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Welp. Emergency episode. Biden drops out

Give us your questions and thoughts and Matt will do his best to answer them! Hit the heart on things you want to hear.

Comments

I know, sorry didn't mean to imply you were! It was just a funny moment. I expect hot takes from certain other places but not OA so it just scared me for 0.1 of a second until I realised 😅

Jess C

The short answer is that you either have to prove past persecution on those grounds (which gives rise to a rebuttable presumption of future persecution) or prove the likelihood of future persecution in the absence of past persecution, usually but not always based on changed circumstances

Matt Cameron

Honestly after surveying what they are signaling the possible bases for these suits might be I felt pretty comfortable concluding yesterday that there is really no good faith challenge to be had which could actually rise to the level of an injunction keeping the nominee off the ballot in any state but certainly will be ready to take a look at anything that resembles a viable challenge if I am wrong on this!

Matt Cameron

Lol I promise I wasn't actually saying that seriously, more just in the interest of surveying the infinite universe of possibilities in these strangest of times

Matt Cameron

And his incredible wife, Gabby Giffords. Most impressive power couple in DC.

Austin Flake

The measure is whether she's popular enough to get elected, not whether she did well (or not) given the circumstances. I don't think there's likely to be a strong relationship between the latter and the former.

Jo Pearson

Matt please, I almost popped a vein in my temple when you said Oprah should be the nominee 😅 David Plotts, host of the Political Gabfest seriously suggested that prior to 2020 and I got so mad I unsubscribed and sent an angry email. I am still mad that's a thing I heard someone say sincerely 🥲 Anyways thanks for the great ep, cleared up so much!

Jess C

Biden seems to be in a place where he's having some off days here and there. Maybe worse but that's the charitable position (which I'm happy to take until proven otherwise). I feel like you can continue being president in that state for 6 months (3 of which are lame duck months). But years out is much more questionable.

Apprentice57

Rs have the house... There won't be any legislation. There are executive orders but Trump can easily reverse those

Matthew Williams

By all reports it isn't -- but that's not the point. The point is that it's an opportunity to flip the narrative. Secretaries of states in Republican counties can use it as a justification for misprinting ballots with Biden on them. Then, we are forced to use the legal system to make them comply with reality. We're already seeing it in their rhetoric. Prior to all the shenanigans we saw last time I wouldn't even consider it, but now? Now they can take what they've learned from Trump's trials (stall stall stall, Appeal to the supreme court) and apply it. Hopefully the response from Matt would be "We get an immediate appeal that the SC will immediately issue an injunction before the vote" -- I'm just concerned there's a window for chaos here and what happens if we don't intercept it _before_ election day. What's the process for a redo on election day in that scenario?

Nick from England

Months ago, progressives were saying SCOTUS will never recognize immunity because that detracts from their power. They no longer think decent legacy. Should we fear that every SCOTUS decision from here on out will be just keeping their necks off the gallows if the next Jan 6 succeeds?

We can feed everybody

I’ve heard there will be issues in some states for the general election ballot because of some states rules regarding their primaries. Can you calm my fears that we just handed this election to the Supreme Court to decide?

Benjamin Ficker

They already own the court for the foreseeable future. They don’t want court expansion to be a thing, as Democrats would just do it again when they got power.

Buck

Yes! He has been great for NC, AND since he can't run again due to term limits, we wouldn't be losing him. I just hope the fascist shitstain that is Mark Robinson doesn't win.

Deanna T.

I’d have to look into Mark Kelly’s performance to date, but having an astronaut on the ticket would impress some people I think. Lean into support for science..

Steve Whitcher

We haven’t seen a lot of her, but when I have seen her appearances I thought she came off quite well. I feel like that’s pretty standard though, the VP doesn’t get the spotlight, at least not until well into their second term when they are expected to run at the top of the ticket next. Is there a VP under a first term President that you think did better than what she has?

