Wednesday, February 28, 2024

Interim Alabama report to ABA Task Force for American Democracy

From: Rob Shattuck <rdshatt@aol.com>
To: bill.ide@akerman.com <bill.ide@akerman.com>
Cc: marty@mitchellmeadows.com <marty@mitchellmeadows.com>; emyang@wstrongllc.com <emyang@wstrongllc.com>; Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; 
[certain personal acquaintances' names and email addresses redacted]
Sent: Tuesday, February 27, 2024 at 09:55:09 AM CST
Subject: Interim report from Alabama regarding the ABA Task Force for American Democracy
Dear Mr. Ide:
As I think you know, I have made extensive communication to the Alabama legal profession and to Alabama parties not in the legal profession, regarding the American Bar Association Task Force for American Democracy. These communications are set out in the following links: (i) Be An Alabama Rootstriker* with Rob Shattuck: Alabama lawyer's pledge re ABA Task Force for American Democracy (al6thcongdist-ihaveuntiljan13.blogspot.com); (ii) Be An Alabama Rootstriker* with Rob Shattuck: Alabama State Bar default re ABA Task Force for American Democracy (al6thcongdist-ihaveuntiljan13.blogspot.com); (iii) Be An Alabama Rootstriker* with Rob Shattuck: Presidential debate in Tuscaloosa & ABA Democracy Task Force conversation event (al6thcongdist-ihaveuntiljan13.blogspot.com); and (iv) Be An Alabama Rootstriker* with Rob Shattuck: American Bar Association "Task Force for American Democracy" (al6thcongdist-ihaveuntiljan13.blogspot.com).
There has been no responsiveness by the foregoing parties to undertake supportive activities for advancing the mission of the ABA Task Force.
In making this report to you, I would first like to focus on clause (i) of the Task Force's below statement of mission:
The mission of the ABA Task Force for American Democracy is to: (i) bolster voter confidence in elections by safeguarding the integrity and non-partisan administration of elections, and by providing support for election workers and officials; (ii) educate Americans on democracy and the rule of law and why they are foundational to every aspect of American lives; and (iii) suggest ideas to the American people for improving and strengthening our democracy and our elections. Our Work (americanbar.org)
The share of Republicans and Republican-leaning independents who believe that President Joe Biden’s 2020 election win was not legitimate has ticked back up, according to a new CNN poll fielded throughout July. All told, 69% of Republicans and Republican-leaners say Biden’s win was not legitimate, up from 63% earlier this year and through last fall, even as there is no evidence of election fraud that would have altered the outcome of the contest.
In a September 16, 2023 email that I have posted in Be An Alabama Rootstriker* with Rob Shattuck: American Bar Association "Task Force for American Democracy" (al6thcongdist-ihaveuntiljan13.blogspot.com) under the caption "Email re parties refusing to try to agree on how elections will be conducted,", I say:
I think for five years those who are involved in determining how elections shall be conducted have harmfully refused to try to agree with one another about the same, and the resultant absence of agreement contributed to and will continue the serious problem in the United States of election outcomes not being accepted by candidates and voters.
Instead of trying to agree on how elections shall be conducted, each side only talks up to its base either that the other side seeks massive voter suppression or that the other side seeks massive election fraud.
Take, for example, practices like mail in balloting, ballot drop off boxes and "ballot harvesting." I submit that contentiousness over those practices has little to do with actual fraud that is associated with such practices and is almost exclusively about beliefs about whether one's side will be benefitted or disadvantaged by the there being more votes cast or less votes cast if the practice is in effect or not in effect.
The two sides refusing to make reasonable efforts to reach reasonable agreements about how elections shall be conducted enables and keeps enabled "irresponsible and extremist rhetoric and positions among elected officials and candidates for elective office" regarding elections in America.
I think Alabama Secretary of State Wes Allen has been an especially culpable party in the foregoing regard. I have tried to press on this per Be An Alabama Rootstriker* with Rob Shattuck: What should Americans do about election integrity? (al6thcongdist-ihaveuntiljan13.blogspot.com) and have been met with unresponsiveness in return. The legal profession in Alabama, to my knowledge, has in no way sought to engage with Secretary Allen about whether he has been complicit with others whose objective is to undermine voter confidence in elections and whether Secretary Allen has not done what he could have done to help bolster voter confidence in elections.
