Joe Biden removes his face mask as he arrives to speak Wednesday during an event to announce his choice of retired Army Gen. Lloyd Austin to be secretary of defense at The Queen theater in Wilmington, Delaware. (Susan Walsh / AP)
By Jack Davis
Published December 10, 2020, at 8:39 am
Amid internal fissures, the official Black Lives Matter movement erupted Wednesday after none of its leaders were invited to a high-profile meeting with presumptive President-elect Joe Biden.
“Joe Biden, Kamala Harris, and Rep. Cedric Richmond met with several civil rights groups yesterday. @blklivesmatter — as the largest social and justice movement in history — was not invited,” the organization vented on Twitter, following that up with complaints that BLM was vital to Biden and therefore deserved to be invited.
“The night of their victory, we sent @joebiden and @kamalaharris a letter requesting a meeting. It has now been 32 days and we have yet to receive a response. To set up a meeting with civil rights leaders, without BLM, is unacceptable,” the group tweeted.
“The civil rights movement of the 21st century involves BLM. To leave us out is to ignore the millions of people who brought the Biden Harris victory home.@JoeBiden @KamalaHarris we are watching, we are waiting, and we are tired of waiting.”
The group was miffed not to be part of a meeting in which Biden, joined by presumptive Vice President-elect Kamala Harris and Democratic Rep. Cedric Richmond of Louisiana, who Biden has chosen to lead the White House Office of Public Engagement, met with activist groups.
The virtual meeting focused in part on filling potential administration positions with black appointees, particularly at the Cabinet level, according to Politico.
“You cannot respond by not having an attorney general that has a background in civil rights,” Rev. Al Sharpton said he told Biden. “My preference, I said to him, is to have a black attorney general. … I said, however, the least we could have is someone that has a proven civil rights background, not someone that’s gonna handle this heightened, racist, bigoted atmosphere with on-the-job training.”
Sharpton also said a waiver to allow retired Army Gen. Lloyd Austin to become the first black defense secretary was essential. Should Biden take office, the waiver would be needed because Austin, who the presumptive president-elect has picked for a post usually held by civilians, is less than seven years out of the military.
“It is interesting to me, I said to the president-elect, that we hear about him needing a waiver. Well, we had two waivers in American history to make a Department of Defense secretary who had been in the military,” Sharpton said. “We will not accept getting to the black guy and all of a sudden we’re going to change what we’ve already done twice.”
He said black nominees “should not be held to a different standard than anyone else in American history.”
Marc Morial, CEO of the National Urban League, said Biden’s attorney general should be focused on the civil rights of black Americans, noting he wants a nominee in the mold of Eric Holder, who served as attorney general during the Obama administration.
“You cannot move the needle when it comes to racial justice in this country unless you have people at the table, at the highest levels, who have had the lived experiences, and, yes, the professional qualifications, to be able to impact public policy,” Morial said he told Biden.
“In today’s America, there are black people qualified for every single position in the government.”
Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said questions of passing the confirmation process are a distraction from what really matters.
“Restoring the integrity of the Justice Department will be no easy task, and watered-down nominees will not be acceptable to our community,” she said. “Whoever is selected for this most critical job must have a clear and bold record when it comes to civil rights and racial justice, and the idea that Senate confirmability should serve as a measuring stick to the person who occupies this most central role is deeply troubling and unacceptable.”
Ten local chapters are breaking away from what has become known as the Black Lives Matter Global Network, which is what the movement’s national leadership calls itself. The catalyst for the break, the outlet reported, was the decision by co-founder Patrisse Cullors to unilaterally name herself executive director of the group.
“There’s been intentional erasure” of local groups, Sheri Dickerson, lead organizer with Black Lives Matter Oklahoma City, told Politico. “People assume that that money is distributed to local chapters. That is not the case. People also assume that when actions are made, that national [leadership] has the support and agreement from this collective that what they’re saying is representative of us. And that’s certainly not the case.”
Some local organizers said there has been a disconnect between national and community leaders.
“What [supporters] see is national folks talking about trying to get a meeting with Biden, while kids are literally outside of my door asking for food,” April Goggans, lead organizer with Black Lives Matter D.C., told the outlet.
Omar Wasow, a political science professor at Princeton University, said the fracturing of Black Lives Matter is no surprise.
