Torchinsky, J esq

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=off bs<a href="https://holtzmanvogel.com/people/jason-torchinsky/">
</a><a href="https://holtzmanvogel.com/people/jason-torchinsky/">https://holtzmanvogel.com/people/jason-torchinsky/</a>jason Torchinsky is a partner at Holtzman Vogel, specializing in

campaign finance, election law, lobbying disclosure and issue advocacy

groups. Jason has been recognized by Chambers USA as one of the top

“Government Law” attorneys in the country. He’s also been honored by

Politico as one of the “50 Politicos to Watch,” and Campaigns and

Elections Magazine named Jason a “Rising Star of Politics.”

In addition to his practice counseling clients on compliance with

campaign finance, ethics laws, lobbying disclosure and election laws,

Jason has served as lead counsel in a number of litigation matters

dealing with First Amendment freedoms and election law and redistricting

issues. Representative matters include Pursuing America’s Greatness v.

Federal Election Commission (D.C. Circuit) (challenging an FEC

regulation), Van Hollen v. Federal Election Commission (D.C. Circuit)

(defending an FEC regulation), Martins v. Pidot (Second Circuit)

(prevailing after a district court ordered a special primary), Edwards

v. Vesilind (Va. Supreme Court) (success represented bi-partisan group

of Senators in legislative privilege claim arising from a redistricting

lawsuit) and Harris v. Arizona Independent Redistricting Commission

(U.S. Supreme Court) (representing Arizona’s Secretary of State). 
He has

filed numerous amicus briefs with the U.S. Supreme Court, including one

on behalf of the NRSC and NRCC cited in the Court’s opinion

in McCutcheon v. Federal Election Commission. Jason has also represented

candidates across the country during post-election canvass and recount

processes.

Jason is a frequent speaker on campaign finance and election law

matters, including appearances before the National Conference of State

Legislators, the Republican National Lawyers Association, the Federalist

Society, and the American Association of Political Consultants.

Additionally, Jason serves as an adjunct professor at the College of

William and Mary School of Law, where he teaches about the IRS and

political campaigns. He was recently named a Fellow of the American Bar

Association Foundation.

Prior to joining the firm, Jason was Counsel to the Assistant

Attorney General for the Civil Rights Division at the United States

Department of Justice. During the 2004 election cycle, Jason served as

Deputy General Counsel to Bush-Cheney ’04 and Deputy General Counsel to

the 2005 Presidential Inaugural Committee.

