An Anti-Abortion Law Firm Joined Disgraced Ex-Kansas Attorney General to Dispute 2020 Election

For many years, attorneys on the Thomas Extra Society have backed provocateurs and lengthy shot causes in hopes of profitable severe restrictions on abortion in the U.S.

As others within the anti-abortion motion distanced themselves from clinic protestors accused of trespassing, vandalism and typically violence, the Thomas Extra Society defended them in civil and prison courtroom. The authorized nonprofit as soon as sided with a Wisconsin pharmacist who refused to fill a contraception prescription on spiritual grounds.

Extra just lately, the Chicago-based group has embraced a far totally different however equally divisive enterprise — relentlessly questioning the integrity of elections. Leaping into the 2020 “Cease the Steal” frenzy, which was constantly discredited, the Thomas Extra Society aggressively pursued scores of lawsuits and complaints throughout the nation.

But for all of the scrutiny given to election denialism and its champions — together with Rudy Giuliani, Mike Flynn and Sidney Powell, former advisers to President Donald Trump — the numerous position performed by the Thomas Extra Society has acquired little consideration.

One in every of its strategists, Phill Kline, tried to persuade state legislatures in swing states to carry off on certifying Joe Biden’s electors, a maneuver that drew the discover of the Home Jan. 6 committee. Kline is the previous legal professional basic of Kansas whose legislation license was suspended indefinitely a decade in the past by the state Supreme Court docket over moral violations. Interviews and data examined by ProPublica present how intently aligned Kline has been with the Thomas Extra Society.

With the overturning of Roe v. Wade, the combat over abortion is more and more taking part in out on the state stage and native elections for legislators and judges have taken on added weight. “That’s why it’s doubly vital for pro-life advocates to make sure the integrity of state and native elections,” one of the group’s attorneys wrote in an op-ed final summer time.

Thomas Extra’s position within the push to vary election legislation shouldn’t be underestimated, say abortion rights teams acquainted with the authorized society’s ways and report.

An examination by ProPublica of Thomas Extra’s 2020 election-law initiative exhibits it helped gas skepticism over President Joe Biden’s victory and the equity of elections in quite a few states.

The authorized machinations haven’t led to large victories in courtroom to date, and in reality Thomas Extra’s efforts have typically drawn ridicule from the bench. In a single such rebuke, a decide concluded that the actual purpose of a Thomas Extra legal professional’s request was “the undermining of a democratic election for President of the US.”

However these persistent authorized challenges mirror the approaches used within the combat over abortion: By no means cease pushing for the trigger in courtroom or legislatures. Play the lengthy sport.

Ilyse Hogue, former president of NARAL Professional-Alternative America, doesn’t doubt the willingness of the Thomas Extra Society or different anti-abortion forces to stay with a method for years, even many years, till they’re profitable.

“One win erases a dozen losses,” she stated. “We noticed that repeatedly on abortion.”

Different anti-abortion teams have likewise turn out to be extra concerned in influencing voting legal guidelines. The Election Transparency Initiative is a undertaking, partly, of Susan B. Anthony Professional-Life America, which works to elect anti-abortion lawmakers. The initiative, established in early 2021, focused federal voter rights laws for defeat. In latest months, it efficiently lobbied Ohio lawmakers to enact a strict voter photograph ID legislation.

By its efforts, the Thomas Extra Society raised its profile in Republican circles and broadened its attraction past its foremost reason behind outlawing almost all abortions. Contributions to the Thomas Extra Society jumped 82% between 2019 and 2020 to just about $17.4 million, monetary paperwork filed with the IRS present. (The group doesn’t launch the names of its donors.)

Initially, the group — which is run by staunch Catholics and named for a Catholic saint and lawyer — centered on defending individuals within the anti-abortion motion. Its most well-known trigger was the many years lengthy protection of Joe Scheidler, founding father of the Professional-Life Motion League, towards the Nationwide Group for Girls.

