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Francisco Diaz runs a county election office in California. When armed federal agents showed up with a 48-hour deadline, he wrote a plan for his office to keep counting without him, and then he took it to federal court. That’s who we’re fighting for tomorrow. If someone you love belongs in the war room with us, send them a gift subscription. And if you can, become a Founding Member.
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Trump Went After Your Vote. He Lost Every Single Time.
Three court losses in three days, an ICE agent’s own body cam, and the Alaska lawsuit a judge just threw out.
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Tomorrow is Election Day, and Trump is more unhinged than ever. So I’m glad to have some great news for you today.
Thanks so much for joining me. Before we jump in, be sure to hit the ❤️ like button, then restack to share this with all of your followers. Trump wants these stories to stay buried. Let’s disappoint him.
And if you haven’t yet, join us as a paid subscriber today. You get my last briefing before the polls close, plus a seat with me in our war room tomorrow for live election results coverage at 8:30 PM Eastern. Join us here.
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A Judge Protected The People Counting Our
Votes
On October 23, two federal agents walked into Francisco Diaz’s office in San Benito County, California, and showed their federal badges. They hand-delivered a DOJ letter listing 33 of his voters as “suspected likely aliens” and gave him 48 hours to hand over their Social Security numbers and driver’s license information. Diaz didn’t blink: “We will not be intimidated by agents with guns for simply doing our jobs.”
Diaz runs the elections for around 40,000 voters. In his sworn statement in federal court, he said he “did not know whether I might be arrested or what might happen next.” So he made “an emergency plan for how my office would run if I were not there.”
For months, the DOJ has been threatening to prosecute election officials. In October, it told California counties to set ballots aside or risk criminal charges. Meanwhile, their voter fraud claims kept shrinking. In July, DHS claimed there might be as many as 190,832 noncitizens registered to vote in California. By October, it was down to around 20,000 ballots the DOJ wanted set aside. Federal prosecutors charged 28 people, and a number of them don’t even appear to have voted.
On Friday, US District Judge Trina Thompson found “the record shows that Defendants intimidated, threatened, or coerced election workers,” which likely violated the Voting Rights Act, and ordered them to stop. That was already against the law. Now the DOJ and DHS are under a court order.
Through November 16, they can’t threaten election workers in any state with prosecution for legally counting ballots, and they have to tell every county they sent those letters to that the threats are dead. That same day, a federal appeals court refused to let the regime set aside the 20,000 ballots in California.
Diaz never stopped: “Despite all of this, my office is continuing to run the election.” Trump tried to set aside ballots and sent armed agents after the people who count our votes, but two courts told him no on the same day. Good.
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Colorado Kept Trump’s Monitors
100 Feet Away
On October 20, the DOJ asked Colorado to let federal monitors inside the voting centers in Adams County, north of Denver, on Election Day. Secretary of State Jena Griswold had just changed the rules 11 days earlier, requiring official election observers to get the state’s permission before they walk into any voting center.
On October 29, Griswold stood her ground. She allowed the monitors to come in, but only while being escorted by a state-appointed observer the entire time. They had to stay in a designated area, where they could watch and take notes. They weren’t allowed to talk to voters, touch the voting equipment, or take any photos or recordings.
The DOJ gave up there. “Our monitors will remain outside of polling places and not come within 100 feet of the building,” it wrote back, citing Colorado state law.
This is the second time Griswold sent them packing. Last year, she refused to give the Trump regime Colorado’s private voter file. When the DOJ sued, a federal judge tossed the lawsuit in August. And she’s not alone this week. Election officials in Kentucky are keeping the monitors out of polling places in Louisville and Lexington. In Arkansas—a state Trump won by 30 points—the Washington County Election Commission voted 3-0 to do the same.
Trump wanted his monitors in the room with Colorado voters. Instead they’ll be standing outside—at least 100 feet away.