Let me also turn to clause (ii) of the ABA Task Force mission, which is "educate Americans on democracy and the rule of law and why they are foundational to every aspect of American lives."
There is now a raging attack that "The Democrats Are Using Lawfare Against Trump Because They Can't Beat Him Fairly" per House GOP Chair Rep. Elise Stefanik's December opinion piece The Democrats Are Using Lawfare Against Trump Because They Can't Beat Him Fairly | Opinion (newsweek.com).
At this juncture, I am not aware of anything the legal profession in Alabama has done to "educate [Alabamians] on democracy and the rule of law and why they are foundational to every aspect of [Alabamian] lives." or to undertake to evaluate and make public comment concerning the foregoing raging attack that "The Democrats Are Using Lawfare Against Trump Because They Can't Beat Him Fairly".
In a word, this is a "dismal" interim report from Alabama concerning what the legal profession in Alabama has done or is doing to advance the mission of the ABA Task Force for American Democracy.
After I send this email, I will begin selectively sending copies of the email to some of the Alabama parties to whom I have previously communicated regarding the ABA Task Force, with a view to trying to budge them to undertake supportive activities that they have thus far declined to do. While the Alabama State Bar says it is organizationally prohibited from saying or doing anything relative to the ABA Task Force, I am immediately copying the Alabama State Bar on this email, given the Alabama State Bar being the main umbrella organization over the Alabama legal profession.
Also, I have copied this email to a few Alabama lawyers I personally know whom I have previously told about my efforts regarding the ABA Task Force.
Sincerely,
Rob Shattuck

Email re PA Bar Association Young Lawyers Division and ABA Task Force for American Democracy
From: Rob Shattuck <rdshatt@aol.com>
To: maria.engles@pabar.org <maria.engles@pabar.org>
Cc: khandy@balch.com <khandy@balch.com>; cdriver@badhambuck.com <cdriver@badhambuck.com>; Jennifer Buettner <jbuettner@birminghambar.org>; Jon Anderson <janderson@starnesmedia.com>; Christopher Jones <jonesc1@uab.edu>; wbrewbak@law.ua.edu <wbrewbak@law.ua.edu>
Sent: Wednesday, February 28, 2024 at 06:44:56 PM CST
Subject: PA Bar Association Young Lawyers Division and ABA Task Force for American Democracy
Dear Ms. Engles:
Following up on my January 15th email to the Pennsylvania Bar Association Young Lawyers Division regarding the American Bar Association Task Force for American Democracy, I pass along to you the below email I sent to the Task Force giving my interim report from Alabama to the Task Force.
Thanks.
Rob Shattuck
Mountain Brook, AL
[referenced "below email" is above email]

Email re Auburn University and my interim report to ABA Task Force for American Democracy
From: Rob Shattuck <rdshatt@aol.com>
To: Cathleen Erwin <coe0001@auburn.edu>
Cc: wes.allen@sos.alabama.gov <wes.allen@sos.alabama.gov>; john@johnhmerrill.com <john@johnhmerrill.com>; news@theplainsman.com <news@theplainsman.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; vlawson@wsfa.com <vlawson@wsfa.com>; rgarris@leeco.us <rgarris@leeco.us>; auburnucr@gmail.com <auburnucr@gmail.com>; blyman@alabamareflector.com <blyman@alabamareflector.com>; leecodemclub@gmail.com <leecodemclub@gmail.com>
Sent: Thursday, February 29, 2024 at 05:16:03 PM CST
Subject: Auburn University and my interim report to ABA Task Force for American Democracy
Dear Professor Erwin,
I know in October you said the Auburn political science and law & justice faculty wanted to hold off until the American Bar Association Task Force for American Democracy issued its recommendations.
I have sent the below interim report to the ABA Task Force.
The ABA Task Force's first listed mission is to "bolster voter confidence in elections by safeguarding the integrity and non-partisan administration of elections, and by providing support for election workers."
As my below email discusses, I think Alabama Secretary of State Wes Allen has been an especially culpable party in failing to work jointly with Democratic Secretaries of State to bolster voter confidence in elections, and I think Secretary Allen has been complicit with others whose objective is to undermine voter confidence in elections. Further, the legal profession in Alabama, to my knowledge, has in no way sought to engage with Secretary Allen about this.
