February 2020

1 Global Democratic Progress Has Reversed Since 2005

Graph by

2 That Decline Has Come to the United States

Graph by 3 Prior to 2016, US Civil Society Was Not Well Resourced to Address This

Extreme Policies National Security Autocratic Governance

• Immigration • North Korea • Alternative Facts • Healthcare • Syria/Iran • Bullying Opponents • Climate • Russia • Corrupting Elections • Taxes • Hurricanes • Politicizing Law Enforcement • Ignoring Courts

Sierra Club, Naral, MoveOn, National Security establishment, ACLU, NRDC, People For, Public Republican #NeverTrumpers, Citizen, 350.org, Demos, etc. CNAS, CSIS, etc. ?

4 We Launched to Prevent Our Democracy From Declining into Autocracy

5 In Less Than Three Years We’ve Built a Powerful Cross-Partisan Operation

More than Fifty Legal Actions Hired 35+ Staff at Top Tier Talent 20+ Impactful Wins

Built A Software Protecting Voter Rolls Backed by a Harvard Law School Clinic In 16 States covering 104m Americans

6 Succeeding In This Mission Requires Three Phases

Phase 1: The Phase 2: The First Phase 3: The Next Rearguard Action 100 Days 100 Years Prevent the Ceiling Seize the Coming Fix the Deeper from Caving In Reform Window Problems

7 Phase 1: Stop The Modern Autocratic Playbook

8 Phase 2: The First 100 Days

Protect our Elections Empower Congress Check the President to elect officials democratically so it can do its job from becoming a king

- Protect from Newest Threats - Restore Stripped Resources - Codify DOJ Independence - Improve Voter Access - Take Back War Powers - Reform Emergency Powers - Build Resiliencies - Make Oversight Effective - Close “Above The Law” Loopholes

New Laws to Rebuild the Guardrails of Our Democracy

9 The good news: Reforms are moving on the Hill

A bill to amend the National Emergencies Act passed out of a We are working with Democratic leadership in Congress on an omnibus Senate Committee on an 11-2 bipartisan vote. Presidential Abuse of Power Act.

10 The good news: From Warren to Walsh, the challengers all agree

11 Phase 3: The Next 100 Years Supreme Court term limits? Decoupling cultural Fewer young Americans think identities from it’s “essential” partisan to live in a Reform the Structures of our identities democracy Democracy for a new Century We need a functioning polity to have a functioning Support Cultural Interventions that government Mend Tears in the Social Fabric Ranked Electoral choice College voting? reforms?

38% of US jobs will be lost to automation by 2030

12 But Priority for The Next Year: Protecting the Integrity of the 2020 Election 1. Protect Voter Registration 3. Prevent New Forms of Voter 4. Prevent Unfair Governmental 2. Protect Voting Machines 5. Prepare for Electoral Crisis Databases Suppression Interference

The Anti-KKK Law That Could Bring Down a Notorious Voter- Suppression Group

We've built a software system that We’ve launched a multi-state election We obtained a favorable decision We forced Brian Kemp to resign as We have begun working to identify the monitors state voter registration cybersecurity upgrades project to establishing a new precedent that Secretary of State in Georgia so that he ways in which the US could experience database changes to detect signs of ensure that the country’s election federal statutes are actionable against couldn’t oversee the vote count in the an electoral crisis in 2020. These range foreign hacking, which the Senate systems are properly fortified against modern, online forms of voter gubernatorial race in which he was a from election day violence to a natural Intelligence Committee’s recent report such attacks and recently scored two intimidation in our suit representing candidate. We then filed a similar case disaster on election day to a losing on Russian election interference found major victories. In SC, our lawsuit and Latinx voters in Virginia against J. against Gov. Scott in Florida and got a candidate refusing to accept defeat. This to be the primary threat to the 2020 lobbying team helped pressure the state Christian Adams. As a result of the win, favorable federal court opinion adopting work will identify these potential crises election. VoteShield is already to purchase improved machines in time Adams and similar groups in other states our constitutional theory. We are and lay out what the proper protocols monitoring the voter registration for the 2020 election. In PA, our have stopped releasing the personal continuing to build on these precedents should be if any of them materialize. It databases of 16 states and 106 million lobbying efforts played a key role in information of voters. We then filed to build a stronger bulwark against this will then identify what needs to be done voters. State- and county-level elections persuading Gov. Tom Wolf to announce new litigation to stop a NY County from kind of interference in 2020, including a in advance to make those protocols administrators from both parties are a plan to fund new machines for 2020. sharing voter registration data with ICE. white paper on state-level reforms and more actionable and what steps can be currently using the tool to protect their In TX, we worked with experts to draft The plan to share DMV voter data with what Congress should do to prevent a taken now to mitigate the potential for voter files and we plan to significantly election cybersecurity recs for the TX ICE is not only unlawful, but if President or other office-holders from these crises to occur. We will then scale it in advance of the elections. legislature and we’re now working to consummated would intimidate eligible using the formal machinery of implement those steps with help from a have them enacted. voters from registering. government to interfere in elections. broad coalition. We’re Winning Skirmishes, but Need to Win the War