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Houston Charged The ICE Agent
On October 10, Miguel Parra Hernandez was on his way to work in Harris County, Texas, his family says, when ICE agents started chasing him. He’s 48, works construction, and has lived in Texas for more than 30 years with no criminal record. He ran. Prosecutors say ICE Agent Mario Alberto Morales then steered his Jeep into him and ran over both of his legs. The man ICE claimed it was chasing that day? His daughter says he’s been dead since 2017.
Morales had his body camera on. “You ran over me,” Parra Hernandez cried in Spanish. Morales can be heard saying, “He got hit with a car, bro.” ICE, of course, claimed Parra Hernandez ran in front of the vehicle. But when another agent showed up, Morales told him, “I was coming in and I hit him with the car.”
Then the agents drove the Jeep back to an ICE office before local investigators could look at it. A judge signed a search warrant for it. On October 23, investigators reported back to the court: “Access to 2025 Jeep Grand Cherokee has not been provided—no search of vehicle.”
On Friday, a Harris County grand jury indicted Morales for aggravated assault with a deadly weapon, a second-degree felony that carries two to 20 years in prison. His lawyer said he’d turn himself in this morning. District Attorney Sean Teare didn’t hold back: “An ICE badge does not give you free rein to injure, kill, or violate the constitutional rights of anyone.”
ICE has spent the last two years acting like its agents answer to nobody. Harris County just proved them wrong.
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Alaska Just Threw Trump’s Lawsuit
Out
On October 22, the DOJ sued Alaska to stop the state from certifying its Senate race if Sen. Dan Sullivan narrowly loses to Mary Peltola. Trump bragged it was his idea.
Their excuse was the fact a second Dan Sullivan is on the ballot—a retired teacher who finished third in the primary with 2.47%. The DOJ wanted ballots marked for him pulled aside and certification held up “pending an investigation” into which Dan Sullivan people actually meant to vote for.
On Sunday, two days before the election, US District Judge Sharon Gleason threw the whole case out. “The absence of any explanation from the United States … is telling,” she wrote. And pulling aside ballots so law enforcement can look into who cast them “is not a remedy that this Court can or should order as it clearly violate[s] Alaskans’ right to a secret ballot.”
She also pointed at the US Attorney’s Friday press conference, where he stood between the Alaska State Troopers and the FBI and said they were “working to make sure that your vote counts in a way that you meant and intended it to count.” Voters hearing that, the judge wrote, “may well have concerns regarding the secrecy of their ballot.”
How Alaska runs its election is the responsibility “of the State, not the executive branch of the federal government.” She closed the case and wouldn’t let the DOJ rewrite it. Trump tried to block the election results before a single vote was tallied. A federal judge in Alaska just said no. The DOJ says it’s appealing. But for now, Alaska counts every ballot.
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The Morning Briefing: One Day Out
Some races that decide Congress won’t be called tomorrow night. Here’s what to expect.
The final New York Times poll has us ahead. The Times/Siena polls, taken October 23 to November 1, have Democrats leading in the Senate races in Kansas, Maine, Michigan, Ohio, and Texas, with a narrow edge in Alaska, and Iowa tied. Only 38 percent of voters approve of Trump in those states.
It could take a while in Maine. The state’s ranked-choice voting system could lead to a second round, which would take days. In 2020 and 2024, the race was called within a day or two.
Georgia might take four weeks. If neither candidate gets over 50 percent, they’ll hold a runoff on December 1. But Ossoff has led by about eight points all month, so it could be one of the first races called tomorrow night.
The win total for the House will take a while. California counts mail ballots postmarked by Election Day that arrive up to seven days after. Counties have 30 days to finish counting, and the state certifies by December 11. Washington counts for about three weeks. Even with votes still being counted out West, the House will likely be called by around 11 PM.
The Senate could come down to the slow states. Texas and Georgia will tell us early whether Democrats are on track for the majority. If it comes down to Maine’s second round or a Georgia runoff, we may not know who runs the Senate for days. That’s normal.
The Bottom Line: More than 55 million Americans have already voted, a midterm record by far. We will know a lot tomorrow night, but not everything. A slow count doesn’t mean it’s a bad outcome—it’s every vote being counted. I’ll be here with you every step of the way.
