The American Democracy Minute Radio Report & Podcast for Dec. 19, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In official meeting rooms around the country, 538 electors for the 2024 Presidential election met December 17th to cast their vote on behalf of their state’s results.  Thirteen of those Electoral College electors are accused 2020 fake electors, some of whom still face prosecution. 

Trump campaign associates coordinated a plot in seven battleground states to submit a fraudulent slate of Republican electors.  The plot failed when Vice President Mike Pence refused to participate and certified the results. 

The alleged “fake electors” in Michigan, Wisconsin, Pennsylvania, Nevada, New Mexico, Georgia and Arizona were subject to investigations by state officials, the January 6th Committee, and the Special Counsel.  Fake electors in Michigan, Georgia, and Arizona still face trial. Nevada prosecutors just refiled charges Dec.12th.  No charges were brought in New Mexico, Pennsylvania and Wisconsin. 

Stunningly, 13 of those electors were renominated by their state Republican parties as electors in 2024.  Six of the 15 awaiting trial for forgery in Michigan were renominated. Six Nevada electors were re-indicted last week on forgery charges, two of whom were renominated, including Jesse Law and state GOP chair Michael McDonald.  

Still unclear is whether Trump will include the fake electors in his promised pardons for those accused and convicted for the January 6th insurrection.  

We have more at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:

Citizens for Responsibility and Ethics in Washington (C.R.E.W) – The cases against fake electors and where they stand
LawFare – Where the Fake Electors Cases Stand in State Court
Michigan Public – “Vindication” as Trump’s “fake electors” serve as real ’24 electors
NPR – ‘Fake electors’ from 2020 are casting 2024 votes for Trump while facing felony charges

ABC News – 13 accused of being ‘fake electors’ cast Electoral College votes for Trump
Wisconsin Politics – Trump vows to eliminate Education Department, pardon Jan. 6 convicts during Mosinee rally
CNN – Recordings, emails show how Trump team flew fake elector ballots to DC in final push to overturn 2020 election
WSAZ – January 6th defendants, “fake electors” hope President-elect Trump keeps his word on pardons

Groups Taking Action:
C.R.E.W.,  LawForward

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

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#Democracy  #DemocracyNews #January6th #FakeElectors

The post Among 2024 Electoral College Presidential Electors Were 13 Alleged 2020 Fake Electors, Some of Whom Await Trial on Fraud Charges appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 13, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We have updates on stories we’ve been following, including North Carolina’s  Supreme Court race & a power grab by its legislature, ranked choice voting in Alaska, and more charges in Wisconsin for Donald Trump’s fake elector scheme advisors.

We reported December 11th that a GOP state Supreme Court candidate who lost by 734 votes and failed in two recounts, asked the North Carolina Election Board to invalidate as many as 60,000 voters.  North Carolina Newsline reports that in a 3-2 vote Wednesday, the board rejected that request, though a court appeal is likely.

Also December 11th, the North Carolina legislature overrode Gov. Roy Cooper’s veto of a bill designed to strip power from the incoming Democratic governor and attorney general.  In an attempt to retain GOP power before it loses its supermajority, the authority to appoint election board members was shifted to the state auditor, a Republican.  The attorney general was also stripped of any ability to bring suit against legislation proposed by the North Carolina legislature.

In Alaska, a recount of the attempted repeal of ranked choice voting and open primaries is complete.  The repeal failed by 743 votes – one-quarter of one percent.

In Wisconsin, 10 additional felony forgery charges were brought against Trump campaign advisors, attorney Jim Troupis, attorney Kenneth Chesebro, and election day director Mike Roman.

We have links to more on all these stories at AmericanDemocracyMinute.org. I’m Brian Beihl

Today’s Links

Articles & Resources:

American Democracy Minute – After losing two recounts in State Supreme Court Race, North Carolina GOP Candidate Is Still Challenging the Eligibility of 60,000 Voters
NC Newsline – NC Board of Elections rejects GOP Supreme Court candidate’s efforts to throw out thousands of votes
Carolina Public Press – Holdout NC House reps get in line with GOP, override veto
American Democracy Minute – Alaska’s Ranked Choice Voting and ‘Top 4’ Open Primaries Survive Repeal Referendum – By a Whisker
Alaska Public Media – The recount is over. Alaska will keep ranked choice voting.

PBS Newshour/AP – Trump lawyers and aide face additional felony charges in Wisconsin over 2020 fake electors

Groups Taking Action
Democracy North Carolina, Alaskans for Better Elections, Citizens for Responsibility & Ethics in Washington (C.R.E.W.)

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

Please follow us on Facebook and Bluesky Social and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #Wisconsin #Alaska #North Carolina

The post Updates for State Stories We’ve Been Following in North Carolina, Alaska, and Wisconsin appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 6, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Before a new Democratic governor takes office in January and it loses its supermajority, the GOP-controlled North Carolina legislature used a hurricane relief bill to strip power from the governor and attorney general.  The draconian changes hinge on a pending veto override vote in the state House.

The bare-knuckle bill was short on hurricane relief, and long on keeping power out of the hands of Democrats.  Earlier this year, a 2023 bill attempting to strip the power of the governor to appoint county election boards was struck down by the state’s court of appeals.   Now, Senate Bill 382 tries to remove that power by shifting it to the incoming state auditor, a Republican. 

In his veto message, current Governor Roy Cooper called the bill “a sham” and unconstitutional, and Democrats have declared it an outrageous power grab. The bill also includes a proposed constitutional amendment requiring voter ID for mail-in ballots, and bans the attorney general from opposing the legislature in court.  

