WEBVTT
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This breaking legal news, this is in the biggest legal
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midterm issue that we've been tracking. This is the big one. And,
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you know, this Friday news dumps. We've heard about that.
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And sometimes the courts are just keeping.
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Up with it.
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This is a big loss for the Trump administration on
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the midterm ballot clash. I'm holding the ruling. We've just
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been going through it. I got guests standing by. So
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we're going to get you what you need to know
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about this. I've got some other politics and midterm coverage
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coming later in the hour. But the top story right
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now is the breaking news. The federal judge here granting relief.
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to the states that were fighting Trump. This is a
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win for the states and a loss for the Trump
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administration and its plot to try to use or abuse
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the mail system, the Postal Service, to interfere with the midterms.
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There have been many developments in this case.
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The Supreme Court at one point weighed in, but this
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is the big new one because this is the direct
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court proceeding, the judge that was overseeing whether this Trump rule,
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this new rule they just hatched, could actually take effect.
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And late today, the judge says, no, it can't.
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I want to bring in our guests on this breaking news,
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New York Times, Wally Jong Fast and Michelle Goldberg, a
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New York Times columnist, both analysts for us.
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Michelle, what I'm going to do, because it's a breaking story, is.
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Read a couple of the points here from the ruling
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and then get both of your reactions together. I'll tell
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folks because, again, we just got this moments ago. The
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judge says this will be an injunction. It prohibits the
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Postal Service, quote, from implementing mandatory sections of that final
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Trump rule, which was technically called the ballot mail for
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federal elections rule by the Trump administration. The court notes
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something that is basic. This is not complex law school
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stuff here. I'll just read it straight up. Quote, Congress
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has always respected the Constitution's reservation of.
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Power to the states for elections.
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It explicitly permits the states and quote, not federal agencies
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to legislate on these matters. Michelle, this is pretty straightforward.
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It's a big loss for Trump. It reiterates what we
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already knew, which is that states and localities do elections
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in this country, not the president and certainly not the
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Postal Service.
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Right.
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I mean, as you said, this was something that we
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already knew. This was a sort of quite a shocking
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thing that Trump was trying to do. I mean, particularly
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because Mail-in ballots have already gone out, at least in
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North Carolina. They're about to go out in several other states.
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I mean, it's astonishing that we're already this close to
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the midterms. But this is– you know, it would have
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been absolute chaos if they tried to actually– put this
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executive order into effect. Although I am not sure. And
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like you said, this is a breaking story. I think
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that we will still need some assurance that the Trump
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lackeys in the post office are going to follow the
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law and ensure that the ballots are delivered.
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Yeah, I think that's a great point.
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There's been a whistleblower complaint and reporting from the news
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section of your paper and other outlets. about allegations that
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they were already efforts to sort of build this secret
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plot system in case they got cleared or illegally. And
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so we're talking about the whole enchilada, Molly. I want
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to read further into the ruling here. This is from
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page 45. Again, we just got this where the court
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says that implementing the final Trump rule, quote, less than
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70 days before the election threatens disenfranchisement of millions of
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citizens who who would vote by mail. That's sort of
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when courts do what's called a balancing test or a, hey,
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how do we balance the issues? They're saying very much directly,
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siding against Trump and with the states, that this could
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disenfranchise millions.
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So obviously the rule falls.
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The rule is, according to the court, illegal and wrong, Molly.
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Yeah, I mean, you know, about a third of all
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Americans vote by mail, including Donald Trump. So the idea
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that it would disenfranchise a ton of people right before
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an election. Look, this was Trump's Hail Mary path, right? First,
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he tried redistricting. Then he tried, you know, this is
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sort of him trying to make it harder to vote
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because he can see the polls. And so this may
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end up going back to the Supreme Court, I think.
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But You know, and Katonji Brown Jackson wrote about this
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in her in her opinion, where she said, you know,
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that this has become, you know, a I think she
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said it was like, you know, a kind it had been,
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you know, that they should have just turned it down
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right away, that they made it into a kind of,
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you know, nightmare of of law, of going to judges
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and going to courts when, in fact, it's very clear
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that the states administer elections.
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Right.