I think the Auburn political science and law & justice faculty should issue an invitation to Secretary Allen to speak at Auburn and address what I say in my interim report to the ABA Task Force for American Democracy.
In aid of the foregoing suggestion, I am copying Secretary Allen on this email, as well as the previous Alabama Secretary of State John Merrill, and other local parties I have previously contacted about this, with the addition of the Lee County Democratic Club.
Thank you for indulging this further communication to you from me.
Sincerely,
Rob Shattuck
Mountain Brook
[referenced "below email" is top email above]

Email to Capitol Journal re Wes Allen & absentee ballots
From: Rob Shattuck <rdshatt@aol.com>
To: todd@aldailynews.com <todd@aldailynews.com>
Cc: Cathleen Erwin <coe0001@auburn.edu>; bbritt@alreporter.com <bbritt@alreporter.com>; hkoplowitz@al.com <hkoplowitz@al.com>; yaffee@yellowhammernews.com <yaffee@yellowhammernews.com>; csmith@al.com <csmith@al.com>; dale@yellowhammernews.com <dale@yellowhammernews.com>; wes.allen@sos.alabama.gov <wes.allen@sos.alabama.gov>
Sent: Saturday, March 2, 2024 at 03:29:18 PM CST
Subject: Capitol Journal show: Secretary Wes Allen and "absentee ballots"
Todd:
Yesterday, after seeing Capitol Journal's announcement that Secretary of State Wes Allen would be on the show regarding "absentee ballots," I tweeted that I would forward to you emails posted in Be An Alabama Rootstriker* with Rob Shattuck: Interim Alabama report to ABA Task Force for American Democracy (al6thcongdist-ihaveuntiljan13.blogspot.com), in which emails I contend that Secretary of State Wes Allen has failed to work to bolster voter confidence in elections and has been complicit with others seeking to undermine such confidence.
I am writing this email without having seen last night's Capitol Journal show.
I hope that you will read the below email in which I give an interim report from Alabama to the American Bar Association Task Force for American Democracy and that you will consider what my below email says about Secretary of State Allen.
Do you think what I say about Secretary Allen is legitimate? Do you think Secretary Allen should respond to what I say? Are you in a position to ask Secretary Allen to respond?
As the below email indicates, to my knowledge, the Alabama legal profession has not sought to engage Secretary Allen on this matter.
I have contacted Auburn University Political Science Department Chair Cathleen Erwin to urge that the political science and law & justice faculty invite Secretary Allen to speak at Auburn on this matter.
If what I say about Secretary Allen is not legitimate, I wish for someone to say so. I don't want to be putting this out if what I say is not legitimate, but if Secretary Allen declines to rebut what I say and no one speaks up to contradict me, I will seek ways to continue to purvey this.
To the foregoing end, I will copy on this email parties who should be qualified to make respectable comment, one way or the other, on what I say, with the hope that they will do so.
Thanks for bearing with me here, Todd.
Sincerely,
Rob Shattuck
[referenced "below email" is top email above]

Email urging UA to revisit the ABA Task Force for American Democracy
From: Rob Shattuck <rdshatt@aol.com>
To: lane.mclelland@ua.edu <lane.mclelland@ua.edu>
Cc: jbramlett@ua.edu <jbramlett@ua.edu>; cpeacock@ua.edu <cpeacock@ua.edu>; jjohl@ua.edu <jjohl@ua.edu>; jlmaddox@ua.edu <jlmaddox@ua.edu>; rcfording@as.ua.edu <rcfording@as.ua.edu>; rlwagner1@ua.edu <rlwagner1@ua.edu>; aelinken@ua.edu <aelinken@ua.edu>; Kay Norred <knorred@wvua23.com>
Sent: Saturday, March 2, 2024 at 05:42:38 PM CST
Subject: University of Alabama should revisit the ABA Task Force for American Democracy
Dear Ms. McLelland:
Those who oppose Trump believe that SCOTUS accepting review of Trump's Presidential immunity claim and scheduling oral argument for the week of April 22nd means that there will not be a jury verdict, either guilty or not guilty, in the election interference criminal case against Trump before the November election. Further those opposing Trump are concerned that, if Trump is elected, that election interference criminal case (and other criminal cases against Trump) will never be tried and jury verdicts reached.