Steve Whitcher

Its nothing more than a prediction based on my sense of where the wider public stands. We've had a long enough time with Kamala. For a high-level politician she has been remarkarably lacking in charisma and notable influence. As for racism/sexism, obviously that will always be a factor in American politics. But knowing it exists and factoring it in is not 'bowing' to racism. Obama was easily the favourite despite his race (true both times). Meanwhile I thought Hilary was a narrow favourite in 2016 (close). Indeed if anything Kamala's race and sex might be a net bonus to help shore up soft support among the base among women and black americans. But that doesn't make Kamala any better of a politician. She has time to change my mind, but I'm not going to pretend she's a blank slate whom we know nothing about.

Jo Pearson

I’m ready to fall out of the coconut tree guys. I’m Harris-pilled

Kelley

I mean, you could also blame Biden for flipping on his initial plan for 1 term; or his aides for suggesting he should run again (or pushing him to) when they knew he was already on the senility swing. He /should/ have not been running from a year ago

I am a philosophical hole

Given the RNC only confirmed their candidates last week, how in the world could it be too late today?

I am a philosophical hole

I don't understand how you can claim Harris hasn't got the chances, after she hasn't campaigned for herself at all due to being under a unity ticket with Biden? Or is this bowing to the race/sexism?

I am a philosophical hole

I just heard something last week about expanding the court. What-if anything-can be done along these lines prior to the election?

Murcury Vapor

Those who forget history are doomed to repeat it

Jeanie Jean Jean

Because she can be full time on campaign if he sticks it out.

Ryan Kovaleski

Continuing to be president for the new few months is very different than being president for the next 4.5 years.

LipstickLumberjack

Mike Johnson was talking about exactly that last week.

Peter Marchetti

If Biden isn't fit to run, why shouldn't he also resign and allow Harris to be sworn in?

Peter Marchetti

My "Bad leftist takes" friend tells me that she Sent Parents to Prison for truant kids. And that having been a Prosecutor makes her a COP and ACAB

ADHDProgrammer

I am conserned that this will open some sort of hole that will let SCOTUS declare that neither Biden not Harris are actual proper candidates any more, and the Trump wins by default.

ADHDProgrammer

These things can exist together. It's going to be an open convention, but it seems like Harris is going to have a lot of support. Biden endorsing her doesn't prevent someone else from putting their hat in the ring and winning

Bear The Bull

I know this is some kind of Sorkin-esque fantasy land thinking, but how great would it be if outgoing President Biden were to wait until Congress adjourns after the election but before the new one is sworn in, and then makes three recess appointments to the SCOTUS? Bonus points if he uses his powers under Article 2 Section 3 to force Congress to adjourn early so he can do it.

Congress- the opposite of PROgress

Now that Joe has dropped out, how should we feel about how we were gaslight about his condition?

Steve S

I feel like those slamming the move on the whole underestimate how pervasive the concerns about Biden's mental acuity are on the right. Living among (small-c) conservative folks and swing voters here in the UK (which is heavily influenced by the US right) Biden's mental decline has memetic status, and its not even the right country. That's a terrible sign. I don't think Harris has much of a chance of winning, but she might limit losses. Best option for the Dems in my book is to go for someone like Gavin Newsom.

Jo Pearson

Ok here's my weird worry that I'm hoping someone can help with. The democrats have been talking about expanding the Supreme Court a lot. They've even provided the somewhat decent justification of saying that there used to be 9 circuits and 9 judges. Now there are 12 circuits and so there should be 12 judges. If trump wins he could act all bipartisan and say 'I've been listening to the dems and agree with their logic. Let's expand the court' and then add 3 judges. What would the democrats say? 'But WE wanted to nominate the judges. Trump could be extra diabolical and offer one of the three nominees to be nominated by the democrats. Anyway, just my fear I needed to get out there

Jordan Norman

What the others said, *and* even if you assume the presidency is lost this move gives Dems their best shot at taking back the House and holding the Senate in order to limit the impact of Project 2025.

Congress- the opposite of PROgress

She was never a fed. She was a city attorney, then DA of San Francisco under Gavin Newsom, then she got elected as Attorney General of California. Not that it makes much difference, especially since she had a record of being very tough on the homeless in San Francisco when she was DA. On the other hand, that might help turn out moderate Dems and swing voters.

Congress- the opposite of PROgress

Campaign finance considerations for Harris vs anyone else.

