The Attempt to Hold Donald Trump Responsible for Election Subversion Ends with a Whimper, and With Renewed Dangers for American Democracy

January 14, 2025, 11:25 amelection subversion riskRick Hasen

The attempt to hold Donald Trump accountable for seeking to illegally overturn the results of the 2020 election ended shortly after midnight on Tuesday with a whimper, as the United States Department of Justice posted online special counsel Jack Smith’s… Continue reading

“Fifteen Years Later, Citizens United Defined the 2024 Election”

January 14, 2025, 10:10 amcampaign finance, Supreme CourtRick Hasen

New analysis from the Brennan Center.

Is PR the panacea?

January 14, 2025, 9:39 amUncategorizedNed Foley

The New York Times has a big piece posted this morning by Jesse Wegman and Lee Drutman advocating for using proportional representation (PR) to elect members of the federal House of Representatives (and expanding the size of the House to… Continue reading

“Special Counsel Report Says Trump Would Have Been Convicted in Election Case”

January 14, 2025, 8:44 amDepartment of Justice, election subversion riskRick Hasen

NYT: Jack Smith, the special counsel who indicted President-elect Donald J. Trump on charges of illegally seeking to cling to power after losing the 2020 election, said in a final report released early Tuesday that the evidence would have been… Continue reading

“How to Fix America’s Two-Party Problem”

January 14, 2025, 8:35 amalternative voting systemsRick Hasen

Jesse Wegman and Lee Drutman in NYT Opinion advocating for proportional representation for Congress.

“Jan. 6 committee members talk to White House about pardons”

January 14, 2025, 8:33 amelection subversion riskRick Hasen

Punchbowl: With President-elect Donald Trump set to take office in less than a week, members of the Jan. 6 Select Committee and White House are privately discussing whether to issue presidential pardons to lawmakers who served on the panel, according to lawmakers and… Continue reading

Read the Special Counsel’s Report on Trump’s Attempted Election Subversion in 2020 (My Analysis to Come in the Morning)

January 13, 2025, 9:55 pmDepartment of Justice, election subversion riskRick Hasen

You can read the report at this link.

“News Outlets Take Unusual Steps to Prepare for Onslaught From Trump”

January 13, 2025, 4:04 pmUncategorizedRick Hasen

NYT: Reporters and editors at national newspapers are increasing their reliance on encrypted communications to help shield themselves and their sources from potential federal leak investigations and subpoenas. Multiple media organizations are evaluating whether they have enough insurance coverage to… Continue reading

“Judge Allows Release of Half of Special Counsel’s Report on Trump Cases”

January 13, 2025, 2:12 pmDepartment of Justice, election subversion riskRick Hasen

NYT: A federal judge in Florida cleared the way on Monday for the Justice Department to soon release a portion of a report written by the special counsel, Jack Smith, detailing the decisions he made in charging President-elect Donald J.… Continue reading

Announcing the Winter/Spring Lineup of Safeguarding Democracy Project Events

January 13, 2025, 7:29 amcheap speech, election administration, The Voting Wars, voter registration, Voting Rights ActRick Hasen

We’ve got a great lineup of in person, online, and hybrid events! Tuesday, January 28 Fair Elections and Voting Rights: What’s Ahead in the Next Four Years? Register for the webinar here. In-person registration here. Lunch will be… Continue reading

Supreme Court Rejects Racial Gerrymandering Claim Out of North Dakota Redistricting

January 13, 2025, 7:12 amredistricting, Supreme Court, Voting Rights ActRick Hasen

Michael Li explains:

“‘I Think Things Are Going to Be Bad, Really Bad’: The US Military Debates Possible Deployment on US Soil Under Trump”

January 13, 2025, 7:02 amauthoritarian threats in USRick Hasen

Michael Hirsh for Politico Magazine: According to nearly a dozen retired officers and current military lawyers, as well as scholars who teach at West Point and Annapolis, an intense if quiet debate is underway inside the U.S. military community about… 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

“The ‘Determinative Popular Vote’: Measuring the Margin in U.S. Presidential Elections”

January 13, 2025, 6:53 amelectoral collegeRick Hasen

Mark Haidar and Aidan Calvelli have posted this draft on SSRN (forthcoming, Election Law Journal). Here is the abstract: Presidential elections are often close; that much is clear. But the standard ways of measuring the margins in these elections-the national… Continue reading