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And you're referring to the fact that the Supreme Court
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has been challenged by a lot of Trump tactics, ploys,
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DOJ to see things, Michelle, that that were a problem
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in the first term, but didn't come this this fast
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and furious, so to speak. And I'm curious, building on
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the point you raised earlier, Michelle, it's going to be
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incumbent on states and society at large. to hold the
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line on this and to enforce it and to be
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ready if there are individuals inside the government who are
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trying to do a slow rolling sort of illegal coup,
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midterm meddling from inside the Postal Service or where else,
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that has to be pursued. And of course, Whether or
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not you have a fair election also goes to whether
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or not there'll be oversight after November, because anyone inside
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the government within the sound of our voices or following
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the news and the law, they have an oath to
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uphold the Constitution. If they violate it, believe it or not,
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they still can get in trouble.
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Michelle.
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Well, I mean, I think that the good news, besides
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that there are still courts that are independent and kind
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of committed to enforcing the law, is that the Democrats,
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I think, are trying to see every angle. I know
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that there have been war games where they try to
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game out every single thing that Trump and his allies
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and his minions could do to disrupt the vote. And
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when I've spoken to Norm Eisen, who I'm sure you've
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spoken to as well, he says that he feels pretty
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confident that they are not going to be six, that,
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you know, they're going to try to throw everything they
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can at this election, but ultimately they're not going to
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be successful.
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Yeah. And this, describing this as sort of a Hail Mary,
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you know, Molly, the sitting president.
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Supported a violent insurrection.
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And freed and helped people who attacked violently police and
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federal officials.
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So that's where he stands. We know that. Right.
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Whether everyone else, whether that is the powers that be
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in Congress, the courts we've just mentioned, which, of course,
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today are dealing Trump this loss. For viewers who might
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be joining us a couple of minutes in the broadcast,
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the breaking news is Trump losing that big midterm ballot case.
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But but, Molly.
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We had a guest on this week, Ty Cobb, who
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served in the Trump White House, has become a real critic.
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But he warned, you know, there might be pressure by
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Trump on Mike Johnson to say, oh, well, can you
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play gimmicks and not see new newly elected officials?
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Right.
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All of that stuff eventually gets back to the Hail
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Mary of Trump demanding things, as he did in the
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lead up to Jan 6th.
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And what does everyone else do?
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Yeah, I mean, I think there's a real likelihood that
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he tries that. And again, what has been good about
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this moment, and I've also talked to a ton of
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different nonpartisan organizations, have been ready to bring things back
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to the court immediately.
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This breaking legal news, this is in the biggest legal
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midterm issue that we've been tracking. This is the big one. And,
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you know, this Friday news dumps. We've heard about that.
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And sometimes the courts are just keeping.
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Up with it.
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This is a big loss for the Trump administration on
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the midterm ballot clash. I'm holding the ruling. We've just
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been going through it. I got guests standing by. So
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we're going to get you what you need to know
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about this. I've got some other politics and midterm coverage
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coming later in the hour. But the top story right
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now is the breaking news. The federal judge here granting relief.
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to the states that were fighting Trump. This is a
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win for the states and a loss for the Trump
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administration and its plot to try to use or abuse
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the mail system, the Postal Service, to interfere with the midterms.
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There have been many developments in this case.
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The Supreme Court at one point weighed in, but this
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is the big new one because this is the direct
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court proceeding, the judge that was overseeing whether this Trump rule,
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this new rule they just hatched, could actually take effect.
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And late today, the judge says, no, it can't.
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I want to bring in our guests on this breaking news,
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New York Times, Wally Jong Fast and Michelle Goldberg, a
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New York Times columnist, both analysts for us.
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Michelle, what I'm going to do, because it's a breaking story, is.
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Read a couple of the points here from the ruling
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and then get both of your reactions together. I'll tell
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folks because, again, we just got this moments ago. The
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judge says this will be an injunction. It prohibits the
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Postal Service, quote, from implementing mandatory sections of that final
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Trump rule, which was technically called the ballot mail for
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federal elections rule by the Trump administration. The court notes
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something that is basic. This is not complex law school
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stuff here. I'll just read it straight up. Quote, Congress
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has always respected the Constitution's reservation of.
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Power to the states for elections.
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It explicitly permits the states and quote, not federal agencies
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to legislate on these matters. Michelle, this is pretty straightforward.
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It's a big loss for Trump. It reiterates what we
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already knew, which is that states and localities do elections
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in this country, not the president and certainly not the
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Postal Service.
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Right.
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I mean, as you said, this was something that we
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already knew. This was a sort of quite a shocking
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thing that Trump was trying to do. I mean, particularly
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because Mail-in ballots have already gone out, at least in
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North Carolina. They're about to go out in several other states.
