Podcast Summary: Lawfare Archive – Intimidation of State and Local Officeholders with Maya Kornberg

Podcast Information:

• Title: The Lawfare Podcast
• Host/Author: The Lawfare Institute
• Episode: Lawfare Archive: Intimidation of State and Local Officeholders with Maya Kornberg
• Release Date: May 11, 2025

Introduction

In this episode of The Lawfare Podcast, hosted by Tyler McBrien alongside Quinta Juresic, the discussion centers around a pivotal report from the Brennan Center for Justice addressing the alarming intimidation faced by state and local officeholders. Maya Kornberg, a research fellow at the Brennan Center's Elections and Government Program and one of the report's authors, joins the conversation to delve into the study's findings, methodology, and the broader implications for American democracy.

Methodology of the Study

Survey and Research Approach

Maya Kornberg outlines the comprehensive methodology employed in the report, emphasizing the extensive efforts to capture a diverse and representative sample of state and local officials across all 50 states.

• Sample Size: Over 1,350 local officeholders and more than 350 state legislators surveyed.
• Supplementary Data: Conducted approximately three dozen in-depth interviews with state legislators to gather personal narratives.
• Diversity: Ensured representation across different parties, races, ethnicities, genders, and geographic regions.
• Partnerships: Collaborated with Rutgers' Center for Public Interest Polling and Princeton's Bridging Divides Institute to enhance survey outreach and credibility.

Notable Quote:

"Together, the data in the report represents information from a diverse group of folks, over 1700 people from all 50 states." — Maya Kornberg [04:41]

Findings on Threats and Abuse

Prevalence of Abuse

The report reveals a staggering prevalence of intimidation:

• State Legislators: 89% experienced threats, attacks, or abuse.
• Local Officials: 52% faced similar intimidation tactics.

Disproportionate Impact on Marginalized Groups

Women and people of color are disproportionately targeted:

• Gender-Based Abuse: Women in state legislatures are nearly four times more likely to encounter sexual abuse compared to their male counterparts.
• Racial and Identity-Based Abuse: Abuse often manifests in misogynistic, racist, anti-Semitic, Islamophobic, and homophobic ways, directly targeting the individuals' identities.

Notable Quote:

"More women and people of color than men or white people reported that they were subject to abusive language relating to their children and their families." — Maya Kornberg [09:27]

Impact on American Democracy

Erosion of Representative Democracy

The intimidation has profound implications for the fabric of democracy:

1. Legislative Hesitancy: Approximately 39% of local officeholders and 21% of state legislators are less willing to legislate on contentious issues.
2. Reduced Civic Engagement: 40% of local and 20% of state officials are reluctant to engage with constituents due to fear of abuse.
3. Attrition Rates: Around 39% of local officials are less likely to seek reelection, with this figure rising to 50% among women, threatening diverse representation in governance.

Notable Quote:

"If legislators do not feel that they are safe to legislate on issues that are important to them and to their constituents, then that severely hampers the strength of our democracy." — Maya Kornberg [38:57]

Aggravating Factors Contributing to Intimidation

1. Gun Regulation

Increased Presence of Firearms

The deregulation of guns has heightened the dangers faced by officeholders:

• Safety Risks: Legislators report fears of gun violence in public legislative spaces.
• Policy Hesitancy: Fear of backlash deters officials from pursuing gun regulation, exemplified by a legislator stepping back from gun control initiatives to protect her family.

Notable Quote:

"There's armed members of the public who can sit in legislative galleries in her state, and she felt like she was a sitting duck when that happened." — Maya Kornberg [16:53]

Regulatory Constraints and Recommendations

Despite Supreme Court rulings like New York Rifle and Pistol Association vs. Bruen limiting gun regulation, Maya emphasizes the potential for implementing common-sense measures:

• Prohibited Areas: Banning open carry in legislative chambers to prevent intimidation.
• Tailored Policies: Creating narrowly focused regulations to enhance safety without overstepping constitutional bounds.

