The top Democrats on the House and Senate intelligence committees say they are operating under the presumption that President Trump and his allies will allege fraud related to this year's midterms in order to justify election interference.
"We start with the premise that the president is going to do that. It would be irresponsible not to, speaking as somebody who was in the chamber on January 6, 2021," said Rep. Jim Himes, D-Conn. "We're making the assumption that the president is not going to accept the results of what looks to be a very challenging election for him and his party."
Speaking alongside Himes on Wednesday, Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee, said that one way the president could do that: claiming foreign interference in the voting process.
The White House did not immediately respond to a request for comment.
Himes and Warner are members of the Gang of Eight, senior lawmakers who oversee the nation's spy agencies and receive confidential briefings.
In a briefing for reporters, Warner and Himes said they have made clear to Director of National Intelligence Jay Clayton and other intelligence leaders that they must be immediately reachable by phone on and after Election Day in the event that Trump alleges foreign interference in the election. Or, Himes said, if the president "decides to use allegations of foreign interference as an excuse to seize ballot boxes, question the validity of the election."
"If, at noon on election day, the president announced that the Iranians have undertaken operation," Himes said, "I'm on TV saying 'I'm Gang of Eight and I have received no such briefing, no such information, and I have no reason to believe that this is accurate.'"
"Now, does that end the crisis? No, but that's the first step," Himes said.
Both lawmakers said that they are in close contact with top Trump intelligence officials, even as they allege that those leaders have failed to provide legally-mandated pre-election reports to Congress assessing the state of play regarding foreign election meddling efforts.
"When Jay Clayton assumed his role as DNI, we asked and received the required classified summary of influence and interference," Himes said. "We have not received a bunch of things that we have asked for," including, he said the statutorily required reports about the state of play 120 days, 60 days and 30 days before the election.
The ODNI office did not immediately reply to a request for comment.
The lawmakers said that they had received one classified report on Tuesday from the DNI's office, which detailed what they described as a "grabbag" of intelligence on meddling efforts, including the sort of Russian and Chinese campaigns that have come to be expected in American elections.
"The state of play, I would argue, is Russia, similar to prior occasions, is going after Democrats, usually with misinformation," Warner said. "Iran is probably more looking at disruption in Europe. They've been more anti-Trump. China's been more selective, oftentimes on local races or smaller issues, oftentimes with Chinese nationals involved."
Still, Himes said that there is "a "profound distinction" between those influence campaigns and actual interference in election infrastructure itself, "which is messing around with the voting rolls, with the machines … which is very, very difficult."
Himes specifically emphasized that "we have never seen an operation to actually interfere and, as of now, we are not seeing either the capability or the intent to interfere."
Their preparations for a possible fraudulent claim of foreign interference is one part of a much larger election integrity effort by the Democrats and good governance groups.
"There is a plan there," Warner said, noting that a constellation of more than 75 groups are still meeting on a regular basis, "fully lawyered up." But he suggested that the responsibility to protect democracy is much broader than good governance groups and lawmakers themselves, and extends to the press and the public at large.
"I think any potential mishap, from seating of members of Congress to the count after the fact, I know both of us have spent time with former military members, intel members, business leaders, civil society to make the case that if something happens, you have to speak up," Warner said.
Asked if he thought Republican lawmakers would speak out, the senator replied that hope springs eternal.
"I think everybody realizes what's at stake here. I mean, the irony of celebrating our 250th anniversary and this the first year we had a completely corrupt election?" Warner said. "I think people know what's at stake."
Do you have information about midterm election influence or protection efforts you would like to share? Reach out to Eric McDaniel on Signal at ericmcdaniel.92