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election interference
'Batshit Authoritarianism': Trump Allies Drafting Order to Give Him 'Extraordinary Power Over Voting'
“This is a plot to interfere with the will of voters and undermine both the rule of law and public confidence in our elections," said Sen. Mark Warner.
Feb 26, 2026
A group of right-wing activists is crafting an executive order that would let President Donald Trump unilaterally ban mail-in ballots and voting machines ahead of the 2026 midterm elections.
The Washington Post reported on Thursday that the order being drafted by Trump allies would give him "extraordinary power over voting," even though the US Constitution explicitly gives individual states the powers to run their own elections.
An advocate for the order, Florida attorney Peter Ticktin, acknowledged in an interview with the Post that the Constitution does not give the president any role in shaping elections, but he said Trump needed to act to prevent China from supposedly interfering with American elections.
"Under the Constitution, it’s the legislatures and states that really control how a state conducts its elections, and the president doesn’t have any power to do that,” Ticktin said. "But here we have a situation where the president is aware that there are foreign interests that are interfering in our election processes. That causes a national emergency where the president has to be able to deal with it."
The activists drafting the emergency order said that they are working in coordination with the White House, although the extent of any cooperation isn't clear.
However, the Post pointed to some evidence that the White House really is on board with such a strategy, such as the Trump administration's efforts to investigate his 2020 election loss to former President Joe Biden, which the president has long baselessly claimed was due to foreign interference from a number of nations, including China and Venezuela.
As the Post noted, "a 2021 intelligence review concluded that China considered efforts to influence the election but did not go through with them."
Additionally, Trump has publicly stated numerous times that he wants to completely do away with mail-in ballots and voting machines, both of which he has baselessly claimed are riddled with fraud.
Sen. Mark Warner (D-Va.), the ranking member of the Senate Intelligence Committee, said that the draft order was simply an attempt by the president's allies to block democratic accountability in future elections.
"We've been raising the alarm for weeks about President Trump’s attacks on our elections and now we’re seeing reports that outline how they may be planning to do it,” Warner told the Post. “This is a plot to interfere with the will of voters and undermine both the rule of law and public confidence in our elections."
Government watchdog Citizens for Responsibility and Ethics in Washington (CREW) said that the drafted order was plainly unconstitutional and would fail in court.
"The Constitution gives states power over election law with oversight from Congress," CREW wrote in a social media post. "Notice who's missing? The president. Trump may try to cook up a sham national emergency to try to seize control of elections but it won't stand up to scrutiny."
MS NOW national security contributor Marc Polymeropoulos called the draft order "batshit authoritarianism" and cautioned that "this crazy shit is possible as Trump knows Congress is all but lost at this point in a free election."
"To save himself," Polymeropoulos added, "anything is possible."
Democratic Illinois Gov. JB Pritzker pointed to the Post report and warned, "Donald Trump’s plan to steal the 2026 midterm elections is already underway."
Rep. Rosa De Lauro (D-Conn.) accused Trump of "setting the stage to steal the midterm elections and set fire to our democracy," while vowing that Democrats would "fight for our democracy and safeguard the right to vote."
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Trump Fumes as Final Jack Smith Report Details 'Series of Criminal Efforts to Retain Power'
"But for Mr. Trump's election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," the report states.
Jan 14, 2025
The special counsel who investigated and charged Donald Trump over his attempts to subvert the 2020 election said in a final report released by the U.S. Justice Department early Tuesday that the former president would have been convicted for "a series of criminal efforts to retain power" had he not won another White House term in November.
"But for Mr. Trump's election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," wrote Jack Smith, who resigned from the Justice Department late last week ahead of Inauguration Day.
Smith pointed to the Justice Department's view that "the Constitution prohibits the continued indictment and prosecution of a president," a position he said is "categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof, or the merits of the prosecution, which the office stands fully behind."
The report, which Trump's legal team sought to bury, is the first of two volumes that Smith's team produced following the completion of its investigations into the former president's unlawful election interference and hoarding of classified documents. Smith dropped the two cases shortly after Trump's victory in the 2024 election.
According to the Justice Department, Smith has urged that the volume on the classified documents probe not be released to the public while the case against Trump's former co-defendants is still pending.
"Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office."
In the newly released report, Smith detailed how Trump and his allies tried to "induce state officials to ignore true vote counts," manufactured "fraudulent slates of presidential electors in seven states that he had lost," directed "an angry mob to the United States Capitol to obstruct the congressional certification of the presidential election," and leveraged "rioters' violence to further delay it."
