The Latest: A Postelection Fight for Democracy

In the end, the worst of everyone’s election fears — political violence, overt foreign interference or a razor-thin margin between Kamala Harris and Donald Trump leading to a hotly contested legal battle — did not come to pass. Instead, Donald Trump won a plurality of votes for president, and did so decisively. On January 20, 2025, he will once again become the country’s most powerful executive.His victory raises weighty questions for the experts at Campaign Legal Center. Trump ran explicitly on a platform of behaving like an authoritarian, promising to fire U.S. civil servants, threatening opponents with jail, and brandishing military force against would-be dissenters. As his return to power approaches, we grapple with a paradoxical election, in which voters declared their preference for the candidate who repeatedly threatened the American system as we know it.Joining Simone in this episode are Trevor Potter, CLC’s president and founder, and CLC senior vice presidents Paul M. Smith and Bruce Spiva. They offer their forecasts for the uncertain years ahead and explain what this election did (and did not) signify about the health of American democracy. Host and Guests:Simone Leeper litigates a wide range of redistricting-related cases at CLC, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.Trevor Potter is President at Campaign Legal Center. A Republican former Chairman of the Federal Election Commission (FEC), Trevor was general counsel to John McCain’s 2000 and 2008 presidential campaigns and an adviser to the drafters of the McCain-Feingold campaign finance law. To many, he is perhaps best known for his recurring appearances on The Colbert Report as the lawyer for Stephen Colbert’s super PAC, Americans for a Better Tomorrow, Tomorrow, during the 2012 election, a program that won a Peabody Award for excellence in reporting on money in politics. The American Bar Association Journal has described Trevor as “hands-down one of the top lawyers in the country on the delicate intersection of politics, law and money.” He has provided testimony and written statements to Congress on federal election proposals, campaign finance regulation and, recently, the effects of the January 6th attack on our democracy. During the 2020 election season, Trevor was named to the cross-partisan National Task Force on Election Crises.Bruce Spiva is Senior Vice President at Campaign Legal Center. He is an attorney and community leader who has spent his over 30-year career fighting for civil rights and civil liberties, voting rights, consumer protection, and antitrust enforcement.Over the past three decades, he has tried cases and argued appeals in courtrooms across the country, including arguing against vote suppression in the United States Supreme Court in 2021. In 2022, in his first run for public office, Bruce mounted a competitive run in the primary election for Washington, D.C. Attorney General. In addition to founding his own law firm where he practiced for eleven years, Bruce has held several leadership and management positions as a partner at two national law firms. Most recently, Bruce served as the Managing Partner of the D.C. Office and on the firm-wide Executive Committee of Perkins Coie LLP, where he also had an active election law practice. He first-chaired twelve voting rights and redistricting trials across the country, and argued numerous voting rights appeals in U.S. circuit courts and state supreme courts during his tenure at Perkins. Paul M. Smith is Senior Vice President at Campaign Legal Center. He works directly with CLC’s talented team of litigators to protect and advance American democracy through innovative litigation strategies.Paul has four decades of experience litigating a wide range of cases. He has argued before the U.S. Supreme Court 21 times and secured numerous victories, including in the important cases advancing civil liberties and civil rights, Lawrence v. Texas, the landmark gay rights case, and Brown v. Entertainment Merchants Ass’n, which established First Amendment rights of those who produce and sell video games. In addition, Paul has argued several voting rights cases at the Supreme Court, including Vieth v. Jubelirer and Gill v. Whitford, involving partisan gerrymandering, LULAC v. Perry, involving the legality of Texas’s mid-decade redrawing of congressional districts and Crawford v. Marion County Election Board, involving the constitutionality of a voter identification law. He served as counsel for amici in several key campaign finance merits cases including McCutcheon v. FEC (on behalf of Democratic House members), Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett (on behalf of the Committee for Economic Development) and Citizens United v. FEC (on behalf of the Committee for Economic Development).Links:www.campaignlegal.org/support-our-workAbout CLC:Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization which advances democracy through law at the federal, state and local levels, fighting for every American’s right to responsive government and a fair opportunity to participate in and affect the democratic process. Learn more about us.Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.