Protect Democracy

As Donald Trump prepares to take the presidential oath of office again, a new poll finds most Americans, and most Republicans, do not want him to follow through on his campaign promise to pardon those convicted of violence in the Jan 6th attack. https://lnkd.in/ebN3MDVP The YouGov poll, surveying voters in the 43 most competitive Congressional districts, found 75% of Americans oppose pardoning those convicted of using a weapon on January 6, including 55% of Republicans. And 73% oppose pardons for those convicted of assaulting Capitol Police, including 54% of Republicans. Most Americans oppose pardons for anyone convicted by a federal court, and that doing so will encourage more of the same. For a roundup of prominent Republican electeds who have cautioned against pardoning all who participated in January 6, visit: https://lnkd.in/ersjp-97

What we’re reading: Lee Drutman’s first edition in a series making the case for proportional representation as “the most effective framework for managing collective decision-making in diverse societies like ours.” https://lnkd.in/eB6Si-ZR

Proportional representation could address some of the most enduring challenges undermining our democracy. Check out this compelling analysis and visualization of PR for the U.S. House—and the multiparty democracy it would support—by Jesse Wegman and Lee Drutman. https://lnkd.in/eK8V8gfR Our own Grant Tudor & Beau Tremitiere wrote a deep dive of the situation in Massachusetts featured in Wegman and Drutman’s piece. Our winner-take-all electoral system is “dangerously warping our politics.” https://lnkd.in/e5U3Fgud

We cover how a strategically timed pre-election lawsuit has emerged in North Carolina to create a lever for throwing out results after an election-deniers’ preferred candidate lost. https://lnkd.in/eZ3DDiVg

We cover the zombie lawsuit rising to void the ballots of tens of thousands of North Carolinians and how this state battle could be an enticing roadmap for future attempts to overturn elections. Read and share: https://lnkd.in/eZ3DDiVg

Amid rising concerns about “weaponized” law enforcement, we produced 2 new resources: (1) a guide underscoring the crucial role federal prosecutors play in upholding the rule of law, including the legal and ethical rules that govern their work; and (2) a paper discussing political interference with DOJ in the wake of Trump v. United States. The DOJ attorney’s guide covers the sources of authority governing federal prosecutors, options for reporting suspected misconduct, & possible consequences for failing to comply with ethical obligations: https://lnkd.in/ew-VpuRy The second paper explores the reasons to preserve the norm of DOJ independence in specific enforcement matters following Trump v. United States, and explains why this norm is not only constitutional in character, but vital to the rule of law and to our democracy: https://lnkd.in/eT46CTJX In short, federal prosecutors have legal and ethical obligations that prohibit retributive investigations and prosecutions – and DOJ leadership should support them in upholding their oaths and their duty to serve the interests of justice.

Heads I win. Tails you lose. How the election denier playbook is capitalizing on a legal loophole to give partisan courts the precedent to cancel results they don’t like. Read and subscribe: https://lnkd.in/eZ3DDiVg

Authoritarianism around the world: Venezuelan opposition leader Maria Corina Machado was detained on the eve of Maduro’s inauguration. We covered Venezuela's elections to illustrate just how hard it can be to remove an autocrat once they have cemented themselves in power. https://lnkd.in/ePeiz4_8

ICYMI - Escambia County, FL has again removed a book from its school libraries based on explicit bias against transgender kids, even though we’re suing them right now for doing this very thing. Read about the new removal: https://lnkd.in/edtbCsPb And our lawsuit here: https://lnkd.in/eENsvzYg

The proliferation of “zombie lawsuits” is a dangerous escalation in the election denier playbook. Now, one such case has risen in North Carolina aiming to overturn results in the race for state supreme court. Read more: https://lnkd.in/eZ3DDiVg