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Tipsheet

John Durham Is Investigating Terry McAuliffe's Election Lawyer

John Durham Is Investigating Terry McAuliffe's Election Lawyer
AP Photo/Alex Brandon

It's Election Day in Virginia. Republican Glenn Youngkin is ahead in the polls and has the momentum as voters head cast their ballots. 

Democrat Terry McAuliffe ended his campaign Monday by cancelling events and again talking about President Donald Trump. He's desperate and his recent hire of election lawyer Marc Elias, who is infamous for attempting to overturn results in favor of Democrats, proves it. 

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"Virginia Democratic gubernatorial candidate Terry McAuliffe’s campaign has made a late-game push before the election, spending nearly $60,000 on a high-profile attorney known for representing Democrats and masterminding some election-related legal challenges," Fox News reports. "He represented Iowa Democratic candidate Rita Hart in her effort to overturn the results of her extremely narrow loss to Republican Rep. Mariannette Miller-Meeks." 

During the 2016 presidential election, Elias hired Fusion GPS to produce the fake dossier about President Trump, which led to illegal FISA warrants against Trump campaign officials and a lengthy Special Counsel investigation. He was hired by the Clinton campaign to do so. For years, Elias claimed Trump stole the election from Hillary Clinton with the help of the Russian government.

Elias is under investigation by Special Counsel John Durham, who is investigating the originals of the Russia hoax scandal.

"Witness testimony and reports suggest that Marc Elias and Michael Sussmann of Perkins Coie LLP, representing the DNC and the Clinton campaign, urged the FBI to target their political opponent, then-candidate Donald Trump. As reported publicly, the DNC financed the political opposition research that Steele presented to the FBI to predicate its surveillance of individuals associated with the Trump campaign," DOJ documents show. "The DNC did so through its attorney, Marc Elias, who hired Fusion GPS, which retained Steele to perform the research."

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Further, Elias was sanctioned by a judge last year for corrupt and dishonest legal practices. 

A judge ordered sanctions against Elias in a case where he represented Democrats challenging a Texas law barring "straight ticket voting" going into the 2020 election. Elias and other attorneys filed a motion in the case in February without mentioning that they had already filed what the court called a "nearly identical" motion in September 2020 that had been denied.

So what is Elias doing in Virginia? George Washington University Professor Jonathan Turley has an idea. 

McAuliffe may be preparing to challenge any win by Republican Glenn Youngkin. He has given $53,680 to the Elias Law Group. McAuliffe does not appear disturbed by Elias’ highly controversial career or his possible exposure in the Durham investigation. 

There are a host of election lawyers but McAuliffe selected an attorney accused of lying to the media, advancing rejected conspiracy theories, and currently involved in a major federal investigation that has already led to the indictment of his former partner.

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