Probably a real person

Ohio filing deadline

Probably a real person

From a legal perspective: we saw last time that the right wing has no issues trying to stall the election process in the courts, fortunately with little success. But can they flip the narrative now? What if a Republican state simply says "replacing a candidate now is illegal" and continues to print Biden on the ballot? Could they block the new nominee this way? Would we have to find a remedy in the courts? Call me paranoid...

Nick from England

Mark Kelly for VP!

fran reichenbach

Can Biden use his last months to make SCOTUS reform or would that taint (he he!) Kamala’s efforts on the campaign trail? And can she enjoy and, can he use presidential immunity as Kamala can consider once elected? Bet Trump and his followers in the Supreme Court didn’t count on that!

fran reichenbach

I’d like to see a pro/con for Harris’s potential running mates. What does each bring to the table for enhancing the electability of the ticket? Along those same lines, what candidates that many here would love to see picked do to hurt the ticket?

Pete Day

It can be a senator from a blue state. The governor would just fill the seat.

Pete Day

Related: Are any of these challenges likely to make it to the Supreme Court?

Patrick Bracken

Before you mention the possible VPs, please consider the states they represent and who their theoretical replacements could politically be. Best examples are Mark Kelly (AZ) and Andy Beshear (KY).

Austin Flake

There's been a lot of speculation Republicans could throw wrenches in any process of changing nominees with (probably spurious) legal challenges. Would they have any legal basis for doing that? What are they likely to try?

Sam

So, I would actually caution waiting until maybe Wednesday to do the emergency episode (even if it means delaying T3BE again), considering it looks like there are already going to be some legal challenges to Biden dropping out, so it might be better to have something more substantive to analyze, since we already know the suits are planning to be filed.

Mr. Wilt

Iirc you donate separately to candidates for primary and for general. But also Republicans insist laws don't exist. And the deadlocked election commission can't do anything anyway.

Josh Crowe

An interesting circumstance though, how “lame duck” is he when the most likely candidate for his party is his current VP? Everything he does will still surely reflect on Harris.

Nathaniel Field

I'd just like to here some positive impression, among the realistic woe. So I wasn't calling for Biden to drop out, but now that he has I'm not worried. IMO No one was voting Dem because they loved Biden's vibes. People *will* vote for the 60 year old over the 80 year old.

Jon C

The folks who were going to stay home because of Biden's support for Israel are unlikely to vote for a former federal prosecutor either, unfortunately.

cwoodfield

Yes, I specifically meant the politicians and celebrities who put out statements (officially or unofficially) calling for him to withdraw.

Steve Whitcher

Narcissistic white-privileged jackals pushed the white-privileged guy out to make way for the woman of color??

I let one slip on my first opening statement and it was silent but deadly minus the silent.

How do I help my American friends get out before the war starts? I’m not joking.

Mockingbird Nation

I get that. And in two weeks you'll be wringing your hands over whatever issue the GOP tells you is an issue. And the next candidate. It's a pretty obvious pattern that always leads to the conclusion that we should have nominated someone the GOP couldn't have attacked.

Gmork

... Did not know... Just got in to say wow

Maria Kladaki

Until scotus makes something up

Jeanie Jean Jean

Is a second term for Jimmy Carter the twist ending that no one saw coming?

Michael Morrisson

I thought you meant Dems in general, but it sounds more like you meant the politicians. Fair enough, sorry for the misunderstanding. "Too late for being productive" is defeatist af, though. If the bad guy wins, it becomes about being productive in preventing him from enacting his agenda.

Help, I'm trapped in a podcast factory!

Harris could start her term by pardoning hunter

KeepingThePlatesSpinning

Everyone could see Biden's age was an issue. Trying to hand wave over that played into GOP narrative more than replacing him. Media elite trying to tell you what is reality.

oh good what luck

Are there any states that won't allow him on the ballot based on this shift?

The Kochay

Roy Cooper

Maytree

Considering that I had no influence on the decision one way or the other, that would seem rather silly. But, blame isn’t about productivity. Once the election is over (if trump wins), it’s too late for being productive.

