Quick Read

Attorney Mark Elias details the immediate legal challenge against a Trump executive order that sought to centralize voter eligibility and restrict mail-in voting, framing it as an unconstitutional power grab.
Trump's executive order claimed power to create a federal voter eligibility list and restrict mail-in ballots.
Democrats, led by attorney Mark Elias, sued within 24 hours, aiming for swift judicial intervention.
The order is seen as part of a larger strategy to suppress votes, disguised by 'voter ID' rhetoric.

Summary

Attorney Mark Elias, representing the Democratic National Committee and other Democratic groups, discusses the immediate lawsuit filed against a Trump executive order concerning mail-in voting. The executive order claimed the administration could create a national list of eligible voters, dictate which states could send mail-in ballots based on this list, and restrict the Postal Service from carrying ballots not aligned with these rules. Elias emphasizes the strategy of swift, aggressive litigation to prevent the normalization of such actions, contrasting it with past Democratic approaches. He notes the case is assigned to a federal judge who previously ruled against a similar Trump executive order on voting. The discussion also links this executive order to broader voter suppression efforts, including the 'SAVE Act,' which used voter ID as a 'marketing gimmick' for measures like harder voter registration, mail-in ID requirements, and voter purges.
This episode details a direct legal confrontation over a presidential executive order attempting to centralize control over federal elections and restrict voting access. It highlights the immediate legal and political strategies employed to counter perceived unconstitutional actions, providing insight into the ongoing battle over election integrity and voter rights. The discussion underscores the importance of rapid legal response to prevent the entrenchment of policies that could disenfranchise voters.

Takeaways

  • Trump issued an executive order attempting to centralize control over voter eligibility and mail-in ballots.
  • Attorney Mark Elias and the DNC immediately sued, filing within 24 hours to challenge the order's legality.
  • The executive order is viewed as an unconstitutional overreach, violating the President's oath of office.
  • The lawsuit aims for a quick ruling from a judge who previously struck down a similar Trump voting executive order.
  • The order is framed as an extension of broader voter suppression efforts, including elements similar to the 'SAVE Act'.

Insights

1Trump's Executive Order Sought Centralized Control Over Voting

The executive order claimed the President and his administration could create a national list of eligible voters, share this list with states, and restrict states to sending mail-in ballots only to those on the federal list. It also proposed the Postal Service would only carry ballots for individuals on this federally approved list.

The executive order is breathtaking. I mean, it is beyond anything that you could imagine a president of United States claiming the power to do. He basically says that he and his administration will create a list that they're going to create of who is eligible to vote in this country. Okay. They'll then share that list of who they think should be allowed to vote with the states. And the states are only allowed to send out mail-in ballots to people who are on that list. And the postal service, to add one more cherry to the top, the postal service will not carry the mail-in ballots from any state to any person if it's if the states don't agree with this.

2Immediate and Aggressive Legal Challenge Launched

Attorney Mark Elias, representing the Democratic National Committee and other Democratic groups, filed a lawsuit against the executive order within 24 hours of its issuance. This rapid response is part of a deliberate strategy to prevent the unconstitutional actions from gaining a foothold or being normalized through repetition, a perceived mistake from past Democratic responses.

Yeah, we sued him. I mean, I I told him in advance if if he tries to take over voting in this country, he's going to get sued. He's going to get fa sued fast and he's going to lose. Well, he's gotten sued. He got sued fast. We filed within the first 24 hours. ... We cannot let Donald Trump gain a foothold of letting time tick while these illegal and unconstitutional actions settle in. This is I think one of the mistakes that frankly Democrats made in the past is that they they're like, 'Well, what Donald Trump is doing is so clearly illegal. We don't kind of don't have to worry about it.'

3Case Assigned to Judge Who Previously Ruled Against Trump on Voting

The lawsuit challenging the executive order has been assigned to the same federal district court judge in Washington D.C. who previously ruled against a similar anti-voting executive order issued by Trump. This prior ruling stated the president has 'no role' in regulating federal elections, suggesting a precedent for the current case.

