Democracy Decoded

• The Latest: What Trump's First 100 Days Mean for American Democracy

  Donald Trump took office as president on January 20, 2025, having already served one term. Immediately, however, he made clear his second term would be even more unpredictable than his first. He put one of the world's richest men — and his biggest campaign donor — in charge of a shadowy new entity with seemingly unfettered access to government data. Trump also blitzed the system with a barrage of executive orders, which have seemingly upended the government. He has done everything from threatening judges and lawyers to attacking the very concept of birthright citizenship, while Congress has remained largely on the sidelines.In short, Trump has moved aggressively against many of the checks and balances that American democracy has built in. As he works to consolidate power for the executive branch, other players have stepped up to challenge the president's moves — Campaign Legal Center among them. In this special episode of Democracy Decoded, our host Simone Leeper speaks with Trevor Potter, the president and founder of Campaign Legal Center, and Adav Noti, the executive director of Campaign Legal Center, to discuss what they’ve seen and what they’re doing during this unprecedented moment.Host and Guests:Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, 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.Adav Noti is Executive Director at Campaign Legal Center. He has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises Members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio, and print journalism. He has appeared on broadcasts such as The Rachel Maddow Show, Anderson Cooper 360, PBS NewsHour, and National Public Radio's Morning Edition, and he is regularly cited in publications nationwide, including the New York Times, Washington Post, USA Today, Politico, Slate, and Reuters.Links:The Trump Administration’s (Second) 100 Days: What You Need to Know – Campaign Legal CenterIt’s almost Inauguration Day. Will there be any checks on Trump’s power? – The Hill op-ed by Trevor PotterBad Signs for Democracy as First 100 Days Begins – CLC newsletter, From the Desk of Trevor PotterOn the Question of Crisis – CLC newsletter, From the Desk of Trevor PotterAbout 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.

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• 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.

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• Today’s the Day — Go Vote!

  This week’s episode is short, sweet, and to the point: It’s Election Day, and if you haven’t yet cast your vote, let us be your friendly reminder. Like many of her CLC colleagues, Simone will spend the day monitoring elections. Next week she’ll be back with the final episode of the season, with a look at how this most dramatic election is playing out.Until then, it’s up to you.Nationwide nonpartisan Election Protection (EP) hotline:866-OUR-VOTE (866-687-8683) Host: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.Links:Vote.orgAbout 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.

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• The Latest: The 2024 Election, in a Nutshell

  An incumbent president drops out, mid-race. A former president becomes a party’s nominee for the first time in more than a century. There are multiple occurrences of political violence against a candidate. Newly emergent AI tools spread disinformation. And a Supreme Court that may be called upon to decide the race is perceived by the electorate as increasingly politicized.The 2024 election cycle has already made its share of history. With Election Day now just a week away, we bring you another of this season’s up-to-the-minute episodes. This time we’re speaking with Trevor Potter, president of Campaign Legal Center, who joins Simone to explain how this election has been playing out, and what it all means for you, the voter, as the deadline nears to cast your ballot.Nationwide nonpartisan Election Protection (EP) hotline:866-OUR-VOTE (866-687-8683)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.” Trevor is the author of several books and manuals on lobbying regulation and disclosure, campaign finance and federal election law. 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. He has also taught campaign finance law at the University of Virginia School of Law and Oxford University, and he has appeared widely in national broadcast and print media. During the 2020 election season, Trevor was named to the cross-partisan National Task Force on Election Crises.Links:Count Every Vote, So Every Vote Counts - Campaign Legal CenterWhat Happens To My Ballot After I Vote? - Campaign Legal CenterWant Election Results Sooner? Allow Election Officials to Process Mail Ballots Early - Campaign Legal CenterElectoral Count Reform Act Makes It Harder to Undermine Presidential Elections - Campaign Legal CenterAbout 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.

