The Political Scene | The New Yorker
Episode: How to Protect the 2026 Elections from Donald Trump
Date: February 7, 2026
Host: Susan Glasser with Jane Mayer, David Remnick, Evan Osnos
Guest: Rick Hasen (Professor of Law and Political Science, UCLA; Director, Safeguarding Democracy Project)
Overview:
This episode provides a sobering look at mounting threats to the integrity of the 2026 U.S. elections, focusing especially on Donald Trump’s emerging efforts to undermine public trust in the voting process. With the help of legal expert Rick Hasen, hosts break down what’s genuinely dangerous, what’s possible under the law, and what concerned Americans and officials can do—while sounding an urgent note about the fragility of American democracy under pressure from within.
Key Discussion Points & Insights
1. The Immediate Context: Attacks on Institutions
- The panel opens with concern over the turmoil at the Washington Post, interpreted as symptomatic of the weakening of democratic institutions by billionaire owners under political pressure.
- David Remnick: “They are basically undermining them and replacing trusted sources of independent news with propaganda.” (01:31)
- Susan Glasser: “Never trust a man with a $500 million yacht to own a national treasure news organization.” (02:55)
2. Trump’s Preemptive Campaign to Undermine the 2026 Elections
- Trump is already calling the 2026 midterm elections “rigged,” advocating to “nationalize” elections in 15 states, and has pushed for seizing voting machines.
- Recent escalations include Justice Department raids on election offices and ominous rhetoric from allies, e.g., Steve Bannon’s call for ICE to "surround the polls."
- Susan Glasser: “The question... is not if he’s going to launch a campaign to undermine the integrity...but simply the question of how and in what way.” (04:27)
3. Legal Boundaries: What Can Trump Actually Do to Elections?
Rick Hasen (07:56):
- The U.S. Constitution gives control over elections to the states—NOT the president.
- Only Congress, via statute, can override state election rules in federal elections.
- "He can't be nationalizing elections. An executive order is not an edict. He has no power over elections.” (08:33)
- Past legal challenges to presidential overreach on elections have failed in court.
4. The DOJ’s Efforts: Voter Data Collection as a Pretext
- DOJ collecting state voter information possibly as a pretext to push documentary proof-of-citizenship laws (the "SAVE Act"), which disproportionately disenfranchise voters.
- Rick Hasen: "This is going to serve as a pretext...and then try and do other things. That’s really what I'm most worried about—a pretext of fraud to potentially seize ballots as they're being tabulated." (10:46)
5. Georgia Raid and “Dress Rehearsals” for Interference
- Presence of Director of National Intelligence Tulsi Gabbard at a DOJ raid in Georgia raises alarm.
- Optimistic take: distractions for the boss (“flood the zone with shit,” per Steve Bannon).
- Pessimistic take: “Dress rehearsal” for post-election federal intervention in ballot counting.
- Rick Hasen: "Once ballots are out of the hands of election officials...we can't be confident that the results are going to be accurate." (12:33)
6. Deep Dives: Scenarios for Post-Election Chaos
- Focus on GOP efforts to question ballot counts, especially if House control is at stake.
- The point at which the Speaker of the House is decided could be especially fraught if races are undecided.
- Rick Hasen: "They could try to claim in close elections...if a Democrat was declared the winner, it was actually a Republican." (15:20)
- The technicalities of late-counted mail-in ballots favoring Democrats are explained; this is not a sign of fraud, but normal process.
7. Emergency Powers and “Sovereignty Crisis” Rhetoric
- Cleta Mitchell (pro-Trump lawyer) invokes “sovereignty crisis” to justify presidential emergency powers.
- Rick Hasen: No legal “sovereignty crisis” exception exists. Martial law or troop deployment highly implausible but not unthinkable.
- “There’s enough reason to think...that Trump might try to interfere with the elections, that he has no power to do it, and to get the courts involved to make sure our elections can be fairly counted after votes are cast.” (18:17)
8. Precautionary Action: What Citizens and States Can Do
- Early, methodical planning for court injunctions to block federal interference in advance.