Those who oppose Trump are interpreting the SCOTUS action as meaning the courts will not hold Trump accountable and that it will up to the American people to hold Trump accountable for his alleged criminal interference with the 2020 election and for other alleged crimes.
These developments prompt me to urge the University to revisit the American Bar Association Task Force for American Democracy, which I previously raised with the University in connection with the December Presidential primary debate at the University, per Be An Alabama Rootstriker* with Rob Shattuck: Presidential debate in Tuscaloosa & ABA Democracy Task Force conversation event (al6thcongdist-ihaveuntiljan13.blogspot.com)
In support, please read the below interim report from Alabama that I sent to the ABA Task Force.
In the report, please note that the Alabama legal profession (to my knowledge) is undertaking no supportive activities regarding the Task Force's mission.
Next, please focus on clause (ii) of the ABA Task Force mission to "educate Americans on democracy and the rule of law and why they are foundational to every aspect of American lives."
Further please take account of the currently raging attack that "The Democrats Are Using Lawfare Against Trump Because They Can't Beat Him Fairly" per House GOP Chair Rep. Elise Stefanik's December opinion piece The Democrats Are Using Lawfare Against Trump Because They Can't Beat Him Fairly | Opinion (newsweek.com).
Thus, the American people are confronted with a great difficulty in connection with the 2024 election.
First, it seems likely the courts will not provide them with jury verdicts of whether Trump is guilty or not guilty of criminally interfering in the 2020 election and guilty or not guilty of other crimes, and the American people will need to reach their own conclusions about Trump being guilty or not guilty of such crimes, and whether Trump should be considered unfit to be President and voters should not vote for him in the November election if they conclude his is guilty of crimes.
Second, the foregoing is exacerbated by the attack that "The Democrats Are Using Lawfare Against Trump Because They Can't Beat Him Fairly" and that jury verdicts, one way or the other regarding Trump, should be considered suspect to begin with, and the American people should not be bothered with trying to reach their own conclusions about whether Trump is guilty of crimes or not.
All of this is potentially overwhelming for the American people (including Alabamians), and they need all the help they can get in trying to work through the foregoing that is confronting them related to making their voting decisions in November.
The University of Alabama is in a position to try to provide some of that help to some Alabamians. I hope the University will undertake to do something in the months ahead before November.
Thank you very much for your attention to this email.
Sincerely,
Rob Shattuck
Mountain Brook
[referenced "below interim report" is top email above]

Email re Alabama lawyers, Alabama business chambers, and Jan. 6th
From: Rob Shattuck <rdshatt@aol.com>
To: hduncan@bcatoday.org <hduncan@bcatoday.org>; sammons@birminghambusinessalliance.com <sammons@birminghambusinessalliance.com>; srose@montgomerychamber.com <srose@montgomerychamber.com>; nhewston@mobilechamber.com <nhewston@mobilechamber.com>; director@homewoodchamber.org <director@homewoodchamber.org>; chamber@vestaviahills.org <chamber@vestaviahills.org>; chamberinfo@shelbychamber.net <chamberinfo@shelbychamber.net>; pelhamchamberofcommerce@gmail.com <pelhamchamberofcommerce@gmail.com>; sandra@leedsareachamber.com <sandra@leedsareachamber.com>
Cc: Brannon Buck <bbuck@badhambuck.com>; Terri B. Lovell <terri.lovell@alabar.org>; Jennifer Buettner <jbuettner@birminghambar.org>; mckinney@watsonmckinney.com <mckinney@watsonmckinney.com>; suzanneduffey@mc-ala.org <suzanneduffey@mc-ala.org>; flatta@burr.com <flatta@burr.com>
Sent: Wednesday, March 13, 2024 at 05:55:11 PM CDT
Subject: Alabama lawyers, Alabama business chambers, and Jan. 6th
Dear Alabama chambers of commerce:
Some of you received the January 8th email appended below, in which I say, "With each passing day, it seems that the work of the American Bar Association Task Force for American Democracy is becoming more critical. and that the business community should be made more aware of it."
