Trump's Insane Plan To Steal Elections Leaked
By LegalEagle
Summary
Topics Covered
- President Has Zero Election Role
- Historical Laws Ease Voting
- Non-Citizen Fraud Vanishingly Rare
- SAVE Act Disenfranchises Millions
- Gut Election Security While Crying Interference
Full Transcript
The 2026 midterms are just around the corner and the president is starting to panic, as are his fellow Republicans who are facing terrible polls and historical swings in off-year elections. Not to
worry, though, the president has a plan, and that plan is to make it really hard for Americans to vote. On February 4th, Trump went on Dan Bonino's podcast and announced that elections needed to be
nationalized. We want to take over. We
nationalized. We want to take over. We
should take over the voting the voting in at least many 15 places. The Republicans ought to nationalize the voting.
>> A few weeks later, a PBS News reporter asked him about a 17page draft executive order that would do just that.
>> Is there a national emergency around the midterm election?
>> Who told you that?
>> Who told you that? Not there's no such document. Not that's absurd. Trump
document. Not that's absurd. Trump
didn't disavow it because he knows it's real. In fact, it's been kicking around
real. In fact, it's been kicking around Republican inboxes for almost a year now. For the past year, the Trump
now. For the past year, the Trump administration has been running an all fronts campaign to seize control of American elections through executive orders, FBI raids, Justice Department lawsuits against states, the systematic
dismantling of election security infrastructure, and a piece of legislation called the SAVE Act that cannot pass but won't quite die. Kind of
like the lie about foreign interference in American elections, which can be used to justify just about anything. The
Constitution's elections clause vests the power to run elections in two separate entities. It says the times,
separate entities. It says the times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof, but the Congress
may at any time by law make or alter such regulations. So, the states run
such regulations. So, the states run their own election. State legislators
set the rules and local officials carry them out. But Congress can override
them out. But Congress can override those rules, at least for federal elections, by passing an actual law.
Note that the Constitution gives the president exactly zero role in administering or certifying elections.
And that was not an oversight by the founders. They just fought a war to
founders. They just fought a war to liberate themselves from a monarch. And
they weren't trying to empower a president to take control of elections and make himself ruler for life. So they
gave states primary authority over elections and empowered Congress to step in as a check. And Congress has passed a few narrow statutes that give the executive branch some limited election
related authority. And crucially, every
related authority. And crucially, every single one of those laws was enacted to make it easier to vote, not harder. The
Voting Rights Act of 1965 was signed into law after Bloody Sunday when police beat Congressman John Lewis and hundreds of other peaceful civil rights marchers on the Edund Pettis Bridge. It gives the
Department of Justice authority to sue states for racially discriminatory election practices which keep black Americans from the polls. The National
Voter Registration Act of 1993, sometimes called the Motor Voter Act, was designed to increase civic participation by requiring states to register voters at the DMV. The Help
America Vote Act of 2002 was passed in response to the chaos of the 2000 Florida recount. It created the
Florida recount. It created the independent bipartisan election assistance commission to distribute federal funds for election modernization and set voluntary equipment standards.
But now the president is using those same laws to make it harder for Americans to cast their ballots purportedly to solve the non-existent problem of vote fraud. And Trump isn't too clear on the mechanism of that
fraud. Maybe it's Chinese Bluetooth
fraud. Maybe it's Chinese Bluetooth thermostats, or maybe it's undocumented immigrants flooding the polls to vote for Democrats. Maybe it's nefarious
for Democrats. Maybe it's nefarious algorithms infecting voting machines.
But some sort of way there's cheating going on and he knows it cuz how else could he have lost the popular vote in 2016 and both the popular vote and the
electoral college in 2020.
>> In counties I won by 2,750.
Think of this to 550. 2750
to 550.
It's becoming a very good count because it's accurate. You know, it covers the
it's accurate. You know, it covers the whole country. It's like a landslide.
whole country. It's like a landslide.
But you're never going to have that again if you don't get these people out.