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• Know Your Rights as a Voter

  Imagine you’re at home when you hear a knock. At your door are people who want you to share, in detail, who you voted for in the last election, months ago. When you ask them who they are and where they’re from, they remain vague and perhaps even aggressive.This was the case for some Americans in the years after the 2020 election, part of a spate of behaviors by election skeptics and deniers that, in some cases, amounted to voter intimidation. The history of voter intimidation in the United States is sordid and violent, especially in the century between the U.S. Civil War and the passage of strong voter protections in the 1960s. But it’s important to remember that voter intimidation is against the law. Whether you’re voting in-person, by mail or via election dropbox, you should never be made to feel unsafe or intimidated while exercising your freedom to vote..Carly Koppes, the clerk and recorder of Colorado’s enormous Weld County, describes to us the steps she and fellow officials took when they received reports of unwelcome and unofficial vigilante election “auditors” going door to door in 2021. Christina Das of the NAACP Legal Defense Fund walks us through the bleak history of voter intimidation in America. And CLC’s Jonathan Diaz explains how voter intimidation has evolved to become sneakier and more subversive in the digital age — and the steps you can take if you encounter it.Nationwide nonpartisan Election Protection (EP) hotline:866-OUR-VOTE (866-687-8683)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.Carly Koppes has been working in the Weld County Clerk and Recorder’s office for twenty years starting in June of 2004. Her main department was the Election department, but she has also worked in the Recording and Motor Vehicle departments during her time working for the Clerk and Recorder office. She received her Colorado Election Official Certification from the Colorado Secretary of State in October 2007 and finished up her national designation of Certified Elections/Registration Administrators (CERA) through the Elections Center's Professional Education Program at Auburn University in July of 2014. Carly is a 2016 graduate of the Leadership Program of the Rockies and in 2019 she received her Public Leadership certification from Pepperdine University through the International Association of Government Officials. Carly was also honored along with the Colorado County Clerks Association to receive the Defender of Democracy Award from The Center for Election Innovation and Research in 2022. In 2023 Carly was appointed to the national Local Leadership Council of the Election Assistance Commission and was elected as the Vice Chair of the Council. Carly is the youngest person to be elected to the position of Weld County Clerk and Recorder.  Carly is currently serving on the Executive Board for the Colorado County Clerks Association; Carly was President of the Colorado County Clerks Association in 2021 and will serve as President in 2026.Christina Das is Counsel on the Black Voters on the Rise team with LDF, an interdisciplinary team leading year-round election protection and election administration advocacy efforts across the South, using legal, organizing, and advocacy tools to defend and advance the rights of Black voters to participate in our democracy. Christina’s experience includes executing strategic campaigns to expand voter access, such as passing legislation for in-person Early Voting in South Carolina in 2022 and working with state-based coalitions to implement jail-based polling places for eligible detained individuals across Texas. She co-leads the national Election Protection Working Group for Jail and Post-Release Voting and has been working with system impacted individuals over the past four years to break down procedural barriers to accessing the ballot behind bars. Christina will lead LDF's election protection program in Texas for the 2024 cycle and support ongoing litigation efforts. Post-election, she works to safeguard the election certification process from any targeted sabotage efforts, as well as working on future policy and election administration reforms at the local, state, and federal level.Jonathan Diaz is Director for Voting Advocacy and Partnerships at Campaign Legal Center. Jonathan helps lead CLC’s work on combating election manipulation and participates on behalf of CLC on a number of democracy reform coalitions, coordinating CLC's work with partner organizations at the national, state and local levels. He also litigates voting rights cases across the United States, including VoteAmerica v. Raffensperger (N.D.Ga.), LUCHA v. Fontes (D.Ariz.), and Raysor v. Lee (N.D.Fla./11th Cir./SCOTUS). Jonathan frequently provides commentary on voting rights and election law issues in the media; he has been quoted in publications including the New York Times, Miami Herald, and ProPublica, and has appeared on Univision, NPR, and CNN, where he was an election law analyst during the 2020 election cycle.Links:Is Voter Intimidation Illegal? What Should I Do If I Experience It? - Campaign Legal CenterTexas Appeals Court Overturns Crystal Mason’s Conviction, 5-Year Sentence for Illegal Voting - The Texas TribuneVoter Intimidation in 2022 Follows a Long History of Illegal and Racist Bullying - The ConversationRetro Report: Poll Watchers and the Long History of Voter Intimidation - PBS LearningMediaHow to Navigate Intimidation and Other Obstacles to Voting - CNN About 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.

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