The state senate voted December 2nd to override Cooper’s veto, and the House vote is pending.  North Carolina Newsline reports that it’s unclear whether Republicans have the vote in the House to override, with three House GOP lawmakers unhappy with inadequate hurricane relief funding, having voted against the original bill.  

We have the text of the bill and great local reporting linked at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

NC General Assembly – SENATE BILL 382: Disaster Relief-3/Budget/Various Law Changes.

Courthouse News Service – North Carolina Republicans blasted for using lame-duck session to wrest control of government
Gov. Roy Cooper – Statement on his veto of SB382
NC Newsline – Despite protests, NC Senate overrides Cooper’s veto of bill that shifts executive power
WUNC – Lame-duck NC Senate approves constitutional amendment ballot measures alongside veto override
WRAL – Amid protests, Senate overrides Cooper’s veto of bill stripping power from governor, other Democratic officials
The News & Observer – Will NC Republicans have the votes to override Cooper’s veto of powers-stripping bill?

Groups Taking Action:

Democracy North Carolina, League of Women Voters NC, Common Cause NC

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

Please follow us on Facebook and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #NorthCarolina #PowerGrab #SB382

The post Before it Loses its Supermajority, the North Carolina Legislature Strips Election Powers from Its Governor, Bans AG from Opposing the Legislature.  Will the House Override the Veto? appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 4, 2024

Brian is out today, preparing for an event. This report follows on yesterday’s report on the pardon and its limits.

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Recently, we discussed the President’s broad powers and some limitations to issue a pardon. But can a U.S. President pardon him or herself?  

Former President Trump tweeted in 2018, “I have the absolute right to PARDON myself,” and he discussed that possibility after the January 6th insurrection, according to the New York Times.  

Professor Michael J. Conklin of Texas A&M Law School and Angelo State University examined law review articles on self-pardons and conducted his own survey of 95 law school faculty around the country.  He found that while a slight majority of scholars think the answer is “no,” it’s far from definitive.  

One legal principle dating back to the 1500s states, “no-one is judge in his own cause.”  Some point to the Constitution’s language giving the President authority to pardon ANY citizen, except in cases involving impeachment.  Others cite a U.S. Justice Department memo after Watergate which concluded the President cannot self-pardon.  

Yet other experts say the Constitution inherently opposes “self dealing.” In U.S. vs. Wilson, Justice John Marshall wrote , “A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws . . . One cannot bestow grace upon oneself.”  

One thing on which most scholars DO agree:  If such a pardon were to occur, it would ultimately be decided upon by the U.S. Supreme Court.  We have links to these discussions at AmericanDemocracyMinute.org.   I’m Brian Beihl. 

Today’s Links

Articles & Resources:

The White House Historical Association – The History of the Pardon Power
Office of the Pardon Attorney, DOJ – Clemency Statistics
Brennan Center for Justice – Presidential Pardon Power Explained
National Constitution Center – Presidential pardons: A constitutional and historical review

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

Please follow us on Facebook and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #PresidentialPardon #TrumpCriminalTrials #JoeBiden

The post Can a U.S. President Pardon Him or Herself?  Legal Scholars ThinkThe Question Will Likely End Up in the U.S. Supreme Court. appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 2, 2024

Brian took a few days off, so we’re revisiting a report from this past July which is even more relevent as the Trump administration takes shape.

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Anti-authoritarian feelings ran high in the years before and after the signing of the Declaration of Independence, as the Declaration’s litany of complaints against the King suggests.  So it’s unlikely the founding fathers would have supported expansion of Presidential powers, and absolute immunity for “official acts.”

The July 1st opinion from the so-called “originalist” members of the U.S. Supreme Court invokes Alexander Hamilton’s Federalist Papers vision for a “vigorous” and “energetic” Executive.  Without that, “the President would be chilled from taking the “bold and unhesitating action” required of an independent Executive.”   But that’s not the whole story.

Three other prominent framers of the U.S. Constitution, James Madison, Benjamin Franklin, and George Mason, feared the opposite, and pushed for a multiple-person executive council to decentralize power.  Ultimately they compromised,  stipulating that the President  seek “advice and consent” from the Senate for appointments and treaties. 

Constitutional Convention delegate James Wilson said during debates on the Constitution,  “Sir, we have a responsibility in the person of our President; he cannot act improperly, and hide either his negligence or inattention; he cannot roll upon any other person the weight of his criminality. He continued, “Far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment.” 

We’ve linked those documents and to the text of the Declaration of Independence  at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
National Archives – Declaration of Independence: A Transcription
U.S. Supreme Court – Trump v. United States
Library of Congress – Constitutional Convention Debate Transcripts – James Wilson
Newsweek – The Founding Fathers Didn’t Think Donald Trump Should Get Immunity Either | Opinion
University of Virginia Miller Center – IMPEACHMENT IN THE 1780S – Speech of James Iredell, North Carolina advocate for ratifying the U.S. Constitution
The Hill – Ty Cobb: Founding Fathers would be ‘weeping and stunned’ over Trump guilty verdict
Salon – Historian says Trump lawyer “deliberatively misleading” SCOTUS: Ben Franklin “would be horrified”
Washington Post – (2017) The president was never intended to be the most powerful part of government
Robert J. Reinstein, American Univerity Law Review – (2017) The Limits of Executive Power

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #July4th #FoundingFathers #IndependenceDay #PresidentialPowers #OfficialActs

The post Would the Founding Fathers Have Endorsed Unfettered Power for the Presidency?  Not Likely. appeared first on American Democracy Minute.