These people were brought to our >> And so Trump is doing what he always does. Shout emergency and claim powers
does. Shout emergency and claim powers to accomplish by executive fiat what he cannot do by law. We are living through a very odd moment. So, if you're concerned with the government playing
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Trump's first salvo came on March 25th, 2025, when he signed an executive order titled preserving and protecting the integrity of American elections. It
directed the Election Assistance Commission, which Congress designed to be insulated from presidential control, to make fundamental changes to the way elections are conducted in America. It
gave the Department of Homeland Security and the Doge Bros access to state voter roles to facilitate voter purges. It
directed the EAC to withhold federal funding from states that count mail and ballots postmark by election day but received after. And crucially, it
received after. And crucially, it purported to impose a requirement that Americans present documentary proof of citizenship when they register to vote.
The National Voter Registration Act dictates that the Federal Voter Registration Form may only require you to attest under penalty of perjury that you're a citizen. And when Arizona tried to add a documentary proof of
citizenship requirement in 2013, the Supreme Court blocked it. It's important
to understand though that presidential proclamations, even when they're executive orders, are not automatically binding on anyone outside the executive branch. I think a lot about this line
branch. I think a lot about this line from Shakespeare's play Henry IV. One
character says, "I can call spirits from the vastity deep." And the other says, "Why so can I, and so can any man, but will they come when you do call them?"
The president can only do things the law empowers him to do. He can't walk into your local polling place and say, "Don't count these ballots because they're laid or machine tabulated or whatever." Or he
can, but it's effectively calling spirits from the vast deep. You know, so can I and so can any man, but they will not come when you do call for them. Now,
the president does have control over the executive branch, and so he could potentially order executive agencies to change the mail and voter registration form so that it would require proof of
documentary citizenship. And so, Judge
documentary citizenship. And so, Judge Colleen Keratelli of the US District Court in DC blocked the proof of citizenship requirement and changed to the national voter registration form.
She said, "The framers of our Constitution recognized that power over election rules could be abused either to destroy the national government or to disempower the people from acting as a check on their elected representatives.
They assigned no role at all to the president." Put simply, our Constitution
president." Put simply, our Constitution does not allow the president to impose unilateral changes to federal election procedures. But obviously, that wasn't
procedures. But obviously, that wasn't the end of the story. Meanwhile, over in Congress, Trump's allies have been trying to pass legislation to codify his executive order into law with a statute
that would secure our elections by making it a lot harder to vote. And
let's not get it twisted here. There's
no plague of voter fraud, and the instances of non-citizen voting are vanishingly rare. A 2025 audit of
vanishingly rare. A 2025 audit of Michigan's 7.2 million registered voters in the 2024 election turned up 15 suspected non-citizens who actually cast
a ballot. That's 0.000028%.
a ballot. That's 0.000028%.
Election officials in Utah reviewed 2.1 million registered voters and found one confirmed non-citizen on the ROS and that person had never voted. The
proposed solution to this problem will disenfranchise millions of American citizens. That's like trying to take out
citizens. That's like trying to take out a mosquito with a rocket launcher. And
if you tell me we got to disenfranchise millions of qualified American voters to protect our election from a few dozen people who shouldn't be casting a ballot, I personally am going to assume
that your real goal is to make it harder to vote rather than to secure our elections. So with that as preamble,
elections. So with that as preamble, let's talk about the Safeguard American Voter Eligibility Act, aka the Save Act.
Under this law, you would need a US passport, a military ID with service record showing US birth, a real ID showing US birth or a photo ID plus a certified birth certificate if you want
to register to vote. About 50% of Americans don't have a passport. And the
University of Maryland Center for Democracy and Civic Engagement found that more than 21 million Americans would have a hard time getting their hands on documentary proof of their US citizenship. And that problem affects
citizenship. And that problem affects some demographics more than others because proof of citizen documents have to match your current legal name. And
married women often take their husband's name. So their birth certificates don't
name. So their birth certificates don't match their real IDs. Congressman Chip
Roy says it's fine, little lady. You can
just show up with a copy of your marriage license along with your birth certificate and your driver's license.
