vast majority of the employees are not crimes because of what you described as robust protections the First Amendment and this is in fact the way our system operates new things of people say that people may or may not like are usually protected if their speaking words and those words themselves dont amount to throw through the criminal duct may be First Amendment are protected by the First Amendment and you also described the fact it appears from your briefing, since the inception of the task force, got in about 1000 points, is that right. That is correct. 1000 complaints and as i understand it, just over 100 those so about one in ten of those that were deemed worthy of investigation is that also correct. That is correct and of those 100 out of the thousands that have been investigated how many of those have been prosecuted by your office. Today, we have prosecuted five defendants. Five defendants and of those five defendants, one as i understand it was a prosecution that is begun previously were outside of the scope of the task force, is that also accurate. I believe you may be referring to the michigan charge which was the first one charge by the department. That is correct. So you have five prosecuted out of 1000 the place and hundred investigated and what efforts are being made to ensure that your investigations are not having an undue effect on the chilling of the first to amendment protected activity. And thank you senator, had again, we certainly embrace the scope of our First Amendment protections in a political speech as you work outlining earlier, part of the reason why the work of the task force has been so significant pence involved are reviewing each and every one of those communications to see if it actually satisfied the very high bar by our courts for the constitutional parameters. Make a lot of sense and of those prosecutions the five you mentioned how many of those involved actual physical acts of violence and contact was made as opposed to threatening language to make of those five, all involved serious threats of unlawful violence whom it was a one that had involve physical contact somebody it actually use force or all five of them threats of physical violence. All threats senator. And of those prosecutions, how many of them could have been brought under state law and i assume from those that i read through, i read through the readings of each of those as you submitted in your written testimony and it appears to be the each one of those probably involve multiple violations of law is on the involve multiple violations of federal law you mentioned each of the probably wouldve amounted to a violation was state laws effort to cite. It is quite possible, is not uncommon but theres often times conduct that could be prosecuted in federal or state jurisdictions. So and going through this, basically, i wonder what exactly amounts to persistent frets that the department felt compelled to create a task force specifically for this where in here you have 1000 complaints and 100 worthy of investigation and five worthy of prosecutions, and when especially it appeared to me on the face of it, that each of those cases would not also have been things that couldve and wouldve been prosecuted under state law and the absent of federal action probably is was things that wouldve been prosecuted and normal course of business at the federal level inappropriate cases so it makes me wonder whether the task force is necessary into other things in the concern here is not that they are doing this task force, if the concern is whether the task force could take other priorities for other crimes and has a department of justice created a task force example and unprovoked attacks on Police Officers. Again, senator, i think that the fact that the Election Threats Task force exists, part of it is fundamental role is coordination with state and local Law Enforcement officials in a number of those cases have also been charged by states jurisdiction as well. I understand i do worry about that, we had 25 unprovoked attacks on Law Enforcement officers in 2021 up from just two, the year before. 133 hamlisch attacks on police. For attack relative to the Previous Year which 16 officers were shot in these attacks and as far as federal crimes under section 1507 come of title 18, u. S. Code and federal law prohibits getting operating outside of the court or judges residence with the intent of and interfering with his obstructing or impeding the administration of justice were with the intent of influence in a judge or juror witness or Court Officer in the protesters outside the justices homes, may 2nd leg of the draft opinion in the dobbs case, have not been shy about their intent to intimidate and otherwise influence the Supreme Court justices vertically those listed of those believed to be elected and drop majority opinion was leaked to. To my knowledge of a single charge has been brought under 1507 you mentioned in your testimony the United States versus Caitlin Jones which i created in front of a disturbing case that needed to be prosecuted. Are you aware of similarly discussing and also much more persistent attacks on just as kavanaghs wife and children what about similar threats against Justice Barrett and her children and all of this to say nothing of the fact that we had an assassination attempt on Justice Kavanaughs wife. We should not have to have an ounce at an assassination attempt to understand this meanwhile you have groups like ruth census and james who were openly publishing the addresses of these justices in some cases, apparently disturbing information about the children, they go to school, is only in threats and attacks on them and my point here is that i hope within the department that you are being there i would ask within the