Preparing For Trump’s Next “Big Lie,” with the Election Lawyer Marc Elias
3Digest
The episode begins with a discussion of Donald Trump's history of election denialism, highlighting his claims of a rigged election in 2016 and a stolen election in 2020. Mark Elias, an election lawyer who played a key role in fighting off Trump's legal challenges in 2020, expresses his concerns about the 2024 election, citing the presence of election-denying officials in swing states and the potential for a more effective assault on the democratic process. Elias discusses Trump's tactics to undermine the election, including replacing good election officials with election deniers, using litigation to challenge voting laws, and employing mass voter challenges. He highlights the insidious nature of rule changes in Georgia that allow for local election officials to investigate ballot counts before certification. Elias expresses concern about the use of mass voter challenges, arguing that these challenges are often baseless and pose a threat to voter rights. He emphasizes the increased scale of the problem in 2024 compared to 2020, citing the anticipated increase in litigation and the potential for greater violence. Elias predicts that Donald Trump will declare victory before the ballots are counted in 2024, leading to immediate claims of fraudulent ballot counting and calls to stop the counting process. He acknowledges the potential for chaos but argues that it is not inevitable, emphasizing the importance of accepting the reality of election results.
Outlines
Election Denialism and the 2024 Election
This episode explores the potential threats to the 2024 election, focusing on Donald Trump's history of election denialism and the tactics he and his allies may employ to undermine the democratic process.
Mark Elias's Concerns about the 2024 Election
Election lawyer Mark Elias discusses his concerns about the 2024 election, including the presence of election-denying officials in swing states and the potential for a more effective assault on the democratic process.
Trump's Tactics to Undermine the Election
Elias details Trump's tactics to undermine the election, including replacing good election officials with election deniers, challenging voting laws through litigation, and employing mass voter challenges.
The Potential for Chaos and Violence
Elias predicts that Trump will declare victory before the ballots are counted in 2024, leading to immediate claims of fraudulent ballot counting and calls to stop the counting process. He acknowledges the potential for chaos but argues that it is not inevitable, emphasizing the importance of accepting the reality of election results.
Keywords
Election Denialism
The belief that an election was rigged or stolen, often without evidence, and the refusal to accept the results. This can lead to distrust in democratic processes and undermine the legitimacy of elections.
Mass Voter Challenges
A tactic used to challenge the eligibility of large numbers of voters, often based on unsubstantiated claims or technicalities. This can disenfranchise voters and create obstacles to participation in elections.
Election Administration
The process of organizing and conducting elections, including voter registration, ballot counting, and certification of results. This involves a range of officials and procedures designed to ensure fair and accurate elections.
Litigation
The use of legal proceedings to challenge election laws, procedures, or results. This can be a tool for both protecting and undermining the integrity of elections.
Insurrection
A violent uprising against authority, often aimed at overthrowing the government. The January 6th insurrection was an attempt to overturn the results of the 2020 presidential election.
Swing States
States that are considered to be closely contested in elections, where the outcome can determine the overall result. These states are often targeted by campaigns and are subject to intense scrutiny.
Voter Suppression
Efforts to prevent or discourage people from voting, often through discriminatory laws or practices. This can undermine the principle of one person, one vote and disproportionately affect marginalized communities.
Democracy
A system of government where supreme power is vested in the people and exercised by them directly or indirectly through a system of representation, typically involving periodic free and fair elections.
Q&A
What are some of the key concerns about the 2024 election?
Mark Elias, an election lawyer, expresses concerns about the presence of election-denying officials in swing states, the potential for a more effective assault on the democratic process, and the possibility of a more competent and desperate approach by Donald Trump and his allies.
What tactics are being used to undermine the election process?
Trump and his allies are using tactics such as replacing good election officials with election deniers, challenging voting laws through litigation, and employing mass voter challenges.
How does the use of mass voter challenges threaten the integrity of elections?
Mass voter challenges are often baseless and can disenfranchise voters by creating obstacles to participation in elections. They can also create confusion and distrust in the electoral process.
What is the potential for violence in the post-election period?
Elias acknowledges the potential for violence, citing the January 6th insurrection as a reminder of the dangers of election denialism. He believes that the shift in Republican attitudes towards democracy increases the risk of further unrest.
What is the likelihood of Donald Trump accepting the results of the 2024 election?
Elias believes that Trump is unlikely to accept the results of the election if he loses, predicting that he will declare victory before the ballots are counted and make immediate claims of fraudulent ballot counting.
What can be done to mitigate the risks to the 2024 election?
Elias emphasizes the importance of accepting the reality of election results, regardless of the outcome. He also highlights the need for vigilance and preparedness, including robust legal teams and a strong defense of voting rights.
Show Notes
Of the sixty-five lawsuits that Donald Trump’s team filed in the 2020 election, Democrats won sixty-four—with the attorney Marc Elias spearheading the majority. Elias was so successful that Steve Bannon speaks of him with admiration.
Now Marc Elias is working for Vice-President Kamala Harris’s campaign, and, despite his past victories, Elias says that 2024 is keeping him up at night. The bizarre antics and conspiracy theories of Rudy Giuliani are a thing of the past, Elias tells David Remnick: “We should all expect that they are more competent than they were before. And also Donald Trump is more desperate than he was before. … He faces the prospect of four criminal indictments, two of which are in federal court.” Election-denying officials are now in power in many swing states; Trump has publicly praised his allies on state election boards. Elias fears the assault on the democratic process could be much more effective this time. Still, some things don’t change. “I believe Donald Trump is going to say after Election Day in 2024 that he won all fifty states—that there’s no state he didn’t win,” Elias says. “That is just the pathology that is Donald Trump.”
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