“It’s almost a truism that movements will [fracture] over time,” Wasow said. “It’s exceedingly hard to hold movements together over the long haul.”
On the night of Nov. 3, tens of thousands of absentee ballots for Fulton County, Georgia, were counted at the State Farm Arena’s vote-tabulation center in Atlanta. In recent days, the fog of incomplete and conflicting information provided by interested parties has begun to clear.
It now appears that a state election monitor was absent for a part of the counting process and that Republican poll watchers were led to believe the counting was over when it in fact wasn’t. It is also clear that the watchers were prevented from meaningfully observing much of the process, even though they were allowed in the room.
Georgia is a key battleground state, controlling 16 electoral votes. Current results show Democratic presidential candidate Joe Biden ahead of President Donald Trump by about 12,000 votes. The Trump campaign and other groups are challenging the results, alleging fraud and other illegalities. The campaign is demanding that the Georgia state legislature grant the state’s electoral votes to Trump.
Georgia Secretary of State Brad Raffensperger, a Republican, has acknowledged that his office is investigating hundreds of instances of potential illegal voting activity, but has rejected the notion that Fulton County officials themselves were involved in fraud during the ballot count at the arena on election night.
On Aug. 10, the State Election Board approved a new rule that allows election officials to start opening and scanning absentee ballots three weeks before Election Day (pdf). State law says the ballots can only be opened on Election Day. The state is being sued over the rule, based on the argument that the board didn’t have the jurisdiction to issue the rule change.
The rule allows officials to verify signatures on ballot packages and feed ballots to scanners. The votes are then to be stored in the scanner memory until they can be added to the tallies on election night. It’s not clear to what degree Fulton County has followed the new rule. County spokeswoman Jessica Corbitt declined to answer questions posed by The Epoch Times for this article.
On Election Day, ballot-processing work at the State Farm Arena was delayed.
“At approximately 6:07 a.m., the staff at State Farm Arena notified Fulton County Registration and Elections of a water leak affecting the room where absentee ballots were being tabulated,” Corbitt told The Epoch Times in an earlier statement. “The State Farm Arena team acted swiftly to remediate the issue. Within 2 hours, repairs were complete.”
Ralph Jones, a Fulton County official, told the county’s Board of Commissioners on election night that, “we had a pipe that was busted.” He said the water drained to the left side of the counting room. He said the matter caused a delay of four hours in counting ballots. Corbitt told The Epoch Times that ballots were not moved out of the room during the incident and that the leak occurred on the other side of the room from the area where ballots were located.
A local attorney who filed a records request about the burst pipe only received a brief text message exchange about the incident, describing it as “highly exaggerated … a slow leak that caused about an hour-and-a-half delay” and stating that “we contained it quickly—it did not spread,” according to the text conversation that the attorney, Paul Dzikowski, shared with The Epoch Times.
According to Frances Watson, chief investigator of the Georgia secretary of state’s office, “the incident initially reported as a water leak late in the evening on November 3rd was actually a urinal that had overflowed early in the morning on November 3rd.”
The incident “did not affect the counting of votes by Fulton County later that evening,” she said in a Dec. 5 sworn affidavit.
Security Camera Footage
Security camera footage from the arena shows workers moving around furniture after 8:20 a.m. It’s not clear whether that had to do with the water leak.
Only some parts of the footage were made publicly available when the Trump campaign’s legal team aired them during a Dec. 3 Georgia Senate committee hearing on election issues. The arena provided the footage “to all parties in each related Georgia voting litigation,” the arena’s legal chief, Scott Wilkinson, told The Epoch Times via email.
“Without a subpoena, our policy does not allow us to release video or documents,” he said.
Attempts to obtain the footage from the Trump legal team, the state, and county authorities have been unsuccessful.
One of the election workers in the arena center has been identified as Registration Officer Wandrea “Shaye” Moss, based on her conspicuous hairstyle and other features. At about 8:21 a.m., the cameras captured her moving one of the tables, which was covered with a black cloth that extended to the ground. The table would later become the center of national attention.
Monitors Placed Far Away
At around 8:15 p.m. on Election Day, two Republican poll monitors arrived at the State Farm Arena to observe the vote tabulation process, according to a sworn affidavit by one of the monitors, Michelle Branton (pdf).