The case is assigned back to the same federal district court judge in Washington DC that I sued uh and won the last time Donald Trump passed uh put forward an executive order uh to regulate voting. People don't remember last April he put forward an anti- voting executive order and at that time I sued also on behalf of the Democratic party and we won. And that federal judge said that the that the president has no role, that's the judge's words, no role in regulating um uh the federal elections.

4Executive Order as Extension of Broader Voter Suppression Efforts

The executive order is framed as a continuation of previous attempts to restrict voting, such as the 'SAVE Act.' These efforts use 'voter ID' as a public relations tactic to mask broader measures like making voter registration harder (e.g., proof of citizenship requirements), requiring ID for mail-in voting, outright banning no-excuse absentee voting, and implementing federal voter purge lists.

The Save Act in some respects was a reaction to that, right? There just a statutory effort to get at the same thing. Uh and now we have this executive order which is also if you think about it like a a an extension of the SAVE Act, right? What was the Save Act really about? It wasn't about voter ID. Voter ID was added to it at the last minute. And and when you look at that ID law, part of that ID law was targeting mail-in voting. ... And the four parts of the Save Act that people need to keep in mind, okay? Cuz you're going to keep hearing this come up over and over again in other forums like in this litigation. Number one, there was a provision to make it harder to register to vote. ... Number two, it targets voting by mail by saying in order to vote by mail, you need to show ID. ... The third is just an outright ban on on on mailin voting... And then the fourth, Brian, is the purge provision, right? It's it's requiring states to accept from the federal government purge lists.

Bottom Line

The lack of early adoption by Republican states for Trump's executive order might indicate a tacit acknowledgment of its legal weakness and the likelihood of it being struck down.

So What?

This suggests that even within Republican circles, there's an understanding of the order's unconstitutionality and the legal risks associated with implementing it, potentially due to the known aggressive litigation stance of opponents.

Impact

This could be leveraged in public discourse and legal arguments to highlight the order's lack of broad political or legal support, even among potential allies.

The strategic deployment of cabinet secretaries outside their typical purview to defend controversial political actions is a recurring pattern in the Trump administration.

So What?

This indicates a prioritization of loyalty and public messaging over departmental expertise, potentially leading to less effective or credible defense of policies.

Impact

Analyzing which cabinet members are used for which purposes can offer insights into the administration's internal dynamics and communication strategies.

Key Concepts

Aggressive Litigation as Preemptive Defense

The strategy of immediately suing and pursuing fast rulings to prevent illegal or unconstitutional actions from 'settling in' or being normalized through repetition, contrasting with a past approach of assuming obvious illegality would negate the need for rapid action.

The 'Marketing Gimmick' Strategy

Framing a broad, restrictive policy (like voter suppression) with a publicly palatable but misleading component (like 'voter ID') to gain legitimacy, while the core intent remains disenfranchisement.

Lessons

  • Support organizations like Democracy Docket, founded by Mark Elias, which focus on monitoring and litigating voting and election issues.
  • Share information about voter suppression efforts and legal challenges to ensure public awareness and counter misinformation.
  • Stay informed about ongoing legal battles related to election integrity, as the fight against perceived disenfranchisement is expected to continue aggressively.

Quotes

"

"We cannot let Donald Trump gain a foothold of letting time tick while these illegal and unconstitutional actions settle in. This is I think one of the mistakes that frankly Democrats made in the past is that they they're like, 'Well, what Donald Trump is doing is so clearly illegal. We don't kind of don't have to worry about it.'"

Mark Elias
"

"The executive order is breathtaking. I mean, it is beyond anything that you could imagine a president of United States claiming the power to do. He basically says that he and his administration will create a list that they're going to create of who is eligible to vote in this country."

Mark Elias
"

"The federal judge said that the that the president has no role, that's the judge's words, no role in regulating um uh the federal elections."

Mark Elias
"

"Voter ID was just there as as the the the marketing gimmick, as the PR gimmick. It is it is a way to make look more legitimate a vehicle that was that is at its core just a voter suppression bill."

Brian Tyler Cohen

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