department that you are looking out for how many of those cases are being investigated and prosecuted if you have a task force for this, this product to, the task force receiving 1000 points, 100 investigations involving and resulting in five prosecutions of i would hope that you would have a few to look at violations of this section 1507. Senator if i may respond very quickly. The prioritization of the threats against anyone vertically those who are in Public Service, is absolutely vital for us and what i can tell you is that our attorney general has announced Additional Resources for commercial service in order to protect the Supreme Court justices in addition very recently that district of maryland charges for unlawful conduct and is being contacted and for the home of one of the Supreme Court justices and so we dont operate shortly through taskforces in terms of the priority of our division or our department. Senator. Thank you mr. Chairman and i want to begin and thank you kenneth polite for your testimony noting that how we can persuasive i i find the organizing offer today to try to muddy the waters or suggest that from a federal government the department of justice the protection of electoral processes as additions and workers, is not a Vital Mission and core. An essential to the democracy is absolutely worthy of highlevel attention from the department in the department of justice mr. Chairman, how does the ability to protect the federal judiciary into protect high level officials to go after organized crime and Violent Crime and to coordinate the robust protections of our nations electoral process and find it necessary having hard this commentary from our colleagues today, to remind my colleagues of what happened in georgia. Limits Donald Trumps endless barrage of lies, some of them amplified by members of the under this body, as he sought to hold onto power by any means necessary and republicans Election Officials in georgia, or morning that it constituted a threat to the lives of election workers, the House Committee heard a couple of weeks ago from two election workers in georgia who describe threats of lynchings that they received for doing their jobs to carry out free and Fair Elections in this country. I am astounded mr. Chairman, that her colleagues on the senate Judiciary Committee have decided with the opportunity to hear from two senior officials about what they are doing to protect the integrity of our election processes are instead diminishing the threat suggesting that this is not appropriate use of federal resources. Now with that said i would like to ask you mr. Kenneth polite, about what specific steps you are taking to ensure that the facilities and personnel who will be administering elections in my state of georgia and of the states across the country where theres been an elevated level of threats, yes the election workers and facilities to ensure that these midterms are carried out in a way that ensures the will of the American People is manifest no matter whether that will favors one party or the other at the ballot box without violence or threats of violence disrupting the process. Thank you senator and i am mindful that one of the charges cases for us on that in relation product in your state of georgia against defendant chad stark and i decided earlier the very disturbing trust made by the defendant against a number of Election Officials the span the political spectrum in your state including language such as, threatened to put a bullet behind the ears of a number of these officials and what i can tell you is that Election Threats Task force is taking this product very seriously and our outreach to the Election Officials community, has been extensive and has been robust and is been ongoing and will continue to be amplified and i myself, will be conducting additional outreach directly to the National Association of Election Officials at the very end of this month. What we have lifted up to them are asked practices related to health to best memorialize the threats they receive and how to best to report those threats going forward, in addition we have lifted up Additional Resources that are available to them helping americans vote act dollars that can be used to help protect Election Officials and their staff and their facilities as we prepare for the next election cycle. Thank you and i introduced last year from the election over and polling place protection act to strengthen the laws the protective facilities and personnel critical to free and Fair Elections in the United States and can you comment on the imports from your perspective ensuring that not just those personnel who are working couples either voluntary basis but that also the facilities and that includes from your perspective, the software and hardware and Digital Infrastructure and that the facilities are protected from threats of physical violence, hacking and someone and can you please brief me kenneth polite and then enclosing. All significant priorities senator and again im familiar with the proposed legislation forward to working with you on that. And senator thank you for the question and that is exactly when the work that we are doing with the Election Officials across the country is cupping them with guidance and tools to not only secure their Cyber Infrastructure but to protect the security advisers income onsite come up through facilities to make sure they are secure and loss plans in place and so that they know how to respond if there is a threat of violence or something at a polling location or an Election Office and then really just doing that hes targeting local Election Officials that are medium and small sized jurisdictions do have Incident Response plan so they can have phone numbers handy contact at the desk of