This is it. All of our hard work over the years comes down to this one day. I am confident that we couldn’t be in a better spot than we are now. But we still work like we’re behind and sprint through the finish.
On Wednesday morning, we will immediately launch our largest and most powerful pressure campaign on Congress ever. No breaks and no time off. I’m not tired—I’m fired up. And nothing will slow us down.
If you’re not a paid subscriber yet, join today. You’ll be helping kick off the fight that comes next, and get a ticket for our live war room on Substack tomorrow at 8:30 PM Eastern. Let’s finish this:
Before you go, hit the ❤️ like button and restack this. Trump doesn’t want anyone to know he’s losing, so let’s tell everyone.
Onward!
Scott
When are you voting tomorrow, or did you already?
Which race are you most focused on?
If Democrats take back both chambers, what’s the first thing you want them to do?
Thanks for your support! Another way to help us out is by gifting subscriptions to friends and family! You can get yours by clicking the link.
For all contact Congress links, or to volunteer, you can go here: https://actionnetwork.org/forms/sign-up-for-the-watchdog-coalition
Election Day is tomorrow, and a federal judge just threw out Trump’s bid to freeze Alaska’s count. Let’s finish strong with four letters before you go vote:
Stop Trump’s next grab for your state’s elections:
https://actionnetwork.org/letters/tell-congress-stop-trumps-move-to-take-over-state-elections/
Keep armed agents away from our polls:
https://actionnetwork.org/letters/tell-congress-stop-trump-from-sending-troops-to-our-polling-places/
Impeach John Roberts:
https://actionnetwork.org/letters/tell-congress-impeach-supreme-court-chief-justice-john-roberts/
Push Pete Hegseth’s impeachment letters past 15,000:
https://actionnetwork.org/letters/tell-congress-impeach-pete-hegseth/
Tell me below which ones you sent.
JUST A FEW OF ANY COMMENTS:
Almost there. Whatever happens tomorrow, I’m proud we showed up the whole way. Let’s see it through.
Trying to get over the finIsh line in Wi!
🏥 The Crushing of the Main Street Till
The transactional despots have drafted a plan,
To take all the wealth from the everyday man.
They declare an emergency, fake and untrue,
To steal all the coffers belonging to you. 🚨
They hold up the billions that Congress okayed,
For the community cops who are left underpaid.
They freeze all the funds that were meant for the street,
And force the whole town into bitter defeat. 🚓
They're closing the clinics, they're closing the schools,
And treating the citizens merely as tools.
They crush the Main Street where the families shop,
And ensure that the suffering never will stop. 🏚️
Like Putin in Russia, who sells off the town,
And forces his workers and families down.
Like the plots out in open to start up the fights,
In Ukraine and Iran, stealing everyone's rights. 🌍
It’s financial abuse of the highest degree,
By men who just want to be wealthy and free.
They siphon the money to keep up the war,
And leave the poor citizens sleeping outdoors. ⛺
With fake car plants opened to cover the lie,
And oil agreements that darken the sky.
They sell off the nation for parts and for scrap,
And catch the whole world in a terrible trap. 🪤
They sacrifice children to stay in command,
And spread their dark shadows all over the land.
But the people can see what they're trying to do,
And the power to stop them belongs now to you. 🫵
When communities are crushed and the people do not count,
And the cost of bitter darkness just continues to mount,
We must lift the shining Lantern, let democracy shine bright,
To protect the fragile families and end the endless night! 🕯️
Glory to Ukraine! 🇺🇦
Defend Democracy—make your plan to vote today. 🕯️
————————————
We are the Comment-Chain Crew and Resharing Brigade, boosting pro-democracy leadersand indie mediathrough fact-based PSAs so truth can grow!🌱
1 day left! I'm the Lead Inspector for my local polling station, and while I'm not scared that armed agents will target our little precinct, it makes my blood boil that it could be a possibility in the current regime's aims to scare citizens into not voting. As I said before, this is MY country, and I'm not going down without a fight.