We invalidated President Trump’s declaration We built a software system that monitors We helped shut down the Pence-Kobach of a national emergency along the Southern changes in state voter rolls to detect “Voter Integrity” Commission, which was border, which he did to circumvent Congress interference or error that is being used by roundly seen as a thinly-veiled effort at voter to fund his border wall election administrators from both parties to suppression monitor their voter files

The Anti-KKK Law That Could Bring Down a Notorious Voter-Suppression Group

Through lobbying and litigation, we pushed Our suit representing Latinx voters against J. We organized a statement from more than South Carolina and Pennsylvania to Christian Adams for intimidating lawful 1,000 former federal prosecutors that the fund the purchase of more secure voting minority voters forced Adams and similar President's actions as detailed in the Mueller machines in time for the 2020 election. We actors in other states to stop releasing the Report would have led any other American also helped fund a similar win in Georgia personal information of voters citizen to have been prosecuted 14 What’s Next?

• Thus far, we’re winning skirmishes; need to scale to win the war • Scale the legal team to take on more of the projects needed that are beyond current capacity. • Build out policy, advocacy and communications arms to ensure our legislative and other non-litigation projects have as robust support behind them as our legal efforts (e.g., Roadmap, Oversight, etc.) • Continue to invest heavily in culture and management training to ensure we maintain excellence as we scale.

15 Appendix

• The Team (So Far) • Advisory Board • Why is This Happening Models • Sampling of Wins and Ongoing Projects by Project Area

16 The Team (so far)

• Ian Bassin – White House Counsel • Yascha Mounk – Politico 50 Top Thinkers • Justin Florence – White House Counsel • Rachel Goodman – Yale Law, ACLU • Ben Berwick – DOJ, Yale Law • Cameron Kistler – Yale Law, Judge Clement • Kristy Parker – DOJ Civil Rights, Harvard • Chris Vaeth – CFPB Founding Team, Harvard • Larry Schwartztol – ACLU, Harvard Faculty • Stephanie Llanes – Berkeley Law, CCR • Corey Dukes – State Dir. For Clinton 2016, Sen. Warren • Nanya Springer – Center for Polit. Accountability • Anne Tindall – Rep. Waxman, Wilmer • Angelo Pis-Dudot – Yale • Ahmed Shaaban – Univ. of Penn. • Beau Wright – White House • Soren Dayton – Sen. John McCain • Sarah Armstrong – Naval Academy • Aditi Juneja – NYU Law • Jonathan Arone – University of Chicago • Jamila Benkato – U.S. District Court • Jessica Marsden – Yale Law • Aaron Baird – Quartz, LSE • Celia Alario - Amazon Watch, Electronic Frontier Fdn. • Sonya Petri – Harvard KSG, LSE • Farbod Faraji – Stanford Law • Cameron Bills – Columbia Univ. • Ariela Rosenberg – Fletcher School • Deana El-Mallawany – Asst. U.S. Attorney • Chris Deaton – The Weekly Standard • John Langford – Yale Law • Becca Leviss – Tufts University • Justin Vail – White House • Genevieve Nadeau – MA Civil Rights Chief, Stanford Law • Erica Newland – Yale Law, AG’s Award, Merrick Garland Clerk • Alexandra Chandler – Brown, Office of Naval Intelligence Division Chief • Rachel Homer – Yale Law, DOJ • Harvard Law School Student Clinic 17 • Paulina Montañez-Montes – University of Chicago, White House • 50/50 Gender Equality; 1/3 People of Color; 4 Conservatives Advisory Board