each Staff Members that were working very hard to prepare them for the Upcoming Elections think you both and thank you mr. Chairman. Senator move up to my think you mr. Chairman, your chart reflects the threat to election workers comes from social media, 26 percent here. And the Brennan Center actually has reported it at 95 percent of Election Officials blame social media catherine allowing their platforms to peddle outright lies in conspiracy theories noted under other present threats, nearly two and three Election Officials say is false information make their jobs more dangerous and first let me thank you both for your excellent work on this issue in your dedication of protecting those election workers and then to ask you how severe you regard the threats posed by this misinformation and mall information and others on social media and what can be done about whod. Thank you senator is a chart reflects social media platforms have been a significant method of communication of transmitting these types of communications as part of the reason why the task force in addition to its outreach to the Election Community, as well as our state and local bar enforcement partners has included outreach to number the social media operators for their assistance and for their support these are the types of cases that cannot be done in isolation we also need the assistance of those social media platforms quite frequently in detecting and reporting Communications Going forward. Ms. Kim wyman. Yes we have a really Risk Management based approaches are what we try to do is first build resilience within the American Public, making him aware the malign actors use mall information to try to undermine peoples confidence in our elections and to try to put americas against each other and so if it this quarter we create products that try to illustrate how does tools are using as americans and we also with our state and local partners to create resources to give Election Officials place to mitigate that. You think social media is doing enough on his own to stop the misuse of his platform. And again we work with them to manage risk and make them aware of what we are saying in the Election Community and the social Media Companies use their own rules in terms of service to mitigate. We have huge resources and are they doing enough. I dont know theres ever going to be enough that we can do. I have been in this profession for 30 or years and ive never seen this level of feedback if you will about an election this far after an election that is targeting Election Officials in a way that has been since 2020 and so im not sure that there is enough that anybody can do. I agree with my colleagues senator, there is more to be done by all of us frankly including the number of those social media platforms and assisting us in detecting and ultimately transmitting these types of very threatening and disturbing communications to the Law Enforcement as quickly as possible. I know your reluctance pass judgment on social Media Companies for the part of encouragement they need is for Public Officials to speak up and urge them to do more and clearly, as you observe there is more they can and should do the resources, the accepts, the knowledge, and the power to do more and the American Public including Law Enforcement people like yourself, urging them to do more and demanding them to do more and i thank you so part of the solution. I would perhaps encourage you to be in the department of justice also to be more robust and what you are requesting of them. Thank you senator, and again we have had significant outreach very direct conversations with a number of those companies in my commitment to you is that outreach and a level of communication will continue to be a priority for the task force. Thank you. Thank you. Thank you mr. Chair, then we began by echoing some of the comments made a few minutes ago by sen. Jon ossoff and just to discuss that some of our colleagues including of members of this committee and her efforts to minimize the outright dismissal of the significance of the magnitude of the threats to our democracy that we are discussing here today but in the spirit of the second part of the sen. Jon ossoffs message to make sure were maximizing the time and talents of the witnesses before us and proceeding to my question, two areas really want to get to his first middle of the verses in an era where election workers rightfully fear that they are increased threat from election deniers and others who may wish them harm, is critical that the federal government demonstrates that it stands ready to respond to the Election Committee concerns and doing that as you heard from others adequate allocation of resources to the problem. I know when i was serving as secretary to the state of california, one of the things it became a normal practice was going around to the different senators and is more than one or two in that big state to make sure that is not just federal agencies and state agencies that according 80 but across state agencies and federal agencies in my question specific to u. S. Attorneys office, and them across the country, and the fbi field offices, sir special agents sign specifically to the task of responding to coordinating a response to concerns raised about election threats. Yes sinner, this is not an issue or problem we can solve exclusively from washington dc and it requires coronation the state and local officials and it certainly requires coronation with each of our u. S. Attorneys offices are fbi fields and field offices and what we have in each u. S. Attorneys office, is what is called the district officer, a train specialize prosecutor on these types of election related crimes and then in each of the 56 fbi field offices there is also an election