As their affidavits and security camera footage from the arena show, the monitors were roped off in a media area at one end of the large tabulation center’s room. They were so far from the election workers that they couldn’t see in any detail what was being done. Some parts of the room, such as the area where the ballot scanners were placed, were so far away that it’s likely the monitors couldn’t discern what was going on there at all. Both said they didn’t even know the scanners were in the room until one of the officials explained the process to them.
At 8:40 p.m., 11Alive reported that “Fulton County election officials said they are behind—by about four hours—counting absentee ballots after a pipe burst in a room at State Farm Arena where some of those ballots were being held.”
“According to those officials, none of the ballots were damaged in the process,” the channel said in an update to its live coverage of the election.
At 10:08 p.m., 11Alive investigative reporter Andy Pierrotti reported that Fulton County wouldn’t be counting about 40,000 to 60,000 ballots that night.
“It’s not due to the State Farm water pipe issue,” he said in a memo he posted on Twitter. “It’s due to the sheer volume of mail-in/drop off absentee ballots the county received.”
Boxes In Front Of and On Table
The released footage shows, beginning at 9:57 p.m., a man in a black jacket bringing an empty black box and placing it next to the table installed by Moss. He’s accompanied by a woman in a purple t-shirt, who was later identified as election worker Ruby Freeman based on her apparel, hairstyle, and public posts and videos on Facebook, where she also appeared to identify herself as Moss’s mother.
A minute later, the man places a white tray of ballots inside the box. Freeman then closes the box.
The man then brings another box and places in it another tray of ballots that was previously on top of the table.
Shortly after that, the video skips to 10:19 p.m., and two closed boxes are seen on top of the table.
The video, which then jumps to 10:25 p.m., shows the two boxes still on top of the table, in addition to another tray of ballots.
At 10:37 p.m., the table appears to have been cleared, with no sign of the boxes. The media and the monitors can still be seen in their designated area. Nearly all the workers are gone.
‘Stop Working and Come Back Tomorrow’
The poll monitors said that activity at the arena slowed after 10 p.m. At around 10:30 p.m., a person clearly identified by them as Moss “yelled out [that] they should stop working and come back tomorrow (the next day, Wednesday, November 4) at 8:30 A.M.,” said Mitchell Harrison, one of the monitors, in his affidavit. Branton agreed with this description, saying the workers who were removing absentee ballots from the outer envelopes had mostly stopped working by that point.
The monitors were tasked by the local Trump campaign field organizer to find out how many ballots were processed and how many were left. They asked county spokesperson Regina Waller, who was on site, about this, but she didn’t get them an answer, so they eventually left shortly after 10:30 p.m., they said.
The camera footage shows them leaving at about 10:40 p.m., leaving only seven people behind: Moss, Freeman, two women in yellow t-shirts, one man in a red shirt, one man in a light blue top, and one man in a black jacket.
The monitors indicated they were under the impression that work at the arena had concluded. Corbitt, the county spokeswoman, appeared to be under the same impression.
In an 11:36 p.m. update, 11Alive reported that “Regina Waller with Fulton County told 11Alive that State Farm Arena absentee ballot counters have been sent home.”
“The election department sent the ballot counters at the State Farm Arena in Atlanta home at 10:30 p.m., Regina Waller, the Fulton County public affairs manager for elections, tells ABC News,” said the network’s 11:34 p.m. tweet.
But that wasn’t the case. The women in yellow t-shirts are seen continually placing batches of ballots on two scanners, one after another.
The scanners were placed at the opposite side of the room, at least 50 feet away from where the media and monitors were instructed to stay. With several columns obstructing the view, it’s possible the monitors couldn’t see what the workers were doing.
Boxes Under the Table
At about 10:51 p.m., Moss is seen pulling a black box out from under the table she had placed there in the morning. The box appears to have a white tray on top of it. Moss picks the tray up and then puts it back on top of the box.
At 11:03 p.m., one of the women in yellow t-shirts pulls away a box placed right beside the table. She takes stacks of papers out of it and starts placing them on the scanner.
About 30 seconds later, Moss pulls another box from underneath the table, placing it next to Freeman’s table, and takes stacks of paper out of it. Freeman then starts placing the stacks on another scanner.
