“The Lawfare Podcast: Rick Hasen and Nate Persily on Replatforming Trump on Social Media”

December 15, 2022, 7:19 amcheap speech, election subversion riskRick Hasen

The Lawfare Podcast: On November 19, Twitter’s new owner Elon Musk announced that he would be reinstating former President Donald Trump’s account on the platform—though so far, Trump hasn’t taken Musk up on the offer, preferring instead to stay on… Continue reading

“January 6, Ambiguously Inciting Speech, and the Overt-Acts Solution”

December 15, 2022, 7:17 amUncategorizedRick Hasen

Alan Rozenshtein and Jed Shugerman have posted this draft on SSRN (forthcoming, Constitutional Commentary). Here is the abstract: A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the… Continue reading

“Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States”

December 14, 2022, 3:19 pmelection law bizRick Hasen

Gretchen Knaut and Shan Wu in Just Security: Following his defeat in the 2020 presidential election, former President Donald Trump and some of his close associates seized upon an array of fringe legal theories in their efforts to overturn… Continue reading

“Trump special counsel Jack Smith lost the John Edwards case — what might that mean?”

December 14, 2022, 12:48 pmUncategorizedRick Hasen

Fascinating oped from Stephen Weissman: Attorney General Merrick Garland’s appointment of Jack Smith as special counsel to oversee two federal criminal investigations involving former President Donald Trump was praised by some of Smith’s former Justice Department colleagues, who highlighted his… Continue reading

“Conservative Activist Poured Millions Into Groups Seeking to Influence Supreme Court on Elections and Discrimination”

December 14, 2022, 9:55 amfraudulent fraud squadRick Hasen

ProPublica: Another case that Leo groups have sought to influence is Moore v. Harper, which could have sweeping implications for American democracy. The question posed in the case is whether the Constitution affords state legislatures the power to create… Continue reading

“Why Corporate Treasury Spending Matters: The Hidden Iceberg”

December 14, 2022, 9:00 amUncategorizedRick Hasen

New from CPA.

“Ohio Senate backs voter ID, host of other election changes”

December 14, 2022, 7:45 amUncategorizedRick Hasen

AP: Ohioans would be required to present photo ID at the voting booth and have fewer days to apply for absentee ballots or to vote early in person under a significantly rewritten bill that sped through committee and floor votes… Continue reading

“Rebound in Confidence: American Democracy and the 2022 Midterm Elections; Bright Line Watch November 2022 surveys”

December 14, 2022, 7:43 amUncategorizedRick Hasen

Details.

“Clock Is Ticking on Chance to Fix the Electoral Count Act; Reforms likely to be folded into the spending bill, but disagreements remain between the House and Senate versions.”

December 14, 2022, 7:17 amelection subversion risk, electoral collegeRick Hasen

The Bulwark reports.

“‘Dark money in politics an even darker place’ now, judges warn”

December 14, 2022, 7:11 amcampaign finance, federal election commissionRick Hasen

WaPo: The partisan split makes the FEC “an unusual agency,” said Commissioner Ellen Weintraub, a Democratic appointee. “Everyone anticipated from the get-go that that was going to make enforcement challenging, and they built in this fail-safe provision that complainants could… Continue reading

“They beat election deniers in the midterm elections. Now they’re gearing up for 2024”

December 14, 2022, 7:07 amelection subversion riskRick Hasen

LAT reports.

“After Bankman-Fried’s arrest, Washington seeks answers — and distance”

December 14, 2022, 6:58 amUncategorizedRick Hasen

WaPo: For others in Washington, the FTX founder’s arrest carried immediate political implications, since federal officials coupled their fraud charges against Bankman-Fried with allegations he conspired to commit multiple violations of campaign finance laws involving donations in the “tens of… Continue reading

Watch Video of ABA’s “Seventh Annual State of Voting Rights Event”

December 14, 2022, 6:53 amVoting Rights ActRick Hasen

You can watch archived video. Here’s information about the speakers.

“Deal to prevent another Jan. 6 included in spending package, Schumer says”

December 13, 2022, 9:13 amUncategorizedRick Hasen

Politico: The upcoming massive year-end spending package will include a revamp of an obscure law that Donald Trump tried to exploit to overturn the results of the 2020 election, Chuck Schumer announced Tuesday. The Senate majority leader also said anticipated additional Ukraine… Continue reading