>> We actually allow a fail safe that you go and you can sign an affidavit that says this is my driver's license. My
name is Sarah Jones on my driver's license. Here's my birth certificate,
license. Here's my birth certificate, Sarah Smith. I certify under penalty of
Sarah Smith. I certify under penalty of perjury that I that I'm the same person.
And we allow that.
>> I don't think you'd be so cavalier about 65 million married men having to slept down to the courthouse in the city where they got married and fork over cash for a certified copy of their marriage licenses. And for some minority
licenses. And for some minority populations, naming conventions make the birth certificate match a real challenge. For instance, many Asian
challenge. For instance, many Asian cultures use the last name first, and many Latino people have multiple last names. So, you can see how names that
names. So, you can see how names that don't slot cleanly into first, middle, last might produce discrepancies between identity documents. And under the SAVE
identity documents. And under the SAVE Act, local election officials would have a huge incentive to reject any registration where the documents don't match perfectly. Because the SAVE Act
match perfectly. Because the SAVE Act makes it a crime for an election official to register someone who fails to provide documentary proof of citizenship. And it creates a private
citizenship. And it creates a private right of action, meaning anybody can sue an election official for a violation. So
put yourself in the shoes of a registar.
Someone shows up with two documents. One
says the person's last name is Moreno Gonzalez and the other says Gonzalez.
Are you going to risk getting sued or even going to jail to ensure that the person gets registered to vote? And by
the way, Kansas tried a similar documentary proof of citizenship law in 2011. It blocked 31,000 citizens from
2011. It blocked 31,000 citizens from voting, 12% of all first-time registrants before courts struck it down for being an unconstitutional burden on voting rights. Arizona actually tried
voting rights. Arizona actually tried something similar in 2022 and got blocked by the 9th circuit. The SAVE Act did pass the House in February of 2026, but it cannot get a filibuster proof
majority in the Senate, and Majority Leader John Thunas resisted calls from the president to blow up the filibuster to make the SAVE act into law. So, as of now, this bill looks to be dead in the
water. But never fear, the president
water. But never fear, the president says he's going to make it happen anyway. On February 13th, Trump posted
anyway. On February 13th, Trump posted that there will be voter ID for the midterm elections, whether approved by Congress or not. Half an hour later, he was up with an even longer rant, saying, "If we can't get it through Congress,
there are legal reasons why this scam is not permitted. I will be presenting them
not permitted. I will be presenting them shortly in the form of an executive order." Election law expert Rick Hassan
order." Election law expert Rick Hassan speculated that when the president said, "I have searched the depths of legal arguments not yet articulated or vetted on this subject and will be presenting
an irrefutable one in the near future," he was talking about this bizarre conspiracy by a former hotel manager from Florida who hunkered down in the public library with a microfich of the
Constitution and discovered a shadow which said the president is able to do everything but decree the outcome of an election, which would be an amazing sequel to national treasure. But
probably Trump was just talking about that executive order he was asked about by PBS and denied. The draft order entitled Establishing Security, Integrity, and Transparency for United States Elections with Protections
Against Foreign Interference was first published by Democracy Docket. It's
dated April 12th, 2025, and has been circulating among Trump's allies for months. It's not clear who's behind this
months. It's not clear who's behind this memo, but the current top candidate is a Florida lawyer named Peter Tictton.
Tictton is a character. His main claim to fame is having been teenage Trump's roommate at boarding school. He's also a poet of sorts. Here's one he wrote about
lusting after a woman on the subway. And
no, I do not get paid enough to read that on the air. We've met Tictton before on this channel. He was local counsel when Trump and his sparkle magic lawyer Alina Haba sued Hillary Clinton
and James Comey and half of DC for doing the RICO and got themselves sanctioned to the tune of a million dollars.
