Marc Elias: A Dangerous Time in Our Country's History

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Tweet text:
Marc E. Elias
@marceelias
"Lawyers who use their licenses to undermine democracy should face disbarment. State bar associations must promulgate rules before Nov. 2022 that make clear that undermining democracy, either inside or outside of the courtroom, is unethical and prohibited."

A Dangerous Time in Our Country’s History
Read the latest by Marc Elias.
democracydocket.com
1:19 PM · Sep 30, 2021

https://www.democracydocket.com/news/a-dangerous-time-in-our-countrys-history/

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First, the U.S. House and Senate must strengthen their rules to prevent members from undermining democracy. This can be done either through legislation or via internal rules. Candidates who cast doubt on the validity of an election in which they were also on the ballot should not be seated prior to the completion of a formal inquiry into the validity of their own election and credentials. Put simply, if a candidate claims there is fraud before the election, they cannot expect to simply be seated afterwards. Likewise, if a candidate for the House claims that the Senate race in their state was marred by fraud, the House member’s own election should be subject to review prior to seating.

Second, every election-related lawsuit, filed either pre-election or post-election, should have to explicitly state in the complaint or answer’s caption whether any party to the case is claiming fraud. Claims of fraud should be required to be pled with specificity. When a lawsuit in which fraud is alleged is resolved, judges should be required to make specific findings as to whether there were proven instances of fraud.

Finally, lawyers who use their licenses to undermine democracy should face disbarment. State bar associations must promulgate rules before November 2022 that make clear that undermining democracy, either inside or outside of the courtroom, is unethical and prohibited.

As James Madison said, “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” Unfortunately, there are no angels among Republican Party leadership. Until we see a recommitment by the Grand Old Party to the ideals of liberal democracy, these controls are more critical than ever.

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