Category Archives: election subversion risk

Some Idle Speculation About What the Supreme Court Will Do About Trump’s Request to Put His Election Subversion Case on Hold on Immunity Grounds;It’s Potentially Good News for a Trial This Spring/Summer

February 22, 2024, 6:42 pmelection subversion risk, Supreme CourtRick Hasen

As ELB readers know, Donald Trump’s federal district court trial in DC on election subversion charges, that was scheduled for March, has been put on hold as Trump has pursued an “interlocutory” appeal (that is, an appeal in the middle… Continue reading

“Election Deniers Seek to Rewrite the Law”

February 21, 2024, 4:14 pmelection subversion riskRick Hasen

NYT: In the conspiracy-soaked aftermath of the 2020 election, far-right activists clamored to inspect ballots based on elaborate — and false — theories. In Georgia, election deniers pushed for a review that might detect counterfeit ballots because they were not… Continue reading

Free UCLA Law Webinar: February 20, 12:15pm – 1:15pm: “Lessons and Warning Signs: A Conversation with a January 6th Investigator”

February 19, 2024, 8:49 amelection subversion riskRick Hasen

At UCLA Law: Register here for in-person or virtual attendance. Organized by the Promise Institute for Human Rights; co-sponsored by the Safeguarding Democracy Project With introductions by Director of the International & Comparative Law Program, Jess Peake, the conversation will… Continue reading

“Trump VP contender Tim Scott doesn’t want to talk about vice president’s role in certifying election”

February 18, 2024, 4:22 pmelection subversion riskRick Hasen

AP: Sen. Tim Scott, a potential running mate if Donald Trump becomes the Republican presidential nominee, is treading carefully on questions about whether he would have certified the 2020 election had he been vice president at that time. On Jan.… Continue reading

“Multiple Threats Converge to Heighten Disinformation Risks to This Year’s US Elections”

February 16, 2024, 9:53 amcheap speech, election administration, election subversion riskRick Hasen

Lawrence Norden, Mekela Panditharatne, and David Harris at Just Security.

Protect Democracy SCOTUS Brief: It is Against the Public Interest to Stay Trump’s Election Subversion Trial; It Denies Voters Relevant Information About His Actions in 2020

February 16, 2024, 7:52 amelection subversion riskRick Hasen

From the brief: While defendant Trump no doubt hopes that this Court will grant him the absolute immunity from legal accountability he has long sought, his primary strategy is to delay the trial until after the 2024 election for the… Continue reading

Special Counsel Urges Supreme Court to Reject Trump Stay Request to Delay “Election Subversion” Trial on Immunity Grounds, Especially Because It Involves Election Subversion

February 15, 2024, 7:46 amelection subversion risk, Supreme CourtRick Hasen

This footnote in Jack Smith’s filing is particularly interesting and important: A sufficient basis for resolving this case would be that, whatever the rule in other contexts not presented here, no immunity attaches to a President’s commission of federal crimes… Continue reading

“The Supreme Pressure Campaign: Trump Attorneys Gamed Out Which Supreme Court Justices Might Help Them Steal the Election”

February 14, 2024, 7:26 amelection subversion risk, Supreme CourtRick Hasen

TPM: Donnald Trump’s attorneys in 2020 thought that they had one advantage which nobody — not the Democrats, not lower-court judges, not Congress — could outmatch: the Supreme Court. At their most feverish, attorneys for Trump believed that the Supreme… Continue reading

“Election Denial Can’t Overcome Election Certification Protections”

February 13, 2024, 2:16 pmchicanery, election administration, election subversion riskRick Hasen

Lauren Miller: Election certification has long been an unfamiliar term to most Americans, and for good reason. Certification, the statutory process by which officials sign off on the accuracy and completion of election results, usually serves as an important but… Continue reading

Danforth, Luttig et. al SCOTUS Amicus Brief Stresses the Risk of Presidential Immunity for President Accused of Election Subversion

February 13, 2024, 12:01 pmelection subversion risk, Supreme CourtRick Hasen

From the excellent just-filed brief: Here, one dispositive basis that fully sustains the judgment of the D.C. Circuit is that a President does not have immunity to engage in federal statutory crimes to subvert presidential election results and prevent the… Continue reading

“The Legal Coup; New Documents Reveal How Trump Lawyers Sought ‘Chaos’ to Force SCOTUS, or Whoever Else, to Anoint Trump”

February 12, 2024, 7:40 amelection subversion riskRick Hasen

Josh Kovensky for TPM: In late 2020, a group of conservative movement attorneys set out to build a legal pathway by which Donald Trump could stay in power, having lost the election. We’ve known about the outcome of their work… Continue reading

“Exclusive: Biden officials confront limits of federal response in exercise preparing for 2024 election threats”

February 9, 2024, 10:40 amelection subversion riskRick Hasen

CNN: When senior national security officials gathered in the White House Situation Room in December to prepare for the 2024 election, they faced a pair of stark, simulated scenarios that tested the limits of any federal response to election-related chaos,… Continue reading

Elise Stefanik, If She Had Been Vice President in 2020, “Would Not Have Done What Mike Pence Did,” Suggesting She Would Have Acted to Subvert the 2020 Election

February 9, 2024, 7:54 amelection subversion riskRick Hasen

THIS is troubling (via Political Wire).

“Election officials go on offense to prevent disruptions of 2024 vote”

February 9, 2024, 6:53 amelection administration, election subversion riskRick Hasen

Yvonne Wingett Sanchez for WaPo: In training poll workers for this year’s presidential election, Arizona Secretary of State Adrian Fontes is preparing them for a series of worst-case scenarios, including combat. His office is coordinating active-shooter drills for election… Continue reading

Election Law Blog

The law of politics and the politics of law