crimes coordinator in a specialized agent focused on these types of offenses. That is great to hear, and for the public, spray for the public to hear. And as a followup to that question, whether its in each of these offices, or each of the task forces, national or local, are the individuals involved specifically assigned to this election threat related work or are they taking this election threat related work in addition to other duties and responsibilities. It is often times i would say an overwhelming majority of these cases on these u. S. Attorney offices have additional or officials have additional collateral response abilities with the office and it focuses on election related crimes broadly defined so they are members of the Election Threats Task force but a new related election offense that may come forward refer to the u. S. Attorneys office for investigation or prosecution, those u. S. Attorneys are often times involved as well. Thank you, ms. Kim wyman, good to see you again. He was well. A previously shared the california secretary of state and therefore, california Election Officer, and i along with you, that was a pretty clever critical partner and helping us have a successful process, more californians participating in 2020, than in any election previously ended so safely. When i went to cast a ballot thats what i really hope this sort of collaboration between the state and local election park nurses continuing to do pretty manager youve benefited with your washington secretary of statement how you are on the other side of the table and so can you describe from this levef investigation with the state and local officials including the id responding to election threats and if there is any failure to collaboration that this committee and congress can help address. Thank you and for that question and by the way, washington also very high turnout in 2020, highest record turnout nothing were competitive, sosa is really focusing on trying to first and foremost make Election Officials at the state and local level aware of the work that the darknet the Department Justices during this phase and aware of the Services Available not only by her agencies but other federal agencies and we are doing this by going out to election conferences, and working with our protective surface advisors and security advisers located across the country and Infusion Centers often and really just trying to get that word out so that Election Officials know not only to report immediate threats, because that is the senator earlier mentioned, that is part of the problem reporting all threats out there but also knowing that they can work with state and local our state and federal Law Enforcement partners. Is Everything Else the committee or congress can help please dont hesitate to reach out including Additional Resources. Senator cruz. Thank you chairman and welcome to the witnesses. Mr. Kenneth polite, im highly concerned that this department of justice, is politicizing this injustice and you have discussed how there is a priority focus on elections and i recognize there is a political focus on that although as you told is coming out of a thousand complaint five prosecutions, none of which involve the violence in all of the fiber based on threats, serious threats of violence should be investigated and prosecuted and however in the weeks after the dobbs opinion was like, Pregnancy Centers in portland oregon, virginia, austin texas and frederick, maryland were targeted in vandalizing Violent Extremist Group james revenge took credit for firebombing Pregnancy Centers madison wisconsin. And in new york, in buffalo new york, and des moines iowa, and in oregon. And more recently, centers in north carolina, and washington dc, just 500 yards from where you are sitting right now, regarded with red paint and were egg, refuted by pro abortion radicals as of july 22nd, there have been at least 82 Violent Attacks against prolife institutions including churches and Crisis Pregnancy Centers. Despite these very real threats and Violent Attacks against Pregnancy Centers, doj inset on july 12, set off a special Reproductive Rights Task force, not to protect Pregnancy Centers. But instead to advocate the political agenda of this administration have expanding unlimited abortion on demand. I have zero doubt that it prolife supporters were vandalizing and firebombing abortion clinics across the country, the doj we declare in a National Emergency and you might as well send out the national guard. But because you are politics, and politics of the agency you work with have to agree with vandals, there has been no task force and there has been no priority and why is that. Senator, respectfully i believe that we agree that politics cannot and should not play any role in the investigative impressive prosecuted and Department Justice and we take very seriously any incidents of violence that occur within this country and i can tell you that those incidents that you are reflecting upon them if they are ultimately being considered by the department of justice, they will be taken; a second, youre saying theyre being considered you dont know if theyre being considered. A number of these are priorities and focus not just in the Criminal Division, one of the civil dilemmas and division as well as her Civil Rights Division. And it does not take a task force to have a privatization. Have any cases been brought. Senator, i cannot comment on the existence of any current or pending investigations at this time will you sure commenting on the existence what needs to be the political priorities of the white house let me ask you a different question, meeting is like my violent terrorists threatening Pregnancy Centers, we also have had protesters at the homes of Supreme Court justices, night