OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!

Today’s episode begins with a discussion of the recent dismissal of charges by the Department of Justice against Concord Management & Consulting, LLC (and Concord Catering) with prejudice. Is this another example of Attorney General Bill Barr’s meddling? We explain that it… probably… isn’t. Probably.

After that, it’s time for the first part of a double-length episode in which we tackle your questions about the coronavirus and the law. First up are all the questions involving elections, including whether and how Trump can suspend or eliminate the election, and what would happen if he did. If you’ve always wanted Vermont Senator Pat Leahy to be President, well, this is the episode for you!

No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!

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Show Notes & Links

  1. On Concord Management: you can check out the 2019 Motion alleging that Concord was abusing the discovery process as well as the 3/16/20 motion to dismiss.
  2. As an overview to states of emergency, we began with Ex parte Milligan (1866).
  3. On primaries: Check out the Ohio Supreme Court’s denial of the writ of mandamus to hold the March 16 primary, as well as the lawsuit filed by the Ohio Democratic Party. Oh, and if you want to be depressed, read Nixon v. Herndon, 273 U.S. 536 (1927).
  4. Election statutes: 2 U.S.C. §§ 1, 7 (“Time of Election”) and 3 U.S.C. §§ 1 et seq. And of course, don’t forget Bush v. Gore, 531 U.S. 98 (2000), which we broke down way back in Episodes 3, 4, and 5 of the show!
  5. Presidential succession is governed, inter alia, by the 20th Amendment and the Presidential Succession Act, 3 U.S.C. § 19, and the Speaker of the House is required by Art. I, Section 2 of the Constitution and implemented by the House Rules.
  6. Pat Leahy as President was first proposed by journalist Ian Millhiser.

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