At one point, it appears that Freeman places the same stack on the scanner repeatedly. This could legitimately be done in cases when ballots get jammed in the scanner feed. The video quality, however, makes it difficult to discern whether this was the case.
At 11:04 p.m., the man in a light blue top and the man in a black jacket leave the room.
About 40 seconds later, the man in a red shirt can be seen pulling another box from underneath the table. He places it next to another table and, with some help from one of the women in yellow, takes stacks of paper out of it and starts scanning them at another machine.
Edison Research election results feed data published by The New York Times show that between 11:15 p.m. and 12:03 a.m., Fulton County added 46,442 votes to its tally, about 21 percent of them for Trump. All of them were early-voting ballots. Edison also provided state-level vote count updates but didn’t specify where the votes in individual updates came from, and no update around midnight that night matches 46,442. It’s possible the Fulton batch was split into two updates—one of 23,355 votes at 12:14 a.m., of which 28 to 63 percent were for Biden, and another of 23,487 votes at 12:18 a.m., of which 98 to 100 percent were for Biden. These two add up to 46,842.
Overall, about 29 percent of the early vote in the county went to Trump.
The available security footage continues at 12:50 a.m., when the workers are no longer manning the scanners and appear to be wrapping up.
At 12:53 a.m., only Moss is left in the room.
The footage then jumps to 1:41 a.m., when three people are seen coming in. One seems to be vacuuming, but the three leave again within three minutes.
After the next jump to 1:47 a.m., three people are seen coming in. According to the Trump campaign, two of them were Republican observers. Harrison said he and another monitor, Trevin McKoy, were told to go back to the arena after they learned from news crews that the counting had continued.
Indeed, Alive 11 reported around 12:38 a.m. that “another official in Fulton County says some work is still being done at State Farm Arena with ballots.”
The available footage doesn’t show the exact moment the boxes are placed under the table. Watson said his investigators reviewed the footage and determined that the boxes were filled, sealed, and placed under the desk when the monitors were still present.
“Around 10 p.m., with the room full of people, including official monitors and the media, video shows ballots that had already been opened but not counted placed in the boxes, sealed up, stored under the table,” he said. “This was done because employees thought that they were done for the night and were closing up and ready to leave.”
Gabriel Sterling, Georgia’s voting system implementation manager, told Newsmax that only some of the workers were told to go home.
“There are cutters, the people who are opening the envelopes, and there’s the ones who are scanning,” he said.
Registration and Elections Director Richard Barron told the Fulton County Board of Commissioners that when he learned that staff were dismissed at 10:30 p.m., he advised that some workers needed to continue, the county’s spokeswoman previously told The Epoch Times.
“Based on that directive, a smaller crew continued to work through the night. It may be possible that observers left at the time the majority of the staff left, but from the information we have, the processing area was never closed to observers,” she said.
A Georgia secretary of state spokesperson said in a statement that its “investigator” and an “independent monitor appointed by the State Election Board … both observed scanning until it was halted for the night around midnight,” Newsmax reported.
It’s not clear who the monitor and investigator were, as the video shows only five people in the room at certain times, one of whom was Moss, while the other four were engaged in the scanning.
Sterling also acknowledged that there was an “82-minute” period when no monitor was present.
Envelope Without Address
Freeman’s Facebook page has ceased to be publicly accessible in recent days, after some of its content was posted on Twitter. The content included videos of her sitting in a cubicle and walking around an office space with trays of absentee ballots seen on tables. At one point, a man brings her a tray labeled “Ballot Signature Verification” with nearly 400 absentee ballot envelopes in it. The first envelope lacks a return address. Early in-person votes are cast on absentee ballots, which also need to be placed in envelopes. It’s not clear whether the envelope would have a return address in that case.
In Georgia, absentee ballot signatures are matched by county election clerks to signatures on record for each voter. The clerks flag any mismatches for further verification, including a follow-up with the voter. Less than 0.2 percent of absentee ballots are rejected for signature issues, according to the state. That only accounts for mailed absentee ballots. It’s not clear what the rejection rate is for early voting ballots.
Each county has a bipartisan election board, which may oversee the signature-matching process, according to Ryan Germany, general counsel of the secretary of state.
“For signature matching, they can choose to be as involved in that as they want,” he said during the Senate hearing.
None of the five members of the Fulton County election board answered emailed questions regarding their involvement in the signature-matching oversight.