He holds a B.A. in Government and Public Policy from the College of

William and Mary and a J.D. from the College of William and Mary School

of Law. He is a member of the Virginia Bar, the District of Columbia

Bar, the Republican National Lawyers Association and the Federalist

Society.
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<a href="https://www.exposedbycmd.org/2021/11/16/alec-academy-featured-a-whos-who-of-voter-suppression-leaders/" style="text-decoration-line: none; font-weight: bold; outline: currentcolor none medium;">https://www.exposedbycmd.org/2021/11/16/alec-academy-featured-a-whos-who-of-voter-suppression-leaders/</a>
an “Academy” for state lawmakers on voter suppression strategies run by the American Legislative Exchange Council (ALEC) in July featured a veritable who’s who of the right-wing leaders behind this year’s disinformation campaign about voter fraud and assaults on voting rights across the country, documents obtained by the Center for Media and Democracy (CMD) show.While the July 26-28 session was ostensibly led by the dark money group Honest Elections Project, it was organized, hosted, and bankrolled by ALEC, despite repeated claims by its CEO, Lisa Nelson, that the group does not work on voting issues.Nelson provided the formal welcome at the conference’s opening session, ALEC staff organized turnout, and ALEC provided two nights of accommodations at the five-star Grand America Hotel, five meals, and a $450 travel reimbursement for attendees. ALEC’s annual meeting was held at the same hotel immediately after the Academy.An invite published by CMD in July stated that “13 legislators from across the country” would be in attendance, but the materials acquired by CMD do not include an attendance list.Rather than email materials to ALEC lawmakers that may be subject to open records laws, ALEC distributed hard copies of the agenda at registration along with a “zip drive containing a resources document and a one-pager on your state’s election policies,” according to an email from Sarah Wall, ALEC’s manager of legislative outreach and coalitions, obtained by CMD. Wall’s email also lists Michael Bowman, president of ALEC Action, as a key contact for the event.Nelson tipped her hand about ALEC’s voter suppression subterfuge in May at a meeting of the far-right Council for National Policy. Video of the event obtained by CMD shows Nelson speaking frankly about ALEC’s work on voting and revealing its plans to outsource model policy on the controversial topic to avert the spotlight. “We don’t have model policy. We will be developing that at the Honest Elections Project [Academy], through them,” Nelson said.Honest Elections Project, the group ALEC chose to carry the ball on its voting agenda, is a dark money operation formed in February 2020 to push for voting restrictions and spread baseless and dangerous claims about election fraud, laying the groundwork for Trump’s attempt to overturn the election. It is a project of The 85 Fund, the new legal name for the Judicial Education Project, a group linked to Leonard Leo that played a central role in Trump’s effort to pack the federal judiciary with right-wing judges.Speakers at the Academy featured many of the key strategists and leaders on the Right spreading misinformation around voter fraud, promoting Trump’s lies around the 2020 election, and pushing sweeping new voting restrictions.Indiana Attorney General Todd Rokita gave the keynote address. A proponent of Trump’s Big Lie that the election was stolen, Rokita recently testified in front of the U.S. Senate against strengthening the federal Voting Rights Act.Rokita was one of only four state attorneys general to not sign a National Association of Attorneys General letter condemning the Jan. 6 violent insurrection at the U.S. Capitol, and is a member of the Republican Attorneys General Association (RAGA). RAGA was a member of the “March to Save America” coalition that organized the Jan. 6 rally, and its policy arm, Rule of Law Defense Fund, sent out robocalls urging supporters to “march to the Capitol building and call on Congress to stop the steal.”
Agenda Focused on Election LegislationMost of the Academy sessions focused on legislation, giving legislators a chance to discuss bills to restrict voting that have already been introduced and passed in their states this year and hear from Republican-aligned leaders about what more they think needs to be done.By the time ALEC held its voter suppression Academy in July, 18 states had already passed 30 laws this year making it harder to vote, according to the Brennan Center for Justice.The Honest Elections Project’s Executive Director Jason Snead, who worked with ALEC to organize the event, laid out “priorities for election integrity across the states” and polling results in a breakfast session and appeared on another panel on how to “shore up” legislative control over election processes with Jason Torchinsky and Lee Goodman.The Honest Elections Project has aggressively promoted a radical legal theory called the “independent state legislatures doctrine,” which holds that state courts don’t have the authority to review state election laws and would empower heavily gerrymandered state legislatures to determine election outcomes.Republican legislators have already introduced and passed bills in 2021 “interfering with nonpartisan local election administration and consolidating power to administer and determine elections results themselves,” the Voting Rights Lab reported.Snead is a former senior policy analyst with the Heritage Foundation where he developed its Election Fraud Database, which the Brennan Center for Justice says “grossly exaggerated” the extent of voter fraud. Torchinsky is general counsel for the National Republican Redistricting Trust and has been defending ALEC against CMD’s state complaints alleging that ALEC illegally gave sophisticated voter management campaign software