Republican Pushback on the Administration's Election Program

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1. 

   9 Oct 2026 · 26 min

   AI, Elections, and the Liar’s Dividend

   Bob interviews Nate Persily, the James B. McClatchy Professor of Law at Stanford Law School and co-director of the Stanford Law AI Initiative, about artificial intelligence and democracy, with particular attention to elections. They discuss what’s driving American anxiety about AI, why Republican and Democratic users alike rate AI models as left of center, and why Persily thinks the greater danger from deepfakes is not voters who are fooled but voters who stop believing what’s true—the “liar’s dividend.” They also take up the risks of relying on chatbots for voting information, state laws…

2. 

   2 Oct 2026 · 26 min

   Election Administration Under Pressure

   Bob Bauer interviews Tammy Patrick, Chief Executive Officer for Programs at the Election Center and former Federal Compliance Officer for the Maricopa County Elections Department, about how election officials are preparing for the midterm elections. They discuss differences between an imperfect election and an illegitimate one, the decentralized patchwork of thousands of local offices that administers the vote, the checks set up to constrain partisan officials or rogue insiders, and why federal intervention now tops the list of concerns for many officials. Tammy closes with advice for…

3. 

   30 Sep 2026 · 11 min

   Advertising the President on the Taxpayer’s Dime

   Jack and Bob discuss the legality of the three advertisements praising President Trump that have recently aired with the tag “Paid for by the U.S. Government” and were reportedly paid for with Department of Homeland Security funds. They explain why the advertisements run afoul of the annually enacted appropriations rider barring the use of public money for publicity or propaganda purposes, and examine how the Government Accountability Office’s categories of impermissible propaganda apply to each of the three ads. They also touch on the less-clear relevance of the Hatch Act, why the…

4. 

   22 Sep 2026 · 16 min

   Is Trump Media’s Early-Access Feed Lawful?

   Jack Goldsmith interviews John Coates, the John F. Cogan, Jr. Professor of Law and Economics at Harvard Law School and former general counsel of the Securities and Exchange Commission, about Trump Media’s sale of early access to the president’s Truth Social posts—up to $100,000 a month for a roughly 50-millisecond head start on market-moving announcements. They discuss how the arrangement differs from the low-latency data feeds Bloomberg and Dow Jones lawfully sell, how the STOCK Act applies the insider trading laws to the president by name, and who may bear legal risk: the subscribers, the…

5. 

   15 Sep 2026 · 5 min

   SCOTUS Leaves the Ballot-Mail Rule Blocked

   Bob Bauer discusses the Supreme Court’s order declining to stay the injunction against the Postal Service’s ballot-mail rule, issued the previous evening over a brief concurrence from Justice Kavanaugh and a longer dissent from Justices Alito and Thomas. He reads the Court’s order as a possible signal that eleventh-hour executive interventions in the electoral process would meet skepticism; notes the measure of bipartisanship in the record, including red-state election officials who told the Court the rule could not be implemented in time; and cautions that the rule’s application to the 2028…

6. 

   31 Aug 2026 · 31 min

   Elizabeth Sherwood-Randall on Bioweapons in the Age of AI

   Jack interviews Elizabeth Sherwood-Randall, the Ashton B. Carter Visiting Professor at the Harvard Kennedy School and formerly Assistant to the President for Homeland Security and Deputy National Security Advisor, about her new Kennedy School report, Deterrence by Resilience: Securing the United States and Promoting Innovation in the Age of Bioconvergence . They discuss how artificial intelligence has changed the biological threat landscape since ChatGPT, the scenarios that worry her most, and the report's recommendations across prevention, detection, attribution, readiness, response, and…

7. 

   27 Aug 2026 · 20 min

   The Postal Service and the 2026 Elections

   Jack and Bob discuss litigation over the Trump administration’s executive order on the Postal Service and election integrity, and the recent final rule that the Postal Service issued to implement the order. They explain what the Trump administration is seeking to accomplish with these maneuvers and examine the fate of two cases challenging the final rule that are pending in the District of Columbia and Massachusetts. They also analyze the practical difficulties in implementing the rule before the fall election, the role of federal criminal enforcement as a source of pressure on the states,…

8. 

   30 Jul 2026 · 23 min

   States’ Protection of Their Elections

   Bob speaks with Danielle Friedman, Legal Director of the State Democracy Research Initiative at the University of Wisconsin Law School, about the Initiatives’ recently published analysis of state criminal laws that could apply to potential federal government interference in the 2026 and future elections. They discuss laws, varying from state to state, that address deployment of military or other armed forces at the polls; actions to delay or disrupt the delivery of election mail, such as registration forms and ballots; and the seizure and removal of voting materials from election offices.…

9. 

   24 Jul 2026 · 31 min

   Jeh Johnson on Presidential War Powers and Congressional Retreat

   Jack Goldsmith interviews former Homeland Security Secretary and Pentagon General Counsel Jeh Johnson about the article he co-authored in the Journal of National Security Law and Policy , "Presidential War Powers, Executive Expansion, and Congressional Retreat." They discuss how Congress's power over war has eroded, the constitutional and practical obstacles to reasserting it, and the war in Iran as a live example. Mentioned: * Jeh Johnson and Ethan Klaris, Presidential War Powers: Executive Expansion and Congressional Retreat (2026) * Cyrus Vance, Striking the Balance: Congress and the…

10. 

    9 Jul 2026 · 32 min

    Trump and the Midterms

    As the 2026 midterms approach, Jack and Bob give a big-picture overview of the Trump administration’s efforts to use federal law enforcement and executive power to influence the congressional elections. They discuss the constitutional limits on presidential authority over election rules, the administration’s novel tactics and mounting losses in court thus far, and the potential deployment of the military or ICE to the polls. They also examine the effects of the administration’s agenda on voter turnout, public confidence in the electoral process, and the risk of contested results. Get full…