Will Donald Trump follow the legal advice he gave to Ted Cruz in 2016 on litigation challenges to ballot eligibility?

August 13, 2023, 10:30 amelectoral collegeDerek Muller

Washington Post, January 5, 2016: “Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” Trump said when asked… Continue reading

“Prof. Michael McConnell, Responding About the Fourteenth Amendment, ‘Insurrection,’ and Trump”

August 13, 2023, 8:14 amUncategorizedJanuary 6Ned Foley

A Volokh Conspiracy post: “Putting together my friends’ broad definitions of ‘insurrection’ and ‘engage,’ and lack of concern about enforcement procedure, I worry that this approach could empower partisans to seek disqualification every time a politician supports or speaks… Continue reading

“Could a Third Party Finally Do It?”

August 13, 2023, 6:49 amUncategorizedpolitical parties, ranked choice votingNed Foley

Gerald Seib in the Wall Street Journal with an extensive analysis on both the recent history and current polarized climate that sets the stage for the prospect that a third-party campaign could roil the 2024 presidential election: “A Pew analysis… Continue reading

“Georgia Is Ground Zero for Trump Exhaustion as Another Indictment Looms”

August 13, 2023, 6:33 amUncategorizedNed Foley

Wall Street Journal analyzes Peach State presidential politics on the premise that it’s a “crucial” state in November 2022 (quoting one campaign operative).

“Georgia prosecutors have messages showing Trump’s team is behind voting system breach”

August 13, 2023, 6:24 amUncategorizedJanuary 6, The Big LieNed Foley

CNN “exclusive” report: “Atlanta-area prosecutors investigating efforts to overturn the 2020 election results in Georgia are in possession of text messages and emails directly connecting members of Donald Trump’s legal team to the early January 2021 voting system… Continue reading

“The strongest part of Trump’s Jan. 6 indictment has its own weaknesses”

August 13, 2023, 6:16 amUncategorizedJanuary 6Ned Foley

Jason Willick in The Washington Post: “Legal scholar (and Post contributing columnist) Edward B. Foley argued last year on the Just Security blog that ‘there are reasons to be wary of prosecuting any claimed electoral votes sent to… Continue reading

“How Trump Benefits From an Indictment Effect”

August 13, 2023, 6:08 amUncategorizedJanuary 6Ned Foley

N.Y. Times analysis: “An adviser to one of Mr. Trump’s rivals, who was not authorized to speak publicly, said Mr. Trump’s legal travails had repeatedly forced his candidate’s campaign to reschedule policy announcements and redo its calendar, describing the… Continue reading

Existential Politics

August 11, 2023, 12:25 pmUncategorizedRichard Pildes

I’ve been saying in recent years, as in this 2017 post here, that our politics has become existential to many on both sides. Existential politics is very different from political polarization. There can be sharp differences between parties when they… Continue reading

“Harris County’s November election results in hands of judge as trial concludes”

August 11, 2023, 11:23 amUncategorizedRick Hasen

Houston Chronicle: Attorneys made their closing arguments Thursday in a case aimed at throwing out Harris County’s November election results, the first to go to trial out of 21 pending lawsuits brought by defeated Republican candidates in hopes of convincing… Continue reading

“GOP lawmaker warns of ‘civil war’ at fundraiser for indicted Trump electors”

August 11, 2023, 10:49 amUncategorizedRick Hasen

WaPo: Michigan state Rep. Matt Maddock (R) warned supporters at a recent fundraiser at his home that a “civil war” would break out or that people would get shot if the government continued to target conservatives, according to audio of… Continue reading

“Judge Limits Trump’s Ability to Comment on Jan. 6 Evidence”

August 11, 2023, 10:46 amUncategorizedRick Hasen

NYT: The federal judge overseeing former President Donald J. Trump’s prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses — and warned Mr. Trump… Continue reading

“Special Counsel Proposes January Date for Trump’s Election Interference Trial”

August 11, 2023, 7:17 amUncategorizedRick Hasen

NYT: The prosecutors overseeing the indictment of former President Donald J. Trump on charges of conspiring to overturn the 2020 election asked a judge on Thursday to set a trial date in the case for early January, laying out an… Continue reading

“Spiraling Legal Bills Threaten Trump With a Cash Crunch”

August 11, 2023, 7:15 amcampaign finance, campaignsRick Hasen

NYT: Donald J. Trump’s legal problems aren’t just piling up — his legal bills are, too. New financial reports show that the former president’s various political committees and the super PAC backing him have used roughly 30 cents of every… Continue reading

“Virginia becomes the latest state to leave nonpartisan election security pact”

August 11, 2023, 7:11 amelection administration, The Voting WarsRick Hasen

NBC News: Virginia formally withdrew from an election information-sharing pact Thursday, becoming the latest state under Republican control to leave the nonpartisan program, which became the subject of conspiracy theories surrounding the 2020 presidential election. “Virginia’s resignation from ERIC is… Continue reading