“Eastman disbarment recommended by State Bar Court’s Review Department; California Supreme Court is next”

June 16, 2025, 12:32 pmchicanery, election subversion riskRick Hasen

At the Lectern: On Friday, the California State Bar Court’s three-judge Review Department came to the same conclusion as a hearing judge over a year ago and recommended the disbarment of President Trump’s former lawyer, John Eastman. (98-page decision and… Continue reading

“Noem urges Poles to elect Trump ally as CPAC holds its first meeting in Poland”

May 31, 2025, 11:38 amUncategorizedinternational electionsJustin Levitt

I somehow missed this AP report from Tuesday, about the current U.S. Secretary of Homeland Security (with a cameo by John Eastman) expressly campaigning in Poland for a particular candidate in tomorrow’s Polish presidential election. (While OLC has interpreted … Continue reading

“The Good Lawyers of January 6”

January 13, 2025, 6:56 amelection law biz, election subversion riskRick Hasen

W. Bradley Wendel has posted this draft on SSRN. Here is the abstract: Much of the response by the community of legal ethics and professional responsibility scholars to the 2020 presidential election has been focused on the wrongs committed by… Continue reading

ELB Book Corner: Mark C. Alexander: “The Campaign Lawyer,” in The Oxford Handbook of American Election Law (Oxford University Press 2024).

December 11, 2024, 12:00 pmELB Book CornerRick Hasen

I am very pleased to welcome to ELB Book Corner several contributors to The Oxford Handbook of American Election Law (Eugene D. Mazo ed. 2024). The 30% discount code for ELB readers is ALAUTHC4. The sixth contribution is from Mark … Continue reading

Trump and Cheseboro filings in the Georgia conspiracy case

December 4, 2024, 11:32 pmchicanery, election law and constitutional law, Supreme Courtdemocratic backsliding, January 6Justin Levitt

As expected, President-elect Donald Trump has filed a motion in the Georgia Court of Appeals to dismiss the conspiracy prosecution against him in Georgia on the basis that “a sitting president is completely immune from indictment or any criminal process,… Continue reading

The Time of Choosing Clause and its constraint on more outlandish Electoral College scenarios

November 1, 2024, 10:51 amelectoral collegeDerek Muller

There have been some doomsday scenarios about activities state legislature might engage in after Election Day. A little context (and a long blog post!) may help explain why state legislatures are not free to do whatever they’d like, contrary to… Continue reading

“Inside the Movement Behind Trump’s Election Lies” (NYT Has 400 Hours of Cleta Mitchell Zoom Calls)

October 28, 2024, 7:07 amelection subversion risk, fraudulent fraud squadRick Hasen

NYT: In the aftermath of Donald J. Trump’s defeat in 2020, one of his election lawyers set out to keep the lies about his loss alive. The lawyer, a well-connected conservative named Cleta Mitchell, knit together grass-roots activists, Republican lawyers,… Continue reading

“RNC is leading the legal charge for Trump amid echoes of 2020 election chaos”

October 25, 2024, 7:35 amelection law biz, The Voting WarsRick Hasen

Lawrence Hurley for NBC News: When a local Republican official in Georgia filed a lawsuit this year declaring that election boards did not have a duty to certify results, the lawyer she turned to was part of the legal team… Continue reading

“The Very Real Scenario Where Trump Loses and Takes Power Anyway”; John Eastman Quoted Saying ECRA is Unconstitutional (It’s Not)

October 20, 2024, 7:33 amelection subversion riskRick Hasen

Politico: Dozens of interviews with people deeply familiar or involved with the election process point to a clear consensus: Not only could Trump make a second attempt at overturning an election he loses, he and his allies are already laying… Continue reading

“Trump’s Big Lie Attorneys Are Back”

October 17, 2024, 4:08 pmelection subversion risk, fraudulent fraud squadRick Hasen

The Intercept: Across battleground states, attorneys who helped former President Donald Trump undermine confidence in the 2020 election results are back at it, filing lawsuits that seed doubt in advance about this year’s outcome. Some of Trump’s attorneys from the… Continue reading

“The Untold Link Between Justice Alito and Trump’s Election Denying Efforts; Mark Martin floated fringe theories to keep Trump in power. Supreme Court Justice Samuel Alito taught with him — even after January 6.”

October 6, 2024, 12:54 pmelection subversion risk, Supreme CourtRick Hasen

Shawn Musgrave for The Intercept: On the evening of January 6, 2021, retired North Carolina Supreme Court Chief Justice Mark Martin had a nine-minute conversation with former President Donald Trump. This call followed weeks of efforts by Martin to find … Continue reading

“Legal Watchdog Group Warns Pro-Trump Lawyers Against Subverting Democracy in November”

September 19, 2024, 7:29 amelection law biz, election subversion riskRick Hasen

NYT: After the 2020 election, legal watchdogs, outraged at some of their colleagues, filed scores of ethics complaints against lawyers who used their skills in questionable ways to help former President Donald J. Trump stay in power. And in the… Continue reading

“What is the Claremont Institute doing back at APSA?”

September 8, 2024, 10:36 amchicaneryRick Hasen

Dave Karpf: Let me tell you a little story about institutional cowardice. The American Political Science Association (APSA) is my primary professional association. Every year, APSA holds a massive convention of political science professors. We present working papers, give feedback,… Continue reading

“Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case”

June 28, 2024, 3:46 pmconflict of interest laws, Supreme CourtRick Hasen

NYT: Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the case, siding with a member of the mob that stormed the Capitol on Jan. 6, 2021. Experts in legal ethics have said that… Continue reading