Legal Challenges of the Insurrection Act

With eight days to go until Election Day, veteran prosecutors Mary McCord and Andrew Weissmann tackle several issues related to the vote and its aftermath: if Donald Trump doesn’t win the election, could his DC criminal case be dismissed based on the Appointments Clause? Can a president use the military domestically against "the enemy within" despite the constraints of the Posse Comitatus Act? Will another ‘red mirage’ followed by a ‘blue shift’ cause the former president to cry foul and call for stopping the electoral count? And, will Elon Musk and his America PAC be held liable for paying residents in swing states to register?  Andrew and Mary address these questions and remind listeners to vote!

Further Reading: Andrew and Ryan Goodman's recent piece on Just Security: An Overlooked January 6 Charge: The “Stop the Count” Scheme

Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.