For more than six months I have been trying to get the Alabama legal community to undertake activities in support of the yearlong mission of the American Bar Association Task Force for American Democracy. That mission is to:
(i) bolster voter confidence in elections by safeguarding the integrity and non-partisan administration of elections, and by providing support for election workers and officials; (ii) educate Americans on democracy and the rule of law and why they are foundational to every aspect of American lives; and (iii) suggest ideas to the American people for improving and strengthening our democracy and our elections. Our Work (americanbar.org)
As explained in my interim Alabama report to the ABA Task Force that is set out at Be An Alabama Rootstriker* with Rob Shattuck: Interim Alabama report to ABA Task Force for American Democracy (al6thcongdist-ihaveuntiljan13.blogspot.com), I don't think the Alabama legal community has undertaken or is undertaking any activities in support of the ABA Task Force's mission.
In the face of the failure of the Alabama legal community in the foregoing regard, I solicit Alabama chambers of commerce to undertake activities in support of the ABA Task Force's mission.
Trump continues on his relentless campaign to destroy the confidence of Americans in their elections. At a Greensboro, North Carolina rally on March 2nd, Trump said, “Eighty-two percent of the country understands that it [the 2020 election] was a rigged election.” PolitiFact | Trump says 82% says Americans think 2020 election was “rigged.” Polls, polling executives disagree.
One thing the Alabama legal community could do to support the ABA Task Force's mission would be to engage with Alabama Secretary of State Wes Allen about the 2020 election. If Secretary Allen does not believe the 2020 election was rigged, the legal community could work with Secretary Allen on finding ways to communicate to Alabamians that they should not think that the 2020 election was rigged. If Secretary Allen believes the 2020 election was rigged, the legal community could discuss with Secretary Allen how he could best use his position to work with other Secretaries of State, Republican and Democratic, to avoid a "rigging" of the 2024 election or a public perception of a "rigging" of the 2024 election.
If the Alabama legal community is unwilling to do anything, Alabama chambers of commerce should think about doing something.
If your chamber of commerce is amenable to considering what it might do to support the ABA Task Force's mission, I would be pleased to discuss the same with you. Just let me know.
Thank you.
Sincerely,
Rob Shattuck
Mountain Brook
----------------
From: Rob Shattuck <rdshatt@aol.com>
To: sammons@birminghambusinessalliance.com <sammons@birminghambusinessalliance.com>
Cc: hduncan@bcatoday.org <hduncan@bcatoday.org>; srose@montgomerychamber.com <srose@montgomerychamber.com>; nhewston@mobilechamber.com <nhewston@mobilechamber.com>
Sent: Monday, January 8, 2024 at 07:36:04 AM CST
Subject: Birmingham business community and American Bar Association Task Force for American Democracy
Dear Mr. Ammons,
With each passing day, it seems that the work of the American Bar Association Task Force for American Democracy is becoming more critical. and that the business community should be made more aware of it.
The Task Force was created because "The efforts to overturn the 2020 election are a warning that democracy in the U.S. is at great risk." (https://www.americanbar.org/groups/business_law/resources/business-law-today/2023-december/working-to-ensure-enduring-american-democracy/)
Please note that Task Force Goal 1 (set out https://www.americanbar.org/groups/leadership/office_of_the_president/american-democracy/our-work/) is "Endeavor to restore voter confidence in the integrity of our elections."
And then note the news from yesterday that Rep. Elise Stefanik (R-N.Y.) Stefanik won’t commit to certifying the 2024 election results. https://www.aol.com/news/stefanik-won-t-commit-certifying-201812256.html.
With things so going in the wrong direction, and following the Task Force saying to, "Leverage the legal profession to educate the public on the reasons for, and the importance of, democracy and the rule of law," on Friday, I sent the below email to Stan Blanton, Managing Partner of Balch & Bingham and Executive Committee member of the Birmingham Business Alliance.
I hope this email to you helps push forward the foregoing educational objective in the Birmingham business community.
Because this applies to all the business community in Alabama, I am copying the Business Council of Alabama, and the Huntsville, Montgomery and Mobile chambers of commerce on this email (except Chip Cherry of the Huntsville chamber will be emailed using their contact form).
Thank you.
Sincerely,
Rob Shattuck
Mountain Brook

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