Tictton has been suspended from the practice of law at least twice and is currently the go-to lawyer for MAGA D-listers. He recently persuaded the
D-listers. He recently persuaded the president to issue a quote pardon for Tina Peters, the Colorado election clerk who compromised her county's voting machines in an effort to prove there was
electoral fraud in 2020. The president's
pardon power is broad, but it does not extend to state crimes. So, what spirits is Tickton summoning from the vast deep this time around? Well, this proposed
executive order requires every ballot to be handmarked on Americanmade paper. All
votes handc counted in public at the precinct. Every voter must reregister
precinct. Every voter must reregister for 2026 from scratch with documentary proof of citizenship through their county. Voters must mail a reply to a
county. Voters must mail a reply to a postcard from the registar every election cycle or be automatically unregistered. Counties may not register
unregistered. Counties may not register anyone to vote in the 30 days before an election. Dropboxes are expressly
election. Dropboxes are expressly prohibited. It bans no excuse absentee
prohibited. It bans no excuse absentee balloting and requires that anyone who wants to vote absentee get their ballot notorized. No ballot received after
notorized. No ballot received after election day counts regardless of postmark. Election challenges must be
postmark. Election challenges must be heard in federal court stripping jurisdiction over state law from the states themselves and precincts would be kept at 1500 voters each which would require the creation of thousands of new
precincts between now and November.
Obviously, implementing all that in six months is totally unfeasible, as well as being completely illegal. The proposed
order actually purports to supersede the National Voter Registration Act, the Help America Vote Act, and the Voting Rights Act. The president can simply
Rights Act. The president can simply grab his ubiquitous Sharpie and cross out any laws he doesn't like. There's
also a directive for the DOJ to investigate and prosecute using civil and criminal reco anyone who served as an accomplice to help facilitate interference, provided false information
to conceal such interference or was involved in the prosecution, persecution, retribution, or silencing of other individuals attempting to expose any such interference. That is a
threat against every official who ever pushed back on 2020 fraud claims along with every secretary of state who certified results and every prosecutor who charged someone for January 6th. All
of which is bonketty bonkers. But the
legal justification is even nuttier. The
premise of this draft order is that foreign interference in elections is a national emergency which justifies a federal takeover. The EO points to a
federal takeover. The EO points to a grabag of emergency delegations of power from Congress, plus two executive orders signed by Trump himself and says like somewhere in there is authorization to
accomplish by executive fiat what he can't do by law. In a separate memo shared with democracy docket, Tictton also threw in the international emergency economic powers act aka for
good measure. But the national emergency
good measure. But the national emergency act is just a framework for the president to declare emergencies. It
doesn't actually authorize him to do anything. And none of the statutes cited
anything. And none of the statutes cited in this executive order, not the Federal Information Security Modernization Act, not the Defense Production Act, and certainly not AIPA, gives the president
any authority over how states run elections. In the tariffs case, Trump
elections. In the tariffs case, Trump pointed to general language in AIPA about regulating imports and said that it gave him the right to impose sweeping tariffs at will. and six Supreme Court
justices said, "No, you cannot read broad delegations of congressional authority into vaguely worded statutes."