linked to the Republican National Committee to its legislative members.Goodman is an elections attorney and a former Republican chairman and commissioner of the Federal Election Commission (FEC) between 2013 and 2018.Jessica Anderson, the executive director of Heritage Action, and Ken Blackwell, executive director of the MAGA voter suppression center at America First Policy Institute led another legislative session on “securing absentee ballots.” Anderson bragged to Heritage donors in April that policies, “severely restricting mail ballot drop boxes” and “preventing election officials from sending absentee ballot request forms to voters” were among recommendations Heritage gave Georgia for its massive voter suppression bill.Blackwell’s Center for Election Integrity recently published a “Top 25 Common-Sense State Election Integrity Reforms” fact sheet that includes these Heritage recommendations alongside other extreme voter suppression wish-list items, such as eliminating no-excuse absentee ballots and requiring an affidavit for absentee applications.Blackwell also moderated a panel at the Academy with state legislators “discussing election challenges they’ve faced in their own states.”Another panel over breakfast covered “things to consider with implementation of laws” related to election day voter registration, “election observer protections,” and organizing seniors to work the polls. Chairman of the U.S. Election Assistance Commission Donald Palmer, a Trump appointee, and Cleta Mitchell, chair of the Conservative Partnership Institute’s Election Integrity Network, led the session.Mitchell is a Big Lie fueler and Trump legal advisor who lost her job at Foley & Lardner following news that she participated in a January call in which Trump asked Georgia election officials to “find” enough votes to make him the winner of the state’s electoral votes.“On Dec. 30, Cleta Mitchell wrote to White House Chief of Staff Mark Meadows and offered to send some 1,800 pages of documents purporting to support claims of election fraud,” The Washington Post Magazine reported. Meadows is now a colleague of Mitchell’s at the Conservative Partnership Institute.Three Republican secretaries of state, Tennessee’s Tre Hargett, Kentucky’s Michael Adams, and West Virginia’s Mac Warner, spoke on a panel about “what policies the states need to employ to make it easier to vote and harder to cheat.”“Easier to vote and harder to cheat” has been a favored talking point of Republicans in recent years.All three are active in the Republican Secretaries of State Committee (RSSC), with Hargett serving as chair and Adams as vice chair. Republican secretaries of state produced a report on “Best Practices for Making It Easier to Vote and Harder to Cheat” for the Republican State Leadership Committee, obtained by CMD. The RSSC holds monthly calls that Commissioner Palmer often attends. Secretary Warner and Palmer also participated in an “off-the-record” Election University session on June 21 as part of the U.S. House GOP’s “Faith in Elections Project,” as first reported by CMD.
ALEC Lawmakers Consider LitigationALEC’s Academy featured two panels on litigation. The first dealt with “anticipating challenges to the Voting Rights Act in Arizona,” legal challenges mounted by Democratic voting rights attorney Marc Elias, and redistricting fights, and was led by with Republican lawyers Torchinsky, Michael Thielen, and Brian Barnes.Thielen is the executive director of the Republican National Lawyers Association and served on the national board of Lawyers for Trump in 2020. Barnes was involved in legal challenges to changes in voting procedures in North Carolina and Pennsylvania last fall.Goodman and Utah’s former Solicitor General Tyler Green led the second panel on “operationalizing litigation challenges.” Noted in the description of the panel are “ways to challenge the scope of litigation attacks on new election integrity legislation (defense) as well as advance the ball on election integrity (offense).”As of Oct. 3, “at least 43 voting cases have been filed in 12 states, and Georgia and Texas lead the way with ten new lawsuits each in 2021,” the Brennan Center reports.
Training Sessions on “the Left”Two trainings focused on “the Left” filled out the remaining agenda at the ALEC Academy. Hans von Spakovsky, senior legal fellow and manager of the Heritage Foundation’s “Election Reform Initiative,” and Ken Cuccinelli, former Trump staffer and chairman of the Election Transparency Initiative, led a session focused on “the Left’s attack on our election system” through “state-level attacks on election integrity legislation” and HR 1, the sweeping voting rights and campaign reform bill pending in Congress....Spakovsky, who was appointed by Trump to his voter fraud myth from the Right for well over a decade.president of the  Scott Walter gave the keynote for a “Mapping the Left Lunch.” Walter and CRC received funding from the Bradley Foundation... ;inspired by CMD’s SourceWatch, called “Influence Watch.” The site was “constructed in partnership with Berman and Company,” run by PR spin doctor Richard Berman, and in collaboration with ALEC.<div style="font-size: small; background-color: rgb(255, 255, 255);">=</div><div style="font-size: small; background-color: rgb(255, 255, 255);">
</div><div style="font-size: small; background-color: rgb(255, 255, 255);"><a href="https://news.yahoo.com/attorneys-remade-supreme-court-now-110017179.html">https://news.yahoo.com/attorneys-remade-supreme-court-now-110017179.html</a></div><div style="font-size: small; background-color: rgb(255, 255, 255);">
</div><div style="font-size: small; background-color: rgb(255, 255, 255);">no lnx many</div><div style="font-size: small; background-color: rgb(255, 255, 255);">
</div><div style="font-size: small; background-color: rgb(255, 255, 255);">awyers for Trump: These lawyers remade the Supreme Court. Now they're fighting to limit voting.

