Reality Check: December 20, 2024
2024 Election Integrity & Security Concerns and Questions: Five Perspectives to Consider
"A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine." Thomas Jefferson
"It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part."
James Madison
The past two weeks have been chaotic to say the very least.
Naturally I have much I might like to say about any number of topics being flonged incestously into shape via the maelstrom—media-outlets in-copulations with the, formerly known as, legacy-press mills; but there simply is not enough time to discuss the many things that I see and think others need to see also.
Tonight’s newsletter topic is simple and to the point, it is intended to offer a variety of valid views, all of which should be given serious consideration in all political theorizing; especially independent settings such as the stacks of Substack.
As noted above it has been chaotic, and I am too tired, and mired in information to develop into usable knowledge for readers of my writings, to produce any long pieces of substantial focus tonight; hence an abbreviated excerptions annotations follows.
Bon Appetit.
With regards to Executive Order (EO) 13848 signed by Trump on September 12, 2018 and subsequently reauthorized by President Biden again this past September 12, 2024:
Section 1. (a) Not later than 45 days after the conclusion of a United States election, the Director of National Intelligence, in consultation with the heads of any other appropriate executive departments and agencies (agencies), shall conduct an assessment of any information indicating that a foreign government, or any person acting as an agent of or on behalf of a foreign government, has acted with the intent or purpose of interfering in that election. The assessment shall identify, to the maximum extent ascertainable, the nature of any foreign interference and any methods employed to execute it, the persons involved, and the foreign government or governments that authorized, directed, sponsored, or supported it. The Director of National Intelligence shall deliver this assessment and appropriate supporting information to the President, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security.
(b) Within 45 days of receiving the assessment and information described in section 1(a) of this order, the Attorney General and the Secretary of Homeland Security, in consultation with the heads of any other appropriate agencies and, as appropriate, State and local officials, shall deliver to the President, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defense a report evaluating, with respect to the United States election that is the subject of the assessment described in section 1(a)1
It would appear to be ninety-days after the “conclusion of a United States election” will pass before any conclusive conclusions will be concluded.
An example of one EO 13848 Joint Report:
Background
This product provides a declassified overview of findings from a classified joint report from the Attorney General and Secretary of Homeland Security addressing the impact of activities by foreign governments and their agents targeting election infrastructure or infrastructure pertaining to political organizations, candidates, or campaigns used in the 2022 US federal elections on the security or integrity of such infrastructure. Pursuant to Executive Order (EO) 13848, the joint report relied on the Intelligence Community Assessment (ICA) addressing foreign threats to the 2022 US elections.2
Are you still following the blue, white, and red bricked road?
Understanding the Impact of Executive Order 13848: An In-depth Explanation
Executive Order 13848: An executive order issued by the President of the United States can have significant implications for individuals, businesses, and government operations. Executive Order 13848 is one such order that has garnered attention due to its impact on various aspects of national security and foreign influence in U.S. elections.
It is essential to understand the implications of Executive Order 13848 to navigate its effects effectively. Here are some key points to consider:
Purpose: Executive Order 13848, titled «Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election,» aims to deter and respond to foreign interference in U.S. elections. It provides a framework for imposing sanctions on foreign individuals, entities, or governments involved in such activities.
Scope: The order authorizes the imposition of sanctions on foreign persons engaged in specified election interference activities, including hacking, disinformation campaigns, and other forms of influence operations targeting U.S. elections.
Sanctions: Sanctions authorized under Executive Order 13848 can include asset freezes, visa restrictions, and prohibitions on financial transactions with sanctioned individuals or entities. These sanctions are intended to deter future interference and hold perpetrators accountable.
Enforcement: The implementation and enforcement of sanctions under Executive Order 13848 are overseen by relevant U.S. government agencies, such as the Department of the Treasury and the Department of State. Compliance with sanctions is crucial to avoid legal repercussions.
Impact: Understanding the implications of Executive Order 13848 is essential for individuals and entities operating in sectors vulnerable to foreign interference, such as technology, media, and political organizations. Compliance with the order’s requirements is necessary to mitigate potential risks.
Overall, Executive Order 13848 underscores the U.S. government’s commitment to safeguarding the integrity of its electoral process and deterring foreign interference. By staying informed about the provisions of the order and its potential impact, individuals and organizations can proactively address compliance requirements and mitigate associated risks.3
Meanwhile ever continuing behind the scenes in the unknown and hidden parts of our so-called “Big Government” important happenings are as always ongoing:
A second Biden-era cybersecurity executive order could be ushered in by year-end during the congressional “lame duck” session if former president Donald Trump wins a second term in the White House, according to people familiar with the matter.
Conversely, if Vice President Kamala Harris were to win the presidency, the order may be handed off to her transition team to potentially enact after she is sworn into the Oval Office in January, said the people, who spoke on the condition of anonymity to be candid about how they’ve been informed of the Biden administration’s thinking.4
This is an area directly related to many readers current concerns and questions, and as can be seen, with a country of 330-million people, making it the third largest population in the world occupying the third largest political geolocation (territory), the occupants of the White House have a lot more on their plates than most people can ever possibly know anything about or understand.
Sources with knowledge of the order told Nextgov/FCW that the forthcoming directive would focus on a slew of cybersecurity topics, including secure by design initiatives, software supply chain responsibilities, IT and operational technology security, internet routing, cryptography management, identity management, artificial intelligence and cyber workforce development.
Advancing the migration to post-quantum cryptography — a scientific standard meant to protect against future quantum computers’ ability to break through traditional encryption methods — is also anticipated to be a starring element in the pending executive action.
