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From two distinguished experts on election law, an alarming look at how the American presidency could be stolen--by entirely legal means "Their new book asks whether a second Trump attempt to subvert democracy could succeed. Their answer makes for uncomfortable reading."--Ed Pilkington, The Guardian Even in the fast and loose world of the Trump White House, the idea that a couple thousand disorganized protestors storming the U.S. Capitol might actually prevent a presidential succession was farfetched. Yet perfectly legal ways of overturning election results actually do exist, and they would allow a political party to install its own candidate in place of the true winner. Lawrence Lessig and Matthew Seligman work through every option available for subverting a presumptively legitimate result--from vice-presidential intervention to election decertification and beyond. While many strategies would never pass constitutional muster, Lessig and Seligman explain how some might. They expose correctable weaknesses in the system, including one that could be corrected only by the Supreme Court. Any strategy aimed at hacking a presidential election is a threat to democracy. This book is a clarion call to shore up the insecure system for electing the president before American democracy is forever compromised.… (altro)
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We write this book at an uncertain moment. We started it in the shadow of January 6, 2021, the most dangerous legal assault on the integrity of a presidential election in our nation's history. Political leaders of both parties voiced nearly unanimous condemnation after the attack. But that consensus quickly faded when polling showed that the Republican base was still with the president. The Senate acquitted Donald Trump in his second impeachment trial. In the months that followed, MAGA Republicans solidified their support for Trump and the lie that the election of 2020 was stolen from him. The partisan calcification that has plagued our politics over the past decades relegated the violent invasion of the Capitol to "legitimate political discourse" and those criminally prosecuted for perpetrating it to "political prisoners." -Preface
Late on the afternoon of January 4, the plan finally came into view. John Eastman, a law professor and former dean at Chapman University Law School - and former student of Lessig's (in a class that included Elizabeth Cheney) - had been laying the groundwork for months. Until the very end, few had focused on the details of the strategy or the legal theory behind it. That afternoon in the Oval Office, the key player in Eastman's plan listened as the professor tried to convince him to upend two centuries of American democracy. -Chapter 1: A Coup in Search of a Legal Theory
From two distinguished experts on election law, an alarming look at how the American presidency could be stolen--by entirely legal means "Their new book asks whether a second Trump attempt to subvert democracy could succeed. Their answer makes for uncomfortable reading."--Ed Pilkington, The Guardian Even in the fast and loose world of the Trump White House, the idea that a couple thousand disorganized protestors storming the U.S. Capitol might actually prevent a presidential succession was farfetched. Yet perfectly legal ways of overturning election results actually do exist, and they would allow a political party to install its own candidate in place of the true winner. Lawrence Lessig and Matthew Seligman work through every option available for subverting a presumptively legitimate result--from vice-presidential intervention to election decertification and beyond. While many strategies would never pass constitutional muster, Lessig and Seligman explain how some might. They expose correctable weaknesses in the system, including one that could be corrected only by the Supreme Court. Any strategy aimed at hacking a presidential election is a threat to democracy. This book is a clarion call to shore up the insecure system for electing the president before American democracy is forever compromised.