Notable Quote:

"The Supreme Court's 2022 decision... severely constrains gun regulation, but it does leave room for common sense limits to protect civic engagement." — Maya Kornberg [20:01]

2. Social Media Harassment

Vector for Abuse

Social media platforms are identified as primary arenas for harassment:

• Engagement Reluctance: Legislators avoid online interactions to escape abuse.
• Policy Implications: Calls for social media companies to prioritize safe public discourse and address harassment through updated policies.

Notable Quote:

"Legislative bodies and office holders and social media companies should prioritize the freedom to safely engage in public discourse as they update their policies to reduce serious harm online." — Maya Kornberg [23:13]

Challenges with Law Enforcement Support

Mixed Experiences with Protection

Officeholders report varying levels of support from law enforcement:

• Positive Interactions: Some officials, like North Carolina State Senator Natalie Murdoch, report swift and reliable protection.
• Negative Experiences: Others, such as Colorado State Representative Jennifer Bacon, feel unsupported and perceive threats as punitive responses to their policies.

Notable Quote:

"You don't get to pick and choose who you protect, but it's hard not to feel like it's a punishment for our policies and for having the nerve to say Black Lives Matter." — Jennifer Bacon [32:37]

Recommendations for Centralized Security Measures

Maya advocates for the establishment of a centralized security agency to:

• Consistent Protection: Provide objective and evidence-based security measures.
• Data Collection: Implement transparent monitoring systems similar to the U.S. Capitol Police's approach for Congress members.

Historical Context and Current Trends

Normalization of Political Violence

While political violence has historical precedents in the U.S., the current increase in intimidation marks a concerning trend:

• Post-January 6 Insights: Events like the assault on Pelosi's husband and simultaneous threats across multiple state capitals underscore the escalation.
• Normalization Risks: There is a danger of such abuse becoming routine, undermining the democratic process and discouraging public service.

Notable Quote:

"It should not be normal that our elected representatives are afraid to do their jobs, and it should not be normal that people are afraid to run for office because they are afraid for the safety of themselves and their families." — Maya Kornberg [48:00]

Timeline of Escalation

The increase in abuse has been particularly noticeable in the recent years:

• COVID-19 Pandemic: Heightened tensions during public health measures contributed to aggressive protests and targeting of officials.
• Aftermath of Insurrection: The January 6th events acted as a catalyst for a surge in political violence against officeholders.

Breaking the Vicious Cycle

Policy Recommendations

Maya emphasizes several strategies to mitigate the cycle of intimidation:

1. Public Leadership Stance: Encouraging leaders to vocally oppose abuse and advocate for safe environments.
2. Mental Health Support: Providing accessible mental health services for officials and their staff to cope with the stresses of abuse.
3. Legislative Action: Implementing policies that allow for security expenditures and enhance protective measures.

Notable Quote:

"One of our key policy recommendations is that public leaders should stand up and speak out against abuse and raise awareness about this problem." — Maya Kornberg [50:59]

Encouraging Cross-State Learning

Drawing from successful measures like California's address confidentiality for public officials, states can adopt best practices from one another to bolster protection and reduce abuse.

Conclusion

The episode underscores the critical threat that intimidation poses to the integrity of local and state governance in the United States. By presenting the findings of the Brennan Center's report, Maya Kornberg illuminates the urgent need for systemic changes to protect officeholders, thereby safeguarding the democratic process. The discussion advocates for comprehensive policy reforms, enhanced security measures, and a cultural shift in how political discourse is conducted, both offline and online.

Key Takeaways:

• Intimidation of state and local officials is widespread and particularly affects marginalized groups.
• The erosion of safe political engagement threatens the very foundation of representative democracy.
• Addressing this issue requires multi-faceted solutions, including policy reforms, mental health support, and proactive leadership.

This summary provides an in-depth overview of the podcast episode, capturing the essence of the discussions and the critical insights shared by Maya Kornberg.