Category Archives: election subversion risk

March 14 Free Safeguarding Democracy Project Webinar: “Business’s Role in Preventing Democratic Backsliding Webinar”

March 4, 2024, 1:04 pmelection subversion riskRick Hasen

Looking forward to this online event, March 14 from 12 pm-1 pm PT. It is free but registration is required. March 14, 12pm – 1pm Business’s Role in Preventing Democratic Backsliding Webinar Register here Daniella Ballou-Aares (Leadership… Continue reading

I Spoke to CNN’s Laura Coates About the Supreme Court’s Decision to Slow Walk Trump’s Immunity Appeal in the Election Subversion Case (Video)

February 29, 2024, 7:34 amelection subversion risk, Supreme CourtRick Hasen

You can watch here: I posted my earlier thoughts on the Supreme Court’s surprising timing decision here.

Why Did the Supreme Court Wait So Long to Decide to Set the Trump Criminal Immunity Case for Full Hearing and Argument? It Likely Means No Trial for Trump on Election Subversion Before the Election

February 28, 2024, 3:30 pmelection subversion risk, Supreme CourtRick Hasen

Like many other observers, I thought the relatively long lag time between Donald Trump’s attempt to stay his criminal trial after losing in the district court and the D.C. Circuit meant the Court was not going to grant the… Continue reading

“Exclusive: Key figure in fake electors plot concealed damning posts on secret Twitter account from investigators”

February 26, 2024, 10:33 amchicanery, election subversion riskRick Hasen

CNN: Kenneth Chesebro, the right-wing attorney who helped devise the Trump campaign’s fake electors plot in 2020, concealed a secret Twitter account from Michigan prosecutors, hiding dozens of damning posts that undercut his statements to investigators about his role in… Continue reading

My New One at Slate: “The Biggest Supreme Court Case That Nobody Seems to Be Talking About”

February 23, 2024, 7:34 amcheap speech, election subversion risk, Supreme CourtRick Hasen

I have written this piece for Slate. It begins: On Monday, the Supreme Court will hear arguments in a pair of cases out of Texas and Florida that could force major social media platforms to carry posts from Donald Trump… Continue reading

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

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The law of politics and the politics of law