after night after 90 know now i believe apprenticing in someones home, or your spouse with a sleep in your children sleep, that is inherently threatening and designed to be threatened and we know the violent rhetoric entered with the encouragement of Democratic Congress resulted in at least one deranged individual traveling from california, to maryland to attempt to murder Justice Kavanaugh analysis so having congress is address this issue the past 1816 for in section 5007 making it a crime to protest at the home of a Supreme Court justice wally cases pending, night after night after night, hes protesters committed federal crimes on National Television and why has the department of justice refused to enforce 18 usc section 1507. Senator, very recently in maryland they have prosecuted a defendant for multiple product in front of the home of one of our Supreme Court justices,. So one person. To date, there has been one prosecution. But what about the one hundreds of others and all of them have violated the law firm is obligated of the law is very clear, what is the department of justice to pick and choose which laws to enforce in which criminal laws to enforce and why does it seem to exactly follow the pattern of the partisan preferences of the bided white house. And again senator, the politics should not play does not like any role in prosecutorial decisions but also entered attorney general has increased u. S. Marshal services resources. [inaudible]. Why has there not been any others. Does the department believe the laws unconstitutional if not why are you refusing to enforce. Respectfully, i disagree that we have chosen not to enforce it and again, there has been one prosecution of out of hundred. What what about the rest of the one hundreds. Again, i cannot comment on the current status of potential investigations in this area to my final question was the one prosecution reference in 1507 prosecution or something else. I dont believe it was under that. So youve not brought a single one and again. I believe the conduct itself was a focus of the prosecution sue mccoy think you need to follow up and follow the law. Any further senator seeking questions, Political Violence in furtherance of any cause is unacceptable and i condemn all violence and threats of violence and strongest possible terms in regard to see whether comes from the right or the left whether target selection workers, judges, Law Enforcement officers, or other Public Officials. And unfortunately, abortion providers Reproductive Healthcare clinics along with the target of violence, threats, harassment and intimidation. According to the fbi, actors motivated by anti Choice Police have historically perpetuated the most lethal attacks and also commit the majority of nonviolent criminal violations when it comes to reproductive rights and is also at abortion clinics staff and patients, increased 11208 percent and 2020 went on, compared to 2020 according to report from the National Abortion federation to be on the search of assault be on clinics the study also committed a 600 percent increase in stocking, 63 percent increase in burglary, 54 percent increase in vandalism, 163 percent increase in devices or suspicious packages, and 80 percent increase in bomb threats winter 20 percent increase innovations including essences which protesters forcefully into the clinics an increase in hate mail, harassing phone calls, and Death Threats we know the fbi is investigating attacks and threats of violence following the overturning of roe v. Wade, is working with a local Law Enforcement and we need to take seriously holidays printed threats and amanda this committee has passed legislation and sent it to the floor which would provide Additional Resources to protect all federal judges after terrible incident printed new jersey and that hase floor for weeks at a time until the fight one senator from the republican side and that is a fact, were trying our best to the resources to protect our judges and we need corrupt and cooperation on both sides of the aisle close by saying saying is important as all of these issues violence are, the nature and the purpose of this hearing, is to address the undermining of integrity of americas election system, i am to think that is fundamental as well and goes to the heart of our constitution. I think the panel for your time and i hope youll respond in a timely way and bless the staff to set up a second panel for the testimony as well. Im going to start to read the biographies of members on the second panel so that we can keep moving this along and starting with josh one secretary of state expert on civil rights law educational, previously Wayne State University possible for detroit added oliver, mexicos 26 secretary of state, before her 2016 election is secretary of state she served for nearly a decade as county clerk in new mexico, and amy cohen, executive director of National Association of state election directors, professional organization representing nonpartisan officials and elections and at that crane the executive director of county clerks association, publican, served as election and administrator of colorado for putting in years, including serving from 2015 through 2018, the elected a clerk reporter for the county no alternative to senator grassley to introduce his witnesses. He served as u. S. Attorney for the Southern District of mississippi, 2017 21 and he was unanimously confirmed and previously he served eight years as an assistant u. S. Attorney and director at the Mississippi Justice Institute and general counsel at the Mississippi Center for Public Policy it is u. S. Attorney mr. Purse increase prosecutions in the district by 170 percent, any launched projects under the department of Justice Project Safe Neighborhood