Lisa Riordan Seville and Sally Bronston
November 1, 2020·16 min read
In this article:

    Donald Trump
    Donald Trump
    45th President of the United States

Way back in February, before the pandemic, the lockdowns and the epic lines at polling places, election officials in the battleground state of Michigan got a letter. It said voter registration in 19 counties was "abnormally" high, indicating that they weren't maintaining their rolls.

"Michigan's failure to provide accurate voter rolls violates federal law [and] jeopardizes the integrity of the upcoming 2020 federal election," the letter warned. If officials didn't clean up rolls "bloated with ineligible voters," they'd be taken to court.

The group spearheading the letters, called the Honest Elections Project, describes its mission as a nonpartisan effort to fight fraud, protect every American's right to vote and instill faith in the electoral process.

"Elections should be above the political fray," Executive Director Jason Snead told NBC News. "We're talking about elections from a point of principles, not politics."

Behind Snead's group, however, is a network that includes some of Washington's most powerful conservative figures, with close ties to the Republican Party and the Trump administration. Hundreds of pages of financial records and other documents, some not previously reported, lead back to Leonard Leo, an adviser to President Donald Trump and former executive vice president of the influential conservative legal group known as the Federalist Society.

Although he doesn't hold public office, Leo has spent three decades helping to shift the American judiciary, including the Supreme Court, to the right. Now his network, backed by millions of dollars in untraceable "dark money," is working to reshape the American vote.

Alongside lawyers who also work for the Republican National Committee, Leo and his team during this election cycle have teed up lawsuits about voter rolls, run ads and filed court briefs to support litigation against mail-in voting. Leo is also on the advisory board of Lawyers for Trump, which is recruiting a battalion of lawyers ready to go to court in the wake of the election.

Whatever the outcome of the race, some see Leo's efforts as part of a longer-term strategy by conservatives to hold onto power in the face of demographic shifts that aren't going their way.

"It's a small circle of Republican advisers and donors who are all wrapped up in the same project," said David Daley, the author of "Ratfked," a book about gerrymandering, and a senior fellow at FairVote, which advocates for electoral reform. "The project is using redistricting, voting rights and the courts to ensure long-term Republican power."

Since 1988, Republicans have won the popular vote in a presidential election just once, in 2004. In March, Trump said on Fox & Friends that if the $3.6 billion congressional Democrats had requested to support elections during the pandemic had been approved, "you'd never have a Republican elected in this country again."

"The president always says the quiet part out loud," said Sarah Longwell, a veteran Republican political strategist who broke with the party to co-found Republican Voters Against Trump.

Longwell pushes back against the idea touted by some liberals that the GOP has been engaged in a long-term effort to disenfranchise voters.

She spent years in Republican circles, she said, and "never heard anybody talk about suppressing the vote." But in this cycle, she said, "the lengths a lot of the Republicans are going to affect voting, those to me do look suppressive. Nakedly suppressive."
'Bloated' voter rolls

In June, the Honest Elections Project made good on its threat over voter rolls, joining a local conservative activist to file suit in Michigan. Trump won the state by just 12,000 votes in 2016, the thinnest margin in the country.

Michigan's Democratic secretary of state, Jocelyn Benson, who is fighting the lawsuit, rejects the characterization of state rolls as "abnormally" high. A spokesperson for her office said the project's methodology, which compares current voter registrations to slightly older population estimates, "misleads the public and misunderstands our nation's laws."
Image: Leonard Leo (Carolyn Kaster / AP file)
Image: Leonard Leo (Carolyn Kaster / AP file)

"The goal is 100 percent voter registration, and any suggestion otherwise is antithetical to democracy," the spokesperson said. "Michigan's registration rates are strong because we have had one of the best motor-voter systems in the country."

Snead rejected claims that the suit seeks to suppress the vote, pointing out that Michigan now allows same-day voter registration.

"I would strongly object to the notion that we're trying to stop people from voting when we're talking about cleaning up voter rolls," Snead said. "What we're talking about should be no more controversial than throwing out a spoiled container of yogurt."