NOW accused him and others of conspiring to shut down clinics by means of excessive measures, together with blockades and mob violence; it sought a everlasting injunction forbidding the teams from participating in unlawful conduct. Attorneys for Thomas Extra made three journeys to the U.S. Supreme Court docket within the conflict, in the end profitable a 2006 resolution through which the courtroom held that the protests couldn’t be barred beneath extortion or racketeering statutes.

Attorneys for the society, in recent times, even have introduced authorized motion opposing vaccine mandates, homosexual marriage and transgender rights. Then got here Trump and an obsession amongst his followers with proving that he misplaced as a result of election fraud, and a brand new mission emerged.

Alliance Results in New Technique

Lengthy earlier than the Thomas Extra Society and Kline joined collectively on election legislation, that they had a distinct form of relationship. Kline was a shopper.

Kline wanted assist in Kansas, starting in about 2010, preventing skilled misconduct prices arising from his investigation of abortion clinics as legal professional basic and later as a county district legal professional. The state Supreme Court docket in the end suspended his law license indefinitely in 2013 for 11 violations {of professional} conduct guidelines, together with deceptive a decide and grand jury.

Kline thought-about the case towards him to be political and denied performing unethically. All through the battle, he had a key ally from Chicago: legal professional Tom Brejcha, president of the Thomas Extra Society. Based on a 2014 press launch, the Thomas Extra Society underwrote Kline’s attraction of his suspension. The U.S. Supreme Court docket declined to contemplate it.

“We’ve recognized Phill Kline. He’s been a shopper of ours for a very long time. We respect him terribly, ” Brejcha stated in a 2020 webinar.

Kline, who now teaches legislation on the evangelical Liberty College, informed ProPublica he approached the society in 2018 about working collectively to publicize alleged election vulnerabilities. “He brought it to us. We adopted it,” Brejcha is quoted saying within the Catholic publication Our Sunday Customer.

On the time, the integrity of voter rolls was very a lot within the information. Early in 2018, Trump had disbanded a controversial White Home fee he’d set as much as examine voter fraud after quite a few state election companies refused to produce requested voter data. The president made baseless claims that tens of millions of ballots have been forged illegally in 2016, inflicting him to lose the favored vote.

On the society, Brejcha and Kline agreed on a contract that coated 2018 by means of 2021, Kline stated. They referred to as their initiative the Amistad Mission, a reference to an 1839 mutiny aboard a slave ship of that name. References to slavery are frequent within the anti-abortion motion, the place the historic denial of personhood to Black individuals is likened to not treating a fetus as an individual. Kline had already been engaged on a undertaking referred to as The Amistad Journey in his anti-abortion efforts and later included a for-profit firm by that identify in January 2020, itemizing his residence as its principal workplace.

An IRS kind exhibits the Thomas Extra Society paid Kline’s agency greater than $1.4 million in consulting charges in 2020. Kline stated the charges have been for the total size of the contract and helped cowl lots of of 1000’s of {dollars} in bills, together with funds to contractors he employed.

The society declined repeated requests from ProPublica for an interview or to reply particular questions. It offered a three-page memo, nevertheless, highlighting a few of its strategic initiatives and stating: “The core conventional values that the Thomas Extra Society fights to guard — the suitable to life, household values, and spiritual liberty — could be preserved provided that elections are honest and safe.”

Within the 2020 webinar, Brejcha described the society’s crossover into election lawyering as “a pure development” of its work opposing what it considers authorities abuse of spiritual freedom, such because the pressured closing of church buildings throughout COVID-19 lockdowns. “We’re nonpartisan, we’re bipartisan, however we wish the legal guidelines to be enforced in order that the democratic course of shouldn’t be distorted and destroyed,” he stated.

As director of the election undertaking for Thomas Extra, Kline couldn’t argue the authorized circumstances himself due to his moral violations in Kansas, however he oversaw investigators and analysts, employed litigators and devised methods.

Collectively, the society and Amistad moved aggressively. They focused cities, counties, county commissioners, mayors, governors and election officers for authorized motion, specializing in key states Trump misplaced in 2020 — Michigan, Wisconsin, Pennsylvania, Georgia and Minnesota.

