On Tuesday, Donald Trump's presidential campaign sent out a press release on how the "TRUMP CAMPAIGN CITES POSSIBLE CRIMINAL ELECTION INTERFERENCE BY BIDEN ALIGNED ‘PENNSYLVANIA VALUES PAC’; DEMANDS IMMEDIATE END TO THIS FALSE ADVERTISING." The PAC in question, the Pennsylvania Values PAC, is being accused by the Trump campaign of putting out an "advertisement [that] may constitute both a criminal and civil conspiracy to injure the rights of President Trump’s supporters to cast their ballots in Pennsylvania," according to a cease and desist letter addressed to Maria L. Galdo, Treasurer of the PAC, from David A. Warrington of the Dhillon Law Group Inc.
The letter not only demands a cease and desist, but also that Galdo preserve evidence. According to Warrington's letter, the ad appears to violate federal criminal law as well as the Klu Klux Klan Act:
Federal law makes it a crime from two or more persons to “conspire to injure, oppress, threaten, or intimidate any person . . . in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.” 18 U.S.C. § 241. Voting is such a right. The Department of Justice has successfully criminally prosecuted people for conspiring to injure the right of citizens to vote by spreading false information about how to vote. See United States v. Mackey, Case No. 21-cr-0080 (AMD) (E.D.N.Y.). On its face, your false advertisement appears materially similar to the communications that resulted in a seven-month prison sentence for Mr. Mackey.
In addition to federal criminal law, your false advertisement also appears to violate the Klu Klux Klan Act, a law enacted to prevent Democrats associated with the KKK from attempting to intimidate Republican voters. The Klu Klux Klan Act creates a civil cause of action against persons who conspire “to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States.” 42 U.S.C. § 1985(3). On its face, your false advertisement appears to violate the Klu Klux Klan Act.
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The press release from the Trump campaign noted that "the Trump Campaign sent a cease-and-desist legal warning to, and will seek a criminal investigation of, Pennsylvania Values PAC for airing a false television ad that may interfere with the right of Trump supporters to cast their ballots in Pennsylvania." As is also mentioned, the campaign "demands the PAC immediately end the ad and expects law enforcement officials in Pennsylvania to immediately review this issue."
A statement from Brian Hughes, a senior advisor for the Trump campaign, speaks further to the campaign's concerns, and also provides pushback.
"Biden and his allies will stop at nothing to interfere with this election because Crooked Joe is losing nationally and in battleground states like Pennsylvania. Pennsylvania Values PAC is peddling lies to prevent voters exercising their right to vote. President Trump has been clear that his supporters should use all legal methods to cast a ballot this election," Hughes said. "In just the last two weeks at events in front of thousands of Americans - including in Pennsylvania - President Trump has encouraged supporters to visit SwamptheVoteUSA.com, a website that promotes all legal voting methods. To say otherwise in advertising, as this false TV commercial does, represents an intentional effort to mislead Pennsylvania voters, suppress Trump supporters, and disrupt a fair election this Fall."
That Swamp the Vote USA website indeed mentions many different kinds of voting methods, including absentee voting, and offers users to the website opportunities to "Request a ballot." Trump also put out a Truth Social post on April 19, which is featured on the Swamp the Vote USA website.
Such a post mentions that "ABSENTEE VOTING, EARLY VOTING, AND ELECTION DAY VOTING ARE ALL GOOD OPTIONS" and declares that "REPUBLICANS MUST MAKE A PLAN, REGISTER, AND VOTE!"
ABSENTEE VOTING, EARLY VOTING, AND ELECTION DAY VOTING ARE ALL GOOD OPTIONS. REPUBLICANS MUST MAKE A PLAN, REGISTER, AND VOTE!
— Donald J. Trump Posts From His Truth Social (@TrumpDailyPosts) April 19, 2024
Donald Trump Truth Social 06:09 PM EST 04/19/24
Although President Joe Biden won his home state of Pennsylvania in 2020, an aggregate of polls show Trump ahead there, by an average of +2.8 over Biden, per RealClearPolling.
Clips and screenshots of the ad have been circulating over X, with viewers being made to believe that Trump is against mail-in voting, though the PAC also spent money against Trump in 2020, per Liam Donovan, who discussed the ad in a thread from Saturday.
The ad begins with an announcement on the screen for "MAGA PATRIOTS" to "LISTEN TO OUR PRESIDENT!" and closes with a message to "Stand strong with PRESIDENT TRUMP AGAINST MAIL IN VOTING."
First time I have seen this tactic. Pennsylvania Values is a super pac funded almost entirely by the building trades that was most active in 2018 the last time Casey was up, spending $1.1M against Barletta. Spent another $285k in 2020 against Trump. https://t.co/tVL6kgVgYq
— Liam Donovan (@LPDonovan) June 22, 2024
Donovan was sharing Sean Parnell's take on the ad, who had been sharing Paul Villarreal's take, both of whom claim the ad is false. Parnell referred to the ad as "brazen election interference and a direct response to what we are doing in Pennsylvania with mail-in ballots & Republican voter registration," also reminding how Trump held a rally in Pennsylvania on Saturday, noting the ad was "Timed deliberately."
Villarreal had even more to say, referring to the ad as a "blatantly deceptive political commercial," noting it's the first he's "seen this election cycle."
He also offered that the ad was put out "Because the left knows that if the GOP is successful at increasing GOP Mail In Voting in PA, which the GOP is working to achieve, then it will be much harder for left-leaning candidates to win contests in the state." As Villarreal explained it further, the "makers of the ad are hoping that Trump supporters believe the ad was produced by fellow Trump backers, when the truth is that it was created by opponents of the 45th president."
Folks read this 🚨
— Sean Parnell (@SeanParnellUSA) June 22, 2024
This is brazen election interference and a direct response to what we are doing in Pennsylvania with mail-in ballots & Republican voter registration.
This is NOT how President Trump feels. This is a lie. Timed deliberately with his rally in my home state of PA. https://t.co/WaAbJnKEPN pic.twitter.com/8dqOxWm8bX
Just saw a new ad here in Central PA from a left-wing PAC named Pennsylvania Values.
— Paul Villarreal (AKA Vince Manfeld) (@AureliusStoic1) June 22, 2024
The spot tells "MAGA patriots" that President Trump doesn't want them to vote by mail (which is false).
Why is this ad being run?
Because the left knows that if the GOP is successful at…
The National Republican Senatorial Committee (NRSC)'s Mike Berg shared last August's coverage from the New York Post about how Sen. Bob Casey, Jr., a vulnerable Democratic incumbent in Pennsylvania running for reelection in November. In his post, Berg referred to Pennsylvania Values PAC as a "left-wing voter suppression group."
Bob Casey’s brother funded this left-wing voter suppression group telling Republicans not to vote early. https://t.co/z6bYSVQYm1 pic.twitter.com/PTUM9JJz5m
— Mike Berg (@MikeKBerg) June 23, 2024
Many noted that this was the first they had seen such a tactic. It looks like we very well could be gaining insight into and a preview of the legal battles that could be part of the strategy for campaigns as we get closer to the November election, and even as that date comes and goes.
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