Michigan is among at least six swing states that have faced litigation this year over their voter rolls from conservative groups who said keeping voter rolls "clean" protects against election fraud. Voting rights advocates describe them as "purges" that disenfranchise low-income, minority and young voters, who tend both to move more and to vote Democratic.

In a statement, the Trump campaign's deputy national press secretary, Thea McDonald, said: "President Trump has clearly and consistently advocated for stable, understandable rules that will give every American faith in the election's results.

"Democrats have duped the mainstream media into advocating for states to ignore the fact that their voter rolls are inaccurate and outdated," McDonald said, "so that there are tens of thousands unclaimed ballots out there for harvesters to snatch and illegally cast, diluting the will of every eligible voter."

The rolls should be kept up to date, experts said, but officials need to weigh the risk of fraud against that of disenfranchisement.

"There's very, very little evidence of voter fraud based upon voter rolls," said Paul Rosenzweig, a security expert and senior fellow at the R Street Institute, a right-leaning think tank. "There's a lot of evidence that purging voter rolls ends up purging legitimate voters."

Claims of widespread voter fraud have been largely debunked by experts, including Trump's own commission. The organization perhaps best known for asserting them is the Heritage Foundation, whose voter fraud database Snead managed before he moved to the Honest Elections Project. Last year, he was also in Heritage's private election fraud briefing with Republican secretaries of state and active members of the Justice Department, as ProPublica first reported.

While Snead insists that his organization doesn't fight for either party, the lawyers working with him are also leading the Republicans' legal battle over rules for the 2020 contest.

William S. Consovoy, a former clerk to Supreme Court Justice Clarence Thomas, is the head of a boutique Washington, D.C., law firm whose clients include the Republican National Committee and the Trump campaign. His firm has been paid $2 million this year for legal work on behalf of the Republican National Committee and the campaign, according to election filings, which included litigation against mail-in voting in Wisconsin. He is also one of Trump's private attorneys.
Image: William Consovoy (Manuel Balce Ceneta / AP file)
Image: William Consovoy (Manuel Balce Ceneta / AP file)

Before helping Trump with his fight to keep his financial records secret, Consovoy was on the winning side of the Supreme Court case that gutted a key section of the Voting Rights Act, which had prevented areas with histories of racial discrimination from changing their voting rules without federal approval.

Jason Torchinsky, listed as a plaintiff's counsel on the Michigan lawsuit with Consovoy, is a well-known lawyer for conservative dark money groups, including several linked to Leo. He has also represented the Republican National Committee in the past, and he is general counsel for the National Republican Redistricting Trust, the GOP group gearing up to do battle over redrawing state legislative and House district maps in 2021. In September, he represented Pennsylvania's GOP state senators in their unsuccessful Supreme Court petition to block the state's counting of late mail-in ballots.

Further behind the scenes is Leo. A dapper Washington figure who wears distinctive round glasses, he has played a role in placing every one of the six conservative justices on the Supreme Court. In 1991, two years out of law school, he helped prep Thomas for his confirmation hearings.

This year, Leo's network helped to push the confirmation of the court's newest member, Justice Amy Coney Barrett. Justice Ruth Bader Ginsburg died Sept. 18, creating a vacancy. Leo's network immediately pledged to spend millions to advocate for Trump's right to fill the vacancy before the election.

The White House said in a statement that Barrett and Leo didn't speak "after the vacancy arose."

"As President Trump has said, he has no more solemn obligation and no greater honor than to appoint Supreme Court Justices and, as such, it was his decision alone to nominate this well-qualified jurist," White House deputy press secretary Judd Deere said.

Should the election go to the high court, as many think it will, the justices Leo helped to seat will decide it.
Soft power

Leo's influence came from his position at the top of the Federalist Society, which he was instrumental in building. Thirty years ago, the organization was a scrappy island for conservatives in what they viewed as a sea of left-leaning legal institutions. Today, its 70,000 members range from law school students and leading legal scholars to Supreme Court justices and Trump's personal attorneys.

The Federalist Society doesn't litigate or take policy positions. It doesn't have to, because its members have come to occupy positions of power across the legal landscape, said Steven Teles, a political science professor at Johns Hopkins University who wrote a book about the conservative legal movement.