DON'T BE AFRAID. DON'T BE COMPLACENT. If you haven't already voted, get your butt off the couch and VOTE. #VoteBluetoSaveAmerica
And thank you, Scott, for providing a ray of light through these dark times
Thank you for being the Lead Inspector at your local polling station. I appreciate all the people who are at all the polling locations across the US.
Real change starts at the grassroots level, not in DC. If we don't do it, who will?
Love your attitude, Denise! Show no fear in the face of the evil, quote: "dictator on day one"
and would-be dictator on every day of his wretched life. Sinclair Lewis published his anti-fascist tale "It Can't Happen Here" in 1935 as Hitler consolidated his power, and dumpster is trying to replicate the most abysmal liar from History. Vote 'Blue' all down the line. Thank you, Scott, for turning the screws on the monster and his crew of misfits.
Voted already, and tomorrow I’m going to be a poll monitor. In fact, I’m out the door right now to go check out the place I’m going to be doing that. To make sure I know the drill.
Thank you for being a poll monitor.
Are you ready for tomorrow? I am
We’re playing the long game. Patience and fortitude are required. 🌊🌊🌊
AMEN. This is not a sprint, it is a marathon.
And…Democracy is NOT a spectator sport! 💙
I think we need to be patient and keep the faith. They will drag the elections through the courts. We will persevere in the end!
ONE DAY! It's so exciting that you can't feel tired now with adrenaline getting you fired up! Voted as soon as I got my ballot 🗳️ Now I am checking everyone I know to make sure they voted.
Scott and his team are tops for keeping the momentum going and the good news helps.
TACO TUESDAY tomorrow, what will DonOld do?🌊🌊🌊
`I love your take on the Orange Menace's name... DonOld. Just perfect.
I already voted because tomorrow I'm a poll worker. Prepared for a long busy and enthusiastic day of voting!
Thank you for being a poll worker. The ones at my polling location were so helpful.
I voted 2 weeks ago. If the Dems win, 2 things need addressed 1st: Voting rights and Hegseth impeachment.
Trump’s MO regarding elections has been to declare victory the minute after the polling places close. Don’t believe him.
Not only is the screwball president a pathological liar but it is not possible to know who won what and where because it takes time to count the ballots , more than a minute or two. Just ignore his lunatic ravings about the results of the election— he doesn’t know the results, but he wants us to think he knows. He really doesn’t know his ear from his elbow in any situation.
I am concentrating in Govenors race in Wi.Canvassed,supported and put up signs for David Crowely!! He is running against Tom Tiffany who is a congressman and huge Trumper! Crowely saved the Brewers- kept them in Milwaukee at least until 2050! There are so many good things about Crowely-Tiffany voted 100% with Trump and of course voted for Big Ugly.Also hopeful Rebecca Cooke will beat Derek Van Orden for Congress! If some of my fellow democrats from out of state are looking for someone to support Never to Late!!Home - Rebecca Cooke https://share.google/HbUY23EJyE7puvqvG
Thanks All! Holding on until tomorrow❤️
Thanks, Patty for your work on the WI governor's race. I have sent campaign donations, and I'm from MN. You folks do NOT need the corrupt Mr. Tiffany!
Thanks Patty! Already voted for both and donated what I could to Crowley and Cooke! A lot of money backing Tiffany but I think Trump's unpopularity may counter. We went against Musk money before in WI, we can do it again!
Maybe the Brewers World Series win will help Crowely!( He really did the hard work of keeping them in Milwaukee!)So glad you already voted! Hoping both Crowely and Cooke pull it out tomorrow!!
Sadly rump has no recourse. It is not in his DNA to quit. Stay strong. It will be a bit rocky after the elections and on to January. WE CAN DO IT!
We dropped our ballots in the drop box a couple of weeks ago as did everyone we know. The American people are fed up and the numbers confirm it. I agree with others though, that gut punch when Harris /Walz lost was hard.
