The Dispatch Podcast

How might the Supreme Court respond to Texas Attorney General Ken Paxton’s lawsuit contesting the results of the election? Why did so many House members and state attorneys general file amicus briefs in support of the lawsuit? Is Paxton’s legal effort just a political stunt? On today’s episode, Sarah and Steve are joined by Ilya Shapiro—director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute and publisher of the Cato Supreme Court Review—for the breakdown.

Show Notes:

-Texas Attorney General Ken Paxton’s new lawsuit against Pennsylvania, Georgia, Michigan, and Wisconsin.

-106 House Republicans sign amicus brief supporting Texas lawsuit and Chip Roy’s tweet thread explaining why he will not join Texas’s lawsuit.

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The Supreme Court denied injunctive relief on Tuesday to Pennsylvania Rep. Mike Kelly in a one-sentence order that unceremoniously ended the Republican lawmaker’s bid to overturn his state’s election results. “What distinguished this case was it actually had an interesting question of law in it,” David argues on today’s show, in reference to the Pennsylvania state legislature’s alleged violation of the state’s constitution in 2019. That Rep. Kelly brought this lawsuit after the presidential election was another question entirely, David concedes, as was Kelly’s requested remedy. On the menu for the rest of today’s episode: Texas Attorney General Ken Paxton’s new Supreme Court election lawsuit, Biden’s latest Cabinet picks, and the origins of “believe-Trump-no-matter-what” syndrome among once-respected GOP figures.

Show Notes:

-Supreme Court’s one-sentence order denying injunctive relief to Rep. Mike Kelly.

-Texas Attorney General Ken Paxton’s new lawsuit against Pennsylvania, Georgia, Michigan, and Wisconsin.

-University of California-Irvine law professor Richard Hasen’s December 8 blog post on the Paxton lawsuit’s legal shortcomings.

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After Georgia election official Gabriel Sterling asked GOP lawmakers to tone down the unsubstantiated claims of vote fraud in his state earlier this week, the Trump campaign shared a 90-second video on Twitter alleging another Georgia related election conspiracy theory. “Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes,” the tweet said. Georgia Gov. Brian Kemp and other GOP figures have since demanded a signature audit of the presidential election in the Peach State.

Where do we go from here? Sterling joined Sarah and Steve on today’s episode to debunk election conspiracy theories about his state and offer a pathway forward for the GOP. “To me, this is the playbook that was run by Stacey Abrams in 2018 in Georgia,” Sterling tells Steve and Sarah of the Trump campaign’s claim that the election was rigged.

Show Notes:

-90 second clip of Georgia election conspiracy theory shared by the campaign on Thursday and Lin Wood’s rally on Wednesday excoriating Gabriel Sterling.

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During an interview with the Associated Press on Tuesday, Attorney General Bill Barr said that “to date, we have not seen fraud on a scale that could have effected a different outcome in the election.” In what seems to be a clever attempt to appease the president, Barr also said during the interview that he had appointed John Durham as special counsel to investigate the Russia-Trump probe in October. Will news of Durham’s appointment appease Republicans? Is there a legal defect in the Durham appointment? Sarah and the guys give us the breakdown. On today’s episode, our podcast hosts also analyze Trump’s election litigation madness, the ethics of COVID-19 vaccine prioritization, and last week’s killing of Iranian nuclear scientist Mohsen Fakhrizadeh.

Show Notes:

-Attorney General Bill Barr’s interview with the Associated Press.

-“As Trump Rages, Voters in a Key County Move On: ‘I’m Not Sweating It’ ” by Elaina Plott in the New York Times.

-Statement from Sen. Ted Cruz urging SCOTUS to hear the Pennsylvania election challenge.

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Charles Koch and Brian Hooks joined Sarah and David to discuss their new book, Believe in People: Bottom-Up Solutions for a Top-Down World, which is about social entrepreneurship, the principles of human progress, and empowering people to discover their gifts. On today’s show, Koch and Hooks explain how finding common ground with people across the ideological spectrum has helped reorient their approach to public policy reform as it relates to the criminal justice system, education, and more.

Show Notes:

-Believe in People: Bottom-Up Solutions for a Top-Down World by Charles G. Koch and Brian Hooks.

-Good Profit: How Creating Value for Others Built One of the World's Most Successful Companies by Charles Koch.