"That's where a lot of the power comes from," he said. "It can coordinate, even in an informal way, across boundaries that government often tends to stovepipe."

Leo moved smoothly across those borders. When a seat on the Supreme Court opened up under a Republican president, he'd take leave from the Federalist Society to organize "the outside coalition efforts," as he did with the confirmations of Justice Samuel Alito and Chief Justice John Roberts.

Until recently, he worked largely "behind the scenes," said Amanda Hollis-Brusky, an associate professor of politics at Pomona College in Claremont, California, and the author of a book about the Federalist Society. "Leo's influence really hasn't been fully felt until the Trump administration."

It began during the 2016 campaign, after the death of Supreme Court Justice Antonin Scalia that February.

Don McGahn, a longtime Federalist Society member who served as the Trump campaign's counsel and would become the White House counsel, realized early that the judiciary could help rally a fractured Republican Party behind a controversial candidate. He pulled together a tight team to talk with Trump about who should fill Scalia's seat.

In March 2016, Leo had a quiet meeting with Trump at McGahn's D.C. law firm, Jones Day. Soon after, the Trump campaign did something unheard of: It released a list of potential Supreme Court nominees, a signal to conservatives that he would do right by them with the judiciary.

"It ended up being the single biggest issue that brought Republicans home to someone they were largely troubled by," Senate Majority Leader Mitch McConnell, R-Ky., told The New York Times.
Image: Don McGahn (Andrew Harnik / AP file)
Image: Don McGahn (Andrew Harnik / AP file)

Leo has always insisted that his mission is intellectual.

"I'm engaged in the battle of ideas, and I care very deeply about our Constitution and the role of courts in our society," Leo told The Washington Post in the paper's investigation into his work. "And I don't waste my time on stories that involve money and politics."

But money and politics have been crucial to his success.
The network

Not long after Trump's victory, Leo stood in the gilded lobby of Trump Tower after a meeting with the president-elect.

Beside him was Kellyanne Conway, Trump's campaign manager and counselor. Leo and Conway knew each other well. Her husband, George, was a longtime Federalist Society member; he has since become one of the right's most ardent "Never Trumpers." And according to ethics filings, in the year before she joined the administration, she did consulting work for at least seven companies and nonprofits with close ties to Leo.

In addition to Leo's role at the Federalist Society, where tax filings show he made about $400,000 a year, he was involved in a constellation of nonprofits and companies supporting conservative causes, fueled by tens of millions of dollars of largely untraceable cash.

For years, Leo's presence in this tangled web "was visible, but it wasn't official," said Anna Massoglia, a researcher at the nonpartisan Center for Responsive Politics, who first wrote about Leo's connection to the Honest Elections Project. "He's been effectively leaving breadcrumbs all over. It's just a matter of finding them and putting it together."

One of the most prominent of the interconnected groups was the Judicial Crisis Network, a Washington, D.C., nonprofit that has been the public relations machine supporting the nomination of conservative, originalist judges to the country's courts. The group has an office in the same building as the Federalist Society.

After Scalia died, the Judicial Crisis Network kicked into gear. Its $7 million campaign helped block President Barack Obama's nominee, keeping Scalia's seat open for the next president to fill.

In January 2017, the group announced that it would spend $10 million to back Trump's pick, who was soon revealed as Neil Gorsuch. Working with the Judicial Crisis Network were several figures who are now official partners in Leo's consolidated dark money network.

There was Greg Mueller, the head of powerful CRC Public Relations, who ran point, according to a news release. He serves with Leo on the board of the anti-abortion rights group Students for Life of America. Leo would later join Mueller at the firm.

There was also Gary Marx, a political strategist and Judicial Crisis Network senior adviser, who worked to build support in key states. Marx now leads the two main tax-exempt groups in Leo's new network, corporation filings show.

In 2018, the network rallied around the nomination of Judge Brett Kavanaugh, which survived the most contentious set of hearings since Thomas faced Anita Hill in 1991. McGahn, the White House counsel at the time, coached Kavanaugh, who disputed accusations that he had assaulted Christine Blasey Ford as a teenager.

