Legal experts expressed alarm Thursday as the Trump administration circulated a draft executive order that would federalize the U.S. election process during declared national emergencies.
The Washington Post reported on the initiative, which Lawfare senior editors Anna Bower and Molly Roberts characterized as having a legally questionable foundation, though they warned that "bits and pieces" could still become law.
Bower and Roberts noted the administration views national emergency declarations related to national security as a potential mechanism to exert greater control over elections. The Iran war provides a possible justification for invoking such authority, as the FBI has warned of potential Iranian drone attacks on U.S. soil in retaliation for American and Israeli bombing.
Legal experts questioned the constitutional viability of the proposed order while acknowledging the administration has identified sufficient legal authorities to potentially implement portions of the plan.
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