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The Lawfare Podcast

It's Over, or Is It?

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 16 December 2020

⏱️ 42 minutes

🧾️ Download transcript

Summary

It is two days after the Electoral College has met in 50 state capitals, voted and given 306 electoral votes to Joe Biden, making him the next president of the United States. Or did it? There is talk of a kind of electoral Alamo wherein a final showdown takes place over the counting of those electoral votes come January 6 when Congress meets in a joint session to receive the votes of the state electors. To discuss what happened this week, Benjamin Wittes sat down with Molly Reynolds, senior fellow at the Brookings Institution, and Scott R. Anderson, Lawfare senior editor and fellow at the Brookings Institution. They talked about whether the election is actually over, or if we are heading toward some kind of final cataclysm where the forces of Trumpism take on the last stage of the electoral process.

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Transcript

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0:00.0

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0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:34.0

And if there is a dispute where there's these multiple slate of electors, well, then the

0:37.2

one that met that safe harbor requirement is the one that gets counted.

0:40.4

So essentially, it seems primed to give the electoral votes cast for former vice president

0:46.3

Biden on Mondays.

0:47.3

The ones that are certified that are seen as official, those will be preferenced in any

0:51.7

sort of dispute.

0:53.0

So long as Congress sticks to that electoral count act for me.

0:57.8

I'm Benjamin Wittes and this is the LawFair podcast December 16th, 2020.

1:04.8

And when I say it is December 16th, I mean that it is two days after the electoral college

1:10.8

has met in 50 state capitals and voted and given 306 electoral votes to Joe Biden, making

1:20.4

him the next president of the United States or did it?

1:26.8

Because there is talk of a kind of electoral alamo wherein a final showdown takes place

1:35.9

over the counting of those electoral votes come January 6th when Congress meets in a joint

1:42.9

session of Congress to receive the votes of the state electors.

1:48.7

We thought we would get together in the virtual jungle studio to chew over what happened

1:54.5

this week.

1:56.0

Is the election actually over or are we heading towards some kind of final cataclysm where

...

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