Now, in that case, Trump was able to collect those tariffs for a year before the Supreme Court bother to rule. And
that was because the federal government is the entity that regularly collects tariffs. In the case of elections
tariffs. In the case of elections though, the president does not control those levers. So, even if he signs this
those levers. So, even if he signs this executive order as written, local election officials don't have to do anything about it. Oregon can continue conducting its all absentee ballot
elections and go about his business. As
constitutional law professor Justin Levit told Democracy Docket, the law doesn't require anybody to file anything in court to stop the impact. It just
requires not listening, which is both easier and quicker. And so Trump's Justice Department is taking some active measures in case the executive order doesn't accomplish what he wants. In the
past year, the DOJ has sued at least 24 states to force them to hand over their complete voter roles, including social security numbers and driver's license data. The puditive legal justification
data. The puditive legal justification for this is the Civil Rights Act of 1960. That's probably not the Civil
1960. That's probably not the Civil Rights Act you're thinking of. The Civil
Rights Act of 1964 is the landmark legislation that outlawed discrimination on the basis of race and sex. The 1960
act was a narrower law passed specifically to protect black citizens right to vote to prevent local officials from simply throwing out registrations and ballots by black Americans. It
required registars to preserve voter registration materials and make them available to the DOJ for inspection. Now
the Trump administration wants to use that civil rights law as a tool of mass disenfranchisement. The plan here is to
disenfranchisement. The plan here is to compile a master list of all Americans and use it to find non-citizens on state electoral roles. A proposed settlement
electoral roles. A proposed settlement agreement would require states to purge voters at the request of the Justice Department. Historically, when states
Department. Historically, when states have tried to clean their voter roles the way the DOJ wants to do it, they've wound up kicking off lots of eligible voters, particularly those whose names
don't match American standard first, middle, last. But also, state privacy
middle, last. But also, state privacy laws bar election officials from disclosing specific categories of voter information. And so most states told the
information. And so most states told the DOJ to pound sand. In Michigan, Judge Hala Jarboot dismissed the DOJ's lawsuit because internally compiled voter lists aren't voter registration materials for
the purposes of the 1960 Civil Rights Act. And in California, Judge David
Act. And in California, Judge David Carter ripped the Trump administration for perverting laws meant to protect the right to vote and turning them into tools of voter suppression. He said,
"Should Congress want to enable the executive to centralize the private information of all Americans within the executive branch, Congress will have to clearly say so." and he warned that the
DOJ's request for the sensitive information of Californians stands to have a chilling effect on American citizens like political minority groups and workingclass immigrants who may consider not registering to vote or
skipping casting a ballot because they're worried about how their information will be used. Similarly, in
Oregon, Judge Mustafa Kasubai pointed to a letter Attorney General Pam Bondi sent to Minnesota Governor Tim Waltz during the immigration siege of the Twin Cities. Bondi offered to call off ICE if
Cities. Bondi offered to call off ICE if the state would allow the DOJ to access its unredacted voter roles, which has nothing to do with immigration
enforcement. The judge said that Bondi's
enforcement. The judge said that Bondi's letter cast serious doubt as to the true purpose for which plaintiff is seeking voter registration lists in this and other cases. And that's clearly been
other cases. And that's clearly been confirmed by what happened in Fulton County, Georgia. Fulton County includes
County, Georgia. Fulton County includes about 90% of Atlanta, and it has long been the focus of election conspiracies.
Trump insists he could only have lost the state due to fraud. Although he's
never cited any proof, and not for nothing, but Georgia has two Democratic senators who keep managing to get elected. On December 11th, the DOJ filed
elected. On December 11th, the DOJ filed one of those 1960 Civil Rights Act suits, but this time against Fulton County, demanding that it hand over all the original ballots, voting machine
tabulators, and absentee ballot envelopes from the 2020 election. Oddly
enough, it also filed a subpoena for those same documents in state court, and it was negotiating over cost to copy and reproduce them. But then it apparently
reproduce them. But then it apparently got tired of waiting because on January 28th, FBI agents descended on the Fulton County Elections Hub with a warrant and
left with approximately 656 boxes of election documents. That warrant was
election documents. That warrant was very weird. It claimed to be looking for
very weird. It claimed to be looking for evidence of violations of 52 USC sections 20701 and 20511.
Section 20701 requires election officers to preserve all voter registration records and records of any other act requisite to voting for 22 months after
any federal election. Section 20511
criminalizes fraud in the voter registration process and tabulating ballots known to be fraudulent. But both
statutes have a 5-year statute of limitations, which means it's pretty much impossible to charge anyone for crimes relating to the 2020 election.