Leo's network threw millions at the cause, including buying ads to pressure Democratic senators in red states to vote for confirmation.

CRC reached out to reporters offering quotations from former Kavanaugh clerks. The PR firm was, according to Politico, also behind an ultimately embarrassing effort to exonerate Kavanaugh by claiming that someone else might have assaulted Ford.

After Kavanaugh was confirmed, supporters gathered in the Senate's Mansfield Room for a private reception, Politico reported. Leo, Marx and Jonathan Bunch, Leo's right-hand man at the Federalist Society, were there.

Their quest undoubtedly was driven by a shared vision of the law and limited government. But it was also lucrative.

All told, at least $330 million flowed through nonprofits linked to Leo from 2015 to 2018, according to an analysis by NBC News that built on a Washington Post tally done last year.

Millions flowed back to the men behind it. A company Leo owns in part received nearly $9 million, according to the tax filings of various nonprofits from 2016 through 2018. CRC, Mueller's company, brought in $9.3 million in that period.

During Trump's first term, Leo's network helped him confirm more federal judges than any other administration had done since Jimmy Carter's. In addition to three Supreme Court justices, Trump appointed 220 federal judges, including 1 of every 4 circuit court judges.
No compromises

Leo's network is prepared for whatever follows Election Day.

He began consolidating the existing strands this year. In January, he announced that he was leaving the Federalist Society to officially head up a push to spread "big money and expertise across the conservative movement," as Axios put it.

Leo implied that his effort was an answer to dark money groups on the left, which in 2018 outspent the conservative groups for the first time.

He surrounded himself with a familiar list of names, essentially making his role official in a network he'd helped create.

Leo became chairman of the newly branded CRC Advisors, Mueller's public relations firm. Bunch joined him.

To move the "big money," they revamped two tax-exempt organizations already in their network, with Marx at the helm.

One became The 85 Fund, the fiscal sponsor of the Honest Elections Project.

"The conservative movement is finally adopting some of the left's tactics, but the left is still spending far more," Marx said in a statement, pointing to the Arabella Advisors network, one of the largest left-leaning dark money networks. Like the Honest Elections Project, Arabella has said it is nonpartisan.

The Judicial Crisis Network became an entity underneath The Concord Fund. It has given more than $2 million to the Republican Attorney Generals Association, financial disclosures show. Some of that money has gone to pay consulting and research fees to CRC.

The Republican Attorney Generals Association backed Barrett's nomination to the Supreme Court. Several Republican attorneys general are also part of Lawyers for Trump, the group marshaling legal power for the election, which also includes Leo and Consovoy, the attorney for the Honest Elections Project suit in Michigan.

Leo didn't respond to an interview request or a detailed list of questions. Neither did Consovoy or Torchinsky, the other attorney on the Michigan suit. The Republican National Committee, for which both Consovoy and Torchinsky have worked, didn't respond to a query.

The Federalist Society, where Leo remains co-chairman of the board, reiterated that it doesn't "take a position on legislation, litigation, candidates for office or judicial nominees." The spokesman who sent that response is a senior vice president at CRC Advisors.

The support for conservative attorneys general could also be a sign of what's to come.

Attorneys general have mounted aggressive political challenges to Washington over the past decade. Republicans in Oklahoma and Texas challenged Obama's environmental regulations and the Affordable Care Act. Their Democratic counterparts banded to block Trump policy changes on immigration and cuts to food stamps.

"If Biden wins, Republican AGs in general are going to be a real thorn in the side of a Democratic administration, much like Democratic AGs have been for the Trump administration," said Paul Nolette, an associate professor of political science at Marquette University who runs a database that tracks litigation by attorneys general.

If they rally together to file multistate litigation, as state attorneys general increasingly do, they will have an advantage — the ability to "forum shop" for like-minded judges, choosing which states and which federal courts in which to file their cases. The Trump administration's appointments have broadened their options.

In a politically polarized landscape in which Congress is often gridlocked, policy fights are likely to land at the judiciary's feet. Some may like it that way.

"For partisans, it's an appealing avenue," Nolette said. "It doesn't force the two sides to come to a compromise."

Like an election, he said, a lawsuit is "largely win or lose."
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