Digest

This podcast episode delves into the legal and political ramifications of Joe Biden's withdrawal from the 2024 presidential race and the potential nomination of Kamala Harris. The hosts, Preet Barara and Joyce Vance, along with legal expert Rick Hassan, discuss a range of issues, including potential legal challenges to Harris's nomination, the impact of state-specific ballot access rules, and the implications of campaign finance laws. The episode begins by examining potential legal challenges that could arise from Biden's withdrawal, focusing on ballot access deadlines, the use of campaign funds by Harris, and claims that the nomination process is illegitimate. The hosts explore the legal basis for such challenges, including the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and the role of state-level rules. The discussion then shifts to the practical aspects of ballot production and the impact of UOCAVA on election timelines. The hosts explain how these factors influence the timing of legal challenges and the overall election process. The episode also addresses the claim that Biden's withdrawal and Harris's potential nomination constitute a "coup," debunking this argument by explaining the democratic process involved in presidential nominations, including the role of delegates and party rules. The hosts then analyze the potential use of the Biden-Harris campaign funds by Kamala Harris if she becomes the nominee, examining the legal implications of this scenario, including the limits on candidate-to-candidate transfers and the potential for legal challenges from Republicans. The episode concludes by exploring the broader context of election litigation in the United States, highlighting the increase in lawsuits since the 2000 election. The hosts anticipate continued litigation throughout the election cycle and the potential for challenges even after election day.

Outlines

00:00:00

Legal Challenges and the Democratic Nomination

This episode explores the legal and political implications of Joe Biden's withdrawal from the 2024 presidential race and the potential nomination of Kamala Harris, examining potential legal challenges, campaign finance issues, and the broader context of election litigation.

00:00:33

Ballot Access Deadlines and State-Specific Rules

The hosts delve into specific state-level rules regarding ballot access deadlines, particularly in Ohio and Washington state. They discuss the potential for legal challenges based on these deadlines and the arguments that could be made.

00:09:30

Campaign Finance Implications and the Biden-Harris War Chest

The discussion turns to the potential use of the Biden-Harris campaign funds by Kamala Harris if she becomes the nominee. The hosts analyze the legal implications of this scenario, including the limits on candidate-to-candidate transfers and the potential for legal challenges from Republicans.

00:27:10

Ongoing Election Litigation and the Fight Till Inauguration Day

The hosts discuss the broader context of election litigation in the United States, highlighting the increase in lawsuits since the 2000 election. They anticipate continued litigation throughout the election cycle and the potential for challenges even after election day.

Keywords

Q&A

• What are the potential legal challenges that could arise from Biden's withdrawal from the presidential race?

  Potential challenges include disputes over ballot access deadlines, the use of campaign funds by Kamala Harris, and claims that the nomination process is illegitimate.

• How do state-specific ballot access rules impact the timing of the Democratic nomination?

  States have different deadlines for candidates to qualify for the ballot, and these deadlines can create potential conflicts if the Democratic convention is held late.

• What is the "coup" argument being made by some Trump supporters, and why is it inaccurate?

  The argument claims that Biden's withdrawal and Harris's potential nomination constitute a coup. This is inaccurate because the nomination process is governed by party rules and is not a violent overthrow of power.

• What are the legal implications of Kamala Harris potentially using the Biden-Harris campaign funds?

  There are limits on candidate-to-candidate transfers, and Republicans may challenge Harris's access to these funds. However, most campaign finance lawyers believe she is legally entitled to use them.

• Could state-level legal action be taken against the Harris campaign, and what are the potential consequences?

  While unlikely, state-level legal action is possible, particularly regarding campaign finance violations. Lawyers who bring frivolous claims could face sanctions under Rule 11.

• How do campaign donations work in this scenario, and can individuals who have already donated to Biden also donate to Harris?

  If Harris is using the Biden-Harris committee, individuals who have already maxed out their donations to Biden should not donate more. However, there are other avenues for supporting the Harris campaign, such as Super PACs and other political committees.

• What other types of legal proceedings are likely to occur in the lead-up to the 2024 election?

  In addition to challenges related to Harris's nomination, there are likely to be numerous lawsuits regarding mail-in ballots, voter challenges, and other election-related issues.

• What is the significance of the "fight till inauguration day" rhetoric used by some Trump supporters?

  This rhetoric suggests a willingness to challenge the election results even after the official outcome is determined, raising concerns about potential disruptions and challenges to the democratic process.

Show Notes