The Lawfare Podcast: Patreon Edition

Rational Security: The “Not So Super Tuesday” Edition

The Lawfare Podcast: Patreon Edition

Show Notes

This week, Scott sat down with his Lawfare colleagues Executive Editor Natalie Orpett and Senior Editors Michael Feinberg and Molly Roberts to talk through the week’s big international news stories, including:

“Full Metal Ballot.” For more than 160 years, federal law has made it a crime to bring “troops or armed men” to any place where an election is being held. But with President Trump refusing to rule out invoking the Insurrection Act, National Guard troops still on the streets of Washington, and the Justice Department preparing to send roughly 1,000 election monitors to polling sites across the country, many are worried about what voters will encounter on Tuesday. Military leaders say they have no plans to send troops to the polls, and a federal judge just reined in armed Homeland Security agents who had been going door to door questioning suspected noncitizen voters. What does the law actually allow federal personnel to do on Election Day? And what happens if the administration decides to test those limits anyway? “Certifiable.” With Election Day less than a week away, the Justice Department has moved from warning about election fraud to actively trying to shape how votes get counted and certified. Last week, in Alaska, the Justice Department—acting on President Trump’s personal orders—sued to block certification of the U.S. Senate race if Republican Sen. Dan Sullivan loses, citing possible voter confusion caused by a second candidate on the ballot named Daniel J. Sullivan. In California, DOJ has sued to stop officials from counting more than 20,000 mail ballots from voters it claims are “likely noncitizens,” threatened election officials in all 58 counties with prosecution, and even tried to leapfrog the trial judge by running straight to the Ninth Circuit, which promptly sent it back. Attorney General Todd Blanche insists DOJ isn’t trying to overturn anything. So what are these lawsuits really for? And what do they tell us about what the administration may have planned for after Nov. 3? “Deepfake in the Heart of Texas.” Russia is back—assuming it ever left. Last week, researchers attributed a pair of AI-generated videos falsely accusing Texas Democratic Senate candidate James Talarico of sexual abuse to Storm-1516, a Kremlin-linked influence operation that ran a similar play against Tim Walz in 2024. That same week, the top Democrats on the congressional intelligence committees, Sen. Mark Warner and Rep. Jim Himes, said a classified briefing showed Russia targeting Democrats and other supporters of Ukraine, with China and Iran running more targeted efforts of their own. All this comes after the Trump administration dismantled much of the federal apparatus for countering foreign election influence. How worried should we be about foreign meddling in the final days of the midterms? And what happens if the administration itself starts invoking foreign interference to cast doubt on the results? In object lessons, Molly is keeping cozy with a surprisingly delicious parmesan cabbage soup. Scott is catching up on the historical horror book, "Between Two Fires." And for any The Velvet Underground fans, Michael recommends "Rock*: A Mainstream Alternative History of Alternative Mainstream Music." Hosted on Acast. See acast.com/privacy for more information.

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