Requested whether or not his work concerning elections had any relationship to his ethical objections to abortion, Kline stated in an electronic mail to ProPublica, “Solely within the basic sense that any unjustified disparate remedy beneath the legislation represents an assault on the inherent worth of the person.”

One of many Amistad Mission’s chief arguments in 2020 was that election officers in swing states adopted pandemic-related measures — similar to using drop containers for absentee ballots — that disproportionately aided turnout in Democratic strongholds. The society contended that these native governments positioned their “thumb on the scale” by accepting tens of tens of millions of {dollars} in non-public grants for election administration from a nonprofit backed by Facebook founder Mark Zuckerberg. The cash was awarded to communities throughout 47 states to pay for extra employees, coaching, tools and outreach to voters on safely forged their ballots.

“We now have a company oligarchy that’s attempting to regulate this election course of,” Kline alleged on former Trump strategist Steve Bannon’s “Battle Room” podcast on Dec. 14, 2020.

After receiving complaints unconnected to the Amistad Mission, the Federal Election Commission reviewed the grants last year and decided that Zuckerberg didn’t violate marketing campaign finance legal guidelines, concluding that the grants have been awarded to many jurisdictions and didn’t recommend any partisan motive.

A Litany of Judicial Criticism

In case after case over the Zuckerberg grants, judges discovered no advantage within the arguments offered by attorneys related to Kline and Thomas Extra. They have been subjected to typically stinging rebukes.

In tossing one of many Amistad Mission’s fits in Wisconsin, U.S. District Decide William C. Griesbach wrote that they provided “solely a political argument” and “their temporary is bereft of any authorized argument” that will help their declare.

One other Wisconsin decide, in state courtroom, rejected the Thomas Extra Society’s lawyer’s characterization of the grants as “election bribery,” calling the assertion “ridiculous.”

Likewise, a federal decide in Iowa dominated in a case introduced by the Thomas Extra Society that “the report incorporates no proof” supporting accusations that the grants “pose an precise danger of shaping the result of any election or of favoring any explicit social gathering or candidate.”

Kline stated he strongly disagreed with the judges’ opinions and believed the circumstances have been legitimate.

In Wisconsin, the uproar over the grants grew to become a central aspect of a taxpayer-funded, partisan evaluate of the 2020 election, led by Trump supporter Michael Gableman, a former state Supreme Court docket justice. Erick Kaardal, a Thomas Extra Society legal professional, worked closely with Gableman, who was appointed by the speaker of the state Meeting, a Republican.

A lot of Gableman’s remaining report, released in March 2022, echoed the society’s assertions about non-public election grants and certainly one of its different chief considerations: the validity of some votes from nursing houses. The state Meeting speaker later shut down the inquiry and Gableman got a job with the Thomas More Society.

Regardless of the courtroom losses, the society considers its assault on the Zuckerberg funds to be a significant success as a result of it “blazed the path” for 2 dozen states to ban non-public funding of election administration, in line with the memo Thomas Extra offered.

The group additionally considers its efforts to ban poll drop containers in Wisconsin successful. It didn’t win by means of courtroom motion, however as growing consideration was paid to the drop containers, the state Supreme Court docket dominated their use illegal. 5 cities embroiled in fits introduced by Thomas Extra then deserted their help for the containers and the circumstances have been dismissed.

In a slew of associated authorized actions in Wisconsin and different states, the Thomas Extra Society additionally raised the chance that some nursing residence residents had been in a position to vote regardless of having been declared mentally incompetent; challenged signature verifications for absentee poll functions; and questioned COVID-19 restrictions that restricted some giant gatherings, similar to marketing campaign crowds, however not others, similar to Black Lives Matter protests.

Kaardal filed at the very least 18 administrative complaints with the Wisconsin Elections Fee, starting shortly earlier than the 2020 election. Two are nonetheless pending and the others have been denied, dismissed or withdrawn, in line with the fee.

Kaardal additionally filed at the very least seven lawsuits towards the company, starting simply earlier than the 2020 election. Just one continues to be pending; the remaining have been voluntarily dismissed or led to defeat, in line with the fee.

He didn’t reply to requests for remark.