Initiative to help reduce Violent Crime and now a partner with the gun law and another is. [inaudible]. A fellow and headed research for the policing of Public Safety initiative in the Manhattan Institute and contributing editor of city journal in his written articles on criminal justice for many publications at, the wall street journal, new york post, new york times, washington post, the inquirer, in his book came out last week, with the title, criminal injustice, the push for incarceration and he policing wrong and who get under it hurts most pretty and johnson, Jason Johnson served as Deputy Commissioner of the Baltimore Police department from 2016 2018, and before that he was a Police Officer and george kelly, for 18 years. Reaching the rank of major and he also served as assistant commander of special Investigation Division and commander of the office of Legal Affairs and internal Affairs Division and he is currently the president of Law Enforcement Legal Defense fund, and we thank you all very much for your service and testifying today. If you would all please rise. Do you swear from the testimony youre about to give me the truth and the whole truth and nothing but the truth so help you god and let the record reflect the panel has answered it in the affirmative and so now theyre permitted to speak and we start now. Make sure your microphone is on. Thank you chairperson durbin, thank you and Ranking Member grassley and members of the committee, and michigans chief Election Officer, my responsibility is to ensure elections are assessable safe secure and results are inaccurate reflection of the people not a parson role, and despite this position is not a political role but when that increasingly forces us were probably as democrats or independents, to indoor threats, harassment, false and malicious attacks on our character and integrity, and sometimes even violence. I am here today because we need your help. We cannot have a secure democracy if we do not protect the security of the people to administer our elections and right now, we are facing an unprecedented wave of continuous unrelenting harassment and threats and enduring these threats, creates a constant strain and anxiety and stress on our work in the status quo is unsustainable, and unacceptable and ive experienced these threats firsthand, one night, when i did december of 2020, is about to put my son to bed and dozens of individual decided descended upon our home, growing in numbers over the course of an hour they stood up by my front door, my neighbors, shouting obscenities and threats into bullhorns into the state these images and his memory of that evening still haunts me and this was not the first, nor was it the last time and sometime a group of people showed up at my home or threaten me and my staff from any the hundreds of local Election Officials in our state and as a result from theres been an omni present feeling of anxiety that terminates our daily lives, and as of our family pretty not long ago my son standing in our driveway, pick up a stick and turned me and said, dont worry mom, if te bad guys come again, ill get them with this and he is six years old. Some of these incidents have been reported in many have not and from tina received a voicemail filled with language threatening her family detroit city clerk was the message to imagine a body as her daughter is a dead body in the court beyond michigan, have told countless more stories and local officials from Political Parties about sides indoor threats to their families and their staff, and these threats not limited to personal attacks, they also involve harassment, and attempt to criminalize the basic work of local Election Officials we are threatened at with the rest for civilly doing our job ever educating citizens about the right to vote, or inundated with burdensome and nonsensical unnecessary information and access to secure election equipment to and as a result when three Election Officials report feeling unsafe, on a regular basis more than half pure for the safety of the colleagues and future elections. This is why we need your help, i am grateful that a group of your colleagues have reached bipartisan agreement on the electoral contact that is not enough and imposing stronger penalties on those who threaten or harm anyone involved in Election Administration is an important step as is extending the same protections for the personal information Election Officials has been considered or extended to federal judges the bottom line is we need you to act because many states like michigan, are feeling to do what is necessary to protect us and for months local Election Officials night have pleaded with michigan lawmakers to set aside money to protect us even after threats of violence and sometimes death, are levied at us and our families is five months a specific request and a budget surplus, they have failed to offer anything to protect us. So u. S. National leaders can do something to demonstrate that youre willing not to just protect all of us but to protect democracy like many of my colleagues i have spent my career defending and protecting the right to vote, of every eligible citizen and that commitment has never wavered, and will not waiver now but we need you to share that commitment with us and we need you to stand with us to pass new protections and additional protections now before its too late. Thank you for your testimony. Thank you mr. Chairman and other distinguished members of the committee and i appreciate the invitation to testify today and is very important topic and is a former United States attorney, the Southern District of mississippi as well as line federal prosecutor for almost a decade before, including the district Election Officer, i hope to be able to provide an insight