Steve Whitcher

I think Gavin Newsom probably has the best name recognition and record of any of the names I've heard so far (and he gets big points for firing one of the first shots in the effort to legalize gay marriage when he was SF's mayor), but you're right that given he and Harris are both from CA, the geographical reach does not work in his favor.

cwoodfield

And doomers.

Philly Basement Bar is back open, and isn't taking this shit lying down.

Legally, there's no nominee yet. Not til the convention.

Philly Basement Bar is back open, and isn't taking this shit lying down.

Election Registration Deadlines - We've clearly passed the primary deadlines but are there other statutory deadlines for the general election registration? Is there a chance that the Dem nominee is too late to register in a state?

Shad Riley

"It's utterly futile and any thinking person knows this." No, lots of thinking people have looked at the situation and come to a different conclusion.

Help, I'm trapped in a podcast factory!

Beshear should be a strong contender, and since he's term limited there's no significant value in keeping him in office. Josh Shapiro is another strong contender.

Viktor Arthuis

Pardon Hunter, AND his laptop?

Bob Cobourn

How should Biden use his new presidential immunity powers as a lane duck? Is there room in Guantanamo for a few Trumps and some Supreme Court justices?

Bob Cobourn

If Biden had stayed in and lost, how productive would it feel for people to blame you for Trump winning?

Help, I'm trapped in a podcast factory!

Marc Elias addressed this on Twitter the moment he dropped out, saying that there's no actual legal basis for keeping a Democratic nominee out of elections.

Viktor Arthuis

I heard talk of possible legal challenges - what could they possibly be? I can't see who could have standing. There must be a mechanism for a candidate to withdraw after the primaries if they wish to do so.

Liam Child

Arizona has a democratic governor, so Mark Kelly is a safe pick. Personally I'd like to see Scott Kelly appointed to replace him. 😅

Bob Cobourn

Whitmer

Help, I'm trapped in a podcast factory!

To seek asylum in a country on religious or persecution based on sexual orientation or a disability grounds does the act have to be ongoing or can or just be imminent?

Autistic Dilettante

What do you think the odds are that Harris can win the votes of white male blue collar workers age 50+ in the swing states? How likely do you think it is that the votes she'll lose in that demographic will be sufficiently counterbalanced by gains elsewhere in the critical states?

Maytree

This seems like a really bad move. If Trump wins again, I will absolutely blame all of the democrats that forced Biden into this.

Steve Whitcher

My hope for VP is Gretchen Whitmer. She'd help with the Midwest. I wouldn't be disappointed if she went with Kelly, but I think they should double down on women. Focus messaging on how voting for Trump is voting against women. If the country is going to elect Trump again, I want us to go down swinging haha.

Help, I'm trapped in a podcast factory!

How about she picks Joe Biden? I hear he’s got some free time now.

Mike

Good point.

Libby Arnold

It can’t be a senator, we’d risk losing our majority. How about Wisconsin Governor Tony Evers? He’s a little old though, and as always, pulling people from swing states is an issue.

Mike

Absolute insanity. Stupidest move in the history of stupid self destructive moves. I don’t need Any lectures about how it’s time to rally around Harris. I’ll vote and contribute and all the rest. But it’s utterly futile and any thinking person knows this. She has zero chance of winning. 0000. I also have to spend my time and money preparing for the fascist hell scape we are all about to descend into thanks to whatever pack of stupid ass narcissistic, self-absorbed white privileged jackals that pushed Biden out of this race. Anybody who’s not white, not Rich, not straight, we are screwed. Anybody that dithered around telling Biden should get out of race. You just screwed all of us. Kiss all of your friends goodbye that are not just like you. We won’t be around for long - you have killed us.

Jennifer Barrett

Let's vote for vice president pick! Beto? Buttigieg? Other?

I irradiate children.

Can you discuss the implications of the Biden/Harris Super PAC money can only be spent if Harris is the candidate.

YakkoWarner

What are the best reasons to get EXCITED about Harris as candidate? Good talking points for independents in our life

Vibrators for all

How to we shift the focus to positive aspect and not just the negative aspect beating Trump? Can we inspire disillusioned voters to turn out now?

Dr. Clerk

What parts of Kamala’s record are most likely going to be used against her? Will the GOP even bother to go into her record, or will they just hammer her for being a “DEI candidate?”

