Lawfare Daily: Can the President Declare an Elections Emergency?
The Lawfare Podcast
The Lawfare Institute
4.7 β’ 6.4K Ratings
ποΈ 20 March 2026
β±οΈ 44 minutes
ποΈ Recording | iTunes | RSS
π§ΎοΈ Download transcript
Summary
A draft executive order has been floating around that would assert presidential control over elections all over the country. Lawfare Editor in Chief Benjamin Wittes sits down with Lawfare Senior Editors Anna Bower and Molly Roberts, authors of the recent Lawfare article, βIn Case of Emergency: The Dubious Legality of Trump Allies' Draft EO,β to talk through what it would do, who was behind it, and how seriously we should take it.
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Transcript
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| 0:00.0 | The Electronic Communications Privacy Act turns 40 this year, and it's showing its age. |
| 0:06.0 | On Friday, March 6th, Lawfare and Georgetown Law are bringing together leading scholars, |
| 0:11.1 | practitioners, and former government officials for installing updates to ECPA, a half-day event |
| 0:16.6 | on what's broken with the statute and how to fix it. The event is free and open to the public, in person and online. |
| 0:23.2 | Visit lawfaremedia.org slash ECPA event. |
| 0:26.4 | That's lawfaremedia.org slash ECPA event for details and to register. |
| 0:35.2 | This 107 character got a coalition together and it was drafted and then now it's been circulating and allegedly has the attention of the White House. |
| 0:47.9 | It's the Lawfare podcast. I'm Benjamin Wittes, editor-in-chief of Lawfare, here with Molly Roberts and Anna Bauer, both Lawfare |
| 0:58.6 | Senior Editors. One big risk is that the president issues this order. He issues it close to the election, |
| 1:07.2 | and it's unclear to states whether they're supposed to comply. |
| 1:12.6 | It's also possible that red states would go ahead and comply, |
| 1:17.2 | even though their laws haven't been properly adjusted to do this, |
| 1:20.6 | that they would say, oh, yeah, we're going to try to enforce all of that. |
| 1:23.5 | Today, we're talking election craziness. |
| 1:37.6 | A draft executive order has been floating around that would assert presidential control over elections all over the country. |
| 1:40.4 | How seriously should we take it? |
| 1:41.9 | What would it do? |
| 1:44.2 | And who was behind it? |
| 1:52.6 | All right, Molly, start us out. How did you get on this crazy subject? |
| 1:59.5 | Well, I unfortunately often read the president's truth social posts. And I'd been seeing some ominous looking |
| 2:03.6 | tweets, truths, whatever we're supposed to call them, where the president was saying that he was |
| 2:09.5 | going to present a quote-unquote irrefutable legal argument in the form of an executive order |
... |
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