to this committee on the subject protecting our democracies provide workers in from the onset i unequivocally say that no one should be threatened but that someone is threatened, Law Enforcement should respond appropriately to nessie such threats and bring those to justice who have violated our law that being said, asthma can citizens we must question whether our department of justice should be focusing his precious time and finite resources on threats against election workers when in my opinion, there is existing a much more dire and pressing prices thanking the American Public and that is the rising of Violent Crimes surging throughout her country and considering department of justices task force, created just over your go to address the threats of the effect until Election Officials, only five cases at over 1000 referrals, that has to be asked, why this issue for this department considering that over the past two years, in 2020, and in 2021, we have seen more than 6000 additional people murdered in the United States compared to 2019, but theres hope in the department of justice as provided much needed leadership in the past to introduce to the Violent Crimes and can do so again today. And after decades of declining crime rates we begin to see uptick in 2015. And in 2017, then attorney general and later attorney general william bar, began to issue policies that is secular crimes had on including reinvigorated Neighborhood Program and guarding urine and operation legends among others and because of the leadership, by the doj and successful implementation of these many of the other programs on the nation experienced it three consecutive years from 2017 2019 declining Violent Crime and first a mention across the state neighborhoods and initiatives which brings together all levels of Law Enforcement executors, unity leaders and other stakeholders in order to join if i am a headdress and reduce Violent Crime and then in individual committees and led by our u. S. Attorneys office throughout the nation and shortly after being sworn into the United States attorney, i watched in jackson mississippi, Initiative Project egypt we stood for, and power jackson excel crime together and by focusing not just by prosecuting the violet criminals but outreach in our communitys and holding reentry fears and to help reduce this among the bidders we begin to make a real difference in jackson and the first year, jackson experienced a 7 percent reduction overall Violent Crime which meant, then a proximally 108 people, did not become victims of Violent Crime that year, and Sally Jackson has recently experienced a resurgence in Violent Crime becoming the murderous capitol of america in 2021 when he had one or 55 homicides of the highest murder rate per capita in the nation more than three times higher than chicagos which had the most murders overall in 2021. In another effective strategy previously limited by doj mentioned by Ranking Member grassley, launch in july of 2020, and kansas city missouri, temporarily reassigned and search federal Law Enforcement officers into cities experiencing significant and worsening Violent Crimes, and the First Six Months of his operation, had over niceties, doj arrested more than 6000 violent criminals including homeless and almost 500 murder suspect in these more than 2600 firearms compensated fentanyl, methamphetamine, and heroin more than 11 million and drug another things and the cities where this is implemented operation legend quickly and effectively reduce Violent Crimes enemy conclude by saying that the most Important Role of government, is to protect its citizens and doj can once again lead in this arena and how are the Department Must quickly reprioritize his goals and redirect its resources to prudent and proven programs that have reduce crimes and save lives and expeditiously, act in order to prevent the next person from becoming a victim of Violent Crimes about working with local state and Law Enforcement, as well as our citizens and other stakeholders, the doj can once again reduce Violent Crimes to make a real difference in peoples lives and communities and thank you. Thank you michael hurst. Good morning, thank you for having me here today to end in and for organizing this hearing how we can protect our election administrators, in the United States conducted at this a county local levels, and by Civil Servants and volunteers who do their duty every day for the good of our democracy. In this work is vital that we elect our leaders, had how we organize our way of life that is legitimately being threatened Election Administration my same somewhat simple from the voters perspective, the register for the ballot a couple of times a year to be the results of this pretty much it, connect elections however is a complex continual process highly technical component that ensure accuracy and results in overall security pretty these technical aspects Like Software provoke in the election machines, the distribution of secured ballot drop practices or mail ballots have become the foundation of false narratives ecology question the integrity of our entire democratic process donations election workers have been caught in the crossfires we have themselves become the targets of harassment and threats, analyzing the misinformation about how americas elections are run, and about the people who run them have proliferated to an unprecedented degree since 2020, and among a significant portion of the country continuous drumbeat of these lies and created an atmosphere of distrust in our elections, and in our Election Officials and of course the wild conspiracy theories the begin with a be like of 2020, her not to anyone is ever produced a credible shred of evidence that supports that the consequences of these lies have