James Linscheid

How do the Dems avoid a repeat of 1968? Can they?

Jeanie Jean Jean

Thank you listener Lydia S!

KeepingThePlatesSpinning

With Harris being the nominee, do you think this will hurt the black vote given her past as an AG?

Aminah

I really like this line of thinking.

Help, I'm trapped in a podcast factory!

Thank you for this much needed laugh in the middle of my existential fear 😄

Twas Brillig And The Slithy Toves Did Gyre And Gimble In The Wabe All Mimsy Were The Borogoves And The Mome Raths Outgabe

How does inheriting the campaign funds interact with people who already donated to Biden donating to Harris now?

Sean McCarthy

What fatal flaw will the GOP assign to Harris, and how long until the same people are pushing her to step down bc said flaw means she can't possibly win? Bonus points for answering the same questions re whoever comes after her.

Gmork

Is Kamala Harris being endorsed because it is the done thing to endorse the VP? Or could Biden/the Democrats have chosen someone other than her?

Sally Horler-Lau

I hate to say it but vp Harris needs a geographically advantageous white guy that’s not progressive to beat trump. I think mark Kelly would be a good choice. It has to be someone that can help in the Midwest and south.

Libby Arnold

What do *you* think currently about Harris as a potential president (not as a candidate - way too much political coverage is speculating about electability aka what other people think)?

Sean McCarthy

Open convention is a great way for people to scream "do the primaries not mean anything! What about the will of the people!" Nancy needs to run in a primary or STFU

WhySatan

Do the red states most likely to at least try to keep Harris off the ballot allow write-ins?

Help, I'm trapped in a podcast factory!

I'm curious if the party will be united from the outset on his replacement or if we'll see a contest between multiple people throwing their hats in the ring

Katie Stephan

Right after the bad debate performance when the convo about replacing Biden really flared up, I remember reading that there would be a legal issue with getting another candidate on the ballot in certain states (including some critical swing states) due to deadlines and state specific rules about what candidates can go on the ballot based on primary results. I have to assume this is something the Dem party has an answer to, but what might that answer be? Is putting another candidate on the ballots going to be an issue or is that an overblown concern?

GavinNewsomMetalBonesTruth

My partner wondered if there are super pac rules re: funds going to the specific people, i.e. can only Harris use them.

Katie Stephan

Is this bad? Did this hand Trump the presidency? It feels dumb, but this is where we are.

Wishing every Clarence Thomas a very God rest his soul

Going over the campaign funds rules in regards to the Biden/ Harris $100mil war chest

Matt Miller

I thank the President for this truly selfless act. To Matt, Marc Elias stated on Twitter that the GOP cannot really mess with Kamala’s candidacy. What do you think? https://x.com/marceelias/status/1815089795728622009?s=46

Kate

What can he do for the next five months since he's gonna be focusing on legislation, What can he do to make sure that Trump can't completely destroy the country if he wins?

NSaneAtheist

Considering the timing of this announcement, do you think there is a path that has already been laid out come the convention regarding candidates? President Biden endorsed Kamala Harris but I’ve also heard Nancy Pelosi may want an open convention. If that happens, who do you think could end up as the nominee and VP pick?

FearlessFighter

Breakdown of concerns over Ohio's electoral votes supposedly being lost if the nomination isn't made like, this week? I've heard this was not the case because of an emergency amendment to the law?

ToddTheOdd

Do you have to be 35 at the nomination or just when sworn in?

Melissa Hall

How concerning is the ballot finalization deadline change in Ohio based on any existing legal precedent?

Nathaniel Field

Is there a chance the new candidate can be excluded from the ballot of any given state?

Argle bargle, claptrap and jibber-jabber

How will the nominee be decided?

Another Minneapolitian

Jk lol

Lydia Smith

How easily can Harris inherit the campaign funds?

Vehicular Man's Laughter ... Oh I just realized it's 'car' from WTW ... he's so good at Codenames he can play it blind

How does this work with ballot deadlines in the states?

Heather Law

Any significance that Uncle Joe announced this on National Ice Cream Day?

Lydia Smith

An explainer of the DNC delegate rules would be great

Audrey Arnett


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