One Democratic member of the bipartisan elections fee thought the Thomas Extra Society “nitpicked points” within the midst of a lethal pandemic.

Stated Mark Thomsen: “My total sense is that they filed issues that have been redundant and repetitive and served no professional function, in my thoughts, apart from attempting to put on down the employees and waste valuable sources.”

Making an attempt to Overturn the 2020 Outcomes

Loads of names related to Trump’s efforts to overturn the 2020 outcomes are well-known by now. Kline’s shouldn’t be certainly one of them.

However data and interviews present he performed a distinguished position, working largely behind the scenes, in making an attempt to stall the certification of Biden’s victory.

Within the weeks main as much as the Capitol riot, Kline led a gaggle of investigators and litigators figuring out of a northern Virginia resort, attempting to show that illegal exercise had influenced the election.

In a Dec. 1, 2020, press convention, Kline talked about Amistad’s efforts to uncover fraud, saying it had attorneys “in nearly each swing state which can be engaged on our behalf.”

Trump’s authorized group was making comparable efforts, and that group included Jenna Ellis, a former Thomas More Society attorney. Kline informed ProPublica that the Amistad Mission didn’t coordinate with Trump’s group, and the Jan. 6 committee revealed no proof on the contrary.

However data do present Kline and the Trump camp communicated with one another. Former New York Metropolis Police Commissioner Bernard Kerik informed the committee that Kline briefed Giuliani on an allegation a couple of postal truck carrying accomplished ballots throughout state traces, a declare that was later debunked by postal inspectors working with the FBI.

“Amistad shared the outcomes of its investigations and evaluation with quite a few organizations who requested it, together with the media,” Kline informed ProPublica.

Kline pushed exhausting on the concept state legislatures may ask Congress to delay the electoral certification to permit for time to research whether or not legal guidelines have been faithfully adopted.

The Amistad Mission produced an eight-page report titled “Set in Stone?” through which it argued that the “solely Electoral Faculty deadline particularly required by the Structure is midday on January 20,” which is Inauguration Day. The memo acknowledged that each one different deadlines — together with the Jan. 6 date for certifying election outcomes — have been established way back in federal legislation for ease of journey and are “largely not related to a time when electors shouldn’t have to trip horses to Washington, D.C. to vote.”

“For the sake of American democracy and to strengthen our fraying social material, it’s preferable to handle the fraud points earlier than figuring out who’s the following President. The investigations will likely be rigorous and proceed whether or not or not the Electoral Faculty vote is held December 14,” the report states.

In late November 2020 in Michigan, which Biden received, Amistad legal professional Ian Northon petitioned the state Supreme Court docket to take management of all ballots to permit for a “constitutionally sound audit of lawful votes” and provides the state Legislature time “to complete its constitutionally-mandated work to choose Michigan’s electors.”

The state’s excessive courtroom refused. Northon then tried to assist a set of unauthorized Republican electors enter the Michigan state Capitol on Dec. 14, 2020, to signal paperwork purporting to certify Trump the winner. They have been blocked by police.

Talking to reporters that day, Northon stated: “I’m representing a charity referred to as the Amistad Mission, it’s a 501(c)(3), and it’s affiliated with one other charity referred to as the Thomas Extra Society out of Chicago. We filed a number of preelection lawsuits on election integrity.”

However Kline and Northon informed ProPublica that Northon was not, the truth is, working for Amistad at that second. Northon stated that he was referred to as to the state Capitol by a number of lawmakers who have been shoppers and have been locked out of the constructing. That they had beforehand joined an Amistad swimsuit he dealt with. “I attempted to assist them discuss to the police,” he stated in an emailed response. “That doesn’t imply I used to be performing on behalf of Amistad, I wasn’t.”

On Jan. 2, 2021, Kline hosted a convention name with 300 state legislators in an “try and disseminate purported proof of election fraud,” in line with a subpoena issued to him by the Jan. 6 committee.