-After Life: My Journey from Incarceration to Freedom by Alice Marie Johnson with Nancy French.

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Twitter’s Jack Dorsey and Facebook’s Mark Zuckerberg were in the hot seat again on Tuesday, answering questions from Senate Judiciary Committee members about the policing of misinformation and controversial speech on their platforms. The biggest takeaway from the hearing? Both political parties want to regulate Big Tech, but for very different reasons. As David argues, it’s not just that liberals want more censorship and conservatives want less of it. “It’s that liberals want Big Tech censorship in exactly the areas where conservatives want less censorship,” especially as it pertains to hate speech and disinformation. Is there any room for compromise in the war against big tech? Our podcast hosts break it down in layman’s terms. Also on today’s episode: an update on COVID-19’s third wave, Biden’s Cabinet picks, and Donald Trump’s refusal to concede the election.

Show Notes:

-Reuters poll on Republicans’ perception of election.

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Is the Republican Party in the midst of a policy wasteland? Today’s guest, Ben Ginsberg, surely thinks so. According to Ginsberg, who is perhaps the most prominent Republican election lawyer of our time, the future of the GOP rests on its ability to transform its policy agenda into one that appeals to minorities and women. “If [the GOP] can avoid the circular firing squad and instead concentrate on positive policy ideas to appeal to voters,” Ginsberg warns, then “there is a chance for the resurrection of the party.” Stick around for a conversation about our democracy’s nonexistent voter fraud problem and the GOP’s concerted effort to restrict access to the polls.

Show Notes:

-“My party is destroying itself on the altar of Trump,” by Ben Ginsberg in the Washington Post.

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Secretary of Defense Mark Esper got the boot on Monday in a characteristic Twitter announcement from President Trump. Esper’s sudden dismissal was accompanied by a firing spree of numerous other Pentagon officials who were quickly replaced with Trump loyalists, raising a lot of questions and alarm bells in D.C.’s national security bubble. Sarah and the guys break down competing theories that have tried to dissect what the Pentagon purge is all about. According to David, “the moves only really make sense in the context of planning for a second term.” Tune in for a discussion of emerging arguments surrounding the future of the GOP, ongoing election lawsuits, and the conspiratorial trajectory of conservative media.

Show Notes:

-The Dispatch Fact Check.

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Does a video show someone burning ballots with votes for Trump? No. Did Michigan ‘magically’ find 138,339 votes for Joe Biden? Nope. What about Wisconsin? Did voter turnout exceed the number of registered voters in the state? A thousand times no. But tight vote counts in battleground states have laid the perfect groundwork for election disinformation to explode online over the past few days. As Steve points out, some bad actors on social media and cable news simply “don’t care whether what they’re saying is actually true.” But not to worry, Dispatch fact checkers Alec Dent and Khaya Himmelman—along with staff writer Andrew Egger—join the podcast today to debunk conspiracy theories surrounding election fraud so you don’t have to.

Show Notes:

-Join The Dispatch for a post-election gathering featuring congressional leadership and top policy experts November 9-10: Sign up here!

-Click here for all of our latest fact checks.

-“Biden Had No Election Coattails,” by Karl Rove.

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Minutes before 5 p.m. on Wednesday afternoon, the president took to Twitter to claim victory in Georgia, Pennsylvania, and North Carolina. The president also said he “hereby [claims]” Michigan “if, in fact,... there was a large number of secretly dumped ballots as has been widely reported!” The president and his closest allies are also alleging that late-arriving votes are evidence of fraud. What should we make of all this? “This is the president of the United States acting like a Third World dictator,” Steve says on today's episode. “It’s complete nonsense. It’s made up. The only rhyme or reason to what he’s doing is he wants to count votes that he thinks are his and disqualify votes that he thinks are not.” On today’s show, our podcast hosts dissect this year’s polling catastrophe, where their electoral predictions went sour, and what our country might look like in January 2021.

Show Notes:

-Jonah’s Wednesday G-File: “The Most Chaotic Timeline,” The Sweep: “Your 2020 Election Night Guide,” The Morning Dispatch: “It Ain't Over Till It's Over.”

-Join The Dispatch for a post-election gathering featuring congressional leadership and top policy experts November 9-10: Sign up here!

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