Steven Levitsky Mona Charen Professor of Government, Harvard University Senior Fellow, Ethics and Public Policy Center; Former Speechwriter to First Lady Nancy Reagan Daniel Ziblatt Linda Chavez Professor of Government, Harvard University Chairman, Center for Equal Opportunity; Former WH Director of Public Liaison to Pres. Reagan Ruth Ben-Ghiat Donald Verrilli Professor of Italian and History, New York University Former Solicitor General of the United States Richard Primus Thomas Perrelli Theodore J. St. Antoine Collegiate Professor of Law, University of Michigan Law School Former Associate Attorney General of the United States Sheri Berman Michael Miller Professor of Political Science, Barnard College, Columbia University Associate Professor of Political Science, The George Washington University Aziz Huq Kim Lane Scheppele Frank and Bernice J. Greenberg Professor of Law, The University of Chicago Law School Laurance S. Rockefeller Professor of Sociology and International Affairs, Princeton University Timothy Snyder Jerry Taylor Richard C. Levin Professor of History, Yale University President, Niskanen Center John Dean Rachel Kleinfeld Former White House Counsel Senior Fellow, Carnegie Endowment for International Peace Matthew Dowd John McKay Author, Political Analyst, and Former Chief Strategist, Bush-Cheney 2004 Former United States Attorney for the Western District of Washington Mindy Finn Evan Wolfson Co-CEO and Founder, Stand Up Republic Founder, Freedom to Marry Evan McMullin Spencer Overton Co-CEO and Founder, Stand Up Republic Professor of Law, The George Washington University School of Law Khizr Khan Marcos Daniel Jiménez Lawyer, Constitutional Rights Advocate and Author Former United States Attorney for the Southern District of Florida Anne Applebaum Robert Raben Author and Professor of Practice at the London School of Economics Former Assistant Attorney General Michael Gottlieb Brendan Nyhan 18 Former Assistant United States Attorney and Associate White House Counsel Professor of Government, Dartmouth College Why Is This Happening Part I: Western Democracy is Not Delivering The Goods

19 Why Is This Happening Part II: The Volcano Effect

Checks and Balances • Abdication of Congressional Oversight • Politicization of Law Enforcement and Civil Service • Government Suppression of Speech and Dissent • Presidential Attempts to Place Self Above Law

Accelerants • Fox News Style Media • Social Media • Russian Interference • Democratic Distortions (e.g., Partisan Gerrymandering)

• Globalization Underlying Conditions • Changing Labor Markets • Tribal/Racial Conflicts • Climate, Migration Executive Power Grabs Green – Win | Yellow – In Progress | Red – Defeat

We unsealed the last secret Watergate Court ruled in our favor—Ninth Circuit Court Judge rules that the President is not above document which then served as the blueprint to appoint private attorney to oppose the law in opinion MSNBC and Washington for HJC’s petition to unseal Mueller evidence Arpaio’s position Post note tracks the arguments in our brief

Another NY court—citing our brief—rules Forced the Administration to release legal Filed lawsuit on behalf of El Paso, Texas and the that the President is not immune from civil analysis for Trump’s unilateral strikes on Syria, Border Network for Human Rights to block suit in state court while in officee sparking national pushback Trump's declaration from taking effect

Working on getting the court to consider the Released a memo to Congress on the Released this white paper detailing the dangers ultimate constitutionality of the pardon and constitutional limitations on the pardon power of Trump’s attacks on the courts and how these21 what limits exist on the pardon power and why Trump can’t use it to protect himself attacks mirror the behavior of other autocrats Politicizing Independent Institutions