The briefing included Giuliani; John Eastman, the legal professional behind the idea that Vice President Mike Pence may reject the Electoral Faculty outcomes; White Home commerce adviser Peter Navarro; economist John Lott; and Trump, who reportedly told the lawmakers they have been extra vital than the courts and had the facility to vary the outcomes.

That night, Kline despatched an electronic mail to members on the decision encouraging them to signal on to a joint letter to Vice President Mike Pence urging him to postpone the counting of the electoral vote. The letter requested for at the very least 10 days.

Jan. 6 committee data present Kline requested these keen to signal the letter to answer to a girl who labored for a communications agency based by Mark Serrano, a paid advisor to Trump’s 2020 marketing campaign. Serrano had touted authorized efforts supported by Thomas Extra on Bannon’s podcast, in December 2020, when he talked a couple of lawsuit in Washington, D.C., concerning “the ecosystem that induced this fraud on a large stage to happen.”

Bannon applauded that motion. The decide, nevertheless, was not as happy.

U.S. District Decide James E. Boasberg later fumed that Kaardal, the Thomas Extra Society legal professional, filed within the incorrect courtroom and did not even serve the criticism to his adversaries within the swimsuit. The decide additionally expressed shock on the scope of the request — to have quite a few state and federal election legal guidelines declared unconstitutional and an injunction issued that will stop Pence and Congress from ratifying the electoral votes in key battleground states.

In denying the request, Boasberg dominated that it relied on “a basic and apparent misreading of the Structure.”

“It will be risible have been its goal not so grave: the undermining of a democratic election for President of the US.”

“It Was a Massive Rip-off”

In its final report, the Jan. 6 committee didn’t cite the Thomas Extra Society or the Amistad Mission by identify. However it lumped Kline in the identical bucket as Giuliani, Powell, Eastman and Trump legal professional Cleta Mitchell — saying that in response to Congressional subpoenas, none provided any proof of widespread fraud.

“Not certainly one of them offered proof elevating real questions in regards to the election end result,” the report states. “Briefly, it was a giant rip-off.”

Although subpoenaed, Kline didn’t testify earlier than the committee, a congressional supply confirmed. The committee, which had a Democratic majority, was disbanded this 12 months as Republicans reclaimed management of the Home.

Kline informed ProPublica that he gave the committee over 12 gigabytes of information, together with 107,563 pages of paperwork, in response to the subpoena. “I don’t consider the committee reviewed these supplies, as they declined to schedule an interview with me, the place I used to be pleased to debate the supplies,” he stated in an electronic mail.

He added that he agrees with the committee’s evaluation that there was not enough proof of fraud to overturn the election. “That usually is the case, however that doesn’t imply there’s not proof that requires additional investigation and energy and I consider there may be.”

The society and Kline now not have a proper contract. The society’s election integrity initiative is now headed by its Government Vice President Thomas Olp.

In January of final 12 months, Brejcha wrote that his group will continue to work with and support Amistad however touted “decisive new initiatives.”

“Relaxation assured,” he added, “we imply to press this reason behind election integrity to the hilt, as is our trademark.”

Going ahead, the group plans to work on varied election fronts, together with stopping ineligible individuals from voting, in line with the memo the society offered to ProPublica. The memo expressed considerations that noncitizens and different individuals who don’t have the suitable to vote would possibly sway a detailed election, though there isn’t any proof that demonstrates widespread voter fraud in trendy elections. In Wisconsin, the Thomas Extra Society can be difficult the convenience of acquiring absentee navy ballots.

Kline, in the meantime, is aligned with the American Voters’ Alliance, a nonprofit led by his daughter, Jacqueline Timmer. It’s pushing “mannequin laws” to states that will radically alter how elections are dealt with.

The 23-page blueprint calls on legislatures to arrange bipartisan standing committees that will situation a report recommending whether or not to certify election outcomes. These panels would have the facility to research elections, decide whether or not legal guidelines have been damaged, power native officers to fund forensic audits “by upset candidates,” keep election outcomes when acceptable and even place localities into receivership to make sure elections are run correctly.

Kline informed ProPublica that U.S. elections are “among the many least clear and accountable on this planet.”

“To date,” he stated, “the correct steps haven’t been taken.”