The new presidential edict would, in essence, help address areas that were not previously or fully covered in a landmark Biden-era cyber executive order issued in 2021. One person familiar with the process described the new order as a “kitchen sink” decree that would tackle unfinished business in the U.S. cybersecurity policy landscape.
It’s logical for the administration to unveil the executive action if Trump were to retake the White House, said Michael Daniel, a former Obama-era NSC cybersecurity coordinator who now heads the nonprofit Cyber Threat Alliance.
“That line of thinking sounds consistent with what I would expect,” he said in an interview. “A December [release] timing makes sense for if you’ve got a Trump administration coming in, and clearly it would make sense for the Biden administration to cooperate and collaborate with an incoming Harris administration to make sure they weren’t stepping on toes.”
Even in the final months of President Joe Biden’s tenure, the White House is taking strides to wrap up myriad cybersecurity and tech policy agenda items. In late October, the administration released a final rule with the Treasury Department barring outbound investments toward advanced technological fields like AI, semiconductors and quantum computing in an effort to protect U.S. national security posture.
Agencies across the federal ecosystem have been accelerating their internal security posture as part of a maturity deadline to implement zero trust architecture in their systems by the end of the government’s 2024 fiscal year.5
Potential year-end cyber executive order may hinge on election results, people familiar say
So on that note I think that it is indeed accurate and fair to say that the White House is well aware of our concerns and questions; as for what is being done about them that is a different discussion all together.
And last but most certainly not least we come full circle for tonight.
On Sept. 25, 2024, the U.S. House and Senate passed a three-month continuing resolution (CR) that funds the federal government through Dec. 20, 2024. The measure is a “clean” CR that reappropriates funding and extends authorizations to keep the government open past the end of the fiscal year on Sept. 30, 2024.
The CR extends temporary funding at fiscal 2024 levels to all agencies. For example, key programs such as the Port Security Program, the Transit Security Grant Program, the Federal Emergency Management Agency (FEMA) Grant Programs, Nonprofit Security Grant Program, School Violence Prevention Program, and the Bureau of Justice Assistance Program would continue to be funded at fiscal 2024 rates.
In addition to the continuation of these funds, the CR contains provisions that set specific funding levels and authorities, or “anomalies,” to include the following:
Over $350 million in additional funding for security and administrative costs associated with the 2024 presidential election and transition.
$231 million to the United States Secret Service Operations and Support budget for protective operations including the 2024 presidential campaign and national special security events.$47 million to the District of Columbia for Presidential Inauguration costs necessary for emergency planning and security activities.$5 million to the Department of Interior’s National Park Service for security and visitor safety activities related to the presidential inaugural ceremonies.$25 million to the Executive Office of the President for presidential transition administrative support. Over $19 million to the General Services Administration for necessary expenses to carry out the Presidential Transition Act of 1963.
$23 million to the National Archives and Records Administration to carry out transition responsibilities under the Presidential Records Act of 1978.
Extension of emergency funds for FEMA disaster relief.
Extension of critical homeland security authorities for the length of the CR, until Dec. 20, 2024, including Counter-Unmanned Aerial Systems authority and the National Cybersecurity Protection System authority. 6
Resolution Funding Federal Government Through Dec. 20 Includes Security-Specific Measures
[Edited to add the following post-CR voting result with a commentary from AOC]
January, get ready.
I find it very difficult to not see the Administrative war that is clearly and obviously taking place for control of the American Republic.
Thank you for reading,
Robert J. Rei, December
Executive Order 13848—Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election, Donald J. Trump, September 12, 2018, The American Presidency Project, University of California Santa Barbara, https://www.presidency.ucsb.edu/documents/executive-order-13848-imposing-certain-sanctions-the-event-foreign-interference-united
Key Findings and Recommendations from the Joint Report of the Attorney General and the Secretary of Homeland Security on Foreign Interference Targeting Election Infrastructure or Political Organization, Campaign, or Candidate Infrastructure Related to the 2022 US Federal Elections, December 2023, Justice Department, https://www.justice.gov/opa/media/1329451/dl?inline=
Understanding the Current Status of Executive Order 13848, Gold Lawyers Blog, https://abogadosgold.com/constitution/executive-order-13848-still-in-effect/
Potential year-end cyber executive order may hinge on election results, people familiar say, David DiMolfetta, Alexandra Kelley and Natalie Alms, November 4, 2024, Next Gov/FCW, https://www.nextgov.com/cybersecurity/2024/11/potential-year-end-cyber-executive-order-may-hinge-election-results-people-familiar-say/400804
Ibidem
Resolution Funding Federal Government Through Dec. 20 Includes Security-Specific Measures, Lauren Bresette, September 25, 2024, Security Industry Association, https://www.securityindustry.org/2024/09/25/resolution-funding-federal-government-through-december-20-includes-security-specific-measures
Good Morning Robert: Your substack this morning is superb. In conclusion, are you saying there is still a legal way to install Harris as the next President? Anxious to hear your response and sincere thanks for this message. I would very much like to quote you in my current book. Happy holidays and warm wishes, Elizabeth Graham
Robert, could you please help me fill in a few scenarios?! 1 Section 3 of the 14 amendment stands with insurrectionist Trump disqualified for office. Votes are taken in each house and fails the 2/3rd test. T is out. What happens then?
Do Biden/Harris stay in office?
Does JD advance to president.
Does any other line of succession happen?
Or 2) The task force is investigating Trump.
Hope you had another great dinner!