Organized a letter from former prosecutors To build on our suit on behalf of 3 Senators, we Helped to expose that the White House was asserting that Trump would have been organized a letter by DOJ alumni calling for violating rules that govern contacts with the prosecuted if he wasn’t President. Whitaker to be replaced by a confirmed official DOJ & FBI

Released a white paper laying out the Filed a legal brief on behalf of former DOJ Coordinated a statement from nearly 1,000 constitutional rebuttal to Trump’s claim that officials laying out this constitutional theory former DOJ officials opposing any removal of he can’t obstruct justice since he runs DOJ signed by Preet Bharara and John Dean Rosenstein or Mueller

Filed a set of lawsuits to ferret out improper Filed a lawsuit help ensure the WH did not actions against civil servants based on their interfere in DOJ's prosecution of the Anthem- 22 personal viewpoints Cigna merger based on political favoritism Corrupting Elections

Helped shut down the Pence-Kobach Forced Kemp to resign as Secretary of State in Filed a similar case against Governor Scott in Commission, which was roundly seen as a Georgia so he couldn’t oversee the vote count Florida and got a very favorable opinion laying thinly-veiled effort at voter suppression in a race in which he was a candidate down the law we need for 2020

Built a software system that monitors changes Our lawsuit and advocacy in South Carolina In Pennsylvania, our lobbying efforts played a key in state voter rolls to detect interference or played a key role in forcing the state to purchase role in persuading Gov. Wolf to announce a plan error that is being used by election officials new voting machines with paper ballots to fund new, more secure voting machines

Filed a lawsuit to stop Rensselaer County from Brought a case against the SC Republican Party We initially succeeded in blocking the WI law that intimidating voters by illegally disclosing their for illegally cancelling its presidential primary stripped power from the incoming GOV and23 AG; it voter registration information to ICE in violation of its own rules and state law was reversed by the WI SC along ideological lines Delegitimizing Communities

Case Closed: The Justice Department Won’t Stand The Anti-KKK Law That Could Bring Down a Behind Its Report on Immigrants and Terrorism Notorious Voter-Suppression Group

Our lawsuit forced the Justice Department to admit that a In our lawsuit against against one of the leaders of the voter government report linking immigrants to terrorism which was suppression movement, J. Christian Adams, for intimidating lawful released in conjunction with the Travel Ban was based on minority voters, we obtained a favorable decision establishing a erroneous statistics. We are now in court seeking its retraction in new precedent that federal statutes are actionable against online full and the suit has prompted oversight from Chairman Bennie forms of voter intimidation and forced Adams and similar actors in Thompson and Senator Cory Booker other states to stop releasing the personal information of voters

One of our Freedom Information Act Requests helped generate Filed a lawsuit challenging a recently revealed secret Department political pressure that forced the Administration to back down on of Homeland Security operation that targets activists, journalists, its attempt to install a crony partisan in the role of Deputy lawyers, and religious leaders who speak out against the current Director of the Census Administration’s immigration policies for surveillance 24 Quashing Dissent

We filed a First Amendment lawsuit against Trump for his threats Because we are now facing a threat in which speech is quashed by to use government agencies to punish media entities for their private employers seeking to avoid the wrath of a vindictive speech. The suit received widespread coverage and successfully Administration, we filed a lawsuit on behalf of the woman who elevated the issue of the President's retaliations against the press lost her job for protesting the President by giving his motorcade as First Amendment violations. More than 200 journalists have the middle finger. Her employer, a government contractor, forced since signed a letter supporting our case. her to resign out of fear of unlawful retaliation by the government.

25 Spreading Disinformation

I Hope This Is an Instance of Fake News': The Justice Department Finds ‘No FBI Messages Show the Bureau's Real Responsive Records' to Support a Trump Reaction to Trump Firing James Comey Speech

Exposed that the White House lied about Exposed that Trump lied about a law Exposed that Trump lied about the origins the state of the FBI under Director James existing which required family separations of terrorists in a speech to Congress Comey at the border

Filed a suit against the EPA to block Filed a suit as part of our investigation to attempts to kick expert scientists off EPA find out if the White House was behind advisory committees FEMA's removal of unflattering Puerto Rico recovery data from its website

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