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I mean, it's astonishing that we're already this close to
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the midterms. But this is– you know, it would have
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been absolute chaos if they tried to actually– put this
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executive order into effect. Although I am not sure. And
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like you said, this is a breaking story. I think
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that we will still need some assurance that the Trump
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lackeys in the post office are going to follow the
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law and ensure that the ballots are delivered.
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Yeah, I think that's a great point.
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There's been a whistleblower complaint and reporting from the news
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section of your paper and other outlets. about allegations that
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they were already efforts to sort of build this secret
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plot system in case they got cleared or illegally. And
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so we're talking about the whole enchilada, Molly. I want
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to read further into the ruling here. This is from
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page 45. Again, we just got this where the court
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says that implementing the final Trump rule, quote, less than
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70 days before the election threatens disenfranchisement of millions of
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citizens who who would vote by mail. That's sort of
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when courts do what's called a balancing test or a, hey,
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how do we balance the issues? They're saying very much directly,
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siding against Trump and with the states, that this could
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disenfranchise millions.
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So obviously the rule falls.
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The rule is, according to the court, illegal and wrong, Molly.
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Yeah, I mean, you know, about a third of all
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Americans vote by mail, including Donald Trump. So the idea
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that it would disenfranchise a ton of people right before
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an election. Look, this was Trump's Hail Mary path, right? First,
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he tried redistricting. Then he tried, you know, this is
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sort of him trying to make it harder to vote
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because he can see the polls. And so this may
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end up going back to the Supreme Court, I think.
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But You know, and Katonji Brown Jackson wrote about this
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in her in her opinion, where she said, you know,
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that this has become, you know, a I think she
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said it was like, you know, a kind it had been,
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you know, that they should have just turned it down
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right away, that they made it into a kind of,
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you know, nightmare of of law, of going to judges
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and going to courts when, in fact, it's very clear
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that the states administer elections.
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Right.
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And you're referring to the fact that the Supreme Court
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has been challenged by a lot of Trump tactics, ploys,
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DOJ to see things, Michelle, that that were a problem
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in the first term, but didn't come this this fast
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and furious, so to speak. And I'm curious, building on
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the point you raised earlier, Michelle, it's going to be
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incumbent on states and society at large. to hold the
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line on this and to enforce it and to be
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ready if there are individuals inside the government who are
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trying to do a slow rolling sort of illegal coup,
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midterm meddling from inside the Postal Service or where else,
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that has to be pursued. And of course, Whether or
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not you have a fair election also goes to whether
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or not there'll be oversight after November, because anyone inside
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the government within the sound of our voices or following
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the news and the law, they have an oath to
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uphold the Constitution. If they violate it, believe it or not,
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they still can get in trouble.
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Michelle.
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Well, I mean, I think that the good news, besides
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that there are still courts that are independent and kind
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of committed to enforcing the law, is that the Democrats,
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I think, are trying to see every angle. I know
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that there have been war games where they try to
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game out every single thing that Trump and his allies
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and his minions could do to disrupt the vote. And
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when I've spoken to Norm Eisen, who I'm sure you've
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spoken to as well, he says that he feels pretty
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confident that they are not going to be six, that,
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you know, they're going to try to throw everything they
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can at this election, but ultimately they're not going to
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be successful.
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Yeah. And this, describing this as sort of a Hail Mary,
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you know, Molly, the sitting president.
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Supported a violent insurrection.
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And freed and helped people who attacked violently police and
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federal officials.
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So that's where he stands. We know that. Right.
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Whether everyone else, whether that is the powers that be
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in Congress, the courts we've just mentioned, which, of course,
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today are dealing Trump this loss. For viewers who might
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be joining us a couple of minutes in the broadcast,
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the breaking news is Trump losing that big midterm ballot case.
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But but, Molly.
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We had a guest on this week, Ty Cobb, who
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served in the Trump White House, has become a real critic.
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But he warned, you know, there might be pressure by
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Trump on Mike Johnson to say, oh, well, can you
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play gimmicks and not see new newly elected officials?
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Right.
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All of that stuff eventually gets back to the Hail
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Mary of Trump demanding things, as he did in the
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lead up to Jan 6th.
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And what does everyone else do?
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Yeah, I mean, I think there's a real likelihood that
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he tries that. And again, what has been good about
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this moment, and I've also talked to a ton of
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different nonpartisan organizations, have been ready to bring things back
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to the court immediately.
