Democracy & Elections

The Lawfare Podcast: How to Steal a Presidential Election

Jack Goldsmith, Lawrence Lessig, Jen Patja
Monday, March 4, 2024, 8:00 AM
Is the legal architecture governing elections well crafted to prevent corruption and abuse?

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As the 2024 presidential election approaches, a vital question is whether the legal architecture governing the election is well crafted to prevent corruption and abuse. In their new book, “How to Steal a Presidential Election,” Lawrence Lessig and Matthew Seligman argue that despite the Electoral Count Reform Act of 2022, serious abuse of the presidential election rules remains a live possibility. Jack Goldsmith sat down with Lessig to learn why. They discussed the continuing possibility of vice presidential mischief, the complex role of faithless electors, strategic behavior related to recounts, and the threat of rogue governors. They also pondered whether any system of rules can regulate elections in the face of widespread bad faith by the actors involved.


Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership, Harvard Law School. His latest book is “They Don’t Represent Us” (HarperCollins 2019).
Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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