"In service of these efforts, Mr. Trump worked with other people to achieve a common plan: to overturn the election results and perpetuate himself in office," the report added.
Trump responded furiously to the report's release, ranting on social media that "Deranged Jack Smith was unable to successfully prosecute the Political Opponent of his 'boss,' Crooked Joe Biden, so he ends up writing yet another 'Report' based on information that the Unselect Committee of Political Hacks and Thugs ILLEGALLY DESTROYED AND DELETED, because it showed how totally innocent I was, and how completely guilty Nancy Pelosi, and others, were."
In his introduction to the report, Smith rejected as "laughable" Trump's claim that the investigations were politically motivated or influenced in any way by the Biden administration.
"While we were not able to bring the cases we charged to trial, I believe the fact that our team stood up for the rule of law matters. I believe the example our team set for others to fight for justice without regard for the personal costs matters," Smith wrote. "The facts, as we uncovered them in our investigation and as set forth in my report, matter. Experienced prosecutors know that you cannot control outcomes, you can only do your job the right way for the right reasons. I conclude our work confident that we have done so, and that we have met fully our obligations to the department and to our country."
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Trump-Appointed Judge Orders Biden DOJ to Conceal Jack Smith Report
"Delay is the name of the game here," said one legal analyst. "If they can just stop the clock until January 20th, then... the attorney general will be a Trump appointee and they can kill the whole thing."
Jan 07, 2025
Aileen Cannon, a Trump-appointed federal judge in Florida, ordered the Justice Department on Tuesday to temporarily withhold from the American public special counsel Jack Smith's final report on his investigations into the president-elect, despite questions about her authority to do so.
Cannon's order came in response to a Monday request by President-elect Donald Trump's longtime valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who are facing charges in a classified documents case brought by Smith. Trump was also charged in the classified documents probe, but Smith dropped the case against the Republican leader after he won the 2024 presidential election.
In their filing on Monday, Nauta and De Oliveira's attorneys called on Cannon to bar the release of Smith's final report, even though the classified documents case is currently before the 11th Circuit Court of Appeals in Atlanta—not Cannon's court. The Justice Department is appealing Cannon's decision last summer to dismiss the classified documents case as the agency pursues charges against Nauta and De Oliveira.
Cannon wrote in her order Tuesday that Attorney General Merrick Garland, Smith, and other Justice Department employees are enjoined from "releasing, sharing, or transmitting" Smith's final report or "any drafts of such report" outside the DOJ. The judge said her order would remain in effect until the 11th Circuit rules on Nauta and De Oliveira's motion to prohibit the release of Smith's report.
Barbara McQuade, a professor at the University of Michigan Law School, said in an appearance on MSNBC that she doesn't believe Cannon has "any jurisdiction" over decisions surrounding Smith's report.
"But delay is the name of the game here," she added. "If they can just stop the clock until January 20th, then... the attorney general will be a Trump appointee and they can kill the whole thing and say, 'There's no report to disclose.' So that's the goal here."
Speaking to reporters Tuesday just ahead of Cannon's order, Trump claimed he didn't "know" the Florida judge—despite appointing her—but praised her as "brilliant."
Trump on Judge Cannon who he appointed: I don't know the judge in Florida, but we had a brilliant judge in Florida.. her opinion was so brilliant that they dropped the appeal pic.twitter.com/rjzsNANHyu
— Acyn (@Acyn) January 7, 2025
Smith said in a filing earlier Tuesday that his office is still "working to finalize" the report on his investigations into Trump's hoarding of classified documents and efforts to subvert the 2020 presidential election. By law, special counsels are required to submit a final report to the attorney general, who has the authority to decide whether to make the findings available to the public.
Smith said in his filing that he would not transmit his report to Garland before 1:00 pm on Tuesday, and that the attorney general would not release the findings before the morning of January 10—if at all. It's unclear how Cannon's order will impact Smith's timeline.
Trump's lawyers have demanded that Garland withhold Smith's report entirely, claiming in a letter to the attorney general on Monday that making it public would "violate the Presidential Transition Act and the presidential immunity doctrine."
In their letter to Garland, Trump's attorneys—who have reviewed Smith's confidential report in recent days—revealed that the first volume of the document states that the president-elect "engaged in an unprecedented criminal effort" and was "the head of the criminal conspiracies" surrounding the 2020 election.
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