Interview Only w/ Molly Roberts - The Blueprint For How To Steal An Election

Lawfare senior editor Molly Roberts joins the Chuck Toddcast to walk through the "rogue clerk" scenario — the theory circulating online that House Republicans could hold power on January 3rd regardless of what voters do in November. Her piece on it has been called the most comprehensive analysis written to date, and her conclusion is genuinely nuanced: this is worth taking seriously without taking it too seriously. The mechanics matter. At noon on January 3rd the old House dissolves and, briefly, there is no House at all — only the clerk, who under 2 U.S.C. § 26 has a ministerial duty to place on the roll only those members whose credentials show they were regularly elected. Ministerial duties are enforceable by mandamus, which means courts can compel compliance before a speaker is ever seated. But the vulnerabilities are real: a speaker can unilaterally fire the clerk and install an acting one, a state certification delayed past January 3rd creates genuine chaos (Missouri is the obvious candidate), and once a speaker is elected the courts will likely bow out. She and Chuck walk through the historical precedents — the 1838 Broad Seal War, the 1984 fight over Indiana's "Bloody 8th" — and land on the reassuring and unsettling truth at once: pulling this off would require an enormous number of people at the state level and in the House conference acting in lockstep, and treating it as a foolproof hack implies it's lawful when it plainly isn't. The realistic ceiling for a rogue clerk isn't a stolen election; it's mayhem. The worry, as Roberts puts it, is that for some people mayhem is more than enough.

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Timeline:

(Timestamps may vary based on advertisements)

00:00 Molly Roberts joins the Chuck ToddCast

01:15 How Lawfare shifted from national security to rule of law

02:15 Could the administration steal the midterm elections?

04:45 The local certification weirdness that didn't work out

06:45 Many states tightened election procedures after 2020