Can’t wait for Democrats to take the helm and shut down the grift, fraud, and disinformation that is destroying the federal government.
Thanks again Scott,
Go Blue Poems
A new poem daily until after the election.
Think about the corruption of values Republicans have shown supporting and defending a man credibly accused of abusing women and children. Shameful.
Our forefathers gave us a Constitution to follow
Trump's damage to our country is hard to swallow
Democracy means we are governed by the citizens
We elect our representatives to be more than just denizens
The war that he won on day one is still going on
We pay more so oil companies profits keep piling on
Our costs of raising a family keep on rising
Trump's war having us paying more is not surprising
Republicans take their oaths to the Constitution
Not to a corrupt president who seeks retribution
Our country is made up of many different races
Trump doesn't see people, only red and blue places
This president's focus is only on his own troubles
The Republican party keeps living in their bubbles
Trump and his cronies are running this town
Trump and his policies are keeping us down
Mr. President, it's not very manly. You always whining
Your Pardons were disgusting and defining
Trump uses the sacrifice of others as his to clone
Crosses are not props for him to climb on or own
Jackie Kennedy's rose gardens is gone
For cage fighting on the front lawn
We haven't forgotten about the Reflection Pool debacle
Costing us over 20 million, it is still empty, and a spectacle
You torn down the East Wing without approval
You don't own it, and the ballroom needs removal
You are a temporary tenant of the Whitehouse
The rendering of the ballroom looks like a golden outhouse
You were elected president to make our lives better
Not to enrich yourself or to become our debtor
You have broken your oath to the Constitution
The country will be voting soon, seeking a solution
Republicans are hiding the Epstein files, that will expose the President
It is our country's shame, but it is only Trump's embarrassment
Voting is our duty and Constitutional right
It is time for everyone to vote and join the fight.
Please restack and share my poems on FB and elsewhere, so the message is seen. Thanks, Packy Paules ✌️
I will vote in person tomorrow, and the elections I'm most focused on are here in Minnesota. The Republican candidate has most of her campaign funds coming from outside of MN. And she is a staunch supporter of the current administration, continues to advocate FOR mental health services & AGAINST sensible gun control. In spite of the kids and teachers murdered at Annunciation School last year. She had an opportunity to do something then, and she declined. She also attacks the other candidate, Amy Klobuchar, for not doing something about fraud in MN while SHE, Lisa Demuth, was House Speaker at the time and had every opportunity to deal with fraud and again, did nothing. I'd like to see voters mop the floor with her campaign. She is a disgrace to MN. And then, there is Mr. Tom Emmer, who I hope will also be swept from office. djt bootlicker.
Now who can sue Trump and his minions for Election Interference
People in DOJ should go to JAIL for this assault on voting and democracy
Holding a collective breath for strong irrefutable results. Hopefully investigations and even criminal referrals will begin into the blatant corruption and waste of monies that this regime has been undertaking against the people of the United States (and world). And impeaching Hegseth is a good step too (how do we get rid of mafia attorney Blanche and the behind the scenes ringleader Vought?)
OH... and here's a big one -- figure out how to get Elon Musk OUT of our defense/communications/space exploration arena... need to bring this back in house and out of the hands of rogue whacky profiteers.
Voted 🗳 ☑️
Watching them all 👀 ‼️‼️
If American voters successfully secure our Constitutional Democracy, the very first thing I want the entire world to do is CELEBRATE a critical first step toward recapturing the incredible potential of our young nation.
Thanks Scott for all the work you and your team have been doing these past 2 years. It has been brutal to watch what these buffoons have done to this country. Tomorrow we get to take it back. Hold them accountable and end this tyranny. I feel good about the early vote and the high turnout. I think we will flip 7+ Senate seats and am confident Mike Johnson is done in the House. They may try to interfere, but I have confidence in their incompetence. Time to hire a good lawyer.
Onward!
"and then he took it to federal court." - it's called, don't mess with ordinary, patriotic Americans! The cult won't know what hit it - buh-BYE!
My anxiety is through the roof!