The US Office of Special Counsel has opened an investigation into allegations that the Trump campaign's use of the White House as an Election Day command centre violated federal law, Democratic Representative Bill Pascrell said today.
In a statement, Pascrell said the federal watchdog responded today to his call for a probe, telling him a special unit "has opened an investigation into these allegations to determine if the Hatch Act was violated".
President Donald Trump monitored election returns in the living room of the White House residence on Wednesday, later addressing some 200 supporters gathered in the East Room.
Pascrell had asked the special counsel, Henry Kerner, to investigate reports suggesting that Trump used space in the adjacent Eisenhower Executive Office Building - on the grounds of the White House - as a campaign "war room."
Trump repeats claim of 'rigged' election
News of the inquiry comes at the same time as another incendiary speech from Trump, who again falsely claimed that the US election is rigged.
He accused Democrats of voting "shenanigans" as the result from the election hangs in the balance.
His Democratic challenger Joe Biden earlier appealed for calm as the nail-biting count drags on in five states.
While clinging to wafer-thin leads in Nevada and Arizona, Biden has been chewing into the Republican president's edge in Pennsylvania and Georgia.
The cliff-hanger follows one of the bitterest campaigns in living memory.
The election is projected to have generated the highest turnout since 1900. Biden has so far pulled in well over 73 million votes, the most ever for a US presidential candidate. Trump has drawn almost 70 million, the second-highest tally in history.
In his first public remarks since appearing at the White House in the early hours of Wednesday (US time), the president said: "If you count the legal votes, I easily win.
"If you count the illegal votes they can try to steal the election from us."
Beyond allegations of irregularities, the Trump campaign has not presented any evidence of election fraud.
Speaking from the White House today, the president added: "We were winning in all the key locations, by a lot actually, and then our numbers started getting miraculously whittled away in secret and they wouldn't allow legally permissible observers."
Trump's critics have pointed out his lead is being cut into because he actively discouraged his supporters from voting by mail, while Biden urged his voters to use postal ballots, and it is these votes that are now being tallied in the key states.
The president added: "There's been a lot of shenanigans and we can't stand for that in our country."
Election analysts have argued that the president's claims of Democratic electoral corruption are undermined by the better-than-expected performance of his fellow Republicans in congressional races across the map.
News networks cut away from Trump's briefing
Several news networks, including ABC, CBS and MSNBC, cut away from the president, who spoke for about 15 minutes in the White House briefing room before leaving without taking questions.
As MSNBC cut away from the White House, after the president falsely declared victory, anchor Brian Williams commented, "Here we are again in the unusual position of not only interrupting the president of the United States but correcting the president of the United States."
WATCH: "OK. Here we are again in the unusual position of not only interrupting the president of the United States, but correcting the president of the United States," Brian Williams says on @MSNBC moments into the president's statement tonight. pic.twitter.com/2AliTQuSsr
— MSNBC (@MSNBC) November 6, 2020
The BBC also reported that there was no basis for Trump's claims. The votes still being counted are not illegal votes, as Trump suggests, but legitimate mail-in ballots. They are being counted last because that is standard procedure in certain states, the BBC's North American reporter said.
Mitt Romney, the Utah senator who lost as the Republican presidential nominee in 2012, said: "The votes will be counted. If there are irregularities alleged, they will be investigated and ultimately resolved in the courts.
"Have faith in our democracy, in our Constitution, and in the American people."
Also without naming the president, Illinois congressman Adam Kinzinger said: "If you have legit concerns about fraud present evidence and take it to court. Stop spreading debunked misinformation... This is getting insane."
But Texas congressman Will Hurd, a Republican who did not seek re-election, was more forthright, calling Trump's comments "dangerous" and "wrong".
The Republican governor of Maryland, Larry Hogan, said there is "no defence" of the comments Trump made. In a post on Twitter he said the remarks were "undermining our democratic process".
There is no defense for the President’s comments tonight undermining our Democratic process. America is counting the votes, and we must respect the results as we always have before. No election or person is more important than our Democracy. https://t.co/BOO2iaTsEf
— Larry Hogan (@LarryHogan) November 6, 2020
Briefings risk breaching law - official
Meanwhile, Pascrell said the president was also expected to be briefed in the White House residence and the Oval Office throughout the day by campaign officials, which he said put executive branch officials at risk of violating federal law.
The Hatch Act of 1939 limits the political activities of federal employees, except the president and vice president.
The White House denied any violation of the federal law. "Both the official activity of administration officials, as well as any political activity undertaken by members of the administration, are conducted in compliance with the Hatch Act," said spokesman Judd Deere.
No comment was immediately available from the Office of the Special Counsel.
Pascrell said the Special Counsel's office told him it "was not consulted (by the Trump campaign or White House) on the decision to use space inside the Eisenhower Executive Office Building as a campaign 'war room'."
The agency launched an investigation last month of Secretary of State Mike Pompeo's speech to the Republican National Convention in August, and last year recommended the firing of then-senior Trump adviser Kellyanne Conway for repeated violations.
Special counsel Kerner is a Trump appointee who previously worked for Republican lawmakers in Congress. His office is an independent agency that enforces the Hatch Act. It is not connected to the office of former US Special Counsel Robert Mueller.
Biden stresses need for calm
Earlier today, speaking from his campaign headquarters in Wilmington, Delaware, Biden appealed for calm across the country.
In a brief televised address, the Democratic challenger again expressed confidence he would be declared the winner.
"Democracy is sometimes messy," he said. "It sometimes requires a little patience as well.
"But that patience has been rewarded now for more than 240 years, the system of governance that has been the envy of the world."
He added: "I asked everyone to stay calm. All people to stay calm. The process is working. The count is being completed. And we'll know very soon."
As results gradually trickle in, protests involving both sides have been held in major cities over the vote counting.
- Reuters / BBC