And the affidavit supporting that warrant was frankly bizarre. The
witnesses included weirdos who downloaded their data from random sites like Zebra Duck. and they just regurgitated debunked election fraud theories from 5 years ago like this one
about pristine ballots aka damaged votes which are copied onto clean ballots so they can be machine tabulated. But maybe
the weirdest thing about that warrant was who was there to execute it. That is
director of national intelligence Telsey Gabbard skullking around in a baseball cap. By law the DNI has no domestic law
cap. By law the DNI has no domestic law enforcement authority and that's not a technicality. It's a deliberate
technicality. It's a deliberate statutory limitation because intelligence agencies have surveillance powers that wouldn't survive Fourth Amendment scrutiny if applied domestically. Plus, the administration
domestically. Plus, the administration can't seem to get their story straight on what Tulsi was doing there. Trump
first denied she was present at all and then said Bondi had insisted on it. And
Bondi's deputy said she just happened to be in Atlanta. And Gabbard then said that the president requested her presence. And the New York Times
presence. And the New York Times reported that Gabbard patched through the agents conducting the raid to speak to the president who told them they were doing a great job. Senator Mark Warner, the top Democrat on the Armed Services
Committee, likened this to Nixon ordering the Watergate burglary.
>> And remember, many of the reforms that were put in place actually took place after the Watergate scandal under President Nixon.
>> Fulton County sued to get its stuff back. But even if they win, this episode
back. But even if they win, this episode shows a willingness to use the Justice Department offensively this time around to investigate election fraud even in
the absence of any real evidence. And it
sends a clear message to every election administrator in every competitive county in America that we have the FBI and we are not afraid to use it. At the
same time, the Trump administration is removing the guard rails which would actually protect American elections from foreign or domestic interference. The
Cyber Security and Infrastructure Security Agency, aka CISA, was created in 2018 to protect critical infrastructure, including election systems, from foreign cyber attacks.
It's supposed to coordinate with state and local officials to provide threat assessment and harden election systems to repel hacks and manipulation. On
election day, it runs situation rooms to monitor attacks in real time. But in
2020, CISA director Chris Kreb said that the election had not been hacked or plagued by fraud, and Trump has had it in for the agency ever since. In early
2025, the Trump administration fired CISA employees, froze all election security activities pending an internal review, and cut all funding to the election infrastructure information
sharing and analysis center. In November
2025, for the first time in years, CISA didn't stand up its election day situation room. Arizona Secretary of
situation room. Arizona Secretary of State Adrien Fontis said election officials are now effectively flying blind. And here's the thing, the
blind. And here's the thing, the administration's justification for that draft emergency executive order, the one that would give Trump control over the 2026 midterms, is that foreign interference in American elections,
constitutes a national emergency. But
the agency specifically created to detect and counter foreign interference, they gutted it. They fired those people.
They shut down the situation room. And
if you actually believe foreign actors were threatening American elections, you wouldn't do that unless the threat of foreign interference was never what this was really about. So can Trump actually
steal the midterms? I mean, the honest answer is probably not outright. Courts
have blocked that March 2025 executive order. No court has given the DOJ state
order. No court has given the DOJ state voter roles. The Save Act is stalled in
voter roles. The Save Act is stalled in the Senate. and state election officials
the Senate. and state election officials don't work for the president, so they can more or less ignore his lawless edicts. But maybe that's the wrong
edicts. But maybe that's the wrong question. You don't have to steal an
question. You don't have to steal an election to corrupt its results. You
suppress enough votes through aggressive purges and impossible ID requirements, and you create enough chaos around absentee ballots and registration deadlines that legitimate voters give
up, or maybe they get turned away. You
defund the agency that monitors foreign interference while simultaneously claiming that foreign interference justifies emergency powers and you sick the DOJ on local officials to scare the
be Jesus out of them with investigations of this non-existent vote fraud. And
then if the results don't go your way, you cry fraud as Trump has done after every election, even the ones he won.
The last time Trump lost an election, we got January 6. Unlike last time, Trump has now surrounded himself with an attorney general and an FBI director and a Homeland Security Secretary and a DNI
who won't say no. And the constitutional guard rails around elections were designed by people who assumed future presidents would follow the law and respect the will of the voters. And we
haven't had one of those for a while now. And that's the thing about
now. And that's the thing about guardrails. You don't notice how much
guardrails. You don't notice how much you need them until the car is already going over the edge. Now, all this highlights why it's so important to get a great lawyer when you're dealing with your own case. Now, after I started this
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