Georgia: “Trump’s state of mind central to Fulton DA’s investigation”

December 24, 2021, 7:20 amUncategorizedRick Hasen

Atlanta Journal-Constitution: Should Fulton County prosecutors decide to advance a case against Donald Trump, a key factor they must prove is that the former president knew his conduct was unlawful as he sought to overturn the 2020 election… Continue reading

“Thompson says Jan. 6 committee focused on Trump’s hours of silence during attack, weighing criminal referrals”

December 24, 2021, 7:19 amUncategorizedRick Hasen

WaPo: The House committee investigating the Jan. 6 attack on the Capitol is focusing intently on Donald Trump’s actions that day as it begins to discuss whether to recommend that the Justice Department open a criminal investigation into the former… Continue reading

“Biden says he supports filibuster carve-out for voting rights”

December 23, 2021, 4:29 pmUncategorizedRick Hasen

CNN: President Joe Biden says he supports making an exception to the Senate filibuster rules in order to pass voting rights legislation.”If the only thing standing between getting voting rights legislation passed and not getting passed is the filibuster,… Continue reading

Election Law & Executive Privilege

December 23, 2021, 4:23 pmelection subversion risk, Supreme CourtNed Foley

Now that Trump’s claim of executive privilege regarding January 6 is at SCOTUS, should the election law community deliberate, and weigh in at all, about the relationship between an incumbent president’s claim of confidentiality with respect to official matters and… Continue reading

Prepare for Upcoming Originalist Arguments That Trump Cannot Be Disqualified to Run for President Under Section 3 of the 14th Amendment

December 23, 2021, 4:18 pmelection subversion riskRick Hasen

Gerald Magliocca: We are approaching the first anniversary of January 6th. One issue that may eventually be litigated is whether Section Three of the Fourteenth Amendment applies to former President Trump. On that point, I want to present some… Continue reading

“States United Democracy Center, Protect Democracy, and Law Forward Release Year-End Updates on Trend of Election Hijacking Bills in State Legislatures”

December 23, 2021, 4:14 pmelection subversion riskRick Hasen

Release: The States United Democracy Center, Protect Democracy and Law Forward today released an end-of-year update to their Democracy Crisis in the Making series, which analyzes the nationwide election hijacking trend in state legislatures seeking to politicize, criminalize, or… Continue reading

Must-Listen at NPR: “The clear and present danger of Trump’s enduring ‘Big Lie'”

December 23, 2021, 8:28 amelection subversion riskRick Hasen

Chilling audio reporting from NPR’s Melissa Block, featuring Tim Snyder, Carol Anderson, and me.

“The Obscure Charge Jan. 6 Investigators Are Looking at for Trump”

December 23, 2021, 8:24 amelection subversion riskRick Hasen

Daily Beast: As federal prosecutors increasingly use an obscure criminal charge to jail Jan. 6 insurrectionists, congressional investigators seem to be building a case that could result in that same charge against former President Donald Trump.A third of the… Continue reading

“Crisis of Command: The Pentagon, The President, and January 6”

December 23, 2021, 8:20 amUncategorizedRick Hasen

Just Security: One of the most vexing questions about Jan. 6 is why the National Guard took more than three hours to arrive at the Capitol after D.C. authorities and Capitol Police called for immediate assistance. The Pentagon’s restraint… Continue reading

“Tom Rice says he regrets his decision to vote against certifying President Joe Biden’s election on Jan. 6.”

December 23, 2021, 8:17 amUncategorizedRick Hasen

Politico reports.

“Republicans are trying to pin the ‘Big Lie’ on Stacey Abrams”

December 23, 2021, 8:15 amUncategorizedRick Hasen

Politico: Georgia Republicans have wasted no time making Stacey Abrams’ 2022 gubernatorial bid all about 2018.In ads, speeches and op-eds, the GOP is hearkening back to Abrams’ first campaign for governor, emphasizing her final speech, which she said was… Continue reading

“Kristof faces residency questions in Oregon governor’s race”

December 23, 2021, 8:11 amUncategorizedRick Hasen

AP: Elections officials in Oregon are seeking more information to determine whether former New York Times columnist Nicholas Kristof is eligible to run for governor.Kristof announced his candidacy last October and on Monday officially filed paperwork to run as a… Continue reading

Could bipartisan democracy-protection have worked? Could it still?

December 23, 2021, 5:35 amalternative voting systems, election subversion risk, political parties, primariesNed Foley

There has been skepticism voiced by some about my suggestion that, after January 6, Democrats in Congress should have pursued a strategy of finding at least ten GOP Senators to support the kind of structural electoral reform, like a majority-winner … Continue reading

Must-read WaPo: “Inside the nonstop pressure campaign by Trump allies to get election officials to revisit the 2020 vote”

December 22, 2021, 7:22 pmelection subversion risk, fraudulent fraud squadRick Hasen

WaPo: More than a year after Donald Trump lost the presidency, election officials across the country are facing a growing barrage of claims that the vote was not secure and demands to investigate or decertify the outcome, efforts… Continue reading