realworld impacts especially for those of us who were our Election Officials and reasonable 600 Election Officials, more than half a can Public Safety with nearly one in three sing a noble calling he was quite because of safety concerns printed and for people who believe the government is corrupt and the leaders are not legitimate, the threats of physical violence and act x of limitations have sadly began to seem like acceptable responses. Indexed by the new mexico good superior sees a better voting election systems have caused people to act during the 2020 election cycle, my wife was threatened and had to leave my home for weeks under state police protection, the office hasnt utilized services for both me and my members members of my staff and prevent by scrubbing personally identifying information through the internet and since 2020, my office has experienced social media only and agree Just Communications that has misinformation circulating nation wide and more recently since our primary election, my office has experienced specific threats serious and tough to be referred to Law Enforcement in june for example, they were both threatening phone calls and emails against me that were referred to the fbi for investigation. And they threats came after my office began directly combating election disinformation through a new and shortly after nationally publicized situation in new mexico where the county commission motivated by the same information that we are sing around the country initially refused to certify the primary Election Results almost causing a breakdown in the democratic process in our state. My office had sue the commission nsa Supreme Court to compel them just to perform their simple legal duties pretty and growing mistrust about our election system leads to other apathy or indignation at both of which are detrimental to our entire system of government after the Election Officials who volunteer pull workers hundred and elections even if youre the threats and harassment will cause them so much uncertainty that they will simply give up the work for the voters, the threat of the information will have them no longer participate in the barber state and federal and state Law Enforcement agencies are taking these threats seriously and are diligently investigating them ever that we are very thankful, we must show the public that the threats of against the officials will not be tolerated however, legal action is the last line of defense, we will not stop such threats until the lies stop the rhetoric gets ratcheted down Election Officials and the media Political Parties another find better ways to come together and educate the public about the realities of power election is secured and the federal government can help workers by providing resources to be used in the protection of Election Offices and personnel so for example personal information protection mike that i might offices will protect our office nurse having my testimony today top of the committee in your future work, thank you again and i look forward to your questions. Thank you. Thank you chairman durbin and Ranking Member grassley and members of the committee i would like to begin by thanking you and ill focus my testimony today what i believe to be an incredibly important issue that warrants a robust federal response and that issue is the recent rise of serious Violent Crimes and after speaking the early 1990s, the crimes like murder, aggravated assault, and robbery declined sharply aimed hundred head of the National Level in 2010, and elsewhere, it would become to be known as a great crime decline represent one of the greatest achievements in market history and the decline actually transformed him city of new york as the most dynamic urban centers in the world many cities across america have similar transformations and unfortunately, this gains seem to be a risk pretty and in 2060, homicides increased by 10. 8 percent and 7. 9 percent respectively an nations homicide rates back in 2020 and the single largest when youre spike since at least 1905 and possibly ever fun, has a national count has not yet been released in the National Homicide rates increase again in 2021, about 2020 so the largest homicide spike on record Overall Index crimes navigation of the serious categories struck by the fbi put down and seemly creating a diversion between homicides specifically crime generally and however, its important to note that overall crime measures might actually mass was more serious problem to the pandemic driven changes in routine activities because. And we believe this hearing to keep our 40 year commitment to the coverage of the u. S. Congress, you can watch the rest of this program if you got a website, cspan. Org and today the u. S. Senate is expected to debate inland in swedens to become members of nato and the senators will start about it 430 eastern to approve the request and 67 votes will be needed for approval and alive to the floor of the u. S. Senate here on cspan2. The presiding officer the senate will come to order. The chaplain, dr. Barry black, will lead the senate in prayer. The chaplain let us pray. O god, our shield, look with favor upon our senators today. Guide them around the obstacles that hinder their progress, uniting them for the common good of this great land. Lord, free them from anxiety and fear, as they put their trust in you. Enable them to go from strength to strength, fulfilling your purpose for their lives in this generation. Guide them to use their abilities to accomplish your holy will. Striving to please you, empower them to stand for right and leave the consequences to you. We pray in your holy name. Amen. The presiding officer please join me in reciting the pledge of allegiance to the flag. I pledge allegiance to the flag