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Oct 16, 2024 | 
lrb.co.uk | Lawrence Lessig |Matthew A. Seligman |Colin Kidd
‘The electoral college is a disaster for a democracy.’ The tweet came in the early hours of 7 November 2012, when it seemed likely that the Republican presidential candidate, Mitt Romney, who had lost the electoral college to Barack Obama, might end up ahead of Obama in the popular vote. In a further message, subsequently deleted, the same tweeter added that Obama had ‘lost the popular vote by a lot and won the election.
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Oct 1, 2024 | 
nytimes.com | Matthew A. Seligman
On Tuesday night, JD Vance will face Tim Walz in what is likely to be the only vice-presidential debate of the 2024 election. As American voters assess Mr. Vance, they should scrutinize whether he has demonstrated the fundamental fidelity to the Constitution that the office requires. Before and after his selection as Donald Trump's running mate, Mr. Vance said repeatedly that if he had been vice president on Jan. 6, 2021, he would have intervened in the electoral count in favor of President Trump.
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Sep 2, 2024 | 
justsecurity.org | Norman Eisen |Matthew A. Seligman |E. Danya Perry |Joshua Kolb
Late on Friday night, Special Counsel Jack Smith and former President Donald Trump submitted a joint status report detailing their clashing proposals for how the prosecution of the former president for his attempt to reverse the results of the 2020 election should proceed. The report comes just days after the government filed a superseding indictment.
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Aug 6, 2024 | 
justsecurity.org | Norman Eisen |Matthew A. Seligman |Joshua Kolb
I. IntroductionII. The Supreme Court’s Immunity FrameworkIII. Applying the Court’s Immunity Decision to the Indictment1. Undisputed Unofficial Conduct2. Alternate Electors Scheme3. Public Statements4. Pressuring State Officials5. Vice President Pence Plan6. Conduct Related to the Congressional Count on January 67. Pressuring the Department of JusticeIV.
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Jun 29, 2024 | 
msnbc.com | Matthew A. Seligman |Joshua Kolb |Norman Eisen
The news that the Supreme Court ruled Friday in favor of a Jan. 6 defendant’s bid to narrow the scope of a charge against him and other rioters has been treated in some quarters as a breakthrough for them — and for former president Donald Trump. But that reaction is misguided. Yes, the court, in Fischer v. United States, narrowed the government’s expansive approach to Section 1512(c)(2), which makes it a crime to obstruct an official proceeding.
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Jun 29, 2024 | 
flipboard.com | Matthew A. Seligman
Liberal View 10 hours ago Here’s what happened the last time Democrats replaced a nominee at the last minute alternet.org - Carl Gibson • 10h After President Joe Biden's flat performance on the debate stage on Thursday night, calls began to circulate for Biden to bow out of the 2024 race … Liberal View 21 hours ago Watch: Nancy Pelosi Gives Ominous Answer on Replacing Biden newrepublic.com - Talia Jane • 21h After Joe Biden’s disastrous debate performance, the former House speaker was asked...
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May 10, 2024 | 
justsecurity.org | Matthew A. Seligman |Ryan Goodman |Norman Eisen
The future of Special Counsel Jack Smith’s prosecution of former president Donald Trump for the alleged 2020 election conspiracy depends on the Supreme Court’s decision on presidential immunity in three ways. First is the scope of Trump’s criminally chargeable conduct. The Court’s ruling on this point will determine which conduct alleged in the indictment is not shielded by immunity—allowing that conduct to be tried. Second is the post-ruling procedures to be followed.
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Apr 23, 2024 | 
foreignaffairs.com | Richard Hasen |Lawrence Lessig |Matthew A. Seligman |Jessica T. Mathews
Two books explore the weaknesses in the U.S. electoral system that could be used to undermine American democracy. Shockingly, the Constitution does not establish the right to vote.
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Mar 1, 2024 | 
justsecurity.org | Norman Eisen |Matthew A. Seligman |Joshua Kolb
On Wed. Feb. 28, the Supreme Court granted certiorari in Former President Donald Trump’s appeal of his federal prosecution for election interference. This article provides an updated overview of the potential timelines for the resolution of Trump’s appeal on the basis of presidential immunity, and the expected dates for the resumption and completion of the criminal trial.
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Feb 16, 2024 | 
msnbc.com | Matthew A. Seligman |Norman Eisen |Fred Wertheimer
Former President Donald Trump asked the Supreme Court on Monday to further delay his criminal prosecution in Washington, D.C., while it considers whether to review his spurious claim of absolute immunity. Special counsel Jack Smith replied Wednesday, well ahead of his deadline of next week, arguing that there was no reason to grant a stay — but that if the court does accept the case, it should move quickly.