- Importance of supporting state/local election officials, poll working, smooth ballot processing, and early voting.
- Rick Hasen: “If you have that option, vote early in person. That makes it less likely there’ll be problems on Election Day. And then after Election Day, we have to be vigilant.” (21:47)
- The “three bulwarks” against interference: courts, state/local officials, and the American people in the streets if necessary.
9. The Courts: Hopeful But Uncertain
- Cautious optimism on courts’ willingness to block overt subversion attempts.
- Rick Hasen: “The Supreme Court did not buy into any of Trump’s attempts in 2020 to overturn the results...that is a line that at least the conservative Republican legal establishment is not willing to cross.” (24:16)
10. Why Does Trump Keep Claiming Elections Are Rigged?
- Possibly genuine belief, but also a potent political weapon for delegitimizing Democratic wins, especially in majority-minority cities.
- Rick Hasen: “He said, when Democrats win, it’s because they cheat...the worst possibility is that he’s using it to lay the groundwork to try to mess with 2026.” (25:25)
11. Reality Check: How Real is Election Fraud?
- Large-scale, coordinated election fraud is all but impossible in modern America.
- Rick Hasen: “The amount of election fraud in this country is very low. The amount of voter fraud is very low. And it tends to be...not anything on any scale that could affect the outcome of any large election.” (27:26)
Notable Quotes & Memorable Moments
- David Remnick (01:31): “Billionaires...are basically undermining [news organizations] and replacing trusted sources of independent news with propaganda.”
- Susan Glasser (02:55): “Never trust a man with a $500 million yacht to own a national treasure news organization.”
- Rick Hasen (07:05): "The right emotion is one of vigilance and not fear. Fear is demobilizing."
- Rick Hasen (08:33): "An executive order is not an edict. He [Trump] has no power over elections."
- Rick Hasen (10:46): “[I worry about] a pretext of fraud to potentially seize ballots as they’re being tabulated.”
- Rick Hasen (18:17): “Now is the time to be preparing...to prevent [Trump] from interfering with the tabulation of ballots.”
- Rick Hasen (21:47): “If you have that option, vote early in person. That makes it less likely there’ll be problems on Election Day.”
- Rick Hasen (24:16): “The Supreme Court did not buy into any of Trump’s attempts in 2020 to overturn the results...”
- Rick Hasen (27:26): "The amount of election fraud in this country is very low...not anything on any scale that could affect the outcome of any large election."
- Jane Mayer (35:24): “Sooner or later a false belief bumps up against solid reality. Usually on a battlefield. I would add also perhaps on an election day—knocking wood.”
Segment Timestamps
- Troubles at the Washington Post & Media Vulnerability: 00:45–03:13
- Setting the Stage: Trump's Election Subversion Moves: 03:13–06:14
- Rick Hasen Interview Begins: Constitutional Powers & Limitations: 06:14–09:12
- Voter Data Collection & Pretext for Suppressive Laws: 09:12–11:27
- Georgia Raid—Harbinger of Interference? 11:27–12:50
- Post-Election Scenarios: Counting & the House of Representatives: 12:50–16:02
- 'Sovereignty Crisis' and Emergency Powers Rhetoric: 16:02–18:44
- Practical Steps: What Can Citizens Do? 20:18–22:44
- The Courts as a Check: 22:44–24:37
- Why the Constant "Rigged" Rhetoric? 24:37–26:33
- Election Fraud—How Real? 26:33–28:07
- Wrap-Up Reflections & Action Items: 30:00–35:43
Analysis & Takeaway
- While the threats to the 2026 elections are real and unprecedented, there are meaningful checks and tactical responses available at state, legal, and citizen levels.
- Early legal strategies, citizen vigilance, direct participation in election administration, and strong local election authorities are pivotal.
- The actual risk of large-scale fraud is extremely low; the real danger is political manipulation of process and perception.
- The episode’s tone, though occasionally reassuring, underscores that sustained vigilance—and advance planning—are indispensable to preserving American democracy through increasing turbulence.
End of Summary